Lawyer Qian Wenjie of Gaopeng Institute won the Philippines safeguard investigation on behalf of 26 Chinese export enterprises
On October 6,2021,the Philippine Ministry of Trade and Industry officially sent a letter to the China Iron and Steel Industry Association,announcing the termination of the Philippines galvanized sheet guarantee investigation and aluminum zinc guarantee investigation,and not taking any safeguard measures for Chinese products.So far,lawyer Qian Wenjie,senior partner of Gaopeng Law Firm,has successfully won the aforementioned investigation on behalf of CISCO and 26 Chinese export enterprises.
Background:On June 17,2020,the Philippine government simultaneously launched a safeguard investigation on three types of products:galvanized sheet,aluminum plated zinc,and color coated sheet.The applicant for the galvanized sheet case is Puyat Steel Corporation of the Philippines,while the applicant for the aluminum zinc plating case is Sonic Steel Industries Inc.Both companies have requested the Philippine government to take safeguard measures against exporters dominated by Chinese enterprises.
After the investigation began,CISA quickly teamed up with 26 Chinese exporters and hired Gao Peng,Qian Wenjie,as a lawyer to conduct a harmless defense.After carefully studying the case filing materials,we found that the industrial data disclosed by the Ministry of Trade and Industry did indicate a certain degree of economic depression in the domestic industry of the Philippines,but these data are too old,and most economic indicators have only been updated to 2018.As the applicant is not a listed company,it is difficult for us to verify the accuracy of relevant data through open channels,and we are unable to obtain recent updated data.
In order to develop a more effective defense strategy,we have asked 26 exporters and their Philippine customers one by one about the applicant's current situation and local market conditions.Through detailed interviews,we found that the applicant's production capacity is very limited,so that they import a large number of investigated products from China every year.Although the applicant has invested in the Philippines to expand production,it is still unable to meet the needs of the local market in the short term.Based on the above facts,we mobilized Chinese exporters to collect evidence from the perspective of the public interest,and pointed out to the Ministry of Trade and Industry that the special geographical location of the Philippines and the frequent occurrence of domestic natural disasters have determined that the country's future demand for the investigated products will increase year by year,but the applicant's capacity is limited,unable to meet the local market demand.Therefore,if safeguard measures are taken in this case,it will lead to a supply gap,seriously affecting the progress and cost of residential projects under construction,and thus causing serious damage to the public interests in the Philippines.
After more than a year of investigation,the Philippine Ministry of Trade and Industry finally adopted our view,rejecting the applicant's allegations on the grounds of public interest,and terminating the protection investigation of the aforementioned products.
Gaopeng has successfully defended the interests of China's galvanized sheet and aluminized zinc export industries and maintained the export market share of relevant enterprises in the Philippines by acting on behalf of CISCO and 26 exporters in response to the Philippines safeguard investigation.At the same time,it is necessary to remind export enterprises that the Philippine Ministry of Trade and Industry has confirmed in this investigation that the number of investigated products imported from China has increased rapidly in recent years,accounting for over 99%of the total imports of the Philippines,and that the increase in imports has caused serious damage to the domestic industry of the Philippines.In this case,if Chinese exporters reduce the price of their products,it is likely that the applicant will initiate an anti-dumping investigation against galvanized sheet,aluminized zinc sheet,and color coated sheet.At that time,the export of related products will face more serious tax risks and uncertainty.
(This article is translated by software translator for reference only.)
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