AOKANG Wins PV Enterprises Or Can Take The Opportunity To Break Through
Experts believe that AOKANG's victory has weakened the pertinence of Chinese enterprises in international trade.
AOKANG's victory in the EU is not only a victory for the shoe industry, but also a victory for the shoe industry.
Chinese enterprises in dealing with anti-dumping cases
The milestone is only for today's courage to continue to fight for the photovoltaic industry.
AOKANG's Chinese attorney, Pu Wei, believed that AOKANG's victory in the EU high court not only solved the legal problems, but also found relevant legal basis for Chinese shoe enterprises to face anti-dumping trade disputes and other international trade disputes in the future, which provided a stronger legal guarantee for the internationalization of Chinese shoe enterprises.
"This is a shot in the arm for China's labor-intensive industries repeatedly subjected to protectionism and persecution."
First agricultural economic analyst Wang Qiang said.
Some analysts pointed out that, before the Chinese enterprises' dispute over EU anti-dumping, there were few cases of legal victory. The winning of AOKANG could not only provide reference for future shoe enterprises to face international trade disputes such as anti-dumping.
At the same time, it also has a certain exemplary role for domestic enterprises. Perhaps photovoltaic enterprises can learn and use them now.
Photovoltaic encounter double strike in Europe and America
In November 8th, China's photovoltaic enterprises encountered a double crisis.
Obama has just announced a successful re-election.
US Trade Arbitration Committee
Half a month ahead of schedule, the final outcome of the "double reverse" of China's photovoltaic products will be announced. With the approval of the US Department of Commerce, 6 votes are all in favour. It will impose an anti-dumping duty of 18.32% to 249.96% on China's crystalline silicon photovoltaic cells and components, and a countervailing duty of 14.78% to 15.97%.
This means that the United States has ended the "double counter case" of photovoltaic products in China.
As a compulsory respondent, Suntech Electric will be charged 31.73% anti-dumping duty and 14.78% countervailing duty; Trina Solar will be charged 18.32% anti-dumping duty and 15.97% countervailing duty; in order to avoid repeating the anti-dumping duty with countervailing duty, we will deduct 10.54% of the export subsidy, that is, the final consolidated tax rates of Suntech and Trina Solar are 35.97% and 23.75% respectively.
Other responding enterprises adopt an average tax rate of 30.66%.
In addition, 249.96% anti-dumping duties and 15.24% countervailing duties were levied on other Chinese PV products manufacturers without responding.
On the same day, the European Commission announced that it would launch countervailing investigations on the solar panels and its main components imported from China from now on.
Prior to that, its anti-dumping investigations on China's photovoltaic products are in progress.
A press release of the European Commission said on the same day that the European solar energy enterprise association lodged a complaint with the European Commission on 26 September, accusing the import of solar panels and their main components from China to benefit from unfair government subsidies.
In order to cope with the declining market share of photovoltaic enterprises in Europe and the United States, many ministries and commissions jointly issued documents to support the development of photovoltaic industry.
In November 10th, four ministries and commissions such as the Ministry of finance, Ministry of housing and urban rural development jointly issued "
Notice on organizing the application of golden sun and photoelectric building application demonstration project
(hereinafter referred to as "notice"), it will help the photovoltaic industry deeply stranded in the tension of capital chain and the "double anti" case.
According to the circular, the relevant competent departments will launch a number of demonstration projects by the end of this year on the basis of the demonstration project of the golden sun and the solar photovoltaic building application demonstration in the first half of this year.
According to Shenyang Wanguo [micro-blog] Securities Research Institute, it is estimated that the construction of photovoltaic will reach 6 Giga watts next year, which will increase by more than 200% compared to this year's scale.
This is obviously an important positive news after the winter of the photovoltaic industry.
For China's photovoltaic industry, the trend and adjustment of government subsidy policy is directly related to the rise and fall of the whole industry, and the government subsidy policy cannot be stopped because of "double opposition".
Enlightenment of AOKANG case to photovoltaic enterprises
Huo Jianguo, President of the Ministry of Commerce
Analysis of Ao Kang Sheng case
After that, as a brand enterprise, in response to such a challenge, its success has a positive impact on AOKANG's brand.
At the same time, it is worth our study to expose the problems of China's enterprises in the cases of responding to anti-dumping cases and the problems of European legal procedures, and we can learn a lot from it, and guide us in anti-dumping prosecution and anti-dumping work.
Wei Liang, Assistant Research Fellow of the world economic institute of China Institute of modern international relations, also believes that AOKANG's winning the lawsuit is of great reference to the future.
First of all, AOKANG's winning the lawsuit will help future enterprises to gain favorable progress in international trade disputes.
In the past ten or twenty years, when Chinese enterprises are faced with unfair or unfair trade rulings, they often suffer from inconsistency or simply refuse to do so.
Now AOKANG can stick to litigation and win, providing a measure and method for Chinese enterprises to solve international trade disputes.
Secondly, the long time cost of international litigation is very high. If it is difficult to make up for this cost, it is obvious that it is better to fight than to fight.
Under such circumstances, the victory of AOKANG is an inspiration for other enterprises.
Finally, the lawsuit will be a great reference for future enterprises to solve trade disputes, so that our enterprises can win back their due benefits.
These interests are not limited to AOKANG, not only confined to the footwear industry, but also form procedures and order. This will have a great reference for other enterprises to solve similar problems in the common law system in the future.
The latest issue of the Ministry of Commerce
Report on China's foreign trade situation (autumn 2012)
"China is the biggest victim of trade protectionism. In the first three quarters of this year, China's export products met 55 foreign trade relief surveys, an increase of 38%, involving an increase of nearly 24 billion 300 million times the amount of 24 billion 300 million dollars.
According to the world trade early warning project of the center for economic policy research of the think tank in Britain, 40% of the world's trade protectionism measures were directed against China since the outbreak of the international financial crisis in 2008.
The statistics from the Ministry of commerce also confirm the above report from the perspective of specific events.
In September, Peru launched anti-dumping investigations against ceramic glazed tiles from China. This is the second anti-dumping investigation launched by Latin America against China's ceramic industry after Argentina. In October 15th, Mexico filed a consultation request on China's textile and clothing subsidy policy under the WTO dispute settlement mechanism, accusing China of subsidizing textiles and clothing enterprises by way of partial income tax, value-added tax and local taxes.
Of course, it is very important for enterprises to take precautions against themselves in the anti-dumping investigation.
In the view of Huo Jianguo, early precaution is a good choice for Chinese enterprises to deal with anti-dumping.
"In other words, when the product enters the market, we must do a good job of laying the groundwork, especially in the high growth stage, and we must do a solid job.
How to rely on local distributors and how to rely on local legal institutions to help study the legal background, as long as they are aware, can prevent a product from being prosecuted finally.
Huo Jianguo said.
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