Which lasted 10 months, the Chinese steel industry suffered the first 337 investigation has all the preliminary termination.
February 23, the Chinese Ministry of Commerce website published a message, according to the withdrawal of the US steel company motion, the US International Trade Commission (ITC) administrative judge issued a preliminary ruling (Decree No. 56), the termination of China’s carbon steel and alloy steel 337 investigation Investigation of allegations of trade secrets. It is expected that ITC will make a final decision to terminate the investigation within 30 days. At this point, the United States for the Chinese steel 337 investigation ended.
Earlier local time on February 15, the US steel company issued a statement saying it is withdrawing against the Chinese hackers steal their high-tech steel key formula litigation. Although the US steel company also said it would continue to promote the Chinese manufacturers in violation of the provisions of the anti-monopoly, through a third country to send all kinds of steel products to avoid tariffs allegations, and retain the right to re-bring the Internet theft lawsuit, but the withdrawal of the proceedings Showing that it is currently frustrated.
For the 337 investigation, the Chinese Ministry of Commerce has filed the case the next day after the document said that the United States unprecedented for China’s iron and steel products launched 337 investigation, with a clear “trade protectionism” color, the Chinese side expressed strong opposition and strong dissatisfied. China’s Ministry of Commerce believes that the US side of the Chinese steel launched 337 investigation, its application and allegations “no factual basis.”
April 26, 2016, the US steel company to the US International Trade Commission to investigate applications for China’s exports to the United States carbon steel and alloy steel products filed 337 investigation. 1 month later, the US International Trade Commission announced the Baosteel, Wuhan Iron and Steel, Anshan Iron and Steel, Shougang, a total of 40 Chinese steel enterprises officially launched 337 investigation. 40 steel enterprises were accused of different, some three are involved, some involved.
It is noteworthy that, once the 337 investigation is established, China’s related steel products will face a permanent ban on the US situation. In addition, China’s steel enterprises once lost, China’s other steel products may also be faced with the possibility of being investigated, other countries outside the United States may also follow the example of the United States.
American Steel’s allegations at the time included three items: first, conspiracy to price, and manipulate production and export volume. Second, the occupation and illegal use of American steel company’s trade secrets. Third, the use of false origin and manufacturer logo. American Steel also claims that the above-mentioned behavior of Chinese steel companies has led to a rise in US steel companies’ serious losses and unemployment, which constitute damage or damage to US domestic industry.
However, it now appears that the US steel companies on the Chinese steel industry allegations have all come to nothing. With the termination of the investigation of allegations of trade secrets, the US International Trade Commission has now terminated all investigations into the three charges.
In November 2016, the US International Trade Commission administrative judge made a preliminary ruling that the US applicant failed to prove in accordance with the requirements of the US antitrust laws to bear the monopoly of the damage, nor failed to provide evidence of predatory pricing occurred in the factual evidence , So decided to terminate the first survey.
Then in January 2017, the United States International Trade Commission, on the ground of lack of direct evidence, terminated the investigation of the third allegation, that is, the allegations of forgery of origin. In the dismissal statement mentioned that Chinese steel producers “through the re-export trade, change the certificate of origin, illegal to avoid US anti-dumping duties and countervailing duties.” However, the petitioner (American Steel) did not provide any evidence to prove that Chinese steelmakers faked the origin.
Of course, Chinese steel companies need to wait for the final outcome of the US International Trade Commission and the final decision of the President of the United States.
The so-called 337 survey, based on the current US 1930 Tariff Act, Section 1337 (originally known as Section 337 for Article 337). The US International Trade Commission conducts this investigation to prohibit any unfair competition or any unfair trade in exports to the United States, in particular the protection of US intellectual property rights from infringement of imported products.
In practice, the 337 survey has become one of the important means of trade protection in the United States. According to statistics, China has for 13 consecutive years to become the most involved in the investigation of 337 countries. From 2007 to April 2016, the United States launched a total of 337 investigations from 397, of which up to 169 cases in China, accounting for 43%. However, China’s steel industry suffered 337 survey for the first time.