   China Drying Network News European Court announced on July 19 that the final judgment of the case against Zhejiang Xin'an Chemical Group v. EU glyphosate anti-dumping case. The European Court of Justice found that the EU’s final anti-dumping measures against Zhejiang Xin’an Chemical were invalid, and the European Council’s appeal request was completely rejected, and Chinese enterprises achieved the final victory of this case. The European Court ruled that just because a Chinese company was partially owned by the Chinese government did not prove that the company was operating in a market-oriented environment. The European Commission has to decide how much tariffs to be levied on imported products (if it is decided to collect them), it must be determined whether the relevant companies purchase and sell in a free market without government intervention. If it is determined to operate in such an environment, in terms of trade terms, it is to give enterprises "market economy treatment."
The person in charge of the Ministry of Commerce’s import and export fair trade department stated that the European Commission’s practice of abusing discretion and misapplying laws in trade remedy investigations has led to deviations in principle when using trade remedy measures. It is reported that the European Commission is also preparing to initiate an investigation of trade remedy on its own initiative. The Ministry of Commerce has urged the EU to be an important member of the WTO and should strictly abide by the WTO rules and avoid abuse of trade remedy measures to interfere with bilateral normal trade between China and the EU.
In a statement, the European Court of Justice stated that the Court’s announcement of “basic anti-dumping†does not exclude all types of government intervention in producer activities and only excludes explicit interventions in pricing, costs, and input decisions.
According to statistics, in February 2000, the European Commission imposed a 48% anti-dumping duty on Chinese anti-dumping measures against glyphosate production. In February 2003, during the review of the merger and sunset review, the European Commission decided in September 2004 to impose a 29.9% anti-dumping duty on glyphosate originating in China. Xinan Chemical sued to the European Court of First Instance in December 2004. On June 17, 2009, the Fourth Court of the European Court of First Instance handed down a verdict on the case and cancelled the final anti-dumping duty. The EU Council appealed to the High Court of the European Union on August 24, 2009 regarding the decision of the Fourth Court of the European Court of First Instance.
According to reports, when the European Commission investigates whether a company’s products are dumped on the European market, if a Chinese company is deemed to have been interfered by the government, then the company will almost certainly face the threat of paying higher tariffs, and for Chinese companies to claim themselves It is a claim that operates in a market economy that the European Commission usually does not accept.
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