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The Ministry of Commerce said on January 31 that China regrets that the WTO Appellate Body maintains a panel of experts that the GATT Article 20 cannot be applied to export tariff defenses. The reporter interviewed many people who have learned that since the emergence of the export restrictions in 2009, the supply and demand of nine kinds of raw materials such as bauxite, coke, manganese, yellow phosphorus, zinc, fluorite, magnesium, silicon metal and silicon carbide have changed greatly. After ruling on its exports, the market has limited impact. The next step that may be affected will be China's control of small metal exports such as rare earths, tungsten and antimony. After the ruling was issued, the European and American media also highlighted the impact on China's rare earth exports. Short-term negative impact limited The head of the Treaty Law Department of the Ministry of Commerce said on January 31 that China will seriously evaluate the WTO ruling and implement scientific management of resource products in accordance with WTO rules to achieve sustainable development. Industry experts interpret that the impact of the ruling depends on the actions taken by the Chinese government. But in the short run, if China lowers export tariffs and lifts export quotas, the negative impact will be limited. Lin Yang, chief analyst of Dongxing Securities Nonferrous Metals Industry, told the China Securities Journal that there is a huge demand for metals such as zinc, manganese, bauxite and magnesium in the country. Due to the global economic downturn, the demand for raw materials in Europe and the United States has not increased significantly. Once the government responds to the ruling, it will not stimulate rapid changes in supply and demand, and the impact on industry and enterprises will be limited in the short run. The impact that zinc will be affected is typical. Liu Bao, a basic metal analyst at Fubao Information, told the China Securities Journal that the 2011 Tariff Implementation Plan, which was implemented on January 1, 2011, only imposes 5% and 15% on 1# zinc and 2# zinc respectively. Tariffs, even if the WTO's trade ruling forces China to make concessions on export tariff licensing management, due to the sluggish downstream demand caused by the global economic downturn, the export and price of zinc raw materials will be limited in the short term. Exports such as bauxite are similar. Due to the huge domestic electrolytic aluminum production capacity, China's bauxite dependence is over 60%, and the export volume is extremely small. Therefore, the impact of the WTO ruling is very limited. “Tianshi Wenlu†aimed at the head of a multinational metal trading company in Beijing on January 31, told the China Securities Journal reporter that the industry generally believes that European and American countries will rely on the WTO ruling to “throw the stone†and take measures against China’s rare earth export control in the future. The possibility is great. According to reports, in the current economic situation, it is of little significance for European and American countries to make big fuss about export restrictions such as zinc and yellow phosphorus. When the dispute broke out in 2009, the price of rare earth was still at a low point. Today, the WTO made a ruling, and the price of rare earth has reached a historical high. The real meaning of the ruling is to "let the bullet fly" to the rare earth. The peripheral message confirms the above point. At the first time of the WTO's ruling, US trade officials told the US media that the ruling on China's raw material export restrictions lawsuit would help to take action against China's restrictions on rare earth exports; the UK economic media said that after the EU will ask China Relaxation of export restrictions on rare earth raw materials. In addition, the export of small metals such as tin, tungsten and antimony has also received attention. The first batch of export quotas for non-ferrous metals such as tungsten and antimony announced by the Ministry of Commerce in December last year showed that China’s first export quotas for tungsten were up to 11,400 tons, and the export quotas for antimony and tin products were respectively 33,500 tons and 1.08. Ten thousand tons. The “Twelfth Five-Year Development Plan for Nonferrous Metals Industry†issued by the Ministry of Industry and Information Technology recently pointed out that the demand for tin, antimony and magnesium in China will maintain strong growth in the next few years. The average annual demand growth rate during the “Twelfth Five-Year Plan†period is expected to be year-on-year. Increase by 5%, 9.3% and 10.2% respectively. The industry believes that in the context of strong demand, if export controls are loose, it may push prices of small metals such as tin and antimony higher. Foreign trade "war" continues to heat up It is understood that the WTO Trade Dispute Resolution Body will decide whether to adopt the opinion of the expert group within 30 days, and then China will submit a proposal for compliance. In recent years, trade frictions between China and European and American countries have been heating up, including a series of disputes between China v. US tire special protection case, China v. US poultry meat restriction measures, Sino-US audio-visual product dispute case, and China's raw material export restriction measures. Submitted to the WTO ruling. The problems faced by the Chinese and foreign trade environment are increasing. In response to the WTO Appellate Body's ruling that the GATT Article 20 cannot be applied to export tariff defenses, a senior legal expert told China Securities Journal that the reasons for restrictions on exports based on environmental protection or supply shortages are not unreasonable. In many WTO dispute resolution cases, if some measures are considered to be in conflict with the WTO commitments, the possible defense is to invoke the exception of Article 20 of the GATT. In the case of the WTO alone, the exception to the GATT Article 20 has a more stringent threshold. According to reports, in the case of China v. US “WTO disputes affecting the importation of Chinese meat productsâ€, the United States also cited the relevant defenses in Article 20 of the GATT.
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