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According to the statistics of the China Minmetals Chemicals Import and Export Chamber of Commerce, as of mid-2004, foreign countries have filed 12 anti-dumping investigations on iron alloys for export to me, involving Si-Fe-Fe, Si-Fe, Mo-Fe and V-Fe. These cases were filed by six countries (regions) including the United States, the European Union, Japan, South Korea, India, and Indonesia (see the attached table for details). The earliest cases occurred in the early 1990s (Japan’s anti-dumping of silico-manganese in 1991 ) Most of the other cases occurred in the 1990s and there have been fewer cases concerning my ferroalloys in recent years. The amount of these cases directly involved in the case is about 500 million U.S. dollars. If we take into account the longer-term implementation of anti-dumping measures, anti-dumping abroad may affect my billion-dollar exports of ferro-alloys. If we include some products such as manganese, magnesium, and silicon, which are similar to the above-mentioned ferroalloys, the number of foreign anti-dumping cases will exceed 20. Under the organization of the China Minmetals Chemicals Import and Export Chamber of Commerce, domestic enterprises participated in most foreign anti-dumping cases. According to the current statistics of 7 cases, we have not yet won a single case in response to foreign anti-dumping cases against ferroalloy, but 6 of these 7 cases held the market, accounting for 86% of the cases. . Up to now, foreign countries are still implementing anti-dumping measures against China’s export of ferroalloys: the EU has applied me ferro-molybdenum, the United States has treated me with vanadium and iron, and silicon-manganese, and Korea has opposed me anti-dumping measures against silico-manganese. So far, there have been no cases involving ferroalloy safeguards, countervailing subsidies, and other foreign trade relief cases. Ferroalloys are China's Minmetals products that are subject to more foreign anti-dumping products. Among them, silicon-manganese is the single anti-dumping commodity, has been anti-dumped by the United States, Japan, the European Union, South Korea and Indonesia; followed by ferrosilicon, it has been anti-dumping by the United States, the European Union and India. Anti-dumping, anti-subsidy, safeguard measures and special safeguard measures (or 'specific transitional safeguards for specific commodities') are customarily referred to as international trade protection cases or "trade relief cases," in which anti-dumping is the most important case. form. According to the statistics of the WTO, the number of anti-dumping cases in international trade protection cases in recent years accounted for approximately 80% to 90% of all cases of trade protection. Anti-dumping is fundamentally a manifestation of the conflict of commercial interests between companies in different countries: Its fundamental purpose is to use importing countries’ enterprises to use legal weapons to exclude competition in imported products by requiring their governments to impose anti-dumping duties or impose other import restrictions on the products under investigation. Measures. In the face of foreign anti-dumping, China's ferroalloy companies deserve attention to the following issues: First, the issue of China's "market economy status" Recently, various sectors of the community and various domestic media are very concerned about China's "market economy status" issue, such as the recent refusal of the EU to recognize China completely. Market economy status, the United States held a hearing on China's market economy status, Singapore, Thailand and South Africa and other countries recognized that China's full market economy status has become the focus of attention of all sectors and industry. In fact, the issue of "market economy status" is a problem that arises from anti-dumping. To judge whether a product is dumped in a foreign market, the core issue is price comparison: Generally, if the export price of the product under investigation is lower than the domestic sales price of the product, it constitutes dumping. Of course, the above comparison must also be adjusted to make it comparable. However, in this price comparison process, Chinese companies often encounter a special problem, namely, China's "non-market economy status." At present, many countries still do not recognize that Chinese and Chinese companies are in line with the "market economy" rules and operate according to market economic rules. Therefore, when determining whether a Chinese product is dumped, it is not based on the actual domestic sales price or cost of the Chinese product. Instead, it uses the price of a so-called “substitute country†as the “normal value†of Chinese products, artificially leading to a large number of Chinese products. The case was ruled "dumped." In recent years, the Chinese government, industry organizations, and companies participating in responding have done a lot of work on the issue of market economy status. Some countries such as New Zealand, Singapore and Thailand have already recognized China’s full market economy status; Canada’s market economy against China The state of development has also made relevant amendments to its anti-dumping regulations. However, it seems that there are still many obstacles to the recognition of China’s “market economy status†on anti-dumping issues by major trading partners such as the United States and Europe. Judging from the views released by the United States and the European Union on the issue of China's market economy status in June 2004, we cannot yet be blindly optimistic about this issue. Another issue that needs attention is that, in actively striving for foreign recognition of my "market economy status," we must also pay attention to the possible "side effect" that it may bring, namely countervailing investigations. According to international prevailing rules, countervailing investigations can only be targeted at "market economy countries." Therefore, after China is recognized as a "market economy country," counter-subsidy cases against Chinese products will start from scratch. Recently, Canada filed a countervailing investigation on two products in China. Second, China's ferroalloy exports suffer foreign anti-dumping risk analysis In recent years, foreign anti-dumping cases against me ferroalloy products are few, there has been no protection measures and other trade protection cases, but we can not relax vigilance. The increase in domestic production capacity, the adjustment of the international and domestic iron and steel industries, and even the cooling of other factors may lead to a new round of anti-dumping against ferroalloys. Recently, the number of foreign anti-dumping cases against Chinese ferroalloys is mainly due to the influence of ferroalloy supply and demand in the international market for a period of time, especially due to the rapid growth of domestic steel industry and adjustment of product structure, the increase in demand for ferroalloys, and the international market is related to steel. The tight supply of raw materials and other reasons have caused ferroalloy supply and sales to flourish, prices have risen, and there have been market conditions that have not been seen for many years. This situation of “supply and sales booms†makes foreign anti-dumping risks relatively low. In addition, for some products, the original foreign anti-dumping measures have not yet failed (or prolonged the implementation period after the "sunrise review" program), so naturally there will be no anti-dumping, such as the EU to me molybdenum iron, Korea to me to silicomanganese Anti-dumping measures such as this are still being implemented. However, in the long run, the risk of ferroalloy encountering foreign anti-dumping should not be underestimated. The basis for making this judgment is: 1. The price of Chinese ferroalloy products is relatively low, and the price pressure on similar foreign products is greater. This is mainly due to the fact that China’s labor force and resources have a price advantage that results in lower product costs, and that investment in environmental protection and safety is often far less than foreign companies. 2. China's ferroalloy production is large and has a significant impact on the international market. It is considered by some countries as a potential threat. 3. The industrial concentration is not high, and low-level repeated construction will easily induce unhealthy competition in the export sector. The means of competition is often a simple price competition. In addition, the reason for the low value-added products is also one of the reasons for the low prices of Chinese products and their vulnerability to foreign anti-dumping. 4. Because some countries regard China as a non-market economy country, and adopt unfair practices such as “alternative countries†in the anti-dumping decisions on Chinese products, it is easy to use anti-dumping accusations to achieve the purpose of excluding Chinese products from the domestic market. However, when Chinese companies encounter foreign anti-dumping measures, they are often unable to actively participate in responding. This has stimulated production companies in other countries to use anti-dumping measures to restrict Chinese products. 5. Generally speaking, China is at a high incidence of anti-dumping abroad, and the number of anti-dumping cases has always topped the list of countries. Cases involving Chinese products account for 1/7 of the total number of anti-dumping cases in the world, which is much higher than that of Chinese products in international trade. Share of share. From 2001 to 2003, foreign anti-dumping investigations on Chinese products each year reached 47, 48 cases, the number of cases is up to 20% of the total number of international anti-dumping cases in the same period. Among the products involved in anti-dumping in foreign countries, primary processing products such as chemicals, hardware, and mineral products are the most exposed to such cases. This trend is estimated to remain for some time. Among the above-mentioned factors that are likely to induce foreign anti-dumping, there are common problems in the process of Chinese product exports, and there are also special reasons for Chinese ferroalloy products. As long as these conditions continue to exist, foreign anti-dumping measures on China's ferroalloy export products cannot disappear. In fact, the above problems in the Chinese ferroalloy industry may not be fundamentally changed in the short term. Therefore, we must not let the ferroalloy be warned of foreign anti-dumping due to the good momentum of the ferro-alloy market in the recent period. From April 2004, most ferroalloy market prices have fallen. In particular, the state adopted economic macro-control measures to prevent overheating of the economy, including tightening monetary policy and banning the illegal steel construction companies, which slowed down the domestic economic growth and led to a decline in domestic ferroalloy demand. In addition, due to the hot market in the ferroalloy market in 2003, many ferroalloy enterprises in China were stimulated to increase their production capacity. Some companies that had stopped production also gradually resumed production, making the supply of ferroalloys grow rapidly and there was a situation of oversupply. It can be imagined that as long as the fluctuation of the ferroalloy market is unavoidable, the risk of international anti-dumping or other trade protection cases is inevitable. Third, foreign anti-dumping has a great impact on China's ferroalloy exports, and must pay attention to anti-dumping warning work. The impact of foreign anti-dumping and other trade protection cases on Chinese ferroalloy enterprises may be "lethal." Since the late 1990s, the level of domestic enterprises' anti-dumping awareness on foreign countries has greatly increased. China Minmetals Chemicals Import and Export Chamber of Commerce in the process of responding to organizations involved in the case, most companies can actively participate in responding. However, we have also noticed that some companies have not yet fully realized that foreign anti-dumping may have a serious impact on this company. In particular, some manufacturers generally believe that anti-dumping is far from their own, even without clarifying what is anti-dumping. Easily give up responding and lose the market. In fact, for some companies, anti-dumping is likely to be "lethal." (1) The impact on the involved products, their production and export enterprises will be immediate. The direct consequence of an anti-dumping investigation may be the imposition of additional import tariffs on export products. The tax rate is often high, which will directly result in export obstruction; in addition, anti-dumping measures have a certain degree of abruptness. Some cases were investigated without the knowledge of the company. The time for companies to prepare and adjust their market strategies is not enough, and they are even caught off guard. This can also lead to more serious anti-dumping consequences. The implementation period of an anti-dumping measure is longer (usually 5 years, and can be prolonged to 10 years or even longer after review). Therefore, the impact on the export of enterprises is not only serious, but also long-term, and even leads to certain Chinese products have been completely squeezed out of a country’s market. (2) The chain reaction of anti-dumping. After a certain Chinese product is anti-dumped in one country, it is very likely that other countries will also initiate anti-dumping on the same product, especially if Chinese companies do not actively respond or respond poorly when they encounter the first anti-dumping case. It will stimulate producers of similar products in other countries to use anti-dumping measures to crowd out Chinese products. In some cases, other countries have taken anti-dumping measures against Chinese products in order to prevent the occurrence of “trade diversionâ€, that is, once Chinese products are anti-dumped by a certain country, they may be transferred to their home markets in large quantities and impact their industries. (3) The responding procedure is cumbersome, requires more manpower, and costs more. There are many uncertainties in responding to complaints - such as "market economy status" and "alternative country" issues. For those companies with a single product and a large dependence on exports, an anti-dumping measure may bring a "disaster" to the company. Some anti-dumping cases do not start from the main selling market, but if they are not taken seriously, they may also create a serious situation of “flowering everywhereâ€. Therefore, we should pay enough attention to the seriousness of anti-dumping, strive for early warning, prevent the occurrence of cases, or eliminate the case in the bud. 2. How to do a good job of anti-dumping warning The prevention of anti-dumping allegations should be based on investigation. For the major exporting countries (regions) of China's ferroalloy products, a forecasting and analysis system for the country’s production conditions, market consumption composition, and price changes should be gradually established to give early warning of possible trade disputes. Use importers to collect market information or hire lawyers to pay close attention to market dynamics and the country’s production enterprises’ reflections on Chinese exports. In particular, for those products that show signs of being sued abroad, appropriate countermeasures should be taken in time, such as reducing the number of exports. To increase export prices, if necessary, they can also visit groups and visit relevant organizations such as enterprises and associations so that the contradictions between the two parties can be resolved through consultation and anti-dumping investigations can be avoided as much as possible. For specific companies, the issues to be considered in judging the anti-dumping risks include: (1) The situation of foreign competitors From the perspective of the importing country, when the domestic industry is in poor condition, the importing country can easily use anti-dumping measures to protect the domestic industry. . What companies need to know are: the prices of the importing country's domestic market, changes in the market share of domestic products in China's products and importing countries, whether the industry in the importing country is under-employed, profits decline, inventory increase, and even a large number of employees are unemployed and factories are facing closures. . In many cases, the importing country industry complains about the impact of imported products before anti-dumping is initiated (such as publishing articles in the media, etc.), sometimes it directly finds Chinese related companies or industry organizations, and even makes comments or proposes to the Chinese government. Consultation request (this is often the case in anti-dumping cases against me in Japan and South Korea). In addition, before the formal prosecution, the prosecution may also learn some information (such as the channels of lawyers) through relevant channels, which all provide conditions for our early warning work. (2) The situation of the export of this enterprise and domestic product should pay attention to whether the export of the enterprise's goods in the short term is growing too fast and the price is low or declining (absolutely low price or relatively low price). In addition, the practices of other Chinese companies as well as some unregulated trade behaviors in the industry (such as low declarations, avoidance or absorption of anti-dumping duties in the case of existing anti-dumping measures, etc.) also deserve attention. (3) The influence of the overall political and economic environment of the importing country and other factors may also lead to the occurrence of trade protection cases. When the overall economic situation is good, there are relatively few anti-dumping cases; when the overall economic situation deteriorates, trade protectionism rises, and some foreign industries with depressed economic conditions may use imported products as “scapegoatsâ€. Fourth, actively respond to anti-dumping abroad 1. In the face of foreign anti-dumping, it should actively respond to the principle of active defense and tenacious defense. (1) The characteristics of anti-dumping cases determine that “not responding must inevitably lose the marketâ€; Anti-dumping is a legal action. If the accused party does not complain, the national government of the other party has the right to use the so-called “best available information†to directly decide, and this “best information†is often the data most unfavorable to us from the prosecution. . The result of the ruling will impose a high anti-dumping duty on the product being sued. Because, instead of v. it is "not to fight." This will lead to China's involvement in the product completely lost the country of the prosecution. At the same time, it is very likely to cause a chain reaction of anti-dumping accusations against the same product in other countries (regions), which will greatly reduce the international trading opportunities for this product. (2) How to look at the high cost of anti-dumping and anti-dumping charges; As with market risks and financial risks, anti-dumping is also a problem that may occur at any time in the trade process, and is the price to be paid for expanding exports and occupying other countries' markets. Do not think that it is "trade protectionism" when you hear about anti-dumping abroad. You should treat it with a sense of calm. Anti-dumping is not the investigation of the responsibility of Chinese companies, but rather the investigation into whether the products involved in the investigation can continue to be exported. The purpose of responding to anti-dumping is to protect the export market of their products. Therefore, the fees paid by the respondent should also be included in the company's market development. The cost of the expenses, and can not be completed as "extra expenses." (3) Responding to foreign anti-dumping may also give the company a competitive advantage. In recent years, more and more countries have given Chinese companies “adjudicative†treatment in anti-dumping investigations of Chinese products, that is, different responding companies may get different anti-dumping decisions, rather than all Chinese companies as in the past. It was ruled that a "unified tax rate", in a sense, gave Chinese respondent companies an opportunity to obtain export competitive advantage by responding. Some companies have seen and seized this opportunity to turn anti-dumping “bad things into good onesâ€. By actively participating in responding, they have obtained lower anti-dumping rates or even zero rates, while other competitors have not responded or responded to the results. Unsatisfactory loss of competition opportunities. In addition, after making anti-dumping rulings on my export products abroad, they can also apply for "respectively" awards through the application for reexamination, and reduce or cancel the anti-dumping tax rate by reviewing the suit. Such a practice of seeking reconsideration through the opportunity of reexamination can also enable companies to obtain better competition conditions than other companies when a certain product is anti-dumped abroad, and the company participates in the review and respond to the case and participates in the anti-dumping investigation. There can be more time for preparation. Because of these circumstances, the anti-dumping response can actually win the dominant position in export competition. In particular, for some products with more vicious competition in the export process, anti-dumping and responding may also be a kind of elimination of vicious competition and protection against A means of formal business. 2. Precaution of Specific Responding Procedure Cases - Prosecution (Registration) - Relevant Import and Export Chamber of Commerce Convenes Response Coordination Committee - Determination of Response Direction - Answering Questionnaire - Accepting Investigation Authorities Field Verification - Preliminary Ruling - Written Defence and Hearing - Final Determination - (late coordination) - (review). V. Attention should be paid to cases of foreign trade remedies other than anti-dumping. Cases of foreign special protection measures for exporting products to China (some countries refer to "transitional safeguard measures for specific goods" or "special protection" cases) and Anti-subsidy cases are from scratch, and there is the possibility of spread. Although there are no ferroalloy products involved in such cases at present, due to the fact that these two types of cases may have a greater impact on the export of our products than anti-dumping, it is worth the attention of enterprises. Such as "special protection" case, its biggest feature is the simple process, the restrictions on Chinese products is "immediately." As long as a WTO member company requires the restriction of Chinese products to protect its own (regional) industry, the government of the country (region) where it is located can initiate investigations and, after a relatively simple procedure, it can decide to impose tariffs or quotas on Chinese products. Restrictions and other restrictions on imports. The “special protection†measures do not need to prove that there are unfair trade practices in the export process of Chinese products, such as low-price dumping, as long as they prove that the Chinese products have caused “market disruption†to the importing country and that restrictions can be imposed on them. Another important feature of “special protection†is that it is only a measure for Chinese products, and there are no such provisions for other WTO members. Since China's accession to the WTO more than two years ago, members of the United States, the European Union, India, and Peru have launched "surveillance" investigations on 10 types of products. The total amount involved in the investigation is 325 million U.S. dollars, and some of these cases have begun to take measures. In anti-subsidy cases, although only two cases are currently still in the investigation stage and the results are difficult to predict, due to the policy of the relevant companies in the anti-subsidy case investigations that involve the types of companies in the region and the central government, they responded. It is very difficult and the results of the responding may have important implications for the trial of other cases in the future. 6. When necessary, anti-dumping weapons should be used to firmly safeguard the rights and interests of domestic industries. In the previous stage, domestic ferrochromium producers reported that ferrochromium from South Africa, India and other countries was dumped at a low price in China's market, which has caused the Chinese ferrochromium industry to damage. In response, domestic industries have actively prepared to use legal weapons to protect the interests of the industry.