[China Glass Network] The World Trade Organization (WTO) issued a ruling on the 15th that the EU’s anti-dumping measures against carbon steel fasteners imported from China violated WTO rules.
The WTO Appellate Body ruled that the EU's measures to limit the entry of Chinese carbon steel fasteners into the European market were “insufficient evidenceâ€. Carbon steel fasteners such as screws, nuts and bolts are widely used in the construction and automotive industries.
The reason for the EU to impose anti-dumping tariffs on carbon steel fasteners imported from China is that, in accordance with EU law, countries that are identified as non-market economy will consider the entire industry of their export products when they become anti-dumping targets, regardless of individual Business. The EU believes that if the relevant companies cannot prove that they are operating outside the influence of the state, they will be treated as a single exporter. In accordance with the Anti-Dumping Agreement, this has become the reason for the EU to protect “affected producers†who are “significantly proportioned†among producers of similar products in the region.
However, the WTO Appellate Body believes that the EU cannot prove that the affected producers (about 27% of carbon steel fastener producers) can be identified as “a significant proportionâ€.
This ruling is significant because it is the first time the WTO does not support the EU's anti-dumping measures against non-market economies.
The WTO Appellate Body also pointed out that the EU did not provide timely information on the category of target products with anti-dumping duties. This information is essential for Chinese producers to defend themselves. This practice of the EU “is also inconsistent with the relevant obligations under the Anti-Dumping Agreementâ€. The WTO Appellate Body pointed out that the anti-dumping agreement stipulates that countries should provide relevant information necessary for fair price comparison before adopting anti-dumping measures. A diplomat familiar with the WTO dispute settlement process pointed out: "This is China's victory."
This case originated in 2009. China believes that the EU's tariffs on related products do not comply with the relevant provisions of the GATT, the Anti-Dumping Agreement and the China Protocol on Accession to the WTO, and require the establishment of a special group to investigate. .
In December last year, the special group found that China won, and believed that the EU authorities violated the relevant provisions of the Anti-Dumping Agreement in determining the normal price of dumped products.
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