US anti-dumping case against diamond circular saw blades in China
September 18, 2018
On May 11th, China Chamber of Commerce for Import and Export of Mechanical and Electrical Products, China Stone Industry Association and China Machine Tool Industry Association superhard materials branch organized some enterprises to hold anti-dumping work conference in Shanghai. Ms. Liu Huijuan of the Law Department of the Chamber of Commerce introduced the basic situation of the institutions, basic procedures, measures and deadlines of the US anti-dumping investigation. Gao Xiangjun, director of the Legal Department, introduced some areas of legal attention and presided over the group discussion. More than 10 foreign-related law firms introduced the experience, success stories and strengths of anti-dumping litigation.
This is the first time that China's diamond industry has encountered anti-dumping cases, and most companies are very strange to this. Here are some reminders, please note:
1. The main reason for companies being sued is that they sell products below the cost price. Note that the cost price calculation here is very different from the enterprise's own calculation. It is based on the production factors of the product (such as: working hours, raw material consumption, energy consumption, etc.) multiplied by the unit price of the surrogate country (in this case, India). , plus fixed conversion management fees, profits, etc. The litigation data submitted by the US prosecution showed that our export to the United States was much lower than the normal cost, and the dumping margin reached 298.39%. That is, if the US Customs imposed a 298.39% tariff on Chinese products, it would not be dumped.
2. If the enterprise involved or the non-investigation enterprise should not sue, the products exported to the United States in the future shall be taxed at the highest rate after the ruling of the dumping case, that is, if the unindicted enterprise wants to export US products and enjoy lower tax rates in the future, it shall participate in the lawsuit. .
3. The relevant responding documents of the participating litigation enterprises should be filled out under the guidance of a lawyer.
4. The investigation timetable of this case (there are no strict restrictions at each stage, but the overall time is 12~18 months. If it exceeds 18 months, the anti-dumping measures will be automatically terminated)
On May 3, 2005, the US prosecution application was submitted to the Ministry of Commerce and the International Trade Commission on May 9. The International Trade Commission issued a questionnaire on May 23, and the Ministry of Commerce decided whether to file the case on May 25, the International Trade Commission hearing. On June 17, the International Trade Commission first ruling on July 9, the market economy and separate ruling applications ended on October 10, the Ministry of Commerce preliminary ruling in November, the Ministry of Commerce conducted field verification on December 13, the Ministry of Commerce hearing December On the 26th, the Ministry of Commerce announced the final ruling and anti-dumping tax rate on February 5, 2006. The International Trade Commission announced the final conclusion of industrial damage on February 12, 2006. The Ministry of Commerce issued here. We call on the vast number of domestic counterparts to unite and actively participate or support. Litigation, otherwise it will have a serious impact on the entire diamond industry in China and a major blow!
To participate in the litigation, please go to the "Commerce Notice" section of the Chamber of Commerce website to download the US survey question () and transfer it to the Chamber of Commerce on May 16, 2005 at 3 pm. Another news: The United States sued the original 9 companies, and later added 9 companies. The number of Chinese companies indicted was 23, and 30 companies were added (see the table below).
