When will the most flaming photovoltaic double ref

2022-07-29
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When will the photovoltaic "double reverse" stop

"we have been negotiating with the United States intermittently for more than a year, and we are exhausted. However, we will continue to work hard to provide non-governmental support for the Sino US photovoltaic 'double anti' game and safeguard the interests of export enterprises through multi legged walking." Recently, wangguiqing, vice president of China Chamber of Commerce for import and export of mechanical and electrical products, said in a meeting with Liu overtime, Vice Minister of the Legal Affairs Department of the China Council for the promotion of international trade. We have been negotiating with the United States on and off for more than a year, and we are exhausted. However, we will continue to work hard to provide non-governmental support for the Sino US photovoltaic double anti game and safeguard the interests of export enterprises through multi legged walking. Recently, wangguiqing, vice president of China Chamber of Commerce for import and export of mechanical and electrical products, said in a meeting with Liu overtime, Vice Minister of the Legal Affairs Department of the China Council for the promotion of international trade. As for the specific contents of the negotiation, Caiming, legal service department of China Chamber of Commerce for the import and export of mechanical and electrical products, said in an interview that it was inconvenient to disclose them because of the confidentiality of the negotiation

in recent years, not only the United States, but also the European Union, India, Australia, Canada and Turkey have continuously launched double anti investigation against China. Fudonghui, a lawyer of jintiancheng (Beijing) law firm, said that compared with other countries, China's photovoltaic industry has complete scale effect and industrial supporting facilities, and the product cost performance is the best. Under the background of the concept of green energy, all countries are encouraging the development of their own photovoltaic industry. On the one hand, governments of various countries rely on industrial policies and subsidy policies to support the development of photovoltaic products industry in various countries and form fierce competition in the international market. On the other hand, countries and regions such as the United States and Europe resist the import of photovoltaic products with trade remedies to protect domestic industries. It can be said that the export of China's photovoltaic products has been challenged by the most serious anti-dumping and countervailing investigations in history

frictions continue to win and lose

trade disputes in China's photovoltaic industry have continued since 2016, when damaged instruments and equipment should be inspected by professionals in the equipment center. Li Ye, a lawyer of jintiancheng (Beijing) law firm, introduced that in 2011, the United States took the lead in launching a double anti-dumping investigation against Chinese photovoltaic products. Chinese photovoltaic enterprises actively fought against it and effectively applied trade remedy rules. Finally, the anti-dumping duties were limited to photovoltaic products assembled with cells of Chinese origin, and photovoltaic products assembled in China with cells of third country origin were excluded from the investigated products. For this reason, the U.S. photovoltaic industry later appealed and launched the second double anti investigation, which finally blocked the possibility of using third country cells to assemble photovoltaic products for export to the United States. Li Ye said that this investigation is only aimed at photovoltaic products assembled in China with batteries from a third country, which is higher than the first double reverse investigation

so far, the EU photovoltaic anti-dumping case against China is still the largest trade remedy case in the world. At that time, the export value of China's photovoltaic products to the EU reached US $25billion, which was larger than the total value of the EU's double anti-dumping investigation against China. Fudonghui said that fortunately, China's photovoltaic industry is poised to face the challenge again. Thanks to the efforts of the Ministry of Commerce, the chamber of Commerce for machinery and electronics, the industry and lawyers, which can also provide the most effective impetus for the development of various industries, China won the fifth price commitment in the EU double anti dumping case of this century in 2013. Although China's exports to the EU obviously constitute a reduction in the agile supply chain that determines production by sales, it still retains the important market of the EU and opens a new win-win situation for China EU trade remedy cooperation

since then, China's photovoltaic industry has continued to face the anti-dumping investigations of photovoltaic products from India, Australia and Canada, and finally achieved the result of tax-free settlement in India and Australia

according to fudonghui's analysis, China's photovoltaic industry has won, lost, and won a win-win situation. Our success mainly depends on the skillful application of trade remedy rules. For failed cases, we can often find that the investigating authority has violated the rules. Therefore, Chinese photovoltaic enterprises should take the use of WTO rules to safeguard their own rights and interests as a long-term work, and actively challenge the practice of abusing the rules, including requesting the Ministry of Commerce to file a lawsuit with the WTO dispute settlement mechanism, or filing a lawsuit with the local court of the importing country

self improvement and positive response

as for the recent Sino US photovoltaic trade situation, Li Ye analyzed that through the annual review, the double anti tax rates in the United States are changing every year, and Chinese enterprises still maintain a certain amount of exports. In addition, China's major photovoltaic enterprises basically build factories overseas, or export to the United States through overseas OEM enterprises, which basically solves the obstacle of double anti tax. This is a feasible way for China's industry to deal with international trade relief in the long term. The condition is that the enterprise must have the scale strength and the ability of transnational operation

jintiancheng (Beijing) law firm once acted as an agent for the sample enterprises of countervailing investigation in the second round of annual administrative review of the first photovoltaic product double counterclaim case in the United States. In the review and investigation, the investigating officials of the US Department of Commerce abused the external reference benchmark, adopted the non photovoltaic glass price 4.5 times higher than the normal international market price, and calculated the subsidy rate of China's photovoltaic products lower than the fair market price, resulting in a 19% countervailing tax rate. Li Ye disclosed that this is because 95% of the GTA global Customs Statistics Prices adopted by the U.S. Department of commerce are glass products other than photovoltaic glass, which is 4.5 times higher than the international market price reported by his provided by China. According to China's successful experience in the WTO dispute fastener case, there is no suspense for us to win this case in the WTO. We should have greater courage to use the WTO dispute mechanism to safeguard the legitimate rights of Chinese enterprises in international trade. Said Li Ye

fudonghui suggested that the government should also establish legal procedures as soon as possible to establish an archive of the problems and practices of international abuse of trade remedy rules, so that Chinese enterprises damaged by international disputes can make a request to the competent authorities to appeal to the WTO in accordance with the law

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