China and the United States will negotiate to solv

2022-10-18
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China and the United States will negotiate to solve the problem of photovoltaic trade barriers under the framework of the WTO

recently, the United States, which has frequently raised the "double anti" stick against China's new energy products, has actually been "shouting and catching thieves"

after nine months of long and serious investigation, the Ministry of Commerce issued announcement No. 52 of 2012 (hereinafter referred to as "the announcement") on August 20, and finally determined that the six supporting policies and subsidy measures of renewable energy in the United States violated the relevant provisions of the WTO and constituted a trade barrier to the export of China's renewable energy products to the United States

according to the news obtained by this newspaper from relevant departments, China is likely to submit the final investigation results to the WTO for ruling in the next step, and under the framework of the WTO, China and the United States will negotiate to solve the trade barriers existing in the renewable energy policy of the United States. The Ministry of Commerce suggested that enterprises should make good use of the trade barrier investigation system to safeguard their legitimate rights and interests

According to the introduction, on November 25, 2011, at the application of the China Chamber of Commerce for the import and export of mechanical and electrical products and the new energy chamber of Commerce of the all China Federation of industry and commerce, the Ministry of Commerce launched a trade barrier investigation on the six supporting policies and subsidy measures of renewable energy in the United States in accordance with the provisions of the foreign trade law and the foreign trade barrier investigation rules of the Ministry of Commerce

after the Ministry of Commerce released the preliminary conclusions of the above survey on May 24 this year, the final conclusion of the Ministry of Commerce on the investigation of trade barriers on some supportive policies and subsidy measures for the renewable energy industry in the United States (hereinafter referred to as the "final conclusion") was officially released on August 20

this newspaper notes that the final conclusion shows that Washington "renewable energy production incentive project", Massachusetts "state solar rebate Project II", Ohio "wind power production and manufacturing incentive project", New Jersey "renewable energy incentive project", New Jersey "renewable energy manufacturing incentive project" The six investigated measures of California's "self generation incentive project" constitute the prohibited subsidies in Article 3 of the WTO Agreement on subsidies and countervailing measures to remove all obstacles in the pendulum strike circle of wood planking machines, which violates the relevant provisions of Article 3 of the WTO Agreement on subsidies and countervailing measures and Article 3 of the 1994 general agreement on Tariffs and trade, and distorts normal international trade, It constitutes a trade barrier to the export of China's renewable energy products to the United States

take the "renewable energy production incentive project" in Washington state of the United States as an example. In this project, the Washington state government has provided subsidies to individuals, enterprises and local governments that generate electricity through solar energy, wind energy or anaerobic biogas since July 2005, with a subsidy standard of US $0.15/kwh. At the same time, using solar panels made in Washington state to generate electricity, the incentive ratio is 2.4; Use solar or wind turbines equipped with inverters produced in Washington state, with a multiple of 1.2; Use equipment outside Washington State for power generation, with a multiple of 0.8, etc

China believes that the project provides incentives for the purchase of renewable energy products made in American States, which clearly deviates from the relevant provisions of the WTO in law, so the subsidy should be prohibited

It is worth noting that although the Ministry of Commerce said in the announcement that "relevant measures will be taken according to law, requiring the United States to cancel the contents of the investigated measures that are inconsistent with the relevant agreements of the World Trade Organization and give fair treatment to China's renewable energy products", it did not elaborate on this

in this regard, the person in charge of the China Chamber of Commerce for the import and export of mechanical and electrical products believes that the trade barrier investigation is different from the "double anti" investigation, which is difficult to confirm the harm caused by the export products of the target country to the industry of the sponsor country, and it is also difficult to take measures such as filing a lawsuit against it. "Therefore, the 'relevant measures' mentioned in the announcement of the Ministry of commerce are likely to submit the final findings to the WTO for ruling, and the two sides will negotiate and solve them within the framework of the WTO." The person in charge said to

for this point of view, this newspaper received a positive reply when calling and interviewing the relevant person in charge of the Fair Trade Bureau of the Ministry of Commerce. The person in charge also said that the above-mentioned solution to trade barriers under the WTO framework is only a possible measure in the future. The Ministry of Commerce will also make subsequent decisions based on domestic industrial needs and other considerations. There are many possibilities for specific measures, including launching a "double anti" investigation on the export of Chinese new energy products by the United States

in the view of an industry insider who has long paid attention to Sino US new energy trade disputes, according to practice, once a trade dispute occurs between the two countries, they will give priority to taking countermeasures according to the measures taken by the other party, and then take the initiative to always master the "trade war." therefore, the Ministry of commerce did not specify the possible follow-up measures in the announcement. " The insiders said to

in fact, the United States has implemented frequent "double anti" actions against China's clean energy products in the past six months: in March this year, the U.S. Department of Commerce preliminarily decided to impose a countervailing tariff of 2.9% - 4.73% on China's photovoltaic module products; In May, the preliminary ruling imposed an anti-dumping tariff of 31% - 250% on solar photovoltaic module products exported from China; In July, we made a preliminary ruling to impose an anti-dumping duty of 20.85% - 72.69% on the wind power produced in China

Xiao Han, a researcher in the new energy industry of CIC, believes that the final determination of the renewable energy policy of the United States by the Ministry of Commerce violates WTO regulations and will have a negative impact on both sides. A "lose lose" situation may be inevitable. "China and the United States are fighting openly and secretly in the field of renewable energy. The contradictions are gradually intensifying, and trade disputes appear. New energy enterprises have been seriously impacted, and their profitability has declined sharply. Whether they can protect themselves has become a top priority." Xiao Han is not without worry

Chinese enterprises should make good use of the trade barrier investigation system

it is reported that this is the second time that Chinese enterprises have tried to solve trade frictions through the trade barrier investigation system after the "anti barrier" leading case of laver exported from China to Japan. The aforementioned head of the Fair Trade Bureau of the Ministry of Commerce said that the barrier investigation system has become a new way for enterprises to solve export problems, and enterprises should be good at using it

the head of the fair trade bureau pointed out that through the trade barrier investigation, the Ministry of commerce can reflect the demands of enterprises to the target countries, so as to promote the settlement of export barriers of enterprises. The rules on the investigation of foreign trade barriers was officially implemented on March 1st, 2005. On April 22nd, 2004, the Ministry of Commerce launched a trade barrier investigation on Japanese laver import measures at the request of Jiangsu Laver Association, which became China's landmark leading trade barrier investigation case

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during the investigation, the Japanese government finally cancelled the discriminatory measures against Chinese dried laver, and made relevant commitments to solve the export problem of roasted laver to Japan, so that Chinese laver can return to the Japanese market. "The trade barrier investigation provides a platform for negotiation and communication between the two sides, which is a relatively mild solution." The person in charge said

according to the rules for the investigation of foreign trade barriers, (2) there is no corrosive medium around. If the measures or practices investigated are found to constitute trade barriers, the Ministry of Commerce may take further measures to require the United States to cancel the contents of the investigated measures that are inconsistent with the relevant agreements of the World Trade Organization and give fair treatment to China's renewable energy products. These measures include conducting bilateral consultations, launching multilateral dispute settlement mechanisms or other appropriate measures

"although there is no legal compulsion, this approach is very helpful for enterprises to 'go global'." The aforementioned person in charge suggested that enterprises should be good at using this means to safeguard their legitimate rights and interests. Zhonghua glass () Department

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