Taiwan's final ruling on benzoyl peroxide anti-dumping case against mainland China -- the only compa
Issuing time:2019-09-05 08:57
Under the premise of recognizing market economy status, if an item is sold for 10 yuan (normal price) in the mainland and 8 yuan in Taiwan, the dumping margin is 20%.On the contrary, if we assume that the price of the substitute country, the us market, is $20 as the reference frame of the normal price, then the dumping margin of the enterprise will be greatly increased.
Currently, Taiwan's Ministry of Finance has issued a final ruling against benzoyl peroxide from the mainland, imposing an anti-dumping duty of 4.73 percent on the sole respondent, jiangsu qiangsheng chemical co., LTD., while other non-respondent enterprises have been given an anti-dumping duty of 59.70 percent.It is worth mentioning that Taiwan has granted market economy pool status to powerful companies. This is the first case that Taiwan has granted market economy status to a mainland company since it initiated an anti-dumping investigation against a mainland company in 2005.
"One man" fight
On December 1, 2009, Taipei education enterprise co., LTD., application, "Treasury" in Taiwan to mainland imports of benzoyl peroxide (70% 80%) started anti-dumping investigation against strong chemical co., LTD. Is responsible for foreign trade in jiangsu things manager Chen told reporters, domestic production of benzoyl peroxide and exported to Taiwan there are a lot of enterprise, thus the anti-dumping and the surface is very big, but the specific amount involved is not clear.
Qiangsheng chemical received from China chamber of commerce of imports and exports of minmetals on the Taiwan anti-dumping investigation, immediately prepared materials to respond to the lawsuit.Only later did they learn that the industry had chosen only one company.
Acting this case party lawyer, lawyer ren yongzhong of Beijing deheng law firm talked to reporters about the reason for the analysis, the export volume of other enterprises is small, if the case should pay a greater cost, because of the choice not to Sue may be the decision made by the enterprise after weighing the benefits and gains and losses.
On February 1, 2010, Taiwan's ministry of economic affairs and trade commission established a preliminary determination of industry injury and submitted it to the Ministry of Finance to decide whether to impose provisional anti-dumping duties.
Market economy status struggle
Considering that strong private enterprises, equity structure is relatively single, renyongzhi lawyer decided to take the market economy status as a breakthrough, for enterprises to strive for a lower anti-dumping rate.
Ren yongzhong, a lawyer, said that the market economy status of China's impact is mainly reflected in the export of China's anti-dumping please check.If China has market economy status, the investigation will determine whether China's export price is reasonable based on our domestic price.
"Dumping can only be determined if the price returned is significantly higher than the export price. If we do not have market economy status, we often use the domestic price of a third country as an alternative to calculate the normal value of our returned products."Ren told reporters
Ren Yongzhong lawyer cited an example, on the premise of grant market economy status if it is a commodity to sell in mainland China 10 yuan (normal value), the bay 8 yuan, the dumping margin is 20%, on the contrary, if country to the United States market the price of 20 yuan for the normal value of the reference frame, the margin of dumping established in the enterprise will be greatly increased.
This shows, strive for market economy position economy position will tell significant to the enterprise.
Ren Yongzhong introduction, responses to team shares from government control and the degree of factors of production, pricing and output decisions of enterprises, employees flat Luo freedom degree and so on various aspects to collect evidence, to Taiwan, "the Treasury to provide conforms to the market economy status information, eventually make strong and its affiliates for market economy status that is Taiwan since 2005 anti-dumping investigations into the mainland, mainland Chinese companies for the first time in grant market economy status of the case
How is this case
In fact, strong enterprises did not appear in the list of enterprises involved in the case, the original intention of the enterprise to take the initiative was explained by manager Chen as "an opportunity to exercise".
Manager Chen said frankly, with the increase of China's chemical exports, enterprises encountered more and more international trade friction, single benzoyl peroxide, before the same anti-dumping.
Mr. Chan was referring to the Korean trade commission's 2007 anti-dumping investigation against imports of benzoyl peroxide from China.At the time, Hansol, a south Korean chemical company, filed an anti-dumping investigation, arguing that cheap sales of Chinese chemical catalysts in South Korea posed a threat to its own products.
But due to the lack of information, our company did not respond to the lawsuit in a timely manner."But this time, Mr. Chen said, qiangsheng did not miss the "opportunity" and successfully won Taiwan's recognition of market economy status.
In summing up the successful experience of this case, lawyer ren yongzhong told reporters that, first, after the release of the case information, the enterprise should make a quick decision and prepare for the lawsuit in a timely manner.The anti-dumping case response time is short the workload is huge, the earlier the decision response time is sufficient, to the enterprise will be more advantageous.
Secondly, under the guidance of lawyers, enterprises should, according to actual sales and financial data, calculate their "dumping plot rate" in advance, so as to make future litigation more targeted.
Thirdly, when choosing a lawyer, the enterprise must consider whether the lawyer has professional background in the field of trade economy, whether he has rich experience in responding to anti-dumping cases from non-market economy countries and good performance