The us international trade commission (ITC) announced on March 19 that it will terminate the investigation into the 337 case of carbon steel and alloy steel.The committee ruled that the plaintiff had to prove that the defendant had been harmed by his monopolistic conduct, and that because the plaintiff could not prove it, he was disqualified.So far, after three years, Chinese steel enterprises have won all three lawsuits in 337 cases of anti-monopoly investigation, theft of commercial secrets and fictitious origin, successfully protecting the steel export market of nearly 2.8 billion us dollars.
On May 26, 2016, the us international trade commission announced the launch of a 337 investigation into Chinese imports of carbon and alloy steel products.The charges, which cover almost all Chinese steel exports to the us, include 40 steel companies, including baosteel, shougang and angang, and all of China’s large backbone steel companies, unprecedented in the 337 us cases that have hit China.
It is reported that the investigation is aimed at the following three aspects of the allegations against China’s steel industry: one is that China’s steel companies in the organization of the China iron and steel association, the formation of a monopoly alliance, through the price alliance, control of production and export volume and other means, unfair competition with American steel companies, that is, anti-monopoly litigation point;The second charge is that the Chinese government used hackers to launch cyber attacks on us steel companies in 2010 and 2011, stealing trade secrets for China’s state-owned steel companies to develop advanced high-strength steel.The third is to accuse Chinese enterprises of fabricating the origin of products and transferring steel products from other countries to the United States in order to avoid anti-dumping and countervailing duty orders from the United States, namely fabricating the origin of goods.
The aggressive 337 investigation is a new trade restriction measure after the United States initiated “double countervailing measures” and safeguard measures against Chinese steel products.In its statement, the ITC said U.S. steel requested a permanent general exclusion order, limited exclusion order and injunction.A loss in any of the cases would mean Chinese steel products would be expelled from the U.S. market.More worrying, the knock-on effect of the loss could lead other governments to use trade diversion as a reason to impose further trade restrictions on Chinese steel products, in order to curb and crack down on China’s steel industry.In this way, China’s steel industry as a whole is bound to face a cold winter.In addition, a series of unfounded allegations could have serious negative effects on the image of the Chinese government and companies.
In the case of the 337 investigation, the ministry of commerce immediately informed the China iron and steel association and the enterprises involved, answered the questions of the enterprises about the products involved and the allegations from the us side, guided the association and the enterprises to sort out and evaluate the relevant legal facts and evidence, and encouraged the enterprises to take up legal weapons and actively carry out the response work.At the same time, the ministry of commerce has also made representations to the us through high-level visits, china-us strategic economic dialogue and other occasions to express its position and concerns on the case.In the course of responding to the lawsuit, the three false accusations made by the us against China mentioned above were shattered one by one.
In February 2017, the applicant of the case was forced to file a motion for the withdrawal of the complaint about stealing commercial secrets, and the ITC administrative judge ruled to terminate the investigation of the allegation.In November 2017, the ITC officially issued a decision to terminate the investigation of the complaint point by finding that Chinese enterprises did not act in a fictitious place of origin.On March 19, 2018, the ITC decided to terminate the investigation into the antitrust complaint.So far, the Chinese steel enterprises involved in the case in the three points of the case all win.
Post time: Mar-25-2019