Along with China become the world 's largest trading nation , we have encountered in the international market by the trade friction in previous years mainly in the "access" part gradually expanded to the "quasi- out " link. March 27 , WTO confirmed that China's rare earth export tariffs and inconsistent with China's WTO accession signed by the relevant provisions of the Protocol , the Chinese export quotas on the product concerned does not comply with the rules set " 1994 General Agreement on Tariffs and Trade ." . While there are opportunities for Chinese complaint within 60 days , but on the rare opportunity also exists only in the case comeback " theory ."

On the rare case, since it is basically a foregone conclusion since losing total to eat a cutting wisdom . According to the views of many people in the rare case of " Live and learn " is no doubt that China lost pricing power in the international market , leading to the rare earth in the international market sold more cheap , and ultimately sold the loess rare earth prices . This view seems plausible , but somewhat superficial . In fact , this time losing in the rare case it is precisely within the constraints of the existing international trade rules , we compete for rare earth pricing efforts suffered a strong blocking EU, U.S. , Japan and other trading partners.

Some might say , why let China accounts for about 23 percent of the world's reserves of rare earths to supply 90% of the international market . Who is not? And what can it tell us? In today's international division of labor , which the State only for the domestic industry producing ? America is not the case , at least the production of Boeing aircraft sold to American Airlines just right . Apple phone is there worldwide. China is more than this , from shoes, clothing , household appliances, to steel, photovoltaic, many industries are inseparable from the international market. So, take the ratio of reserves described can not explain the gap between supply ratio problem . At least, in the rare case of failure to appeal , " Live and learn ," the focus is not on here. However , for a point of view, as a non-renewable resource commodities , development and utilization of rare earth resources, not only to emphasize sustainability, but also pay attention to the over-exploitation of rare earth resources caused damage to the ecological environment . For this reason , in recent years the Chinese government has taken a series of measures to strengthen the management of rare earth exports , including a quota system introduced from 2003 for rare earth exports starting in 2005 abolished the rare earth export tax rebates, the compression in 2005 export quotas business places , from November 1, 2006 rare earth export tariffs imposed .

It stands to reason , to protect the ecological environment and appropriate restrictions on exports of rare earths of the blame . Although the WTO prohibits export restrictions , but there are also for the conservation of exhaustible natural resources exceptions . However , the WTO believes that the conservation of exhaustible natural resources and limitations of such measures in the domestic production or consumption with the implementation , it is not in violation of WTO rules, and China in the limit "quasi- out ", but did not carry out the domestic the same restrictions. In fact , this is precisely China 's " soft underbelly ." In the extensive mode of economic development , the domestic rare earth resources for use efficiency is not high . If the peer set limits not only the domestic rare earth industry to seek a way out of a problem, but domestic pressure downstream industries are too large.

To be honest, though we be modest restrictions on exports of rare earths , but did not take the jammed supply the international market. In fact, China 's rare earth export quota of 80% of the amount in accordance with the design of the world , and rare earth export quotas in recent years have not been exhausted . So why Europe and America should do this complain to the WTO ? Obviously , that is, to the " loess price" buy rare earths. In fact, the 2010 rare earth export quota cuts largely contribute to the achievement of China's rare earth export prices bottoming out of . Since July 2010 , China's rare earth prices began to rise, which in early 2012 the average rose more than 200%. However, we knew that, but it can not effectively defend their rights under existing international trade rules . If in the rare case of losing the issue , " Live and learn ," then this " cutting " is that we do reasonably been arbitrarily considered substandard WTO 's " regulation ."

For rare cases lost, we in the " Live and learn ", the only " wit " is not enough , the need in many respects "long wisdom ."

On the one hand , the demands from our inner terms should not be used as the only means of limiting exports of rare earths . For some places , the rare earth mining in large part to bring jobs and tax revenue. If substantially reduce the size of the rare earth mining , the subsequent impact can not be ignored , such as local economic development will not be a drag ? There is no substitute for the rare earth mining industry ? How to properly relocated labor ? Clearly, the country with various departments also need to come up with a similar problem practical package solution . For example , in the mining areas of compressive scale mining of rare earth related downstream industries brought . Again , starting from the perspective of a comprehensive governance , to environmental protection, industry access management , develop policies and regulations , industrial restructuring and other aspects of the work to be integrated to build pressure to break impasse RE -sharing system from the supply source. If the rare case against us , " a lesson " , should include at least the "wisdom "

On the other hand , the external demands from our point of view, the relevant WTO rules we still have to abide by , but we have to comply with WTO rules and not just a Chinese thing. In the " quasi- out " link, European countries handicapping example there? So far , the United States not only to maintain the restrictions on exports to China of high-tech products , but do not let the EU's output of high-tech products , on the grounds that these products may be used for military purposes. We export of rare earth resources are a strategic resource , and many high-tech military products are inseparable from the rare earths. For some countries restrict exports of high-tech products , we can consider a " non- bona fide " behavior. That being the case , we are of rare earth exports to those countries that have a say ? In fact, the "quasi- out " case , the WTO is often people do not move, officials do not study . We do not say goodbye to people , and once people tell us that we are not even a bargaining chip . In this respect, still need " a lesson ."


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Recently, the Ministry of Commerce held a press conference , spokesman Shen Danyang said China's decision on cross- appeal case of China's rare earth export policy to WTO dispute settlement body .

Establish a strategic resource management system

Department of Commerce International Trade and Economic Cooperation Research Institute researcher Jinbo Song said China's presence in the institutional aspects of the introduction of comprehensive enough rare earths and other issues , the need for further reforms. China as the world's largest trading nation , should establish a positive image for the maintenance of international rules , international responsibility to maintain a clear understanding , in accordance with international rules . Based on our current urgent need to establish a national security , economic security, rare earth and other " strategic resource management system ," and this must be an international rule , largely in line with WTO rules system .

Jinbo Song for " strategic resource management system" made ​​a further explanation. He said that this is a package of export controls, strategic resources archive , corporate centralization mining, smelting , refining , industrial development and manufacture of high-tech materials to build sales market order and establish a global trading center market , denominated in RMB and a 24-hour spot and futures trading , fulfilling the highest administrative approval procedures discriminate international partners hierarchy . Establish and improve this system , not only can protect and make good use of our precious resources , the development of domestic high-tech materials industry , important for the future development of China's military and civilian industries leave some leeway , you can establish with the United States , Japan, Europe and so on and so on , flexible, differentiated partnership.

China trade, " far" and "near "

Rare lawsuit hustle for a long time , losing to China 's ended. March 26 WTO panel report released ruled export tariffs on Chinese rare earths, tungsten, molybdenum related products taken quota management measures violate WTO regulations . Coincidentally, just three months ago of $ 4.16 trillion in 2013 the total import and export of goods achievements won the title of world trade superpower . Between a happy one sad , get a glimpse of China in the field of trade and the world stage "near " and "far ."

As a budding world trading power , our country in the international arena growing influence . However, as a World Trade Organization Organization 13 years of emerging and developing countries , the international trade arena rules of the game , not yet familiar with the ease of point .

In Jinbo Song seems to be widely used rare earth laser , solar power, electric cars , smart phones, and weapons manufacturing . At present, China is the world 's largest rare earth refining , processing and exporting countries . Rightfully should stick to our commitments to the World Trade Organization , which insists on WTO rules. There are exceptions to the WTO principle of security , leading the United States pursuant to the Convention signed the Wassenaar participating countries to implement export controls on China openly , explicitly prohibits exports to China . Granted pursuant to our country can fulfill the Wassenaar Convention, such as the United States, Japan and other countries to implement export control regime. " Unfortunately, we do not improve this system. Another example is the U.S. strategy for archiving can be implemented , the strategy of course also be archived on the implementation of strategic resources . " Jinbo Song said .

For our country to the WTO dispute settlement mechanism proposed cross- appeal , Jinbo Song analysts believe that the Chinese apply for the second trial , the second trial on the conclusion does not rule out some adjustments.

" cards " need to comply with international rules

Jinbo Song stressed that the domestic rare earth industry needs to clear three principles , in accordance with international rules , " the cards ."

First, a clear ownership of resources . All foreign mineral resources are privately owned , the ownership of clarity . However , China's resource ownership is not clear , it should be clear ownership and exploitation rights and free enterprise resource holder the right to actively implement the principle of freedom of trade and investment with the relevant WTO rules .

The second is a strategic resource archive . Should learn to act in accordance with international rules . The United States currently no taxes on exports of rare earths , and we should not be taxed on the export of rare earths , the U.S. imposed sequestration strategy , we can implement strategies archived.

Third, the security principles . There are national security , economic security concept internationally. WTO believes that security policy is the exception. This principle is also applicable to China . China should set up a bill in view of national security , export controls on dual-use items . Wherever possible for resources , exports of military technology , including some of the rare earths can be used for military , our country can justifiably prohibit exports.

Jinbo Song said rare earth trade 80% -90 % of the world rely on China , so China should actively seek the right to speak Rare transaction . He also suggested that , first , the rare earth resources through fair trade , concentrated in a small number of enterprises ; Second, the Stock Exchange , the implementation of spot and futures trading 24 hours , the world contribute to the development of free trade ; Third , you can also consider using RMB, to promote cross-border trade in RMB .

" However , to achieve international discourse rare earth and other strategic resources transactions, the need to develop a set of supporting the program , which is not easy. " Jinbo Song says.


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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 Chinese government has taken 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 sentence against China ? Someone ask, Does the Chinese government must sacrifice their own resources and the environment to a large number of exports to developed countries to maintain it? It for China, the fair yet ?

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 provision 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 WTO has ruled in the case , WTO Experts Group based only on China ' s Protocol ' exit tax provisions Section 11.3 , did not identify the Chinese have no right to invoke GATT1994 advocate on GATT Article 20 on the export tax question " in general exceptions " rights conferred by this new member of the WTO , such as China is obviously 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 , this will form the international trade " 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 .


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At present, some of the most critical components of modern military hardware America depend entirely on the China rare earth. Laser and magnet world's most advanced weapon system in use is the rare earth metals from Chinese. For example, neodymium magnets are used to produce small missile fin system, smart bombs and satellite system, also used for hybrid power engine equipment production of naval ships in the magnet. Samarium element and cobalt mixed together, to tanks and “ aegis ” manufacturing level of ship navigation system. Ytterbium element is used in the manufacture of tanks and missile laser guidance system.

Although rare earth reserves Chinese accounted for 36% of the global total, but American reserves also many, holds 13% of global reserves, ranking the second place. However, USA found, its rivals are strict control of rare earth resources development of military need it.

In the past 10-20 years, need to USA sophisticated military system of raw materials and finished products can provide for oneself. But, then, main problems America producers is the home for commercial development, concentration of rare earth deposits can be very difficult to obtain. The rare earth elements made of metal and cause high-tech parts costs rising, so that the rare earth mining from USA to China.

Affected by the restrictions on exports of rare-earth minerals China, America Congress in 2010 September through the "revitalize the rare earth and key resources act", aims to promote re manufacturers domestic rare earth development and support local. After America, house and Senate passed the bill more. American hopes to promote American rare earth industry reconstruction has competitiveness through legislative means. America rare earth molybdenum company established suppliers (MolycorpInc. ) announced a few days ago, by the end of 2012, it is located in California rare earth mine annual production capacity increased to 20000 tons. The company also American Department of energy to apply for a loan.

However, American to revive the rare earth industry is not a cold day. America Congress's Government Accountability Office said in a statement, the establishment of a supply chain requires 15 years. And within a short period of time, American home can not be formed in refining and production of high-tech military hardware required magnets and other parts of the rare earth ability.


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