2011-12-14  Notice No. 84 of 2011 
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  Implement anti-dumping and countervailing measures against United States auto

Under the "anti-dumping" and "Anti-Subsidy Regulations of the PRC" requirement, May 5, 2011, the Commerce Department published "on the origin of some of the imported cars in the United States anti-dumping anti-subsidy investigation that the final determination." (Ministry of Commerce Notice No. 20 of 2011), ruled in the case of the survey period, originating in the United States, displacement of 2.5 liters of imported cars and sport utility vehicles ƒXƒ|[ƒc—p‘½–Ú“IŽÔ(hereinafter referred to as the investigated products) dumping and subsidies, China's domestic displacement of 2.5 liters of cars and off-road vehicle industry has been substantial damage, and dumping, subsidies and the causal relationship between the material injury.

First, the anti-dumping duties and countervailing duties

Under the "anti-dumping" and "Anti-Subsidy Regulations of the PRC," the relevant provisions of the Ministry of Commerce of the State Council Tariff Commission to impose anti-dumping countervailing duty, the State Council Tariff Commission under the Ministry of Commerce of the proposed decision, by the Ministry of Commerce Announcement No. 20 of 2011 as stated in the product under investigation and the scope of investigation, the final ruling from the dumping margin and the final ruling to impose anti-dumping rate of price subsidies and countervailing duties, the implementation period of 2 years from December 15, 2011 played December 14, 2013 only.
 

  anti-dumping  countervailing
          duty
General Motors 8.9% 12.9%
Chrysler 8.8% 6.2%
Mercedes - Benz 2.7%  0%
BMW 2.0%  0%
Honda of America 4.1%  0%
others 21.5%  12.9%

Currently, China imposes tariffs of 25 percent on imported passenger vehicles.

Second, anti-dumping duties and countervailing duties methods

Since December 15, 2011, the import operator imports originating in the United States, displacement of 2.5 liters of imported cars and sport utility vehicles, China Customs shall pay the corresponding anti-dumping duties and countervailing duties. Anti-dumping duties and countervailing duties paid to Customs examination of the price from the taxable value, calculated as follows: anti-dumping duty = price after customs duty ~ anti-dumping duties, countervailing duty = price after customs duty ~ countervailing duty rate. Import VAT paid to Customs examination of the price plus customs duties, anti-dumping duties and countervailing duties, as the price of ad valorem tax.

Third, the anti-dumping duties and countervailing duties be levied retroactively

On December 15, 2011 imports of the investigated products are no longer retrospective anti-dumping duties and countervailing duties.

Fourth, the review

In the countervailing duty imposed anti-dumping duties during the relevant stakeholders according to the "Anti-dumping Regulations of the PRC" and "Anti-Subsidy Regulations of the PRC," the relevant provisions of a written application to the investigating authorities to review.

Fifth, administrative reconsideration and administrative litigation

Of the anti-dumping duties and countervailing duties against the decision, under the "anti-dumping" Article 53 and the "Anti-Subsidy Regulations of the PRC," the provisions of Article 52 can apply for administrative reconsideration according to law the people's court proceedings.

Sixth, the announcement from December 15, 2011 implementation date.

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2011-12-15 China Daily

US auto imports face anti-dumping duties

Anti-dumping and anti-subsidy duties will be placed on vehicle imports from the United States for two years, the Ministry of Commerce said on Wednesday.

The move is in accordance with domestic legislation and the World Trade Organization (WTO) rules, and shows China is finally learning how to protect its interests under international trade rules, analysts said.

The ministry said in a statement on its website that it will start to impose taxes on cars and sports-utility vehicles made in the US with an engine capacity of more than 2.5 liters, from Dec 15, 2011 to Dec 14, 2013.

"US vehicles benefiting from subsidies and dumping on the China market have substantially damaged China's auto industry," the statement said.

General Motors and Chrysler will be affected most by the duties.

Anti-dumping duties on GM vehicles will stand at 8.9 percent and at 8.8 percent for Chrysler vehicles.

GM vehicles will also face anti-subsidy duties of 12.9 percent while Chrysler vehicles will face 6.2 percent anti-subsidy duties.

US units of German automaker BMW and Mercedes-Benz will also be hit by duties of 2.0 percent and 2.7 percent, respectively, according to the statement.

Currently, China imposes tariffs of 25 percent on imported passenger vehicles.

Zhou Shijian, a senior expert on China-US trade from Tsinghua University, said that the move is a "proper and equal" counterattack to US trade investigations aimed at China.

"It's reasonable self-defense for China," Zhou said as he cited the US targeting imports of Chinese tires with massive duties in 2009.

"An eye for an eye is a sound way for China to face trade disputes with the US under WTO regulations."

The Obama administration imposed a 35-percent anti-dumping tariff on imported tires from China valued at about $1.8 billion, over three years. It will result in cutting China's tire exports to the US by more than 50 percent, and lead to possibly 100,000 job losses in China's domestic tire industry.

Li Zhongzhou, a former official from the Ministry of Commerce and a WTO expert from the EU-China Trade Project, also said that "China should strike back in its own good time as the US always stirs up investigations targeting China by routinely using trade remedy measures".

And "it's good to see that China has learnt to better use trade regulations to protect itself and respond to trade challenges", Zhou said.

However, Zhong Shi, an independent auto analyst based in Beijing, said that the duties will have a limited impact on US vehicle exports to China. GM Cadillac models do not have a large market share while Chrysler doesn't do much business in China, Zhong said.

GM's import volume is less than half of one percent of its domestic production in China, a company statement said on Wednesday.

"It's more of a signal that China is exerting pressure on US trade protectionist moves," Zhong said.

China imported 905,000 vehicles up to the end of November, year-on-year growth of 31 percent. Imports for the year are expected to pass the million mark. European automakers dominate the segment with about 60 percent market share.


 

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