Cases

Eurasian Economic Union Launches Antidumping Investigation against Bulldozers from China

The Eurasian Economic Union (EEU for short) filed a case on July 2, 2014, to investigate the alleged dumping of bulldozers that were manufactured in China, and made an affirmative final determination over the case on November 12, 2015, in which it determined that the anti-dumping duty rates of the Chinese enterprises which responded to the investigation ranged from 9.65% to 44.65% and the national general duty rate was 44.65%. Vivian Wang, on behalf of the largest Chinese exporting producer, responded to such dumping investigation and filed the no-damage defense representing the entire industry in China. This was the first dumping investigation that was encountered byChina’s construction machinery products worldwide.

As the largest Chinese supplier in this case, Shantui Group saw over 10 of its affiliates involved in this case. In making response to the investigation, Vivian Wang and her team went to the enterprises to guide them to complete the anti-dumping questionnaire. After the questionnaire was submitted, the investigation organ set out another two supplementary questionnaires, and Vivian Wang worked closely with the involved enterprises to complete the questionnaire. At the stage of on-site inspection, Vivian Wang went to the involved enterprises in advance to guide and examine their readiness, help prepare materials and conduct model on-site inspection. Full preparation ensured smooth proceeding of formal on-site inspection. As the largest Chinese exporting supplier and primarily target in this case, Shantui Group was approved of a duty rate that was much lower than the general duty rate, successfully protecting its competitive advantages in the EEU market.

In terms of the no-damage defense representing the entire industry, Vivian Wang cooperated with China Chamber of Commerce for Import and Export of Machinery and Electronic Products and its member enterprises to actively collect enterprise data and industry information before finally filing a well-grounded powerful defense against the prosecutor’s charge. She accompanied the delegation of the Chinese Ministry of Commerce, local department of commerce, China Chamber of Commerce for Import and Export of Machinery and Electronic Products and its member enterprises toRussiafor a hearing, stated the opinions of the Chinese side to the investigating officials, and made a face-to-face defense of the Chinese side with the prosecutor. The written defense opinions and the hearing were well received, and the well-grounded no-damage defense of the entire industry protected the involved enterprises’ opportunity to fair treatment and helped them obtain the desired result. This case represents a successful practice in which the Chinese government, the chamber of commerce, enterprises and lawyers made joint effort and coordinated with one another. The experience in responding to the investigation in this case is of significance to the Chinese construction machinery in possible dumping investigation in the future, and to the Chinese industry and enterprises in responding to the dumping investigation which may be filed by the EEU in the future.


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