WTO announced the United States , European Union, Japan and other members of the party complained Chinese exports of rare earth tungsten and molybdenum - Measures ( referred to as: " rare case" ) panel report , the report says , the Chinese government adopted a series of measures to limit the export of these products violation of the 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 .

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 .

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 explanatory power is critical to the success of the appeal . 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.

The WTO has ruled in China - nine kinds of raw materials case , WTO Expert Group based only on China ' accession to the Protocol , " the terms of Article 11.3 of the export tax is not recognized on the Chinese side has no right to invoke GATT1994 advocate on the issue of export taxes GATT Article 20 " 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 , finally won the " rare case" in which an expert as well as a number of important WTO members support , 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, efforts to protect the environment and exhaustible resources expert group to ignore some of the evidence submitted by China and , in particular, 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 .

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 " petty " , openly or covertly continuing large number of mining rare earths , the so-called "policies , under measures " , not only with the efforts made ​​by the national environmental protection and related decisions contrary , 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 agreement obligations , which is uniform implementation of WTO and the principle of transparency requires members to bear , 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. Source: China Law Network


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World Trade Organization WTO announced the United States and Europe v. rare earths , tungsten, molybdenum export management measures related to the case of the panel report China , ruled the Chinese export management products involved violations.

This result should be able to expect. Two years ago, the WTO ruled that China's restrictions on including bauxite , coke, magnesium, manganese and zinc in the case of nine kinds of illegal export of raw materials , China has been foreshadowed in the case of rare earth export restrictions are also doomed fate.

The news , as usual, will be left to find reasons to prove , " China has always been right ," such as "Liberation Army Daily " published remarks as " double standards " , " bend the rules " , the official said that China 's foreign trade business to continue studies to assess . WTO regulations within sixty days to appeal . It is said that China respects ready to appeal , but we all know that completely overturned this ruling little chance of winning . In this regard, Chinese official sources quite indignant meaning.

China WTO ruling seems to feel aggrieved. First, China needs to import a lot of minerals, raw materials and other commodities from the international market . Whenever China needs these commodities , the rise in commodity prices has frequently , for example, when China to import large quantities of iron ore jumped up , China has no complaints , have not seen anything to come forward WTO ruling . Secondly, the reason for China to impose export taxes and export of rare earth export quotas limit its intention also to protect the environment and the conservation of exhaustible natural resources.

WTO ruling on China's rare earth export violations , mainly manifested in two aspects, one on a rare earth exports increased export taxes , and second only export a certain amount each year , which is the export quotas. And these two are all committed to the year when China joined the WTO.

In China's official view, if canceled rare earth export quotas and export taxes , the international market price of rare earth will certainly be down, and the reason why the U.S. and European Day against China 's rare earth export violations, is to buy at the lowest price of rare earth .

Destroy their WTO commitments into

Rare has " industrial vitamins ," said the missile is large , small chips to computers and mobile phones are indispensable raw materials . China has long been the world's rare earth reserves in Twenty three percent supply 90 percent of rare earth products to the international market. Deng had said: "The Middle East has oil , we have the rare earths ." However , China does not seem like a lot of oil reserves in the Middle East has a lot of that to make money .

There was a long period of Chinese rare earth mining disorder , resulting in the exploitation of rare earth resources, the local environment has been severely damaged . In both north and south China ─ ─ Inner Mongolia Baotou Rare Earth powerhouse and Ganzhou, Jiangxi , for example, due to indiscriminate Baotou cause water pollution, the threat of the Yellow River water quality and safety ; and Ganzhou Rare Earth cause indiscriminate source of Dongjiang department was severely damaged, preliminary estimates restore the ecological needs at least thirty-eight billion yuan . Any resource -rich regions of the world are overflowing with places that China was only left the region after the destruction of an ecosystem of rare earth indiscriminate . On the other hand , due to the rare disorder caused by indiscriminate export of cut-throat competition , the international price of rare earths was equivalent to loess, cabbage.

2005 ─ ─ 2008 , the Chinese government intervened in the . Government export taxes and reducing export quotas , not only improve the international price of rare earth , Chinese government earn some money , and in the second ○一○年embargo on rare earth mine in Japan . Chinese official about it in their own government intervention on the rare earth industry, serve, not only be harvested economically and politically in Japan can get one.

As everyone knows, this is a clear violation of the relevant provisions of the WTO and WTO commitments when China's own , destroy the Third Plenary Session of the 18th CCP keeps saying to strengthen market rules , and such a move also transfer those costs should have been borne mining responsibility of enterprises.

2011 China's State Council issued the " Opinions on Promoting the sustainable and healthy development of rare earth industry ," under the auspices of the Ministry of State , set up several large state-owned group specializing in rare earths , the basic form to large enterprises as the leading rare earth industry grid .

Thus , the phenomenon of low Luancai can stop rare earth industry , but its monopoly and "monopoly price" and inefficient enterprises almost impossible to avoid , and the power of the franchise is very easy to become right " rent-seeking" a . In particular, these central enterprises the power of our franchise come , not by management, technology has improved but the government mandate, how can they expect the future development of technology to improve the effectiveness of it?

Resource does not belong to state-owned sovereign franchise

In fact , WTO also focus on environmental protection and resource acknowledge the principle of sovereignty . In other words , WTO did not identify China 's rare earth export prices should be " loess price" , "cabbage price" , nor that the Chinese rare earth mining can not repair the damage to the local ecology or the local ecology to local sufficient compensation . WTO against the Chinese government in addition to just administrative intervention in commodity export duties and export quotas limit .

China 's rare earth, of course, belongs to China . But at a higher level use of resources on the planet also belongs to all mankind , just under the principle of sovereign resources , the need for equivalent exchange . In the context of economic globalization, the more necessary in the global exchange of equal freedom and equality .

In this sense , any enterprise under the premise of protecting the environment , after the purchase of the mining rights and pay full compensation to the local ecology of rare earth resources in the sovereign owner, has the right to exploit orderly trading rare earth mine , neither the Chinese government needs to levy export taxes , export quota system , but do not need the Chinese government has enacted several large state-owned enterprise specializing in China 's rare earth mine .

WTO to recognize China's sovereignty over China's rare earth resources , that is, all the Chinese people 's property. Today, the Chinese government side of the rare earth export levy taxes, export quotas , the other side is a state-owned enterprise specializing in the development of several domestic rare earth , quite a bit of resources to all the Chinese people 's sovereignty ─ ─ rare for himself and some few agents specializing in state-owned enterprises taste. But rather , the WTO ruling against the Chinese government under the auspices of the World Trade Order and Justice , but also speak up for the rights of ordinary Chinese people in China 's rare earth mine .

It should be said that China is in the process of economic globalization, the biggest benefit , China's accession to the WTO ten years, economic output doubled. However, " Liberation Army Daily " has boasted , WTO ruling against China's restrictions on exports of rare earths , is " Europe Day by the name of ' fairness ' , the abuse of the rules they led the development of " threatened to " how to better protect their own interests in international trade ." .

Now who can see , the WTO has been increasingly unable to meet immediate and future developments in the international trade , WTO Doha negotiations stalled on this point. The future of international trade on the implication in today's world of three ongoing negotiations , namely trans-Atlantic negotiations TTIP, Trans-Pacific Strategic Economic Partnership Agreement negotiations on TPP, and re- negotiate the rules of global trade in services TISA, as the world's largest trading nation the Chinese but was excluded from these three negotiations. China WTO rules are not even good faith compliance , then China 's international trade will have a future?


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In WTO (WTO) issued a report of the expert group on the export of rare earth Chinese dispute about a month later, the Appellate Body in April Chinese respondent 25 to WTO (Appellate Body) to submit the documents.

According to the WTO Appellate Body last Friday published documents, the expert group report more than 170 paragraphs to the contrary, that report misinterpreted WTO rules and China WTO documents, and demands the appellate body rejected the Chinese &ldquo expert group report; export quota & rdquo; illegal ruling.

China announced an appeal in April 17th. Earlier, one of the rare earth case prosecution American in 8 April, the Appellate Body appeal; the expert group in the ruling process on the evidence of the expressed dissatisfaction with.

This marks the concern of the Chinese rare earth export dispute case dispute settlement procedures in appeal procedure. Appeal only from legal interpretation angle put forward different views, not re examination, or open a new topic.

In accordance with the rules, the Appellate Body shall make a reply within 60 days, not more than 90 days time, support, modified or rejected expert group report. After that, the dispute settlement body must be accepted within 30 days, or reject the consensus based on the outcome of an appeal.

At present, the rare earth case of the other two prosecution the European Union and Japan have not followed American appeal.

WTO released report of the expert group on Chinese rare case in March 26th, to support the most litigation of America, Japan, three party requirements, also rejected part of the prosecution claims.

Think Chinese including 17 kinds of rare earth dispute settlement mechanism of the report of the expert group (rare earths) raw materials, tungsten (tungsten) and molybdenum (molybdenum) and imposed export restrictions violation.

These three kinds of export restrictions are: raw materials of rare earth on the various forms of export tariffs, export volume of a certain time to impose quotas, as well as the raw material export enterprises access to certain restrictions.

The final report are explained, China WTO documents promises to cancel these export tariffs, and these rare earth raw materials have not been included in Annex excluded; export quota settings for the target of industrial policy, rather than the “ ” objective; at the same time, the enterprises to export power limits in violation of WTO rules.

The expert group report was published, in Europe, America, parties to make a statement. America White House Trade Representative Office (USTR) believes that the U.S. won.

Chinese Ministry of Commerce Department of treaty and law day to say, expert group recognized China take on rare earth, tungsten, molybdenum comprehensive resources and environmental protection measures, rejected the EU enterprises export quotas for export performance of Mo “ ” requirements that discriminate against foreign companies, China appreciates.

The Commerce Department said, the panel ruled the Chinese product export tariffs, quotas and export quota allocation and management measures are not in conformity with the relevant WTO rules and China joined the WTO commitments, China regrets.

China believes that, in the increasingly serious resources and environmental pressures, Chinese government in recent years to strengthen and improve the high pollution, high energy consumption, resource consumption of products integrated management, “ these management measures in line with the goal of sustainable development WTO advocated by ”.

Makiyama Hiroshi, director of the ECIPE at trade issues (Hosuk Lee-Makiyama) on the twenty-first Century economic report reporter said: “ China's successful appeal the possibility is very small. ” Makiyama Hiroshi said, the central government to solve the environmental problems through the trade restriction measures, is not consistent with the rules of WTO.

According to industry organizations China Rare Earth Society website on April 24th to the Reuters data, rare earth exports to Japan in March USA and Chinese have growth, which increased 10.85% to beauty, to growing 38.21%.

Data shows, in France, Spain, Germany and Holland and other EU countries in rare earth exports also rose significantly, the United Kingdom, Austria and other countries dropped.


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May 5, 2014 Price of rare earth products

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The rare earth market stalemate, buying is still sparse, but rumors Shouchu or rare earth will in May 10-15 day start, vendors must be very price mentality, wait-and-see sentiment strong. At present, praseodymium and neodymium prices slightly upward, other prices steady.

Dysprosium oxide mainstream manufacturers including tax 160-165 yuan / ton, Dy Fe mainstream manufacturers including tax price 165-170 yuan / ton.

Praseodymium oxide mainstream manufacturers including tax price of 570000-580000 yuan / ton. Neodymium oxide 315000-325000 yuan / ton.

Lanthanum oxide manufacturers including tax price of 19000-20000 yuan / ton. Cerium oxide mainstream manufacturers including tax price of 20000-21000 yuan / ton.

Praseodymium neodymium oxide mainstream manufacturers including tax price of 325000-328000 yuan / ton, praseodymium and neodymium metal mainstream manufacturers including tax price of 415000-425000 yuan / ton.

Europium oxide of phosphor grade mainstream manufacturers including tax price 3950-4050 yuan / kg. Terbium oxide of phosphor grade mainstream manufacturers including tax price 3000-3200 yuan / kg.


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WTO announced the United States, European Union, Japan against China rare earth, tungsten, molybdenum export management measures related to the case of the panel report , ruled that the export control measures Chinese products involved violations. This means that China 's export quota management system over the years , or will be forced to cancel.

Face is likely to be canceled rare earth export quota management system , China 's rare earth companies ready yet ?

" According to regulations, upon receipt of the expert group report , there is a right of appeal , the appellate body will make a ruling within three months, within 60 days, so now is not the final case , the expert group is currently being studied law to make analysis to decide whether to appeal. " Deputy Director of the Department of Treaty and Law Department of Commerce Yang Guohua said .

Once abolish restrictions of rare earth export quota management , release of rare earth supply , get the current quota of rare earth enterprises is bound to increase competition , China's rare earth will it return to the " loess price" touting the situation?

Rare earth enterprises in Sichuan Sheng and Resources Holdings Co., Ltd. Deputy General Manager told , could increase competition for enterprises, rare earth products on various parameters indicators refinement requirements of different enterprises targeted products , in addition to even the elimination of export quota management system , there are export quality , product quality and other aspects of constraint , so customers will not change because of little benefit procurement object.

"Sheng and resources at the Ministry of Commerce issued the first batch of rare earth export quotas this year , access to more than 600 tons of export quotas , prices remained stable and the industry average . For effects may want to cancel the export quota management system of the enterprise , which depends on the specific customer relationships , not simply judge. "These Sheng and resources secretaries said.

In addition, he also said that the country 's rare earth industry in 2012 and 2013 are not completely finished using export quotas.

Statistics show that the total 2013 export quota of 24,000 tons of rare earth (equivalent to the physical volume of 31,000 tons ) , the annual quota of rare earth products actual physical volume of exports 22,900 tons , an increase of 36.3% , exports amounted $ 603 million .

Du Baichuan of rare earth industry analysts said the downturn in recent years due to lower demand for rare earths , the actual export volume has been far below the export quotas, export quotas practical significance has little importance is gradually reduced.

Du Baichuan also said that the light rare earths worldwide are abundant, and more scarce heavy rare earth , Chinese light rare earth exports proper release is possible , should focus on the protection of the heavy rare earths . Moreover, even if forced to cancel the export quotas , customs can also increase the limit ; Meanwhile, the domestic regulation of rare earth enterprises have gradually improved, such as the current national authorities to implement the rare earth industry, invoices, certificates of rare earth mineral rights management and other measures.

Need to speed up the integration of rare earth

Whether the WTO ruling will be appealed , deputy secretary general of China Rare Earth Industry Association陈占恒newspaper that is currently in the analysis phase of the panel report , comments , " In the absence of full interpretation, complete analysis , published and immature, but will soon be concluded . "

However, industry analysts believe that the possibility of changing the ruling is unlikely.

CPPCC National Committee, China Academy of Engineering , president of the China Rare Earth Industry Association Gan Yong early March , said in an interview , "and the WTO rare earths very grim situation facing lawsuit , WTO has given us the right to appeal , but from the results, there is almost a role in delaying the execution time . "

But the WTO panel report released the same day , the aluminum Rare Ltd. in Sichuan Liangshan , Sichuan Dechang proclaimed , Chinalco 's rare earth industry consolidation platform - China Rare Earth Rare led Leshan Sheng and RE shareholder Representative corporation , utilization of Mineral Resources Chinese Academy of Geological Sciences Institute , Institute of Rare Earth new Materials Co., Ltd., Sichuan Han Xin Mining development Co. , DeChangXian owned Assets Management Co. , Ltd. and other signed agreements.

Ministry of Industry and Information Technology Division inspectors raw materials , rare earth JiaYinSong Office on the day of the meeting , said Chinalco Sichuan State Council meeting clearly lead the integration of rare earth enterprises, RE integration and the formation of working group set up six large deviation must not be allowed rare premise enterprise group .

In fact , the industry believes that China is speeding up the integration of the results of rare earth in order to hedge against possible in recent years.

State Ministry in early January of this year, the meeting proposed that key support Baotou Steel Group , China Minmetals , Chinalco , Guangdong earth, Ganzhou Rare Earth and Xiamen Tungsten , respectively, led to promote mergers and acquisitions, formation of large rare earth enterprise groups. But the process has not been easy , game six of the Group are integrated with local governments and enterprises abound.

Baotou Steel Rare Earth as though it clear that the establishment of the North will lead the integration of the rare earth group, but at the beginning of this year , " the integration and restructuring agreement ", the number of companies involved in reorganization has dropped nine of 12 , Baotou Steel Rare Earth did not complete the encirclement .

In addition, Guangdong Rare Earth Group , and Guangdong Rising Nonferrous rare earth belong Rising Assets Management Co., a subsidiary of the two sides is associated enterprises. In accordance with the Commission 's restrictions on competition within the industry , which is bound to have one of the two companies make a " sacrifice" , the transfer of its rare earth business .

Industry analysts believe that , from the current situation, the integration of a large group of rare earth has not been completed , such as maintaining the " verdict " , China is in urgent need time to accelerate the pace of integration of a large group of rare earth .

The real risk

"In fact, the rare earth industry is currently in oversupply situation , downstream demand has weakened rare earth , rare earth prices have been low, even if the elimination of export quota management system , companies bidding space is small, the worry is not the key to the bid . " Du Baichuan for representation.

He said that the main problem is the rare earth smelting industry overcapacity and a separate set of mining, production, circulation , smuggling as one of the chain of black interests have not been eliminated , and the resulting decline in prices of rare earth products , rare serious business losses .

Finishing found , in the rare earth group responsible for the integration of several major companies, its performance last year are not ideal. Rising Nonferrous which the reporting period, operating income of about 1.6 billion , down 32.77% : net loss of 109 million , up 365 percent fell sharply .

The report analyzes revenue up colored Rising rare earth and related products decreased by 802.71 million yuan , of which the rare earth industry revenue down by 365.46 million yuan , rare earth and related products trading business revenue decreased by 437.25 million yuan ( of which export revenue up reducing the 310.87 million yuan ) .

Baotou Steel Rare Earth last year while operating income decreased by 8.33% to 8.47 billion yuan , net profit also fell , edged down 0.11 percent year on year to 1.44 billion yuan ; Annual Sheng and resources in 2013 , the company net profit of about 146 million yuan last year , fell 5.24 percent .

Many industry insiders believe that the current problem is the price of rare earth industry downturn , weak demand , high inventories , due Luancailuanwa still exists , is difficult to count the number of specific stocks . But look at the typical price of rare earth products , such as the price of lanthanum oxide in 2011 more than 30,000 yuan a tonne, the highest ever reached 250,000 yuan , but currently only 20,000 yuan / ton.

Overcapacity and price slump is currently facing a number of challenges rare earth enterprises , and the integration of a large group of rare earth has been slow , perhaps the elimination of export quota system , allowing the export of rare earth return to the market will bring these companies a way out.


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The WTO announced the United States, European Union, Japan v. China rare earths , tungsten, molybdenum export management measures related to the case of the panel report : China's ruling export management products involved violations. A month later, China picked up the law as a weapon , to submit the relevant documents to appeal the WTO Appellate Body . It is reported that China is on the panel report in more than 170 passages raised objections that the report misinterpreted the WTO rules and China's WTO accession documents, and then asked the Appellate Body rejected the panel report in China " export quotas " and other irregularities ruling related. Recently, the Ministry of Commerce said on the matter , regardless of the outcome , the Chinese environmental protection, environmental policy objectives will not change.

But the reality of China 's rare earth exports , with China the country's " environmental protection, environmental goals ," There is no relationship. All mining products in China , export and other laws and China's own development environment, perform root of the problem related to environmental protection , but there is no direct relationship with the Chinese exports of rare earths . Like all commodity exports , like China , is China's own " environmental law " Product Quality Law , the relevant commodity standards , etc. China's own laws to regulate , support and other aspects of the problem. You can not put all your merchandise exports are attributed to the " Chinese environmental protection, environmental policy objectives " up .

China appealed

" We note that the United States on April 8 v. China for its rare earths , tungsten, molybdenum WTO Dispute export management measures related to the WTO dispute settlement body appealed to the WTO Dispute Settlement in China on April 17 bodies cross- appeal . " This is a Ministry of Commerce spokesman Shen Danyang said today that the current case is in the trial stage of the Appellate Body , the Chinese side will make every effort to appeals . No matter how the outcome of the appeal , China to protect resources , environmental policy objectives will not change , it will continue to comply with the WTO rules on ways to strengthen the management of resource products , maintain fair competition.

The WTO in March 26 released a report on China Rare Earth Group of Experts on the case to support the claims of most of the U.S., Japan , Europe tripartite also rejected the part of the prosecution 's claims . Report that Chinese export restrictions on raw materials , including 17 kinds of rare earths , tungsten and molybdenum imposed violation, preliminary Chinese exports of the product concerned management measures violations.

Ministry of Commerce said China's export duties for the Panel found that the product concerned , export quotas and export quota management and allocation measures are inconsistent with WTO rules and China's commitments on joining the WTO , China regrets . WTO and other relevant international regulations long-term studies scholars analysis: China not regret , we can not fulfill WTO ruling.

Made in accordance with the WTO organization within the time referee rules , in accordance with the relevant provisions of the Appellate Body should be 60 days , no more than 90 days reply , support , modify or reject the panel report . This indicates that China's rare earth export Dispute Case dispute resolution procedures into the appeals process. However , WTO settlement mechanism proposed program appeals only from a legal point of view to explain the different views , you can not re- cross-examination, or a new open question .

" different opinions from the perspective of legal interpretation ," China has always participated in all international organizations referee in case of a major program weaknesses , often Chinese take domestic law to understand, tried to explain the theory of international law, to find basis. However , "It is worth noting that the WTO members to respect the sovereignty of natural resources , accreditation resources , environmental policy objectives , which is in the report of the Expert Group which has been reflected ." But in the Chinese territory of any " environmental protection, environmental policy objectives" is China's domestic law to solve the problem, the rules can not WT0 jurisdiction.

For more than 10 years China 's controversial rare earth exports , the experts in international law have the CASS , said: " At present , the final result for the appeal , the hopes and fears coexist. On the export tax problem, some members of the Group as well as Russia , Brazil , Argentina and other members of the party 's support for China -related positions so that we see the hope . However, from the previous judicial practice WTO Appellate Body ruling to overturn the possibility of the expert group is not great , which is a major worry for China to appeal the results. But even so, should not be shaken, even give up fighting for the rights of determination and confidence , because , after all, is an opportunity to appeal to reiterate China 's views and positions . "

Some foreign researchers believe that WTO law , all WTO members in more than 150 organizations , like the Chinese for "rare earth exports ", " tire special safeguard " and other cases , have been defeated , a defeat in the end of international law litigation, most countries are not going to fight in the end this will be a lawsuit because of repeated litigation costs huge unpaid squandering national financial resources , but also a battle in the end lost Zaibai , has been defeated in the end . Like " tires safeguard " Chinese tire exports have been heavily affected by the global tariff sanctions , including Venezuela , the United States and more than 40 countries , is an international referee has been lost, there is no reason to have lost in the end , is to take taxpayer money without numbers to vexatious .

According to international rules , " a card "

Despite China's WTO accession has been more than a decade , but China has been caught domestic "first party after the country" , the long-term to the " rule of man " a certain leader 's will to go its own way , to participate in international competition in the market , but as the global of deepening the rapid development of highly sophisticated products with the global launch frequently , constantly upgrading , global demand for rare earths volume is growing rapidly . The rare earth production, processing a tremendous impact on the ecological environment , environmental pollution caused by its mining more serious . Recently, the Chinese government by restricting the export tariffs, export quotas and export channels in order to achieve the protection of scarce resources , protect the environment , this country , two different foreign environment practices , resulting in the United States, Europe and Japan , as rare as a strategic resources and long-term imports from China traditional "big " their great dissatisfaction . According to the relevant data show that: in 2013 , China 's rare earth export quota of 24,000 tons total , but the actual physical volume of exports of rare earth products the annual quota of only 22,900 tons , unfinished quota.

Chinese rare earth export quotas to resort to international law, the referee dispute began in 2008 , then in 2009 , the EU proposed to ask the Chinese to lift the export quotas of rare metal products ; 2010 , the United States , Mexico and other countries ED also submitted a memorandum WTO , asked China to cancel the rare earth export quota system ; until the end of 2012 , the United States , Japan , the European Union filed suit on rare earth issues raised that China 's rare earth export restrictions on high-end industries, and other countries have had an impact , it is necessary to be resolved through the WTO referee . Therefore, China 's rare earth industry is concerned, in accordance with international rules , " the card" as a priority, but also the future direction of China the only thoroughfare globalization.

China when services where : ( 1 ) is clear ownership of resources , should the tax - to accomplish something on the resource tax , which is the international norm. All foreign mineral resources are privately owned , the ownership of clarity , both the central and local profit. 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 WTO rules relating to ; ( 2 ) , is a strategic resource disposition to comply with international rules. China should learn to act in accordance with international rules . According to most of the United States and other countries are currently no taxes on exports of rare earth , rare earth taxing exports to China , is clearly not in line with international rules . United States to implement the strategy sequestration , China certainly viable strategy sequestration , or strategic reserve ; ( 3 ) , a security policy. There are national security , economic security concept internationally. WTO believes that security policy is the exception. This principle is also applicable to China . China is no corresponding legal acts to protect , in view of national security , export controls on dual-use items . Where there may be used for military resources, technology exports, including some rare earth can be used for military , China can justly prohibit the export ; ( 4 ) , is China's rare earth export production has formed an international crowd of supply and demand , so with international standards, integration, without contradiction is the basic direction ; ( 5 ) , in the field of WTO and international trade , do not engage in " Chinese characteristics ", otherwise China trade and export commodities, will face even greater , broader, more comprehensive international impedance and disharmony.

Chinese exports of rare earths case , the tire special safeguard case , are China and the WTO, international trade rules impedance classic case. In addition, China and the future as it is now to get more merchandise trade , trade, more extensive "voice" of rare earth trading transactions tires , the scholars suggested that : (a ) , the rare earth resources through fair , publicly traded , trading under the sun , the number of rare earth enterprises qualified properly integrated ; paragraph (b ) to establish market rules in exchange-listed international implementation of spot and futures , 24- hour trading and forward transactions to stabilize , regulate , establish the overall market for the world to develop a global free trade contribution ; (c ) , may also consider using RMB, multi-currency, cross-border transactions comprehensive settlement of the transaction ; ( four ) , the first international as now in Hong Kong , Singapore and Taiwan , and then consider the New York, London , tokyo and some other market traded publicly networking ; ( five ) , China rare earth full integration , compatibility, publicly traded in the international market . Source: Prospects network


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The green event to launch Long March ” “ motion, following on foot after this time riding a bicycle, for 6.22 off the Linus campaign of rare earth factory.

Up to 2800 kilometers, &ldquo 37 day from this month 15 days rise; cavalry March, end Linus ” foot vehicle movement around the island, in Kuala Lumpur as a starting point, end point is Kuantan gabion.

The green event chairman Tod pointed out in the press, the Long March, will be closed for the end Linus rare earth factory. He added, this is the group asked Linus must leave China within 6 months after, for one of a series of activities, but also by the activities to promote environmental protection subject to the people, and is expected to receive more than 1000 people support and response.

Today he and his 3 knights, Feng Zhongming Wang Zhiwei and Liang Jianhao attended the press conference, another foot bike riders to doctrinairism mage, today's absence. Today at the press conference, including the green event financial Huang Wensheng, Secretary Feng Xueping and the members of He Xiaoyun and Liu Liling.

In addition, the Johore &ldquo &rdquo end; Linus; a dinner has been scheduled for June 20th at seven thirty in the evening, held in Johor Bahru Lily Garden New Cathay restaurant.


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World Trade Organization (WTO) ruling in China and the United States , the European Union (EU) and rare earth exports to Japan in a dispute against asking China to eliminate export restrictions on rare earths , which is considered a major victory for the developed economies of China made ​​.

It should be said that this is lost once expected, United States and Europe in 2012 to formally propose the WTO complaint . But as early as the summer of 2009 , when the European Union, the United States and Mexico has the raw materials to China 's export restrictions on WTO policy report , cited by the three parties involved in raw material bauxite, coke, fluorspar , magnesium, manganese, ferrosilicon, silicon carbon , phosphorus and zinc nine kinds .年初2012, WTO Dispute Settlement Body determined that Chinese restrictions on the export of raw materials do not meet China's WTO accession commitments and the relevant WTO rules. But the industry generally believe that action against these nine kinds of products, but it is just testing the waters , the real goal of the developed economies in fact intended to rare earths.

WTO opened a very important precedent , according to the impact of this ruling on rare earths surface involved , it can be said that China's accession to WTO, the biggest defeat suffered 10 years .

Of course , this can not be protracted dispute with the ruling Rare 26th settled. In accordance with WTO rules , the Chinese side can appeal within 60 days. From the position of the Chinese Ministry of Commerce, the first time - expressed "regret " and said the report is an assessment of the award - point of view, the appeal is inevitable, although the outlook is not optimistic.

China " Rare war " with a long history of Western developed countries , mainly due to dissatisfaction with China in recent years, the latter decreasing exports of rare earths . The dispute sudden warming since the second half of 2010.

In early September 2010 to coincide with the Day " Diaoyu Islands collision " , while Japan is not only the world's biggest importer of rare earths , and its imports almost all from China ( Japan is the second country in the world rare earth consumption , imports nearly 20 percent of global rare earth ) , many a time the Western media have speculation, " China is trying to control exports of rare earths to achieve political objectives ." By the end of October 2011 , the then U.S. Secretary of State Hillary Clinton publicly urged • United States and its allies to reduce dependence on China 's rare earth production , but also called it " a wake- up call for us ," senior officials in Western countries may be published on this issue the most forthright speech, but also to the dispute over rare earth onto a climax.

In order to eliminate fears and misconceptions of the whole world , in the past few years, from former Chinese Premier Wen Jiabao , the current Premier Li Keqiang to the heads of the relevant departments of the State Council , China had repeatedly expressed do not prohibit or restrict exports of rare earths mean , the Chinese side also repeatedly urged countries not to politicize the issue of rare earth trade .

So why exactly is so rare it affects people ? Because of its importance is evident.

Rare is lanthanum, gadolinium and other 17 kinds of special metallic elements collectively , they have a strong magnetic force , or , or can enhance the ability of the metal temperature . These elements are widely used in all industrial fields, especially critical for the current very popular new energy and other high-tech products. Thus it was that , if not rare , most of the modern economy will stop functioning .

Almost all of China's current monopoly of the world 's rare earth supply - the supply of more than 90% of global rare earth production , of course, he is consumed more than half of the world's rare earths . So , 20 years ago, Deng Xiaoping once said this: "The Middle East has oil , China has rare earths. " It is said that the slogan was carved in the world's largest rare earth producer - on the walls of the high-tech Co., Ltd., Baotou Steel Rare Earth .

However , it is worth noting that the name "rare earth " , it is actually not rare, everywhere around the world is rich in rare earth minerals , China 's rare earth reserves only account for less than 40% of the world's total reserves . Therefore, other countries are much too scarce rare earth , as it is too costly and difficult because of mining or unwilling to produce .

Leaving aside the Westerners in China " politically motivated ," the unfounded speculation in recent years, Chinese government restrictions on exports of rare earths mainly based on the consideration of the following aspects : First, the rare earth mining and processing can cause serious air , surface water, soil and other aspects of environmental pollution , is typical of high pollution , high energy consumption, consumption of resources industries ; second , in 2010 10 years before rare oversupply in the international market , Chinese manufacturers have no pricing initiative , the price all the way down , there has been the so-called "gold selling cabbage price " situation ; third, because China itself is the world's largest rare earth consumed before, according to the current production rate, there were reports that China 's medium and heavy rare earth reserves only last category 15-20 years may eventually need to import themselves ; fourth, China also hopes to encourage foreign enterprises to users of rare earth enterprises and relocation of production facilities to China, and not sell cheap raw materials from abroad , which is rare for the province of Inner Mongolia, economic growth and employment are extremely important in promoting tax and even promote the entire Chinese manufacturing upgrades.

It should be said , and both these demands is reasonable , so in recent years, China 's domestic rare earth mining and trade imposed strict controls . In this sense alone says , WTO ruling against China is very unfair , because no country is obliged to sacrifice their own interests to the benefit of the other countries of the world , which is China down a ruling on the above reasons to feel particularly aggrieved .

However , on the other hand , we must also see that the Chinese government in order to safeguard their legitimate interests , but it took a lot of very wrong means. I think , in large part , this is trapped in his own people inside and outside the crux of embarrassment . Since 2008 , China 's management of rare earths are mainly taken the following policy -

First ( and most important ) , issued from 2010 rare earth export licenses and quotas are almost declining.

Followed by the implementation of the restructuring of shutting down a large number of so-called " scattered, chaotic , small" mines, trying to integrate the country's rare earth production for the northern and southern two miners and processors of the Commonwealth , and the establishment is called Rare Edition " CISA " has a huge administrative powers China Rare Earth industry Association . Currently , the North 's integration has been completed, basically all the focus to the Inner Mongolia Baotou Steel Rare Earth there ; case the South is relatively complex, and so are actively planning for the integration of Minmetals cause. Here Incidentally, China 's rare earth reserves , mainly in the northern Inner Mongolia, while the South is relatively scattered , and Jiangxi provinces reserves are more plentiful .

Third, and this is closely related to the establishment of so-called rare earth reserve system , and the first batch of 11 designated national planning mines , industry access conditions set by the government and approved by miners .

Fourth, improve the export tariffs on rare earth and rare earth resources tax.

We mention some of these policies - such as export quotas and tariff increases - are likely to conflict with WTO rules , even without considering the external factors only to promote the healthy development of the industry and market this goal theory, these policies are mostly more harm than good for .

For example, the limitation and reduction of export quotas , on the one hand to promote the international market soaring prices of rare earth ( RE part of the price rise in the past two or three years of up to 500 %, which is the source of discontent European countries ) , on the other hand , due to the country 's production did not fall, resulting in even greater disparity between the inner and outer post . The end result is two-fold: First, export prices rose quota itself ; According to state regulations , transfer and trading of export license is illegal , but the fact that the market has not only exist, but in recent years become increasingly popular. According to reports, in 2011 , the market price of one ton of rare earth export licenses , has grown from a few thousand dollars a few years ago rose to 40-50 million, which almost makes export licenses worth over rare earth minerals itself ! The second is greatly stimulated the smuggling of rare earth . Authorities estimate that in 2010 the country may have been smuggled out of the country more than 30,000 tons of rare earth !

Greater harm these policies also that we can see at a glance that they are by the executive power ultimately will have a market which is already a prototype ( although it may be more chaos ) of Chinese rare earth mining , processing and export monopolies in a few large state-owned enterprises ( or even central enterprises ) hands. This is much like the last century, the so-called "oil industry consolidation " in the 1990s . But years of experience have taught us , there is a state-owned enterprise administrative monopoly , is one of the biggest obstacles to China to further promote the market-oriented reforms.

And, to say the least , expect them to protect the environment and achieve technological advances are likely just fantasy. This is because , in the final analysis they themselves are not really producers , like other administrative monopoly central enterprises - the most typical is the infrastructure construction business - like the real " work " of the people is that they subcontracting companies , that is, or those scattered, chaotic , small private enterprises, state-owned monopoly , but is likely to be some of the government 's restrictive policies ( including access cards , licenses , etc. many private businesses can not insurmountable sturdy barriers ) support with the " rentier " only !

Can really protect the national interests of the proper focus of rare earth policy should be guided by laws and policies , to find ways to raise the cost of production of rare earth in China , so that market forces will spontaneously reduce its supply and export . The so-called raise costs , is to develop a higher threshold environmental requirements and local environmental pollution compensation ( such as sewage costs, etc. ) of rare earth production , while requiring companies to vigorously enhance the safety and treatment standards of corporate employees. This is fully consistent with the WTO agreements. In the judgment of 26 May , WTO did not recognize China for the protection of resources and the environment and to limit exports of rare earths proposition. In fact , it is not opposed to China 's environmental protection efforts , but that can not be in violation of WTO law to policy measures to promote environmental protection . In fact, as we have already seen . These policies are not necessarily able to achieve environmental policy in mind.

For a long time , China 's rare earth why sell so cheap is because the production of external costs ( such as environmental pollution ) it produces shared by the whole society , as long as the policy of this country through the rational part of the external costs appropriately translated into economic costs allow enterprises to bear alone , do not need to worry rare resale price Huang ? On the other hand , the so-called competitive enterprises bigger and stronger so that , nor is issued by the state-owned monopoly mining license will be able to do. On the contrary , it should equally be encouraged enterprises of different ownership fully competitive , free market rules by mergers and acquisitions . Thus , over time , efficient , high- level corporate management will naturally eliminate those inefficient enterprises.

And now we do not start from the root up , but part of the external costs of trying to put together , converted to reap the profits of the few state-owned monopoly , is it wishful thinking ?

In summary, China, the United States and Europe Day "rare earth dispute " with China and Australia , Brazil and other countries , " iron ore dispute " in nature is the same, although one is exported , and the other is imported . "Gold selling cabbage price" when China's exports of rare earth and " cabbage price to buy gold ," Chinese imports of iron ore when the facts are irrefutable , we are indeed at a disadvantage . However, in order to solve this problem , the Chinese regulatory authorities always involuntarily plan to regain control of the economic and administrative old ways , trying to cancel the competition in the domestic market ( it think that this " disorder " is causing us to lose the competition reasons ) , the establishment of administrative monopoly called " a hole " ( almost always state-owned enterprises ) unified external , to improve our voice in the international market . But the practice for decades has repeatedly proven that this approach runs counter to the market economy not only makes us Have ineffable sorrows, people inside and outside , but is actually impossible to achieve the desired goals of these policies are implemented , but the only result domestic monopoly interest groups provide fertile soil unearned only.


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WTO ruling on Chinese exports of rare earth problem entirely the result of selective hearing those referees , officials , who only the interests of the advanced countries , while ignoring the reality of global development, did not see the irreparable damage to the environment caused by mining and backward at the same time they also did not see a reduction in the supply of rare earths can promote the development of modern industrial technology , thereby reducing the degree of harm to the environment destruction.

First, those officials should have never been to China's rare earth mining site , those behind the domestic mining technology and mining operations is definitely crazy enough to understand . According to the author 's face value , rare earth mining in many parts of the country have adopted the disastrous mining technology . To get petty , miners tend to be emptied whole mountain , leaving a barren. Meanwhile hazardous substances four diaspora , threatening people 's health. If you want to manage this environmental damage , not only requires a lot of money , but also take a long time , in fact, difficult to estimate the cost of governance . Therefore, China has adopted various measures to curb the exploitation of rare earth blind is absolutely necessary .

Secondly , they did not look at the status of technological development, China's export restrictions on rare earth actually brought a leap of industrial technology. Originally manufacture of high-tech equipment is almost inseparable from earth, from the law of industrial technology development perspective, this bottleneck problem to be solved sooner or later , while China 's export policies to speed up the process of solving this problem .

Due to rising prices of rare earths , Toyota , Mitsubishi Electric and other Japanese companies have developed more than a dozen completely without rare earth magnet motor , METI specially set aside 8 billion yen to support. Under economic pressure to produce such an effect developed quickly . Hitachi rare earth permanent magnets used equally effective successfully developed completely without rare earth motor. In this production process using Hitachi rapidly cooled and solidified amorphous alloy , not only won the International Electrotechnical Commission (IEC) to the highest standards of energy efficiency, but also reduces costs. Enterprises to achieve such outcomes is more than a company of Hitachi , Showa Denko also successfully developed a rare-earth magnet alloy does not require material that can be widely used in IT and other high technology fields .

Moreover, Japan's rare earth recycling technology has also been a breakthrough. Japan's Honda Motor and heavy chemical industry to jointly develop recycling rare earths from used batteries of hybrid cars in the new technology in the world is also an innovation. With this technique, can be recovered from used batteries to more than 80% of rare earth materials . The Panasonic is also actively develop recycling technology of rare earth materials from the waste air conditioning .

The successful development of new technologies and put into use, issued by the Japanese media, China's rare earth lost an important customer and sorrow market news. But from here, but we can see that China 's restrictions on exports of rare earths is actually extremely important , on the one hand has been forced to reduce the effect of protecting the exploitation of the environment, on the other hand , such a policy is not only not harm the development of modern industry, and also contributed to the upgrading of related technologies. Very unfortunately, Europe and Japan as well as the effectiveness of WTO officials took these selective hearing , so where we do not have any chance of winning.

So , we do not need more articles in the export quota , in order to the national health , for the benefit of future generations , we need to increase efforts to protect the environment , exploitation of rare earth resources in higher demand , due to the exploitation and management should the cost of environmental damage caused by the added price of rare earths . As for automobile exhaust emission requirements more stringent and did not hinder the development of the automotive industry , industrial policy is strictly not hinder the healthy development of rare earth industry .


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