AOKANG Defends EU'S Anti Dumping Claim: Confidence Is Golden Law And Weapon.

Review of Defense: unwilling to lose the first instance, and then fight second instance.

Since the 90s of last century,

A large number of sales have been launched to EU countries, and the annual sales volume has increased by a large margin.

In October 7, 2006, the EU Commission imposed anti-dumping duties on Chinese leather shoes for the first time, after a series of quota restrictions on Chinese leather shoes, and imposed a 16.5% high anti-dumping duty for two years.

In the face of the EU's anti-dumping stick and with the active guidance and support from the Ministry of Commerce and the China Leather Association, AOKANG formally hired the Beijing Zhong Lun law firm in October 23rd, and formally filed a lawsuit against the apparently unfair trade decision from the judicial process to the lower court of the European Union.

Subsequently, Wenzhou's "Tamar" and Guangzhou "Nanhai Jin Lu", Wan bang and Fujian and other 5 Chinese shoe companies also followed AOKANG's joint appeal.

At the end of the same year, as the Chinese shoe companies actively defended EU anti-dumping, the EU executive committee published the green paper on trade remedy tools and invited China to comment on the green paper.

After that, the Ministry of Commerce of China organized a symposium on the green paper review of EU trade remedy instruments and a seminar on trade remedy tools between China and European trade officials, and actively promoted dialogue between China and EU on EU trade remedy measures.

However, the rise of China's shoe companies has failed to prevent EU anti-dumping duties.

The anti-dumping measure should have expired on October 2008, but the European Commission has decided to launch a "full review" of the anti-dumping case against China's leather shoes, despite the opposition of most member states.

In December 2009, the EU decided to reconsider the anti-dumping measures against Chinese leather shoes for another 15 months without sufficient justification, that is, to March 31, 2011.

In the field of legal proceedings, in March 2010, the EU's junior court dismissed the lawsuit filed by 5 Chinese shoe companies, such as AOKANG, and announced that China's shoe companies failed in the first instance.

In April 8, 2010, China's Ministry of Commerce appealed to the WTO, requesting WTO to set up an expert group to coordinate the settlement of the unfair international trade dispute launched by the European Union.

Subsequently, 4 shoe companies such as "Tamar" and "Nanhai Golden Shoe" thought that the second instance failed to win the lawsuit and announced that they had withdrawn from judicial proceedings.

Under such circumstances, AOKANG is confident that it will not hesitate to accept huge litigation costs, and decides to continue appealing to the high court of the European Union.

March 31, 2011 is the expiration date of the EU's extension of anti-dumping measures.

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As a result, the European Union announced the lifting of a 16.5% anti-dumping duty on Chinese leather shoes from April 1st of that year.

This unreasonable trade protection measure, which has lasted for nearly 5 years, has finally come to an end.

However, the EU has unilaterally terminated sanctions on administrative measures, but has not yet solved the legal case of anti-dumping.

AOKANG continued several rounds of pleading in the EU high court to win the final appeal.

After the active efforts of AOKANG and two lawyers' teams at home and abroad, the Supreme Court of the European Union finally issued a verdict in November 15, 2012, and the final award was AOKANG.

According to legal experts, the direct benefit of this "foreign lawsuit" is that the EU will bear all litigation costs, and it is expected to be as high as about 5 million yuan.

Two, the EU should refund the anti-dumping duty that has been collected for 3 years to Chinese enterprises and importers.

Its positive significance is that it has made Chinese enterprises "return" confidence and "fight" to return to their dignity.

Two, because of clarifying the legal provisions of some anti-dumping cases, it provides a procedural basis and predictability legal basis for Chinese enterprises to sue anti-dumping cases in the future.

The defense tells us that confidence is 1730.50,2.30,0.13% and law is a weapon.

In the 6 years of plea, not only did the world see it.

More importantly, it is a valuable experience and reference for the vast number of Chinese private enterprises to face international trade frictions and economic disputes.

Enlightenment, self cultivation, increase competition weight.

Judging from the number of anti-dumping investigations, China is the most frequently investigated country in the world.

In recent years, not only shoe products, China's export of a variety of commodities, such as photovoltaic batteries, ceramics, aluminum wheels, and so on, will often encounter other countries' anti-dumping.

Wang Zhentao, vice chairman of the China Leather Association and chairman of AOKANG company, said that although the objective factors such as the rise of regional protectionism and bias brought about by system differences have certain resistance to Chinese enterprises going to the world, we must admit that China's export commodities still lag behind developed countries in terms of quality and technology content.

Therefore, the most effective way to get rid of anti-dumping sticks is to continuously improve their own strength.

We should increase investment in science and technology and improve the technological content of products.

From the perspective of product structure, some of the products of China's exports are low in technology, mostly labor-intensive products.

Such as textiles, semi-finished products, etc., easy to import countries impression of dumping at low prices.

It is an urgent problem for Chinese enterprises to increase technology and R & D efforts and compete with international similar products with their own intellectual property rights, rather than price.

Wei Yafei, director of shoe making office of China Leather Association, believes that "technology is king" can be changed forever.

Formulate effective international marketing strategy.

Most of the export enterprises in China lack in-depth research and overall grasp of the international market. In the international market, they do not make overall marketing and own brands, and rely solely on the low price strategy to enter the international market.

Brand value added and other non price competition means are important weights in the current international market competition.

Chinese enterprises need strong brand strength to go out.

Wang Zhentao said, "made in China" basically exports products, but fails to achieve quality export and brand export, which is the soft file of antidumping.

Get out of the low zone of mutual bargain and disorderly competition.

General manager Miu Ren Jen Tan said that although anti-dumping is in the lead of EU trade protectionism, there are also shortcomings of Chinese enterprises themselves.

For example, there are old problems in pricing and bidding.

Over the years, at the Canton Fair and some international trade fairs, some Chinese enterprises have been competing with each other for low-end competition and disorderly competition. A pair of shoes has been quoted for 5 dollars, and some people have gone out to 4.8 yuan, eventually pressing down to 4.5 yuan or even lower.

Revelation two, dare to take responsibility, and actively respond to challenges.

When the EU began to impose a high anti-dumping duty on Chinese shoe enterprises, a large number of enterprises involved in the two thousand or three thousand Chinese shoe enterprises were in low spirits and their confidence was "bankrupt".

With the encouragement of the Ministry of Commerce and China Leather Association, at the beginning, 1000 private enterprises were willing to deal with and accept the EU anti-dumping investigation.

But later, many enterprises saw that the momentum was not good. They thought that the future was slim, the thought was pessimistic, they quit, willing to be beaten passively, and the enterprises that dare to cope were reduced from 1000 to 30, and then further reduced. Only 5 enterprises such as AOKANG really rebel against the lawsuit.

After the defeat of the first instance, 4 other companies hit hard and left the group, leaving only AOKANG fighting alone.

This phenomenon reflects the fear, evasion and omission mentality of Chinese enterprises in the face of unfair or unfair trade rulings. This is the "soft spot of confidence" for Chinese enterprises to participate in international market competition.

Now that AOKANG insists on litigation and wins, it shows directly to Chinese Enterprises: evasion and withdrawal will only cut off communication and communication with the outside world, and defeat ourselves, and create a false sense of success for those countries and organizations that set up trade barriers to protect their own interests. Only by carrying out legal weapons with confidence and responsibility can we safeguard the legitimate rights and interests of Chinese enterprises.

Revelation three, law first, "law brain" and "Shang brain" are used together.

China is a backward country in the world trade organization. Many Chinese enterprises are still rather unfamiliar with international trade rules and international laws and regulations, which makes many Chinese enterprises fall into a great passive position and provide an opportunity for unfair rulings abroad.

AOKANG legal proceedings

Partner, international trade and the head of WTO law business group, lawyer Pu Ling, analyzed that through many cases of international trade disputes, there is a clear difference between Chinese enterprises and western enterprises. The Western business philosophy is that the law should first go ahead, understand and engage in laws, regulations and rules of international trade, and then formulate business models within the framework of the law, and carry out business operation and competition.

Chinese enterprises often take the business as the first priority, and the business competition goes ahead. First, they should formulate business strategies and business models, carry out business and business competition all the time, and wait for problems and problems before they "cram" and look for the law "fire fighting".

He believes that if Chinese enterprises do not learn the rules of international trade game well, do not understand the laws and regulations of foreign countries, and do not study the potential traps of other parties, they will not be able to make a big loss.

"Chinese enterprises must learn from western enterprises and adjust the competition procedures. They must use two brains, turn left business into business mode and competition strategy, and turn right brain into law and regulation consciousness.

It is okay for an entrepreneur not to know the law, but first we must ask legal experts to help do "legal health care". Before we go out, we must first diagnose the legal experts and take precautions against them.

Pu Ling dust lawyer stressed.

Wang Zhentao, chairman of AOKANG company, believes that the key to the future is to be familiar with WTO rules and effectively participate in international market competition.

Export enterprises should be familiar with non discriminatory treatment, information notification and sharing, and protect the legitimate interests required by the export of enterprise products.

At the same time, those who have no scientific basis to support the standards and conformity assessment procedures, with obvious discriminatory measures, should take bilateral consultations, or resort to dispute settlement mechanism and other means to resolutely fight back.