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    Yao Ming Ribbon Got A Zero Tax &Nbsp In The United States, And The Failure Of Anti-Dumping Was More Than Victory.

    2010/5/29 9:45:00 32

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    In March 8th, Xiamen Yao Ming ribbon ornaments Co., Ltd. (hereinafter referred to as "Yao Ming ribbon") is about to welcome the final censorship of the United States Department of Commerce officials on the investigation of the narrow band weaving anti-dumping countervailing investigation.



    In February 6th, the US Department of Commerce has just announced the preliminary results of the dumping investigation of the narrow ribbon weaving anti-dumping countervailing investigation.

    In two compulsory respondent enterprises, the dumping margin of Yao Ming's weaving belt was 0, and the other one was found to be 231.40% punitive tax rate because he did not answer suit.

    13 enterprises eligible for the average tax rate were awarded a 115.70% tax rate, while the other unrespondent enterprises had a unified national tax rate of 231.40%.


    "We get the zero tax rate, which is the result of our active response. This process is painful. We have invested a lot of manpower and material resources to win the US anti-dumping and countervailing lawsuit."

    Yao Ming, Dan Liang, manager of the Export Department of the webbing, accepted the interview with "China business newspaper".


    In fact, in spite of the success of individual enterprises in the US's anti-dumping and countervailing investigations, many enterprises are facing the risk of losing the US market because of the fact that most enterprises are expropriated by higher anti-dumping and countervailing duties.


    Zero tax rate for Yao Ming's Webbing


    In July 9, 2009, BERWICKOFFRAY filed a complaint with the US Department of Commerce and the International Trade Commission (VIC), the largest US ribbon manufacturer in the United States, accusing Chinese enterprises of dumping the tapes exported to the United States at below normal prices. They asked for anti-dumping investigations and countervailing investigations on the narrow webbing originating from the mainland of China and Taiwan, China.


    In July 23rd, the United States decided to file an anti-dumping and countervailing investigation on the narrow ribbon originating in the mainland of China.


    Shan Liang said that this is the first "double counter" investigation launched by the United States on Chinese textiles and the first trade remedy measure taken by the United States to Chinese textiles in the post quota era.

    The product of this case is made of various lengths, colors and shapes, all or part of man-made fibers, and the ribbon is less than 12 cm wide. It is mainly used for clothing accessories and gift packaging.

    According to the statistics of China Customs, in 2009 1~6, the total amount of China's weaving to the United States was 8 million 60 thousand US dollars, and the Taiwan area might be more than $10 million.


    According to the rules set by the US for selecting the first and second Chinese enterprises to export to the US, the Yao Ming ribbon is currently the world's largest manufacturer of polyester ribbons, ribbon printing and ribbon ornaments. Therefore, Yao Ming's ribbon is rightly classified as the number one enterprise in the US.

    In addition, representatives of anti dumping and countervailing investigations were also represented by Zhangzhou Changtai Rong Shu Textile Co., Ltd. and Ningbo Jintian Trade Co., Ltd.


    Regretfully, the other two enterprises did not respond, and Yao Ming's weaving tape could only fight alone.


    "The whole litigation cost is very high, and it cost US $23 million before and after.

    After deciding to respond, we have set up a special leading group and a responding team.

    From the top of the company, they went to some enterprises that had anti-dumping experience. Then they looked for, picked and hired senior lawyers who had many "anti-dumping cases".

    Shan Liang said.


    After more than 6 months of competition, the US Department of Commerce announced the results of the preliminary ruling in February 6th, and the dumping margin of Yao Ming's ribbon was 0.


    The process of dealing with the US Department of Commerce for more than half a year has also provided Yao Ming's webbing with a deeper understanding of responding to anti-dumping investigations.

    "The anti dumping and countervailing investigation procedures in the United States are very cumbersome and very strict, involving the quantity of export products, raw materials, and financial statements," he said. "He will also take into account whether you have access to bank loans, how much land it has been requisitioned from the government, and export tax rebates.

    In addition to sending questionnaires to you to fill in, the US officials also came to the company to carry out a dumping margin survey, checking financial accounts, accounting costs, and involving many materials such as internal information of public enterprises.

    Shan Liang said.


    Because of the successful experience of coping with the preliminary examination, Yao Ming's ribbon is full of confidence when facing the final examination of the US Department of Commerce.

    "At present, we are further preparing materials to meet the censorship of the US Department of Commerce in March 8th.

    I believe it will be better than what we did last time. "

    Shan Liang said.


    The trend of losing more and winning less is reversing.


    Despite the success of Yao Ming ribbon's positive response, many enterprises are facing the risk of losing the US market because of the higher anti-dumping and countervailing duties imposed by most enterprises.


    Zhang Yi, a partner of Beijing Xiao Yun law firm, a lawyer responding to an enterprise in 13 other enterprises, told the China business newspaper reporter that "because of the fact that some enterprises have abandoned the lawsuit, the" double reverse "tax rate of the Chinese weaving belt has been raised. The rate of the other enterprises that have not been investigated separately is the average value of the tax rate granted by the mandatory respondent enterprises, and the enterprises that have not participated in the prosecution are charged the highest tax rate.

    Zhang Yi further said, "now the relevant policies and legal environment in the United States are more stringent, and the time for responding to the enterprises involved is short and there is little delay. Many supplementary materials will not be accepted.

    So in the future, Chinese enterprises involved should not only give up, but also pay more attention to the preparation for responding.


    In fact, once the tariff of the ribbon industry exceeds 30%, it is almost impossible for American customers to accept it.

    The ruling means that all the ribbons of other enterprises are kept outside the high tax rate except Yao Ming's ribbon can continue to enter the US market.

    Zhang Yi said that his client was charged with high anti-dumping and countervailing duties because of the fact that he had given up the action.

    Now, his customers are no longer able to enter the US market.


    As a matter of fact, the number of similar anti-dumping cases received by domestic enterprises since 2005 is very large, and the proportion of successful cases is only about 30%.

    However, as more and more Chinese enterprises are actively responding to the lawsuit, it will become a benchmark for other enterprises.


    "Frequent anti-dumping investigations aroused the awareness of domestic industries and deepened their understanding of anti-dumping and countervailing measures.

    And after some enterprises' active response, at present, the trend of losing more and less in our contest with the United States, the European Union and other countries in anti-dumping and countervailing investigations is slowly reversing.

    Zhang Yi said.


    In addition, Zhang Yi also said that all countries in the financial crisis had taken some subsidies and protective measures to local industries, and the reaction of Chinese export enterprises also had some lag. "In 2009, the reaction of Chinese enterprises may not be strong, but in the second year, Chinese enterprises can not afford it, and they will continue to take certain counter-measures."

    Zhang Yi said.

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