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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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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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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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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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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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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Currently most of the rare earth market price low volatility , such as lanthanum , cerium, yttrium although the number of transactions compared to other oxides look bigger, but price is low, the supply is excessive, long-term expectations is difficult to look good. Praseodymium , neodymium magnetic products are mainly used in demand relative to other praseodymium , neodymium , europium, terbium oxide is also good , but the price is now deadlocked , there are downside pressure. Currently businesses generally reflect the decline in value of dysprosium products , the downward trend has been more pronounced.

Lanthanum, cerium oxide market , price fluctuations have been smaller , Baotou and Ganzhou 3N of the supplier of lanthanum , cerium oxide prices have been at around 20,000 yuan / ton slight fluctuations in price can be slightly cheaper if large 500-1000 yuan / ton. Because the current price of the basic position has been in the doldrums , the business has admitted the possibility of a slight decline , but fell sharply more difficult , because the profits are already low transaction .

Praseodymium neodymium products, metals and oxides present stable price or slightly pulled back slightly , the metal mainstream offer temporary concentrated in 415,000 yuan / ton, the weekly current recall 420,000 415,000 yuan / ton. According to a supplier Ganzhou reflect the magnitude of price change now are not too large, too low 410,000 or less may not be someone out , too high and sell. Neodymium oxide, praseodymium similar situation , the current reference price in the business to 32.5-33 yuan / ton.

Dysprosium products, feedback from the business point of view price 170 yuan / ton and above the high price decrease , the overall price down sign , dysprosium oxide market is currently about 1.65 million yuan with votes / tonne , dysprosium iron slightly higher 3 - 40,000 yuan / ton. Since this year the industry will have to reflect the business needs of dysprosium relative decrease in the previous two years , if there is no demand for the development of other , related products dysprosium prices are still likely to fall sharply .


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Rare WTO litigation face defeat , some rare earth export tariffs on the status quo will be canceled , the state regulation and integration efforts of rare earth again tightened. Recently, this reporter was informed from the authorities , the relevant departments are working to improve the brewing again rare earth resources tax , internal regulation of rare earth industry means overweight .

" State Administration of Taxation , the Ministry of Finance and other ministries are being discussed and the pipeline, estimates the introduction of the second half. "the source said, according to the current situation , it may be a substantial increase of rare earth resource tax in the current standard , based on the specific proportion is still under discussion .

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 to reporters , rare earth resources to improve the tax rate , to enhance 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 State purchase of hoarding rare phenomenon , while helping to reduce lost because of WTO on China's rare earth managed to bring negative effects.

In fact , they are taken to change the rare large-scale sale of cabbage situation 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. Reporters 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 rare earth ores 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.

"Once the resource tax rose sharply again , the cost of business will be more high . " One of the rare earth industry veteran ," said Economic Information Daily " reporters . On the other hand , a substantial increase in resources tax , indicating that the government is to take further measures to strictly control the rare earth resources , in this case , there may be higher rare earth prices .

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, the city's more than 34 existing scale rare earth enterprises , January-March operating rate of 91.2% , the sales revenue 1.81 billion yuan , down 25.3% ; profits only 2 . 100 million yuan , down 4.7% from the export situation, the rare earth industry export delivery value of 31 million yuan , down 47.2 percent . Reporters learned that , 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 .

It is worth noting that, due to the global economic downturn coupled with reduced Chinese demand for rare earth , rare earth prices plummeted , while reducing the opening of the new foreign mining point of pressure. According to foreign media reports, although the United States has once again enabled molybdenite an old Mountain Pass mine in California , Malaysia, from a year ago to buy rare earths from Australia , geologists discovered over the past few years are also hundreds of new deposits in the world However, the construction of new mining point outside China enthusiasm has been significantly weakened.

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 . 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 , is likely to be imported in the future.


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In recent years, Baotou Steel Rare Earth in vigorously promoting the " three centralized " project , while the rare earth industry put forward innovative zero discharge of wastewater business goals, is of great significance , is also a very difficult task .

In terms of rare earth " three wastes" policy research, basic technology research Baotou Rare Earth Research Institute environmental chamber , "three centralized " project has done a lot of work . However, the high salinity wastewater rare earth smelting separation process produces a large number of ( transformation of wastewater, waste salt precipitation were higher than 3% ) is never cost-effective approach.

Recently, the Baotou Rare Earth Research Institute of Leadership and Environmental Laboratory Fluid Technology Co., Ltd. Beijing think to go to a technical staff located in Ordos City of Inner Mongolia Yitai Zhungeer Xuejiawan Coal Liquefaction Co., Ltd. , visit wastewater evaporation device applications situation .

Evaporation ponds - atomized water evaporation is increased in the conventional atomizing spraying device based on the evaporation pond , water will evaporate again in the atomized spray pond , compared with the conventional evaporation ponds evaporation efficiency can be increased 14 times . The technology has evaporated fast, low- cost tons of water treatment equipment clogging, operation and maintenance simple. This technology products for more than ten years of experience in industrial applications , the technology is mature abroad. 2013 onwards in the domestic promotion . Yitai Coal Liquefaction Company , application of this technology evaporating water ( the company with rare earth smelting enterprises wastewater effluent is similar , with a high salt containing ammonia , COD content and high ) recovery of salt, as the country's first case of industrial applications , running well . After Beijing think Fluid Technology Co. technicians preliminary accounting , evaporation ponds - atomized water evaporation processing of rare earth , with an average consumption of about 4 tons of water evaporate 1 kWh of electricity , equivalent to running costs about 2 yuan / ton waste . Baotou Rare Earth , compared with the current wastewater enterprise wide application of three -effect evaporation technique , the evaporation efficiency is greatly improved , operating costs can be reduced by 100 times. However, the evaporation pond - atomization evaporation technology to promote enterprise in Baotou Rare Earth , there are still shortcomings of its footprint is too large evaporation ponds . To produce 6,000 cubic meters of wastewater per day in transition , 3400 cubic meters of wastewater precipitation gauge, designed evaporation pond area of ​​approximately 352,500 square meters .

Currently, the Baotou Rare Earth Research Institute positive environmental chamber magnesium soap restructuring wastewater, cerium carbonate precipitation supernatant two kinds of wastewater treatment target , and Fluid Technology Co., Ltd. Beijing think further explore the rare high- salt wastewater evaporation ponds - atomization evaporation scheme . More accurate data in order to get water and reduce evaporation pond footprint solution will provide a viable technical solution for the Baotou Rare Earth and Rare Earth to try to resolve problems encountered in high-salt wastewater treatment currently .


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May 20, 2014 Price of rare earth products

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