China's rare earth export restrictions being laid violations, or to the end of the quota system

Geneva time on March 26 , World Trade Organization announced the United States, European Union, Japan v. rare earths, tungsten, molybdenum export management measures related to the case of the panel report China , ruled the Chinese export management products involved violations. Industry analysts, after nine raw materials case , China's rare earth export restrictions has once again been cut violations, which means that China 's export quota system for many years , or face the end.

Geneva time on March 26 , World Trade Organization announced the United States, European Union, Japan v. rare earths, tungsten, molybdenum export management measures related to the case of the panel report China , ruled the Chinese export management products involved violations. Industry analysts, after nine raw materials case , China's rare earth export restrictions has once again been cut violations, which means that China 's export quota system for many years , or face the end.

Expert Group report that our export tariffs on rare earths , tungsten, molybdenum related products take management measures and export quotas for rare earths , molybdenum export performance and export enterprises registered capital requirements imposed does not comply with the relevant WTO provisions . The report notes that China's rare earth export restrictions adopted failed to demonstrate protection of natural resources , but not with restrictions on domestic production or consumption measures implemented together .

" China is currently evaluating the report panel decisions and make proper follow-up of the case under the WTO dispute settlement procedures . " Commerce Department of Treaty and Law , 26, said the person in charge . Meanwhile, deputy secretary general of China Association of Chen Zhanheng rare interview with reporters, said that at present the Association has prepared the report for the determination of the specific content of study and assess the impact of China 's rare earth industry award and member companies , the next step will be based on the assessment results take some measures .

Reporters learned that, according to the WTO dispute settlement practice, the panel report issued within 60 days of our country can appeal . After 3-4 months , WTO will issue a final ruling. If the final ruling is still considered China's rare earth export restrictions violation, then our country will be implementing the WTO ruling, amend the related export restrictions .

" For now, there are three members of a group of experts to support China's claims , but also in the WTO members , there are also a member of several developing countries support China's position , Russia, as a third party to join the negotiations also provided evidence to support this a stand. These are favorable conditions for China's appeal of the case . " A law pointed out that China should actively appeal , promising to fight v. points . But he also said that the conclusions of the panel report is completely overturned little chance of winning .

It is noteworthy that , just five years ago, the Chinese but had a similar case to sit in the dock WTO . 2009 , the United States , European Union, Mexico will China bauxite , coke, fluorspar and other nine kinds of raw materials export control measures taken to WTO. January 31, 2012 , WTO issued a report dismissing the appeal request China based on environmental or supply shortages preliminary ruling raised the export of nine raw materials, the final ruling I restriction violation . "In fact, at the time Europe Dispute filed materials , it has been the layout , the goal is for the rare earth testing the waters . " An industry source pointed out that , while the real worry is him , rare earth might be only one incision , the real purpose of Europe and America to the ultimate impact of the country 's export control system of strategic resources .

According to " 2014 list of goods export license management " , China's export quota license management has 22 kinds of goods , export quota bidding has four kinds , covering mainly agricultural products, coal , crude oil and other energy products , as well as a small amount of non-ferrous metal resources . Earlier, after the WTO Dispute raw accordance ruling , China has canceled the export quota of nine measures of raw materials . That is, if the rare earth products involved in the case and then cancel the quota management , then the field of non-ferrous metals will bid farewell to the " Quota Era" .

In China WTO Research Institute of Foreign Economic and Trade University Tu Xinquan opinion, this export quota management system in China since the 1980s began undoubtedly a challenge. One of the most critical is that even rare cases settled, there will be a game behind the other strategic resources. Therefore, China must be prepared at the strategic level , and the current domestic likely " invited heavy criticism " of the relevant measures for reflection.

"In order to reverse the unfavorable situation in the WTO , China's rare earth policy has shifted production processes . " Ministry of Industry and Raw Materials Division , an official told reporters. 2012 began to include more competent departments of Commerce, Ministry of Environmental Protection , the Ministry of Industry , the Ministry of Land began frequently "hit " rectification rare order. Following the State Council issued the first " China 's rare earth conditions and policies ," the White Paper , the Ministry will launch a rare "black industry" chain governance , some do not meet environmental and industrial policies of rare earth mining and production companies have suspend production for rectification . Rare long-awaited plan is also the beginning of a large group "released ."

"We are worried that the losing is actually on China's export quota system of sanctions to a greater extent , after the formation of this rule , once after we found other rare disorder but was exported resources, we can not the use of such methods for protection. "the source said.

He Weiwen China WTO Research Association , told reporters that the rules significance than practical significance rare cases . In fact the last two years because of the international market supply and demand pattern of rare earth changes, China 's quota is not enough, but used up . So even cancel future of rare earth quotas, market and industry will not happen much impact. Management of critical rare earth industry lies in the consolidation of the country .

He Weiwen think , on the one hand , China should step up strategic research related to strategic resource protection ; on the other hand , in the face of foreign products on our resources , " proactive " , China also should actively reserve " counter-measures " . "For example, can the United States and other oil or gas exports also filed a lawsuit , of course, carefully prepared on the basis of research . "


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