How to solve the anti-dumping problem of photovoltaic enterprises in China?

With the continuous decline of the world economy, trade barriers have not only become the "killer weapon" for some countries to protect their own interests, but also become more and more types and scopes. Jiangsu exports, carried forward in the crazy containment.

Present situation and challenges

In the past May, photovoltaic enterprises in our province were shrouded in the biting cold wind. On June 8, 65438, the US Department of Commerce announced the preliminary results of the anti-dumping investigation on solar cell products in China. The enterprises involved in China are subject to temporary anti-dumping tax rates ranging from 3 1. 14% to 249.96%. The anti-dumping tax rate of Suntech, a leading photovoltaic enterprise in our province, is 3 1.22%, that of Trina Solar in Changzhou is 3 1. 14%, that of other responding enterprises is 3 1. 18%, and that of non-responding enterprises is 249.96%. Three months ago, Suntech was initially ruled that the countervailing duty rate was 2.9%, Trina Solar was 4.73%, and other enterprises were 3.6 1%.

"50% of the world's photovoltaic products come from China, 60% of China's production capacity is in Jiangsu, and the United States is the second largest export market for photovoltaic products in Jiangsu. The United States imposes such a high' double-reverse' punitive tax rate, which makes the price advantage of photovoltaic products exports in our province disappear. " The person in charge of the Fair Trade Bureau of the Provincial Department of Commerce said.

The experience of photovoltaic is not a case. In recent years, China has become the primary target country of international trade protectionism. 20 1 1, 94 cases of anti-dumping, countervailing and safeguard measures were encountered in our province, involving US$ 2.87 billion, involving enterprises 199 1 family. In the first quarter of this year, the province suffered 30 trade frictions of all kinds, involving 640 million US dollars, up by 150% and 120% respectively. Trade frictions spread from developed countries to developing countries, and penetrated from traditional industries to emerging industries. Some single industries are involved in various trade frictions between many countries. Following the "double opposition" investigation in the United States, the European Union, India and other countries are also planning to launch relevant investigations against me; After the stainless steel sink was investigated by Canada at the end of last year, it encountered the "double opposition" stick of the United States this year.

When an industry poses a threat to industries in other countries, it is an inevitable trend to set trade thresholds. According to industry insiders, with more and more "Made in Jiangsu" entering the international market, trade frictions will follow.

Quote one's own example to advise someone or explain something.

Sheyang Economic Development Zone, covering an area of 500 mu, Kang Jie Sweetener Science and Technology Park will be launched soon. An Lijun, general manager of Yancheng Kangjie Sucralose Manufacturing Company, said that in recent years, the company has been expanding production, and the demand in the international market is still in short supply. According to the plan, the Science Park will invest 654.38+0.2 billion yuan, and by 2065.438+08, it will increase the sucralose production capacity by 4,000 tons, making it a global industry leader. At the same time, the company stepped up the establishment of sales companies in the United States, Europe, Japan, India and other countries and regions, and established business relations with 90 countries and regions. Sheyang, with Kang Jie as the leader, develops characteristic industries of bio-food.

The rise of Kang Jie is remarkable. On April 6, 2007, the British sugar giant Taylor Company and its subsidiaries in the United States accused 25 companies around the world of infringing their five sucralose production patents in the United States, and demanded to start the "337 investigation". 13 of these enterprises are located in China, and Yancheng Kang Jie is not one of them. An Lijun said, "The general exclusion order applies to this case. Once the other party wins the case, all sucralose enterprises in China will withdraw from the US market. " Therefore, Yancheng Kang Jie volunteered to join the lawsuit as the third party. The road to responding to the lawsuit is long and complicated. Yancheng Kang Jie invited experts to be consultants in China and found a law firm in the United States to defend Microsoft. After 23 months of arduous negotiations and court proceedings costing more than 20 million yuan, Yancheng Kang Jie finally won the international lawsuit, becoming the first enterprise in China to take the initiative to respond to the "337 investigation" and win the case completely.

Win the lawsuit and open the big market. When Yancheng Kang Jie was founded, its production capacity was more than ten years behind its peers. Since responding to the lawsuit, as the only non-infringing production enterprise, it has expanded its market and focused on research and development. The content of sucralose produced now is 1.7 percentage points higher than the national standard, and the price is about 10% higher than that of peers, but the production cost is lower by more than 30%, ranking first in Asia and second in the world.

Like Yancheng and Kang Jie, many enterprises in our province use legal weapons to fight for their own interests. Nantong Medical Insurance is a small company with dozens of people. It won the case in less than six months in response to the US 337 investigation initiated by Cargill, the world's largest company. Yixing Xielian Biochemical Co., Ltd. won the low tax rate of 1. 1% in the 20 1 US anti-dumping review of citric acid against China, and became one of the two China enterprises in China that can enter the US market.

However, more enterprises in our province have suffered from international trade friction. A foreign trade company exports trolleys, which have been painstakingly operated in the EU market for many years, with an annual export volume of tens of millions of dollars. Because the anti-dumping investigation of the importing country failed, it had to leave in the face of anti-dumping duties as high as 46.7%.

Voice of government

When the trade friction is gradually normalized by small probability events, it is not only the basic skill necessary for export enterprises in our province, but also the important responsibility of government departments.

Chen Xiaomei, deputy director of the Provincial Department of Commerce, said that according to WTO rules, the government should play different roles in dealing with different types of trade frictions. Countervailing mainly refers to economic policies and institutional arrangements. The government is duty-bound to abide by the provisions of the WTO as much as possible, not to give orders, and to actively respond to the lawsuit. The "double opposition" investigation of American solar cell products in China has seriously affected the photovoltaic industry in our province. After entering the relevant procedures, the commercial department actively responded to the lawsuit, collected detailed factual basis, and specially hired government lawyers to fight for the rights and interests of enterprises, and the effect was better than expected. For anti-dumping, 337 investigation and other trade frictions, government departments should give full play to the guiding and coordinating role of enterprises, especially through industrial planning, horizontal communication and docking, strengthening early warning and personnel training. In recent years, our province has set up 28 trade friction warning points in leading export enterprises, related industry associations and export-concentrated areas, which effectively reduced the risk of trade friction.

expert opinion/advice

Xie Xiangyang, a senior partner of Gao Peng Law Firm Shanghai Branch, as a countervailing government lawyer hired by Jiangsu Provincial Department of Commerce, said: "When the mode of trade friction changes from anti-dumping investigation to' double opposition' investigation, we should attach great importance to the lethality of countervailing." He said that once the alleged project is found to have subsidies, it will have a negative impact on the application of China's macroeconomic policies and regulatory measures. Moreover, the projects ruled as subsidies will often become the evidence for the follow-up countervailing investigations in China and induce more countervailing investigations. In his view, in response to trade frictions under the new situation, more energy should be put on emerging industries. The government should strengthen macro guidance, create an early warning mechanism for overcapacity in emerging industries, and establish corresponding plans when formulating regional industrial planning, so as to give early warning once overcapacity occurs. From the enterprise's point of view, the fundamental way lies in the development and application of major key technologies and the use of the international advantages of the industry to win the leading position in the international market. At the same time, actively explore the domestic market.