The Past and Present of the EU Fastener Case
On December 21, 2020, the European Commission issued a statement officially launching an anti-dumping investigation against steel fasteners products originating from China. On February 16, 2022, the European Commission made a final ruling on the anti-dumping investigation of China's steel fasteners. The final anti-dumping tax rate for Ningbo Zhongli bolts manufacturing co.ltd is 39.6% finally, respectively. The tax rate for cooperative non sampled enterprises was 39.6%, and the tax rate for other non cooperative enterprises was 86.5%. The final ruling will take effect from February 17, 2022, and after taking effect, the products involved in EU customs clearance will be subject to anti-dumping duties.
In response to the erroneous practices and rulings of the European Commission in violating WTO rules and EU anti-dumping regulations in the anti-dumping investigation of fasteners, with the cooperation of the Fastener Branch of the China Machinery General Parts Industry Association, the China Chamber of Commerce organized a court litigation work meeting for enterprises to discuss the use of judicial remedies to safeguard the interests of Chinese fastener enterprises. In the end, a total of 39 enterprises authorized the China Chamber of Commerce to represent the industry in carrying out EU fastener court litigation work. Among them, 8 enterprises chose to pursue separate litigation, and 31 enterprises chose to pursue collective litigation represented by the China Chamber of Commerce.
On May 12, 2022, the China Chamber of Commerce for Machinery and Electronics and its affiliated member units, as well as some exporters, filed a lawsuit against the European Union Common Law Court regarding the Implementation Regulation (EC) No. 2022/191 of February 16, 2022, imposing final anti-dumping duties on certain steel fasteners originating from the People's Republic of China. In the written defense stage, the China Chamber of Commerce for Mechanical and Electrical Industry submitted our comments on the key issues in the European Commission's defense on behalf of the industry. On February 7, 2024, the lawsuit of the EU Fasteners Court was heard in the Third Court of the EU General Court. Lawyers representing the China Chamber of Commerce and the fastener industry attended the trial. During the trial, various parties engaged in debates on issues related to the eligibility for prosecution, the cost of replacing the country with the wire rod, and the difference between special and ordinary fasteners.
Through court litigation channels, enterprises can help maintain their own interests through multiple channels, which highlights the importance of valuing post procedural interests. Next, the court proceedings will enter the stage of court judgment, usually made within 6 months after the trial. Considering the numerous litigation points in this case, it is expected that the European Court of Justice will make a ruling by the end of 2024. The China Chamber of Commerce for Machinery and Electronics and the Fastener Branch of the China Machinery General Parts Industry Association will continue to lead enterprises in carrying out court litigation work, and carry out the next step of response work based on the court litigation results.
Hs code 7318.15 includes hex bolts, hexagon socket screws, Hs code 7318.22 include plain washer,flat washers. We hope anti-dumping will be closed soon.