The stone industry responds to anti-dumping: forming an industry advantage to cope with international competition

A thrilling cross-century anti-dumping response case has made us remember so much. After more than seven months of responding and fighting, on June 6, 2001, the complainant “EU International Natural Stone Industry Federation” sent a letter to the European Commission and withdrew the complaint. The European Commission proposed on June 12 and Decided to terminate the anti-dumping investigation procedure, to end anti-dumping duties, not to take anti-dumping measures, and to end anti-dumping investigations without tariffs, marking that China's stone industry has won a comprehensive victory in this anti-dumping. This is the largest in the building materials industry in China, and the first international “lawsuit” encountered in the Chinese stone industry. The “lawsuit” involved 40 million US dollars, involving 27 domestic enterprises. There are 17 enterprises in our province, and the export volume of Xiamen non-mineral companies is more than 8 million US dollars. This response not only saved the market, but also benefited the company from responding to the international "lawsuit".

Xiamen Non-Mineral Company of Fujian Province, Hui'an Xiexing Stone Company, Xiamen Stone Carving Factory and Xiamen Wanli Stone Company are respectively affiliated to state-owned, collective, Sino-foreign joint ventures and privately-owned four different systems. They refute the so-called anti-dumping with eloquent facts and conclusive evidence. The accusation won the "lawsuit." Reviewing the entire response process and summarizing lessons learned makes us deeply aware:

First, we must form the overall advantages of the industry, create a good industry norm, and respond to international market competition.
This time, the EU anti-dumping against my stone is organized and planned. The complainant is the European International Natural Stone Industry Association (EWRO-ROC), which represents some of the EU's stone industry and has a strong group. Due to the great potential of the EU stone market, China's exports have increased sharply in recent years, increasing at an annual rate of 30%, breaking the pattern of individual EU member states. This naturally led to the blame of some manufacturers in the EU. Although this anti-dumping has obtained information, the company was caught off guard at first. When Xiamen Non-Mine Mining Company learned from Brussels, it reported to the Provincial Economic and Trade Commission that the leadership took the initiative, and Deputy Director Zheng Songyan immediately deployed countermeasures with keen insight and advanced actions. Practice has made companies realize that it is difficult for individual companies to compete with the international market. Therefore, 14 companies participating in the responding preparation meeting in Beijing immediately requested a provincial stone association to form a strong industry advantage. Fujian Stone Industry Association, from the preparation to the establishment of the company, actively organized enterprises to deal with anti-dumping. The response to this case proved that our company has gradually adapted to international operations. It reflects the strong leadership, effective measures, industry synergy, and corporate cooperation to ensure the anti-dumping victory.

Second, earnestly respond to anti-dumping work, persist in perseverance, stubborn defense, and strive to argue
This EU related industry has planned this case for nearly a year and is very thorough. We received the information in early November and did not wait for our response. It was officially released on the 11th. It was Saturday, and the date of the replacement country was determined to be 20 days. There were 4 days of statutory holidays in 10 days. The response period was November 26, and It was Sunday, which was completely deliberate. Time is life, shopping malls such as the battlefield, once you miss the time, if you fail to submit all the documents and answers to the European Commission on time, it will be considered as non-cooperation and rejection. We also seized the opportunity in time, won the time, mastered the initiative, and identified the replacement country in just 10 days. At the same time, Xiamen Non-Mine Mining Company immediately proposed that there are many differences between us and the surrogate countries. The normal value of the products and the export prices are in fact incomparable, providing information on the alternative countries, Hong Kong and the domestic and international Export related information. The responding company defended from the non-dumping and applying for market economy status as a breakthrough. The Xiamen Non-Mineral Company has specially carried out the “No Injury Defense”, which demonstrates the export status of China's stone industry, output value and output, and proves the influx of EU stone into China. A lot of facts prove that my exports only account for 3% to 5% of the EU market, and it does not constitute harm to the industry. Xiamen Non-Mineral Company and Xiamen Wanli Stone Company set up an anti-dumping leading group. Each responding enterprise has organized a team of more than 10 people, which cost huge manpower, material resources and financial resources (each responding company costs 500,000 RMB) Overnight work overtime, to achieve production and anti-dumping work, both hands and two mistakes. Make the responding as soon as possible into the program, and passively beaten as a proactive response. The EU made an anti-dumping complaint against the abortion.

Third, in response to anti-dumping, it is necessary to "external" and "an", and it is necessary to change the mechanism and establish a modern enterprise system.

The stone industry is an export-oriented industry. With the accession to the WTO and the need for export, a sound export mechanism must be established. "Outside the squad" means directly responding to anti-dumping, mobilizing the enthusiasm of enterprises to respond to complaints, improving the ability of enterprises to respond to complaints, implementing relevant regulations, and gradually strengthening the monitoring of anti-dumping in key exporting countries and regions. In response to political discrimination abroad, we will accelerate the pace of reform of state-owned enterprises, change the "cold" predicament of state-owned enterprises' exports, and reduce the administrative intervention of various departments in the "national" enterprises. Enterprises should also practice "internal strength", standardize their own trade behaviors, strengthen industry self-discipline, and establish a normal and orderly competition order. This anti-dumping investigation is very cumbersome and even harsh, especially for state-owned and collective enterprises. For example, this time, we will investigate the source of collective assets of Xiamen Stone Carving Factory, but it is in line with legal procedures. To meet the needs of the international market, we must implement a comprehensive system engineering management system in accordance with international practice. So to:

1. Establish a sound internal management mechanism. All the company's operating export products, cost accounting, price determination, raw materials and labor costs have established complete information, indicating the source of the data and the source of the materials, and the original bills are complete and ready for inspection. For example, Xiamen Non-Mine is involved in the case of 8 million US dollars, and the business volume is more than 700. Each piece must provide complete data, including affiliated companies. The information provided for review is half a meter high.

2. To establish a accounting book audited according to international accounting standards. Including shareholders' investors, competent units, land use, production inputs, sales, investment price costs, market supply and demand, production costs, financial status, asset depreciation, debts, etc., should be handled in accordance with various economic regulations, corporate accounting must be objective, Relevance, comparability, consistency. The operation of the enterprise should be operated within the scope of the law, without its intervention, entering the market-oriented action, and whether the government subsidizes. These are the basic principles of the EU regarding the status of the market economy.

3. It is necessary to standardize foreign trade actions and consolidate existing markets. Prevent some enterprises from making a shot in one place in the export business. Once they are accused, they should actively respond to the lawsuit and be consistent with the outside world. If they do not appeal, it means that the default of unreasonable ruling means losing the market.

4. Rationalize the relationship between producers and exporters. Since the exporter is separated from the manufacturer, once an anti-dumping case arises, it must be closely coordinated, and the mind should go to one place and make it to the same place to share the responsibility for responding. No party can shirk its responsibility.

Fourth, learn to master the application of anti-dumping law, understand the basic truth that only responding to the market can save the market
After the 1990s, China became the biggest victim of anti-dumping in the world. It is not uncommon to have friction disputes in trade. In a certain sense, China has also expanded its exports. Every aspect of export involves legal issues, and large foreign companies have legal advisory teams ready to go to court. Therefore, enterprises must not only have quality awareness, price awareness, brand awareness, competition awareness, but also have legal awareness.

1. Have long-term mental preparation for anti-dumping. To change the psychology of fearing an international lawsuit is not to "death" but not to sue. The complainant can make a “absent judgment” and specifically stipulate the treatment of “non-cooperative company”, and can also use the so-called “best available information (BIA)” to directly decide the anti-dumping tax. These factors are extremely detrimental to the refusal.

2. The EU’s export to China is “one country, one tax”. Once lost, all Chinese products are subject to taxation. This is not only a business but a national interest. If the ruling or case is handled separately, only the responding enterprise is allowed to export, while others are exported through high tariffs. The refusal not only affects the responding enterprise, but also leads to the loss of the market.

3. The enterprises involved must respond to the case. The applicant conducts anti-dumping investigations on a country's products. The responding company's export volume to the prosecution country during the investigation period should reach a certain proportion of the country's total export volume to the prosecuting country during the same period. If only a small number of enterprises respond to the case, the proportion of exports is small, and the other party can also determine that the representation is insufficient and refuse to provide information.

4, should not complain about the situation that often occurs. If Chinese products are proposed to be anti-dumping in one country, other countries will see that they are not actively responding, and the market may be lost. Worried that a large number of products flooded into the domestic market, they also took preventive protection measures and carried out anti-dumping boycotts, which caused China's export products to be defended against each other. If the validity of the ruling is 5 years, after 5 years, the country's producers and anti-dumping departments think that they can be extended. After reviewing, they can be extended for another five years. It is easy to lose the market.

5. The principle of “who should appeal to who benefits” must be implemented. The corresponding litigation enterprise shall reward and designate export agents and other preferential policies. For enterprises that should not sue the enterprise, don’t make money, and contribute, and only want to win the ride, they should have penalties. It is necessary to introduce relevant policies through foreign trade, customs, industry associations and other departments, and the litigation costs should be included in the production costs of the enterprise.

6. Choose a lawyer. The success of most cases is inseparable from the careful preparation and defense of lawyers. It is necessary to choose a law firm that is familiar with the national conditions, is good at anti-dumping litigation business, has good reputation, has outstanding performance, and has reasonable fees. The lawyers can also choose the method of bidding.

V. Vigorously promote the policy of opening up reforms to China
It is necessary to use various institutions and news media to increase publicity, clarify China's market economy status, understand anti-dumping information, and collect information from relevant agencies to provide evidence for policy development and action. Therefore, we must actively make:

1. Promote China's market economy policy. To make it clear that China is no longer a planned economy, nor is it an era of "state control of the economy"; to criticize the so-called "non-market economy countries" and artificially look for "alternative economies" to calculate the fair prices of Chinese products;

2. The stone industry has long been a product of the market economy. The stone enterprises in our province are mainly private enterprises, with little investment, self-management, self-financing, and traditional hand-carved traditional crafts. The benefits of enterprises are not high, and there is no priority in foreign trade exports.

3. The stone industry is dominated by extensive labor-intensive. Because the labor cost is relatively low, especially the control of raw material extraction is not enough, the material price is cheap, foreign countries are not easy to understand, and it is easy to be accused of anti-dumping;

4. Be good at doing the communication and communication work of foreign agents and related industrial organizations. Establish a good relationship. The anti-dumping complaint, the relevant EU agents conducted mediation, lobbying, sympathy with us and gave great support and understanding. In the future, we should strengthen the study of the WTO dispute settlement mechanism.

6. Learn to apply the rights conferred by the anti-dumping law and raise self-protection weapons.
Anti-dumping is a legal system in which the internationally-imported importing government investigates and dumps anti-dumping duties on imported dumped products. It is a form of legality, is not easy to attract retaliation, and can effectively restrict the import of foreign products. We will understand and master anti-dumping weapons and counter foreign discriminatory anti-dumping measures.

1. “Dumping” refers to the fact that the same product of the same enterprise in one country is exported to other countries at a lower price than the domestic normal price, that is, the domestic price is higher than the export price. Under the current circumstances, the integrity of China's stone enterprises is not enough. Individual enterprises do not have the ability and strength to dump products abroad. This is an obvious weakness;

2. The “substitute country” is actually an unreasonable practice imposed by foreign countries. It regards China as a “non-market economy country” and applies the so-called “substitute country” or “analog country” system. It is uncertain, arbitrary and discriminatory. The analogous countries that generally appeal against my anti-dumping complaints are India, Thailand, Malaysia, etc. He does not use Chinese products to judge domestic costs and prices, resulting in the fact that the normal value of products in most dumping cases is in fact incomparable to the export price. Therefore, we should further understand and be familiar with these countries that may be substitute countries;

3. Master the use of anti-dumping weapons. Using the WTO trade rules, it arbitrarily refuted foreign unreasonable anti-dumping lawsuits, and appealed foreign products that hurt national interests, industry interests, and dumping behaviors, and safeguarded the interests of the industry and enterprises;

4. Some cases in Europe and America have arbitrary and discriminatory practices. Many countries and regions have put forward anti-dumping against foreign countries. They must be good at using laws and facts to defend and evade, and refute this anti-dumping trade protection.

7. Strengthen the management of export trade and accelerate the formulation of anti-dumping supporting regulations.

Continue to increase government negotiations, focus on the "market economy" status, comprehensively resolve foreign discriminatory practices, and establish a standardized and orderly export market. We will resolutely overcome and stop the behavior of “buying up prices, competing for price, and low-price competition”, striving to establish a product price commitment system with major exporting countries and regions, and create a good export environment.

1. Establish anti-dumping and warning mechanism to prevent problems before they occur. It is necessary to establish a special case-handling agency, carefully analyze the changes in the international market, carry out forecasting and tracking, and grasp the dynamics in a timely manner, so that the focus of anti-dumping work should be shifted from after-the-fact response to prevention beforehand. It is necessary to establish trust with customers through business activities, provide information to each other, and pay attention to business. Collection and feedback of intelligence;

2. Improve the industry's preventive ability and improve the rules and regulations. Establish a benign industrial coordination mechanism and establish an “anti-dumping response fund” or an “export risk fund” through industry associations. The government commissioned by the government to pay a small amount of funds according to the export volume of the enterprise as a special anti-dumping fund for the industry;

3. Guide and cooperate with relevant departments such as foreign trade and customs. The industry associations will issue and improve the export guidance prices, carry out unified quality, unify standards, and unify prices, do a good job in self-discipline and mutual law in various industries, coordinate the relationship between producers and exporters, control illegal exports, and maintain the normal order of exports;

4. The new policy of the EU against China against anti-dumping has its negligence and surface flexibility. To find out the real factors, look for positive factors in irrationality. To use the relevant laws and regulations of the European Union to avoid anti-dumping duties, the origin of the finished product or other countries that have not imposed anti-dumping duties may be used as the base of production or processing or the exporting company. Open barriers and enter the foreign market reasonably;

5. Vigorously adjust the product structure. Try to avoid the batch size of similar products is too large, do not see a certain product in the foreign marketable on the right side of the road, the supply exceeds demand, resulting in low prices, giving people a handle;

6. Strictly manage and utilize resources to prevent the predatory loss of resources. Foreign-invested mines should be strongly supported. At the same time, they must be strictly managed, plan and control from scale, equipment and mining methods, and limit mining and comprehensive utilization of famous and excellent varieties;

7. Stone enterprises should speed up the establishment of a modern enterprise system and enterprise restructuring. It is necessary to speed up the scientific and technological transformation of traditional industries, increase the degree of intensification, and establish large-scale multinational enterprise groups or joint-stock companies integrating mining, processing, trade, design and installation, accelerate the implementation of the strategy of going global and enhance the stone industry. The development of stamina.

In the country, China will soon join the WTO. We must conscientiously study and master the trade rules that are suitable for WTO, apply international practices, conduct production and trade according to internationalization and standardization, summarize successful experiences, and reflect on our current needs. The problem can be difficult to advance in the face of anti-dumping. It is not good to be disadvantageous, to be passive, to take the initiative, to turn bad things into good things, and to cope with the international market storms.

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