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On August 20, 2024, it was announced that in its ongoing anti subsidy investigation, the European SG460Q Grade A steel Commission has released a draft resolution to impose final anti subsidy taxes on pure electric vehicles (BEVs) imported from China to stakeholders. The draft resolution reflects the opinions of stakeholders on the temporary anti subsidy tax announced on July 4, 2024, as well as the conclusions of a series of investigation steps that have not yet been finalized during the temporary phase.
The main new content disclosed in the final draft resolution is as follows, but it is still possible to make modifications based on confirmed opinions from stakeholders:
(1) Based on the confirmed opinions of stakeholders SG460Q Grade A steel on the temporary measures, a slight adjustment was made to the proposed tax rate, and the investigation steps that were not yet finalized in the temporary stage were ended. The tax rate adjustments are as follows: BYD (17.0%), Geely Automobile (19.3%), SAIC Group (36.3%), other cooperative companies (21.3%), and all other non cooperative companies (36.3%);
(2) Decided to give Tesla a separate tax rate, as a Chinese exporter, currently set at 9%;
(3) For certain Chinese exporters and joint ventures cooperating with EU producers who have not yet exported during the investigation period, they may benefit from the foreseeable lower tax rates of their related cooperating companies;
(4) This resolution does not retroactively apply to previously levied countervailing duties.
At the same time, on August 14th, China requested World Trade Organization (WTO) dispute negotiations with the European Union regarding the EU's anti subsidy investigation into BEVs imported from China and the subsequent imposition of temporary anti subsidy taxes on target vehicles. The request has been conveyed to the members of the WTO.
China SG460Q Grade A steel claims that the proposed measures do not seem to comply with Article VI of the General Agreement on Tariffs and Trade 1994 and the provisions of the WTO Agreement on Subsidies and Countervailing Measures.