Effect of the case in favor of fasteners: EU should impose a single low tax rate.

<P> "For many years the European Union on China to take measures unilaterally, the Chinese accepted. Now, this situation changed." China v. EU Anti-Dumping Measures in favor of fasteners, the long-term follow anti-dumping measures, Research Fellow, Department of Political Science, University of Antwerp .JappeEckhardt told this reporter. .</ P> <P> fastener case 10 years since China's WTO accession is the first time the EU's trade dispute with the resort to the World Trade Organization (WTO). .December 3, WTO Panel on "China v. EU Anti-Dumping Measures on fasteners," the report released ruling, clearly ruled that the European Union on China fasteners violation of anti-dumping measures taken by WTO rules, and further noted that the EU's "anti-dumping basic regulations" relating to " .individual tax rate "is inconsistent with WTO rules. .</ P> <P> This means that Chinese companies automatically get a separate tax rate, without special application to obtain, while the EU imposed last year on the unity of Chinese enterprises with high tax rates will automatically lapse. .</ P> <P> previous anti-dumping investigation procedures in the European Union, Chinese enterprises can only apply for and obtain a separate tax rate approved treatment, and vice versa was conscripted to unify all the anti-dumping duties. .</ P> <P> precedent with the case of fasteners, WTO Panel is likely to make the same conclusions similar to sue. .According to report, China v. the EU anti-dumping footwear, also referred to "separate rate" problem. .</ P> <P> the case of China Fasteners attorney PhilippeDeBaere interview with this reporter, said that China's victory in the case of anti-dumping system throughout the EU has an important influence, "This is a huge victory, which means that the EU will be more .Chinese exporters hard on anti-dumping duties imposed are too high. " .</ P> <P> EU WTO rules violate provisions of a separate tax rate </ P> <P> the case of fasteners, China concentrated firepower to the "single tax" provisions of the attack. .</ P> <P> EU anti-dumping rules in the "single tax" provisions, not granted market economy treatment to Chinese enterprises must comply with the terms set standards in order to separate the use of corporate tax rate of export prices, or will be charged .higher flat rate. .</ P> <P> PhilippeDeBaere explained that the European Union in the past all the Chinese exporters as a whole, finds its full control by the Chinese government. .According to the definition of the European Union, once the business from non-market economy country, is part of a collective, it can only have a unified tax rate. .In early 2009, the EU's decision on the fasteners, Chinese enterprises were unified collection of up to 87% of the anti-dumping duty for a period of 5 years. .</ P> <P> WTO Panel finds that the European Union on a separate special tax provisions inconsistent with WTO rules. .WTO Anti-Dumping Agreement requires cooperation of all companies surveyed, a separate calculation of the dumping margin. .The enterprise is the market economy status from the state, does not affect their access to individual tax rates. .China's accession to the WTO agreement did not agree with this special treatment. .</ P> <P> under the WTO ruling, the EU anti-dumping investigations in the future, we should charge for each separate tax rate of Chinese exporters, without a separate application for individual business tax treatment. .This will significantly reduce the overall average tax rate for China. .</ P> <P> "If the EU to make changes in accordance with the WTO ruling, the EU imposed on Chinese enterprises in the future too much like anti-dumping duties would be much more difficult", PhilippeDeBaere said. .</ P> <P> In addition, a flat tax does not apply to Brazil, the United States and other market economy countries, this also means that the WTO ruling will affect the EU in Vietnam, Cuba and other non-market economy country's anti-dumping investigations. .</ P> <P> EU or appeal </ P> <P> Chinese Ministry of Commerce of the WTO Panel's ruling, responded that a long time, the EU has been urging China's export enterprises in the anti-dumping in the proof of the EU's so-called "separate .tax rate "requirements, anti-dumping on Chinese companies a serious burden and unfair treatment. .</ P> <P> In fact, the EU importers and retailers on the European Commission also asked the Chinese enterprises to apply the provisions of a separate treatment dissatisfaction. ."It's the uncertainty of their means, they do not know which Chinese companies can get lower rates." .JappeEckhardt told reporters. .</ P> <P> but there are still large PhilippeDeBaere EU may be expected to appeal a decision on this, "because it is the EU anti-dumping system is an important challenge, of course, require the EU to defend." .In addition, the Lisbon Treaty enters into force, to change the basic anti-dumping regulations means that need to be approved by the European Parliament, "the Council may use this opportunity to go beyond the technical issues of anti-dumping, other trade issues to the European Commission pressure." .</ P> <P> under the WTO dispute settlement procedures, the two sides in the report of your findings within 60 days after the appeal. .Members of EU trade spokesman JohnClancy De Gucht said: "It is worth noting that this is only an intermediate process, because the EU or China can decide whether to appeal. So now unable to determine the impact of the award." </ .P> <P> footwear case will be affected </ P> <P> China and the EU is more common in the field of anti-dumping dispute is how to calculate the normal price. .In the anti-dumping investigations, a country export price lower than the normal price difference is known as dumping. .Normal price usually refers to conditions in the general trade exports than domestic sales prices of similar products. .But the EU did not grant China market economy status, so they have to replace the country export prices of similar products to confirm the normal price. .</ P> <P> PhilippeDeBaere told reporters in the case of fasteners, made in China, the EU has not recognized in the prosecution of the normal price of the issue, "We want to go step by step, and a separate tax rate is a more fundamental issue." .</ P> <P> the pace has begun. .October 2008, the EU anti-dumping measures on China shoes will launch the occasion of the expiry of the final review, and in December 22, 2009 decision to extend anti-dumping measures in 15 months. .February 4, 2010, the Chinese side to propose in the WTO dispute settlement mechanism under the request for consultations. .</ P> <P> According to report, mainly in the case of China proposed the "single tax" and the "normal price" on two issues. .In the case of fasteners under the precedents, WTO Panel is likely the case with shoes, in a separate tax issue reached the same conclusion. .</ P> <P> JappeEckhardt told reporters that China has become more positive and confident use of the multilateral trading system to protect their own interests, rather than in the past, Europe and America all the passive acceptance of trade remedy measures. .1999 to 2009, China had been 445 anti-dumping measures, for all WTO member countries initiated anti-dumping measures the sum of 24%. .</ P>.