For Chinese ceramics who struggle on the export front, 2018 is a heart-wrenching one.

year. On November 23, 2018, the European Commission issued an announcement on tiles originating in China.

The final review of the anti-dumping sunset review was made and the anti-dumping measures against the products involved were decided. Correct

For Chinese companies, this means that the road to exporting ceramic tiles to Europe is still difficult.

It is understood that the tile products made in Italy and Spain have always been known for their quality and design.

Leading the world's ceramic tile trend, is the object of the imitation of ceramic tile manufacturers in the world. Once had

According to industry insiders, Chinese ceramic tiles are weak in comprehensive competitiveness in the European market.

There is a big room for improvement in value-added, premium ability, product quality, etc.

The European market mainly relies on price to win. Ceramics is the "darling" of Chinese culture, why

In the anti-dumping campaign, it is in a dilemma? Chinese ceramic enterprises that are difficult to get out of the country by price should

Where to go?

"China Trade News" reporter specially invited Beijing Jincheng Tongda Law Firm senior partner Fu Xin

Analysis of the EU anti-dumping cases against Chinese ceramic tiles, explaining the Chinese enterprises for readers

The status quo of exporting to the European market.

case

On June 19, 2010, the European Commission issued a notice to decide on the production of European ceramic tiles.

The application of the Chamber of Commerce initiated an anti-dumping investigation against ceramic tile products originating in China.

On January 31, 2014, Guangdong Foshan Jianyi Ceramics Co., Ltd. and Gansu Qingyang Jianyi Tao

Application of Porcelain Co., Ltd., EU anti-dumping mid-term review of ceramic tiles originating in China

File investigation. The mid-term review revised the anti-dumping duties of four Chinese companies.

On September 13, 2016, the sunset review was officially opened. The applicant submits evidence to the European Commission and

It is pointed out that Chinese ceramic tile products are still exported to Europe at a large dumping price. EU porcelain

Although the brick industry has experienced a slow recovery during anti-dumping measures, it is still relatively fragile. because

Therefore, if this anti-dumping duty is stopped, dumping or damage will “relapse”.

On August 7, 2016, the Ministry of Commerce and China Minmetals Chemicals Import and Export Chamber of Commerce met with the European Union.

Representatives from all parties, and in September of that year, held a circular anti-dumping briefing and response work meeting

Discussion, nearly 200 companies participated in the meeting, determined the specific response strategy, and to the investigation machine

Submitting the responding registration and representative industry to participate in the sunset review investigation, submitted to the investigation authority

Initial defense opinions on behalf of the country.

In October 2016, China Minmetals Chemicals Import and Export Chamber of Commerce elected Chinese and European lawyers on behalf of the industry.

Chinese Beijing Jincheng Tongda Law Firm and Foreign Zhongda Law Firm represented the industry

Review at sunset and apply for mid-term review.

On November 22, 2017, the European Commission announced the final ruling and found that the current anti-dumping measures were maintained.

Shi.

The Jincheng Tongda trading team where Fuxin is located has represented the case throughout the whole process, and China Minmetals Chemicals Co., Ltd.

The exporters' association, the company, and the EU lawyer team jointly responded to this sunset review investigation. "Europe

The League also initiated an initial review and review of Chinese ceramic tile products.

Industry defense, there are also some well-known companies responding to the investigation alone, but overall responding

The results are not ideal. Fu Xin told reporters.

analysis

Fu Xin said that the main difficulty of the case is that the EU practice still pursues unilateral trade protectionism.

As a result, the Chinese industry has suffered a lot of unfair treatment in the process of responding to the lawsuit.

Article 15 related legal defense after expiration

Most of the investigation process of this sunset and mid-term review will take place in the China Accession Protocol.

After the expiration of Article 15, the case will have precedent effects in the EU anti-dumping investigation and

Can become the basis for the Chinese government to resolve the EU's market economy status in China at the WTO level

Sexual case.

Based on the above considerations, the lawyer team proposed the following defense points in this case:

First, after the expiration of the 15 articles, the European Commission has an obligation to immediately adopt the market economy method (in adoption).

Domestic sales and cost data of national enterprises) to determine the normal value of Chinese products.

Second, after the expiration of Article 15, the European Commission should not be limited to individual exhibitions that initiate applications.

In the mid-term review, the industry should be reviewed.

At the same time, it is believed that “fact-level changes” after the implementation of anti-dumping duties include but are not limited to

:

First, China's market economy status. After Article 15 of the China Accession Protocol expires,

From the perspective of the WTO law, the EU must recognize China as a country's overall market economy.

.

Second, China's ceramic tile industry. After the original investigation in 2010, China's ceramic tile industry

Completely transformed into a “market-oriented industry”, the industry is mainly composed of private enterprises, not

There are problems with government leadership or control.

Third, the EU's ceramic tile industry and market. EU's tiles after the original investigation in 2010

Substantial changes have taken place in the industry.

The EU ceramic tile market has been integrated, and the attractiveness of the EU market is not domestic sales or other

The country’s export market is large, and China’s original market share has been shared by other countries (especially East

European countries and Turkey, Brazil, India, etc.), and Chinese products and these countries

There is no price advantage compared to the product.

However, the European Commission did not adopt the above-mentioned defense opinions of the Chinese ceramic tile industry and insisted on adopting substitution.

The national method calculates the dumping margin of Chinese enterprises and leads to an increase in the dumping margin of Chinese responding companies