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"Our biggest concern is that if we fill out the (investigation form), we have no secrets." The top executive of an aluminum profile manufacturer in China told the First Financial Daily yesterday.
In the first half of this year, the company received a double-reverse investigation document from the United States. The US Department of Commerce announced that it had decided to conduct a double-counter investigation on aluminum profiles originating in China at the request of the American Iron and Steel Workers' Federation and the American Aluminum Profile Fair Trade Commission.
"We are not going to respond to the lawsuit. Although we have received the documents very early, we have not ignored them." The senior official told this newspaper that the contents of the "double-reverse" investigation in the United States are too fine. "It is possible for companies to disclose business secrets, such as enterprises. Details such as labor costs, land costs, and raw material prices are required."
Will it leak?
The top executive said that he did not say anything. The "First Financial Daily" reporter consulted a number of lawyers who had "double-reverse" cases yesterday and found that one of the criteria for judging whether a company dumped is whether the price of the product is lower than the cost of sales, so the company accepts "double opposition". The investigation should fill in the detailed cost structure as well as the output, customer situation, etc., so that the other government can make a final conclusion on whether there is dumping or subsidy. This is the practice in many countries when launching a double-reverse investigation.
A general introduction by the US Department of Commerce to the materials submitted by the surveyed companies pointed out that no matter which industry, it is generally required to submit more than three forms to the US Department of Commerce, each of which has eight or nine The length of the page, which covers the company's overall situation and accounting statements, the production and sales of the products under investigation, as well as its sales prices and other relevant data in the US market.
For example, the survey form to be filled out by the above-mentioned aluminum profile companies includes the names, contacts, mails, and telephone numbers of the five largest customers in the US market. It also asks whether the company has built a new factory since January 1, 2007. Whether there have been detailed data such as relocation or expansion, acquisition plan, and production plan from 2010 to 2011.
“This is equivalent to providing all of our trade secrets to them. Who can guarantee that they will not be leaked out?†The company’s top executives asked.
Zhu Lanye, professor of international law at East China University of Political Science and Law, said in an interview with this newspaper yesterday that the WTO has not specified the details of the requirements for enterprises to "double-reverse" when they are "double-reverse". The government can formulate specific investigation details. Enterprises can not sue, they can ignore them, but in that case, the other government will use the materials of the complainant, and the data provided by the complainant is generally unfavorable to the company under investigation.
Should not respond
In view of the previous failure of aluminum companies in the "double-reverse" investigations in Canada and Australia, in the face of the US "double-reverse" investigation, the above-mentioned aluminum profile companies decided not to sue to avoid leaking trade secrets.
The company has made the worst plan. If the final result is punished, they will increase the investment in deep processing of aluminum profiles. "At present, it is only anti-dumping on aluminum profiles. After this link."
However, not all Chinese companies have such a capital that they dare to “not complainâ€. After all, for many enterprises, after the implementation of punitive tariffs, the increase in export costs may completely block the original export market.
"Currently, many Chinese companies have chosen not to fill out the investigation form and not to respond to complaints because they are worried about leaking trade secrets. This is also the biggest obstacle for Chinese big companies to not fight against the double-counter lawsuit." China World Trade Organization Zhou Shizhen, executive director of the research society, told this reporter yesterday.
Zhou Shizhen pointed out that in fact, if the investigation of foreign governments can be conducted under the guidance of professionals, the results of many "double-reverse" investigations can still be changed, and companies can sign a confidentiality commitment agreement with the local government if they fill out the investigation form. If there is a violation of the rules during the investigation, you can also appeal to the WTO and other requirements for determination.
It is worth noting that the world's largest steel pipe manufacturer for air conditioning and refrigeration, and China's largest copper pipe exporter, Jinlong Copper Tube, has just experienced an anti-dumping investigation initiated by the United States. As a result of the joint team of the company's elite and American lawyers, the company once received 10.26% of the preliminary ruling anti-dumping tax rate, which is far lower than the average 60% anti-dumping tax rate obtained by other companies.
"For foreign double-reverse investigations, enterprises should actively face it. Of course, when filling out forms, they can fill in the instructions of professionals. After all, they have a better understanding of various rules and procedures, and more experience in handling related cases. Which should be filled and which should not be filled," Zhou Shizhen suggested.
The anti-dumping and anti-subsidy (hereinafter referred to as “double-reverseâ€) rods are frequently raised. Among them, enterprises are required to provide “too detailed†business data as responding materials, which is becoming a “big heart†for some Chinese companies.