Lawyer Gao Peng strives for zero tax rate in India's anti-dumping investigation of soft magnetic cores
2025 01/02
On December 30, 2024, the Indian Ministry of Commerce and Industry reported good news that Hengdian Group East Magnetic Co., Ltd. and Yibin Jinchuan Electronics Co., Ltd., represented by Gaopeng Law Firm, obtained zero tariff rates in India's anti-dumping investigation into Soft Ferrite Cores in China. The anti-dumping tariff rate for other responding companies was 31%; The tax rate for non responding enterprises is 35%.
This case is led by Lawyer Qian Wenjie, Senior Partner of the Trade Team, and assisted by Lawyer Dai Ke.
Hengdian Group Dongci Co., Ltd. and Yibin Jinchuan Electronics Co., Ltd., represented by Gaopeng Law Firm, have obtained zero tariff rates in India's anti-dumping investigation into Soft Ferrite Cores in China
In India's anti-dumping investigation against China, the investigating authority usually refuses to use the domestic sales and cost data of Chinese enterprises to calculate the normal value on the ground of non market economy, thus artificially increasing the dumping margin and tax rate. In this case, the Indian Ministry of Commerce and Industry continues to adopt this approach, using the production costs and profits of domestic industries in India to construct the normal value of Chinese products. However, even so, during the final arbitration disclosure stage, the two companies we represented still managed to achieve negative dumping margins as low as -50%. This means that the export prices of the aforementioned enterprises are much higher than the production costs and profits of domestic industries in India; Even if sold at a discount, it will not constitute dumping.
It is worth noting that the number of foreign anti-dumping investigations against China this year has doubled compared to last year. In the current environment of rampant international trade protectionism, it is particularly difficult for a single enterprise to obtain zero tariff rates in India's anti-dumping investigations. The victory in this case indicates that although we cannot change the foreign investigation methods for non market economies in China in the short term, we can still achieve ideal litigation results through effective defense strategies in individual cases.
This case is led by Lawyer Qian Wenjie, Senior Partner of the Trade Team, and assisted by Lawyer Dai Ke.
In India's anti-dumping investigation against China, the investigating authority usually refuses to use the domestic sales and cost data of Chinese enterprises to calculate the normal value on the ground of non market economy, thus artificially increasing the dumping margin and tax rate. In this case, the Indian Ministry of Commerce and Industry continues to adopt this approach, using the production costs and profits of domestic industries in India to construct the normal value of Chinese products. However, even so, during the final arbitration disclosure stage, the two companies we represented still managed to achieve negative dumping margins as low as -50%. This means that the export prices of the aforementioned enterprises are much higher than the production costs and profits of domestic industries in India; Even if sold at a discount, it will not constitute dumping.
It is worth noting that the number of foreign anti-dumping investigations against China this year has doubled compared to last year. In the current environment of rampant international trade protectionism, it is particularly difficult for a single enterprise to obtain zero tariff rates in India's anti-dumping investigations. The victory in this case indicates that although we cannot change the foreign investigation methods for non market economies in China in the short term, we can still achieve ideal litigation results through effective defense strategies in individual cases.
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