Ministry of Commerce: China's raw material export policy complies with WTO rules
2022-10-16 12:08:56
The European Union issued a statement on the 23rd saying that the United States and the European Union filed a lawsuit against the World Trade Organization (WTO) on China’s restrictions on exporting rare metals. The move also became the first case in which the United States sued China against the WTO after Obama took office in January.
The relevant person in charge of the Ministry of Commerce said in response to a reporter's question yesterday that China's export policy on raw materials is in line with the rules of the World Trade Organization and aims to protect the environment.
[European and American prosecution reasons] This has hurt foreign "downstream producers"
The United States and the European Union filed a lawsuit against the WTO, stating that China has set export restrictions on industrial raw materials, saying that China is trying to take advantage of its own industries.
US Trade Representative Kirk said at a news conference that the United States has negotiated with China for two years but has not made progress. He claimed that the United States must "hold on our interests so that American producers can obtain a level playing field and more America." Workers can return to work."
The EU also accused China of its actions in violation of international trade standards. The EU said in a statement: "The EU on the 23rd requested the WTO to review China's restrictions on the export of several major rare metals, a decision that violates international trade standards."
US officials pointed out that the affected trade amounted to several billion US dollars, and China gave its industry an unfair competitive advantage. US officials said that China’s move hurt foreign “downstream producersâ€, such as aluminum producers and steelmakers, because China’s export restrictions not only hindered their access to raw materials, increased international market prices of raw materials, but also reduced China’s The cost of domestic producers.
US officials said that the complaints filed with the WTO involved nine raw materials, including bauxite, coke, fluorite, magnesium, manganese, silicon carbide, metal silicon, yellow phosphorus and zinc.
[Proceedings] Bilateral negotiations between the parties
The US and EU executive committees will first formally seek consultations with China at the WTO. If the consultations break down, the next step in 60 days is to ask the WTO panel to hold a hearing on the matter.
Previously, the United States and the European Union failed to persuade China to cut export tariffs and increase quotas for raw materials such as zinc, tin, tungsten and yellow phosphorus. According to the rules of the WTO, similar disputes will first be negotiated bilaterally between the countries concerned. If the negotiation fails, both parties may request the establishment of a dispute handling team.
Under the WTO system, a complete dispute settlement procedure includes the following four links: consultation, expert group procedures, appeal procedures, and enforcement supervision procedures for rulings.
According to the procedures of the WTO Dispute Settlement Mechanism, if no dispute can be resolved within 60 days, the prosecution can request an expert group from the World Trade Organization Dispute Settlement Mechanism. After the investigation, the decision will be made within about 9 months. If you are dissatisfied with the outcome of the ruling, you can appeal. The result of the final ruling will be the final result of the lawsuit.
[Ministry of Commerce responds] Export policy is in line with WTO rules
In response to the EU and the United States on the 23rd, China restricted the export of industrial raw materials such as coke and filed a lawsuit against the WTO. The relevant person in charge of the Ministry of Commerce of China pointed out yesterday that the main purpose of China's export policy is to protect the environment and natural resources. China believes that it complies with WTO rules. .
The Ministry of Commerce said on Wednesday that China has received requests for consultations on raw material exports from the United States and the European Union, and will properly handle requests for consultations in accordance with the World Trade Organization (WTO) dispute settlement procedures.
The Ministry of Commerce said that China has maintained communication and contacts with the United States and Europe. The main purpose of China's export policy is to protect the environment and natural resources, which is in line with WTO rules.
Yao Jian, a spokesperson for the Ministry of Commerce, said earlier that China’s policy considerations at the time were consistent with global interests. No trade policy is perfect, and it is impossible to demand both environmental protection policies and prices.
[Experts say] China has not violated the WTO commitments
Cheng Dawei, chief expert of the Beijing WTO Affairs Center, believes that China's relevant export policies do not violate China's commitment to China's accession to the WTO.
When China joined the WTO, it retained the right to impose export taxes on some export products. Some of the products proposed by the United States and Europe were retained by us at that time, and some were places where tariffs were raised, but this Changes are also in line with the overall WTO commitment.
"If China limits the export of related products due to the needs of national reserves, it is entirely reasonable." Cheng Dawei said in an interview that "Every country has a national strategic need, which is a reserve requirement within the sovereignty of a country." ."
It is understood that the WTO law gives a certain margin for the existence of such reserves in various countries. For example, it is stipulated that environmental and military considerations can limit the export of resource-based products. Europe itself has restricted many products to China for export. The excuses are military and war.
Cheng Dawei believes: "This (China) Ministry of Commerce regards environmental protection as a point of dispute and it is legally feasible. The preparation of domestic strategy is understandable."
At the same time, in some places in China, the excessive exploitation of mineral resources also caused ecological damage and environmental pollution. Therefore, Cheng Dawei believes that the Ministry of Commerce imposes export tariffs on some raw materials, in order to curb the sacrifice of the environment for development. .
At present, China's black tungsten ore has been almost mined, only scheelite can be mined for about 20 years, and rare earth reserves have been reduced from 85% of the world to 58% today; according to data given by China Nonferrous Metals Association If it is mined at the current level, molybdenum can be used for 16 years and zinc can be used for 10 years.
According to the newly approved "National Mineral Resources Planning" approved by the State Council, China will implement protection and restrictive mining of tungsten, tin and thorium rare earths to solve the problem of excessive exploitation of excessive mineral resources, excessive export, and excessive consumption of strategic resources.
The relevant person in charge of the Ministry of Commerce said in response to a reporter's question yesterday that China's export policy on raw materials is in line with the rules of the World Trade Organization and aims to protect the environment.
[European and American prosecution reasons] This has hurt foreign "downstream producers"
The United States and the European Union filed a lawsuit against the WTO, stating that China has set export restrictions on industrial raw materials, saying that China is trying to take advantage of its own industries.
US Trade Representative Kirk said at a news conference that the United States has negotiated with China for two years but has not made progress. He claimed that the United States must "hold on our interests so that American producers can obtain a level playing field and more America." Workers can return to work."
The EU also accused China of its actions in violation of international trade standards. The EU said in a statement: "The EU on the 23rd requested the WTO to review China's restrictions on the export of several major rare metals, a decision that violates international trade standards."
US officials pointed out that the affected trade amounted to several billion US dollars, and China gave its industry an unfair competitive advantage. US officials said that China’s move hurt foreign “downstream producersâ€, such as aluminum producers and steelmakers, because China’s export restrictions not only hindered their access to raw materials, increased international market prices of raw materials, but also reduced China’s The cost of domestic producers.
US officials said that the complaints filed with the WTO involved nine raw materials, including bauxite, coke, fluorite, magnesium, manganese, silicon carbide, metal silicon, yellow phosphorus and zinc.
[Proceedings] Bilateral negotiations between the parties
The US and EU executive committees will first formally seek consultations with China at the WTO. If the consultations break down, the next step in 60 days is to ask the WTO panel to hold a hearing on the matter.
Previously, the United States and the European Union failed to persuade China to cut export tariffs and increase quotas for raw materials such as zinc, tin, tungsten and yellow phosphorus. According to the rules of the WTO, similar disputes will first be negotiated bilaterally between the countries concerned. If the negotiation fails, both parties may request the establishment of a dispute handling team.
Under the WTO system, a complete dispute settlement procedure includes the following four links: consultation, expert group procedures, appeal procedures, and enforcement supervision procedures for rulings.
According to the procedures of the WTO Dispute Settlement Mechanism, if no dispute can be resolved within 60 days, the prosecution can request an expert group from the World Trade Organization Dispute Settlement Mechanism. After the investigation, the decision will be made within about 9 months. If you are dissatisfied with the outcome of the ruling, you can appeal. The result of the final ruling will be the final result of the lawsuit.
[Ministry of Commerce responds] Export policy is in line with WTO rules
In response to the EU and the United States on the 23rd, China restricted the export of industrial raw materials such as coke and filed a lawsuit against the WTO. The relevant person in charge of the Ministry of Commerce of China pointed out yesterday that the main purpose of China's export policy is to protect the environment and natural resources. China believes that it complies with WTO rules. .
The Ministry of Commerce said on Wednesday that China has received requests for consultations on raw material exports from the United States and the European Union, and will properly handle requests for consultations in accordance with the World Trade Organization (WTO) dispute settlement procedures.
The Ministry of Commerce said that China has maintained communication and contacts with the United States and Europe. The main purpose of China's export policy is to protect the environment and natural resources, which is in line with WTO rules.
Yao Jian, a spokesperson for the Ministry of Commerce, said earlier that China’s policy considerations at the time were consistent with global interests. No trade policy is perfect, and it is impossible to demand both environmental protection policies and prices.
[Experts say] China has not violated the WTO commitments
Cheng Dawei, chief expert of the Beijing WTO Affairs Center, believes that China's relevant export policies do not violate China's commitment to China's accession to the WTO.
When China joined the WTO, it retained the right to impose export taxes on some export products. Some of the products proposed by the United States and Europe were retained by us at that time, and some were places where tariffs were raised, but this Changes are also in line with the overall WTO commitment.
"If China limits the export of related products due to the needs of national reserves, it is entirely reasonable." Cheng Dawei said in an interview that "Every country has a national strategic need, which is a reserve requirement within the sovereignty of a country." ."
It is understood that the WTO law gives a certain margin for the existence of such reserves in various countries. For example, it is stipulated that environmental and military considerations can limit the export of resource-based products. Europe itself has restricted many products to China for export. The excuses are military and war.
Cheng Dawei believes: "This (China) Ministry of Commerce regards environmental protection as a point of dispute and it is legally feasible. The preparation of domestic strategy is understandable."
At the same time, in some places in China, the excessive exploitation of mineral resources also caused ecological damage and environmental pollution. Therefore, Cheng Dawei believes that the Ministry of Commerce imposes export tariffs on some raw materials, in order to curb the sacrifice of the environment for development. .
At present, China's black tungsten ore has been almost mined, only scheelite can be mined for about 20 years, and rare earth reserves have been reduced from 85% of the world to 58% today; according to data given by China Nonferrous Metals Association If it is mined at the current level, molybdenum can be used for 16 years and zinc can be used for 10 years.
According to the newly approved "National Mineral Resources Planning" approved by the State Council, China will implement protection and restrictive mining of tungsten, tin and thorium rare earths to solve the problem of excessive exploitation of excessive mineral resources, excessive export, and excessive consumption of strategic resources.
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