May 21, 2014 Price of rare earth products

May 21, 2014 Price of rare earth products

Name Specifications Origin / Mark Reference Price Average Change
Rare earth carbonate REO 42.0-45.0% Domestic 24000-25000 yuan / ton 24500 0
Lanthanum oxide La2O3/TREO 99.5-99.9% Domestic 18500-19500 yuan / ton 19000 0
Cerium oxide CeO2/TREO 99.5-99.9% Domestic 19500-20500 yuan / ton 20000 0
Praseodymium oxide Pr6O11/TREO 99.0-99.9% Domestic 570000-580000 yuan / ton 575000 0
Neodymium oxide Nd2O3/TREO 99.0-99.9% Domestic 320000-330000 yuan / ton 322500 0
Samarium oxide Sm2O3/TREO 99.5-99.9% Domestic 17500-18500 yuan / ton 18000 0
Europium oxide Eu2O3/TREO 99.95-99.99% Domestic 3800-4000 yuan / kg 3900 0
Gadolinium oxide Gd2O3/TREO 99.5-99.9% Domestic 145000-150000 yuan / ton 147500 0
Terbium oxide Tb4O7/TREO 99.95-99.99% Domestic 3000-3200 yuan / kg 3100 0
Dysprosium oxide Dy2O3/TREO 99.5-99.9% Domestic 1650-1700 yuan / kg 1675 0
Erbium oxide Er2O3/TREO 99.5-99.9% Domestic 320000-330000 yuan / ton 325000 0
Yttria Y2O3/TREO 99.995-99.999% Domestic 49000-51000 yuan / ton 50000 0
Praseodymium , neodymium oxide (Nd2O3 + Pr6O11) / TREO ≥ 75.0% Domestic 325000-335000 yuan / ton 327500 0
Metal lanthanum La / TREM ≥ 99.0% Domestic 45000-50000 yuan / ton 47500 0
Metal cerium Ce / TREM ≥ 99.0% Domestic 56000-58000 yuan / ton 57000 0
Metal Pr Pr / TREM 96.0-99.0% Domestic 800000-840000 yuan / ton 820000 0
Neodymium Nd / TREM 99.0-99.9% Domestic 410000-420000 yuan / ton 412500 0
Metal terbium Tb / TREM ≥ 99.9% Domestic 4400-4600 yuan / kg 4500 0
Dysprosium Dy / TREM ≥ 99% Domestic 2400-2600 yuan / kg 2500 0
Metal yttrium Y / TREM 99.9-99.95% Domestic 270-290 yuan / kg 280 0
Lanthanum cerium metal Ce / TREM ≥ 65.0% TREM ≥ 98.5% Domestic 38000-40000 yuan / ton 39000 0
Praseodymium neodymium metal Pr / TREM 20-25% Nd / TREM 75-80% TREM ≥ 98.5% Domestic 410000-420000 yuan / ton 415000 0
Praseodymium , neodymium and dysprosium metal TREM ≥ 99.0% Domestic 420000-430000 yuan / ton 425000 0
Battery grade mixed rare earth TREM ≥ 99.0% Nd / TREM ≥ 15% Domestic 135000-145000 yuan / ton 140000 0
Dy alloy Dy80% Domestic 1700000-1750000 yuan / ton 1725000 0



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Jiangxi Copper tungsten, rare earth lithium key investment and other non-ferrous industries

Today, reporters learned from the Jiangxi Provincial Industry and Information Committee , formed by the compilation of the committee , " the focus of Jiangxi industrial property investment direction and business directory" has officially released a collection put together 31 industry segments and industrial development is closely related to each industry chain structure, key investment direction of industrial development were clear and concise presentation of a collection of more than 1,300 domestic and international focus on the basic situation of enterprises .

It is reported that " the focus of Jiangxi industrial property investment direction and business directory" is a compilation of semiconductor lighting , intelligent terminals, digital TV , software services , chemical drugs , medical devices , biotechnology, medicine , automobile , efficient mining and construction machinery, aviation, shipbuilding, photovoltaic, grain and oil processing green drinks , livestock production and processing, copper , petrochemicals , silicones , salt chemicals, fluorine chemicals, textiles, clothing textiles, chemical fiber , paper, building ceramics , glass fiber composites, glass ( special glass ) , industrial ceramic , tungsten, rare earths , lithium and other 31 industry segments . Listings for each industry chain structure, concise introduction to industrial development were the focus of investment direction, the major domestic and foreign enterprises and so on.

Wu Xiaojun , director of public letter to the provincial party committee , said the production of " industrial property Jiangxi key investment direction and business directory" aimed at clarifying the development of strategic emerging industries in our province direction and focus to guide the development of the country focusing on key aspects of strategic emerging industries, there carry out targeted investment chain , to carry out docking excellent companies at home and abroad , the bigger, stronger doing fine key industries and enhance their competitiveness , and vigorously promote the province's extraordinary development of strategic emerging industries and industrial property upgrade.

In this regard , the letter of appointment requires all provinces to give full play to the top ten emerging industries of strategic development planning, segments of the industry chain map, guiding the direction of industrial property and business directory focused on investment , combined with local foundations and industry development status , find quasi- industrial development priorities and the path to further clarify ideas, solve problems , focus efforts on projects, industrial agglomeration , layout optimization, innovation-driven , etc., and strive to make significant progress and breakthroughs , the formation of distinctive , complementary industrial structure and industrial layout, and vigorously promote the development of local strategic emerging industries .


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China, though losing, the risk is still rare in

WTO ruled that Chinese restrictions on exports of rare earths in violation of the relevant trade agreements , but that does not mean to make Japan 's rare earth industry uneasy crisis has been eliminated. In the background of falling prices of rare earth , rare earth alternative to the slow progress in the development of the origin of the problem is obvious. Stable procurement of rare earth materials is still not implemented.

"If it is to protect the environment , China should take measures to limit domestic production , rather than limiting exports. "

World Trade Organization (WTO) Dispute Settlement Committee in its report presented in late March 2014, the Court found that China 's rare earth export restrictions policy violated the relevant trade agreements . Subsequently, China has appealed his conviction on the grounds of the appeal to the High Commission documents . WTO scheduled before the summer of 2014 to make the final determination , a high probability of maintaining preliminary .

HV ( hybrid ), EV ( electric vehicle ) , wind power, flat-panel TVs , smart phones, etc. , the production of these high-tech devices are inseparable from rare earths. 2010 due to events in China 's share of global production of rare earth export restrictions and let the Japanese industry uneasy over 90% is still very fresh. So , WTO rulings will become Japan 's rare earth crisis is completely over yet ?

China rare earth export restrictions again

China is beginning to strengthen after 2000 rare earth export restrictions . Although the reason is to protect resources and the environment , but actually puts it as a diplomatic tool.

2010 China suspended rare earth exports to Japan will be able to prove it. Due to the collision occurred which led to the Diaoyu Islands waters immediately Sino-Japanese relations , the Chinese government to stop exports to Japan of rare earth , to achieve a real sense of Japanese sanctions .

China's re- exports to Japan of rare earth , not only improve the tariffs, and significantly limit the export volume . As a result, rare earth prices soaring to the original 10 to 25 times , allowing for the purchase of Japanese corporate users exhausted . Later rare earth prices will fall , has slipped to near 2010 levels before . The reason is because many Japanese companies once the bulk purchase of trends in prices , resulting in a large number of stocks .

There was a time it was also worried that stock prices will rise again after use rare earths up . And after the Chinese export restrictions on rare earth policy was halted WTO, so many people calm down, think of rare earth issue has been resolved .

However , a person familiar with the situation in China but then raised objections to this view : " China rare earth enterprises appeared intent to impose ' green tax ' is. If you do , in fact, no difference with the export restrictions . "

Green taxes will be added to the export of rare earths , Japan and other countries, while the use of rare earths in China , it will emit green taxes without government reserves. Although the tax depends on the level of environmental protection , but if China really implement such a policy , Japanese companies may again have to buy expensive rare earths.

In fact, the Chinese government has begun to increase rare earth reserves . Although the Chinese rare earth exports continued to decline after 2011 , but in 2013 the amount of rare earth mining major ion adsorption ore mines still reached 9.38 million tons, an increase of 23 % compared to 2012 . This is because China is estimated to expand reserves and increased production .

Chinese government reorganization of the rare earth industry may also lead to higher prices . China intends to operate in the year 2014 limited rare earth enterprises in the aluminum and six large conglomerates , aims to prevent price competition by the elimination of small -scale enterprises .

China's rare earth export restrictions by the impact of policies , Japanese companies deeply felt the risk of China 's rare earth under control , thus speeding up the development of alternative technologies and diverse sourcing process, but these recent measures gradually stopped.

Because the current rare earth prices have been low and stable state , many companies began to think , "Rather than rush to make an early practical alternative technologies , it is better to focus on the elimination of the inventory" ( a magnet alloy manufacturers ) . There are also some companies released a rare alternative technologies , such as Japan, Daido Steel is not used for the development of a rare earth magnet dysprosium . However , the cost and other aspects of the problem to be solved , so that these alternative technologies truly universal , estimated that it takes a long period of time.

More serious problem is that Japanese companies rely on China to get rid of the name of the banner in 2011 after have announced plans to develop new resources or expand sourcing , but failed to advance these projects as planned .

Rare earth resources development stagnated

Toyota Toyota Tsusho is a major customer , and actively take measures to ensure that the rare earth interests of the company. The company said that " unfortunately , rare earth projects are not formally entered the production phase ." In support of the Japanese government, the company plans in India , Vietnam and Indonesia and other places for rare earth production . These projects scheduled to begin production in 2013 , but did not come to fruition .

Sumitomo situation is the same. The company and the state-owned nuclear companies established a joint venture in Kazakhstan , planned use of uranium ore residue recycling rare earth business. The project should begin full production in 2013 , but the company said, " technology is still in the validation phase , followed by things yet to be determined ." American molybdenum mining company (Molycorp) also plans to develop a rare earth supply base in Japan and the highly anticipated "Mountain Pass mine " ( California, USA ) , but " the project later than originally planned more than a year . "

There are arguments that the above rare earth development plans have reasons for the delay is that the profitability of these projects due to falling prices of rare earth becomes difficult , companies weakened enthusiasm for resource development . If this continues, still adhere to the terms of " the future will be rare as a strategic resource ," the tough stance of the Chinese government , may be rare in Japan as sanctions tool again .

In fact , Japan has been found in the waters near the South Bird Island "rare earth mud ." This mud is rich in rare earth dysprosium ( HV and EV is to improve motor performance indispensable RE ) and other heavy rare earth elements. Here also has another advantage , and that is on the ground when the environmental risks facing the mining of rare earth and other radioactive waste is almost non-existent.

However , more than 5000m deep-sea mining of rare earth from the depth of the need to address issues such as profitability . In order to make these rare earths can be used , but also for mining methods and other technical innovations, no small difficulty in this regard .

Rare is the Japanese manufacturing indispensable resource , but can not easily get the procurement situation still has not changed. In the Sino-Japanese relations can not see signs of improvement in the situation, the crisis in Japan to prevent the arrival of rare earth again , we must force the government and enterprises , can not stop efforts to get rid of dependence on China conducted . Source: Nikkei technology online


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Attracting large and strong to extend the industrial chain of rare earth pillar industry bigger and do good

Reporter : the county main industrial cum investment, the development of private economy , convening major infrastructure projects ahead of the crucial mobilization meeting , sounded the county " Merchants strong workers ' horn, I ask what county the rare earth industry investment focus is ?

Li Wenfeng : county rare earth industry should focus on the introduction and application of deep processing projects , focusing on the development of rare earth permanent magnet materials , rare earth luminescent materials , rare earth hydrogen storage materials and rare earth catalytic materials, gradually formed from mining , separation, and the full application of rare earth deep processing of industrial chain.

Reporter : To complete the objectives and tasks of the year , the rare earth industry investment team have any plans for it?

Li Wenfeng : First, take the initiative to rare earth permanent magnet materials, rare earth luminescent materials , rare earth hydrogen storage materials and rare earth catalytic materials , such as deep processing and application projects focus on increasing investment promotion efforts in the Yangtze River Delta and other coastal areas. Second, the active docking, attracting large and strong . Efforts to introduce a number of large- scale investment , high technology content, strong leading role leading the project . Currently strive to promote Minmetals Group's two business integration and separation of rare earth rare earth technology projects as soon as possible the implementation of the South . The third is currently in talks led through Prudential rare earth phosphors and energy efficient lamps and a number of projects signed as soon as possible . Four is contracted , settled project tracking service , to ensure early completion of the project early production . Fifth, do everything possible to circumvent existing rare earth market downturn impact on industrial development, waste recycling existing rare earth enterprises in the background , based on technological innovation and guide enterprises to achieve the rare earth industry chain bigger front so gifted .

Reporter : It is understood that the county team and two rare earth industry investment projects except in rare talks big project , the current progress of the how?

Li Wenfeng : Our investment team is there to negotiate Yingli Green Energy Holding Co., Ltd. invested 174 million yuan of solar photovoltaic power plant project and beads Haimai Xing Technology Co., Ltd. invested 50 million yuan automation of environmental protection equipment manufacturing project , at present, to discuss these two projects progress.

Positioning the county on the rare earth industry , Li Wenfeng believes county government "on the main industry to promote the revitalization and development of XUNWU views" has made it clear , it is to fight the county 's rare earth industry to support the county 's economic development pillar industries, to me County to fight the national rare earth permanent magnet materials industry base . He also hope that we are actively involved in the introduction of the rare earth industry projects jointly support the development of rare earth industry .


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Rare earth industry goodbye to a "quota era"

Recently, China has rare earth WTO dispute first instance " losing " appeal , the rare earth industry goodbye to a "quota era" almost a foregone conclusion . However, industry experts, this result or the rare earth industry market Forced speed the process .

The end of March this year, the WTO ruled that China's rare earth export management measures and other related violations . April 25 , China thereon to the WTO Appellate Body AppellateBody submit the appeal documents. In the industry view , China lost almost become inevitable. This also means that China 's rare earth industry will bid farewell to its well-established export quota management.

But industry experts also said that open the door to greet the upcoming international competition China rare earth industry, deregulation or Forced accelerate their speed to market.

In fact , in order to adapt to changes in the market environment, the rare earth industry has already started early internal integration , including the construction of the Exchange platform. January 4 this year , as the territory 's first place of rare earth products specializing in electronic trading spot , south Exchange of rare earth products in Guangdong Ping Yuan Trading Center officially opened operations.

According to the person in charge Wu Haiming introduced Rare South Exchange Trading Center is an open platform , custodian bank funds after investors signed an agreement can be accessed directly by clients of rare earth products and participate in the transaction . On this platform , has become the norm of rare earth oxides , securitization, electronic, circulation of goods monetization , and is expected to become the gold , silver and a variety of international investment .

Wu Haiming said, with the establishment of rare earth trade centers , rare earth products from simple industrial investment goods become . Its low investment threshold help to mobilize private capital to participate in purchasing and storage . At the same time , more rare earth production companies and companies involved in downstream smelting separation will also greatly facilitate the sale of rare earth products and mobile . Investment inflows expected to form from prospecting , mining , smelting , processing to recycling orderly rationalization of the rare earth market .

It is reported that Baotou Rare Earth Products Exchange also on March 28, 2014 opening. Insiders said that the two largest trading center for rare earth products have been put into operation, or bring trading opportunities for rare earth products . Data show that , after a sustained decline in the fourth quarter of 2013 , the level of the bottom of the rare-earth prices have nearly mid-2013 period. Under the future is expected to increase in the rare earth purchasing and storage , as well as relevant national policies to support the background , rare earth prices are expected to steady rising .

It is worth noting that, in addition to investment capital, "relaxation " after the rare earth industry for industry investors also had a great attraction . Some experts expect that the time is ripe , "rare earth industry funds ," "rare earth deep processing industry" , " rare earth products trading ," " Rare finance" is expected to focus on the wave of strikes and other investments .


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Mention the protection of rare earth resources tax is wonderful chess

China Rare Earth face WTO litigation , the status of rare earth export tariffs will be partially canceled , the state of rare earth regulation and integration efforts will again increase . It is reported that the National Tax Administration , Ministry of Industry , the Ministry of Finance is working on rare earth resources brewing once again raise taxes , rare earth resource tax could significantly increase the existing standard , based on the specific proportion is still under discussion .

Earlier WTO panel ruled that Chinese exports of rare earth export taxes imposed , control measures violate WTO rules , and can not be proved to be necessary means to protect the resources, but also means that the protection of the resources of non-compliance . They believe China by raising tariffs and quotas of rare earth export controls, limited only by the supply of rare earths abroad , without limitation domestic consumption of rare earths , government intervention is not appropriate , then sentenced to China lost. Domestic experts believe that the possibility of China this judgment " comeback " is very small. This means that in the future China is difficult to protect rare earth resources and protect the environment through measures of export taxes and quotas regulation.

But China 's rare earth resources and environmental protection is still grim.

It is understood that China has more than 200 various types of rare earth production companies , mostly small businesses , only more than 20 backbone enterprises , industry concentration is low . The U.S. rare earth industry only two companies , the only one in France . China 's rare earth industry "small scattered poor" , resulting in waste of resources and market confusion. Currently the state-owned domestic rare earth mining resource recovery is generally 60 percent of private mining resource recovery generally less than 40 %. Our unique ionic rare earth mine in the south , are rare in the world , the limited reserves of heavy rare earth resources , the current average utilization rate of only 20 % -50 %. Rare product oversupply , lower prices among competing companies , resulting in a large number of cheap exports of rare earth , smuggling and sale of a large number of cases even exist.

Improve rare earth resources tax to enhance domestic and international market prices of rare earths from the source , so that reflect the environmental costs of scarcity and exploitation of resources, and changes in supply and demand through price increases , effectively reduce smuggling and other countries to buy hoarding rare phenomenon , while helping to reduce lost because of WTO on China's rare earth managed to bring negative effects.

Previously , in order to circumvent the export quota control , some developed countries, large-scale investment companies set up factories in China's rare earth resources area , Inner Mongolia, only there are nearly 10 foreign-owned factories . Buying a lot of these companies in the local raw materials and rare earth metals, simple processing after shipped abroad for further processing or reserves. Foreign companies to get primary products , value-added products 10 -fold purification. Japan, Europe and spotted the cheap " Chinese goods " and even sealed their mines , by buying Chinese rare earth industry and meet the needs of its cutting-edge technology in the field of rare earth resources. Quotas of rare earth products to some extent on the implementation of the already sidelined .

In high export tariffs and quota control , the presence of domestic rare earth prices huge spread, causing rampant smuggling . It is estimated that in 2009 China's rare earth smuggled more than 20,000 tons , accounting for the actual export volume of 1 /3. Lack of rare earth resources, rare earth products imported from Japan, the main country, in the rare earth export quotas gradually reduced, some large Japanese companies rely on smuggling to meet the needs of about 1 /4 . If substantial increase in resources tax , raise production costs, forcing companies to raise prices , it can better eliminate spread abroad , suppress smuggling prevalent.


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Rare earth prices have been close to the bottom level

For a long time , China's rare earth resources due to various reasons has been used as a large-scale sale of cabbage . According to statistics , China's rare earth reserves remaining 27 million tons , accounting for more than the past down from the current 70 % to 30% of total world reserves . At the current production rate , China's medium and heavy rare earth reserves only class for 15 to 20 years , the future is likely to require expensive imports . To this end, our country has taken a number of policy measures. In 2007, China began to implement mandatory plan for rare earth production and decreasing export quotas to limit exports of rare earths , and improve individual rare earth export tariffs from 2011 onwards, in order to better protect the resource , in April 2011 for the first time a substantial increase in the rare earth resource tax. Learned that in 2011 , the Ministry of Finance , State Administration of Taxation issued a notice for the first time , the decision since the year April 1 , uniform adjustment of rare earth mineral ore resources tax rate increases of more than 10 times . Rare earth resources tax was adjusted as follows: light rare earths including bastnaesite , monazite , 60 yuan / ton ; heavy rare earth including xenotime , ionic rare earth mine, 30 yuan / ton. However, faced with rare defeat WTO litigation , some rare earth export tariffs had to be canceled .

To this end, the relevant state departments are working to improve the brewing again rare earth resources tax , internal regulation of rare earth industry means overweight . Improve rare earth resource tax is seen as many people in the industry is an important means to control the rare earth industry. The authorities admitted that improve rare earth resource tax rate , improve the market price of rare earths from the source , so that reflects the scarcity and environmental costs of mining resources and changing supply and demand through price increases , effectively reduce smuggling and other countries to buy hoarding rare phenomenon , while helping to reduce the negative effects of losing because of WTO on China's rare earth management brings .

Statistics show that , after a prolonged decline in the fourth quarter of 2013 , rare earth prices have been close to the level in mid-2013 when the bottom . In the main producing areas of Baotou Rare Earth , for example, rare earth enterprises above the scale of the city's existing 34 , January-March operating rate of 91.2% , the sales revenue 1.81 billion yuan , down 25.3% ; profit only 210 million yuan , down 4.7% , from the export situation, the rare earth industry export delivery value of 31 million yuan , down 47.2 percent . Learned , with a large group of rare earth mining rights will take precedence benefit , including Baotou Steel Rare Earth , Xiamen Tungsten , Minmetals Rare , Rising colored , Chinalco and Ganzhou Rare Earth .

There are indications that , through taxation to highlight the scarcity of rare earths is imminent . Centre for European Economic Research said until 2020 China will remain a monopoly in the field of heavy rare earths . Currently, about 90 percent of the world's rare earth products still come from China . " Global demand for Chinese rare earths could ' comeback ', especially after the abolition of tariffs , only through internal regulation to protect valuable rare earth resources. " Industry analysts pointed out .


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May 21, 2014 market price of rare earth market

Incompetent due to demand , continuing weakness in the rare earth market today unchanged . On the one hand , the overall operating rate continues to remain low , but also because the downstream aspects of procurement plans sentiment doctrinal outlook is uncertain , the overall market -based transaction prices steady .

Dysprosium oxide mainstream manufacturers tax 165-170 yuan / ton, dysprosium iron mainstream manufacturers tax price 170-175 yuan / ton.

Praseodymium oxide mainstream manufacturers tax price 570,000-580,000 yuan / ton. Neodymium oxide 320,000-325,000 yuan / ton.

Lanthanum oxide manufacturers tax price 18,500-19,500 yuan / ton. Cerium oxide mainstream manufacturers tax price 19,500-20,500 yuan / ton.

Neodymium oxide, praseodymium mainstream manufacturers tax price 325,000-330,000 yuan / ton , praseodymium , neodymium metal mainstream manufacturers tax price 410,000-420,000 yuan / ton.

Fluorescent europium oxide mainstream manufacturers tax price 3,800-4,000 yuan / kg. Terbium oxide phosphor grade mainstream manufacturers tax price 3,000-3,200 yuan / kg.


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Most difficult steady downward price of rare earth products

Part of oxides of rare earth market prices continue to fall , the market is still deserted . Market competition in the large rare earth supply-side , demand and poor , businesses have shipping prices , profits are dwindling . Praseodymium neodymium products, currently with votes and with no overall ticket prices slightly down, according to the manufacturers said Baotou praseodymium neodymium metal is now without a ticket from 355,000 yuan / ton down to 352,000 yuan / ton, praseodymium , neodymium oxide with no votes from Last week's 285,000 fell to 28 yuan / ton. It is now part of Ganzhou suppliers understand now praseodymium neodymium oxide, praseodymium and neodymium metal band slightly lower ticket prices $ 5,000 / ton.

Dysprosium products market, dysprosium oxide and dysprosium iron prices have difficult firm, dysprosium oxide prices began falling recently , traders said Ganzhou area with ticket prices have gradually reduced from 1.7 million yuan / ton to 168 yuan / ton, while has now dropped to 1.63 million yuan / ton, dysprosium iron also lowered twice , is now 173 yuan / ton, while the price is still better than some businesses offer higher.

In addition , lanthanum , cerium, neodymium , erbium oxide market , despite the current prices have been relatively low , the mainstream market is still increasingly downward. According to the manufacturers of Baotou reflect , lanthanum, cerium oxide is now 19,000 / ton ship can profit further compressed . Erbium, neodymium oxide prices were relatively stable or slightly down last week quoted $ 5,000 / ton, the market downturn continued .


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Chinese Rare Earth Case of Hope And Anxiety Exist:There Battle with The United States,Japan And Europe

 
 

March 2014 , WTO panel report released U.S., EU , Japan and other members of the party complained Chinese exports of rare earth tungsten and molybdenum - Measures ( referred to as " rare case" ) .

The report said that the Chinese government adopted a series of measures to limit the export of these products in violation of WTO rules should be amended to conform to WTO rules . In this regard, the Chinese side expressed regret and has recently decided to appeal the panel report in relation to the WTO Appellate Body .

WTO Panel sure I protect the environment and resources, but I recognized export restrictions.

In recent years , Chinese government for the purpose of protecting the environment and exhaustible domestic resources have been put forward a series of measures to limit the export of raw materials such as rare earth , which caused the United States, Europe , and Japan , as rare as a strategic resource and long tradition imported from China "big " their dissatisfaction. But in fact, rare earth resources in China have not rich , but it has long been the world's largest rare earth export country .

With the rapid development of high-tech industries , global demand and rapid growth in the consumption of rare earths . Rare earth resources are non-renewable mineral resources , due to the large number of years , disorderly exploitation , China 's rare earth resources are on the verge of exhaustion . On the other hand , rare earth production, processing a tremendous impact on the ecological environment , environmental pollution caused by its mining more serious . Seen, to some extent, limit exports of rare earths will undoubtedly help to curb the momentum of China 's rare earth mining , consistent with the policy goals of sustainable development.

Many people do not understand , is this a very proper measures are WTO panel did not get recognized , but the judgment against the Chinese ? Some people ask, Does the Chinese government must sacrifice their own resources and the environment to maintain a large number of exports to developed countries do ? For China, this is fair?

In fact , just read the panel report , it is not difficult to find , WTO Expert Group did not identify the Chinese government restrictions on the export of raw materials and rare earth purpose is wrong, not only that, the expert group on the Chinese side to protect exhaustible resources and the environment in mind to be sure that this is not only consistent with the objectives of sustainable development pursued by the WTO , but also China has sovereign rights to manage natural resources. Unfortunately , the Group believes that some restrictions on the export of measures taken by the Chinese side did not achieve the above objective , for some reasonable evidence and views put forward by China were not admissible . Especially in the export tax measures , despite an expert group members supported the Chinese point of view , but in the end the Group of Experts still believe that China is not entitled to invoke GATT Article 20 , " General Exceptions " clause of China 's export tax take defense .

Appeal to The WTO Appellate Body : Hope And Anxiety Coexist

On appeal , we should carefully analyze the report of the Group , on this basis, the full use of WTO rules and construed in accordance with the law argue utmost to strive for the success of the appeal .

In accordance with WTO rules , the Appellate Body only appeal to review the legal issues of the case , therefore , the ability to use the rule of law , the ability to explain the success of the appeal is crucial . Now it seems that the final result for the appeal , the hopes and fears coexist.

On the one hand , the export tax, an expert group members as well as Russia , Brazil , Argentina and other members of the party 's support for China -related positions so that we see the hope . In the case hearing , the experts believe that , starting from the integrity and overall perspective of interpretation of the WTO Agreement , together with the Chinese side should enjoy the " general exceptions " rights conferred by Article 20 of GATT on the export tax issue with the WTO members , the terms allows members to meet the statutory requirements under the premise of protecting the environment and exhaustible resources , the protection of human , animal and plant life and health and violate WTO rules.

Raw materials in China has been ruling in the case of WTO , WTO Expert Group based only on China ' accession to the Protocol , " the terms of Article 11.3 of export taxes , not identified on the Chinese side has no right to invoke GATT1994 advocate on the issue of export taxes GATT Article 20 ," General Exceptions " given rights, which China and other new members of the WTO is clearly unfair . To this end , the Chinese government and international law experts , scholars have been using a variety of occasions , actively using the theory of international law and WTO rules argue. The win support from an expert as well as a number of important WTO members , and indeed made ​​important progress .

But one can imagine , on this issue , the appeals process between China and the United States, Europe, Japan and the inevitably there will be a battle , we must be fully prepared for all aspects of the fight to change the position before the WTO Appellate Body held , China is in favor of the right to invoke GATT Article 20 , " general Exceptions " in terms of export taxes .

In addition, the Group of Experts to ignore certain evidence submitted by the Chinese as well as efforts to protect the environment and exhaustible resources, especially that the Chinese government take to limit the number of rare earth and other views licenses and other export restrictions and WTO rules we should further explain and defend to the Appellate Body .

Of course , from a previous judicial practice WTO Appellate Body ruling to overturn the possibility of the Group of Experts was not great, which is why we worry for the outcome of the appeal . But even so, should not be shaken, even give up fighting for the rights of determination and confidence , because , after all, is an important opportunity to appeal to reiterate our views and positions .

We should also re-examine the execution and implementation of policy measures.

Meanwhile , at home, our government departments and local should urgently re-examine whether there are areas for improvement restrict the export of rare earth and other raw materials and concrete implementation of policies and measures to implement the process .

For example , in accordance with the requirements of the WTO rules and the " principle of good faith " in international law , at the same time should also restrict the export restrictions on domestic production and consumption , export restrictions , if on the one hand , while on the other hand the domestic production and consumption is increasing , which International trade will form a " arbitrary, disguised discrimination ," which is not allowed by WTO rules .

In particular it should be noted that, after the central government has formulated policies , some local governments and enterprises only their own petty , openly or covertly continuing large number of mining rare earths , the so-called "policies , under the measures ." This is not only with the national environmental protection efforts and contrary to the relevant decision-making , but also invited heavy criticism , be evidence of another attack China 's rare earth policy.

In addition, to implement the protection of the environment and exhaustible resources policy, between the central government departments, relevant policies and measures between central and local government should further be coordinated , absolutely avoid fragmented, inconsistent rulemaking situation . This is the uniform implementation of WTO agreements and the principle of transparency requires members to assume the obligations in this regard , we have a lot of work to do .

In short, the rare case gives us a lot of inspiration and reflection , hope and worry exist , but for our future development of environmental policy and legislation to promote scientific, fine, unification is concerned , is not a bad thing.


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