China files complaint with WTO over EU’s EV tariffs – ‘lacks factual, legal foundation; violates WTO rules’

China has lodged a complaint with the World Trade Organization (WTO) over the European Union’s tariffs on Chinese-made electric vehicles. The tariffs of up to 45% would instantly make Chinese EVs more expensive, cancelling out the price advantage they had in the market.

Bringing the issue to WTO’s dispute settlement mechanism on November 4 is a formal move to ‘safeguard the development interests’ of the EV industry, according to a statement from China’s ministry of commerce. It reiterated its strong opposition against EU’s tariffs, describing the levies as ‘trade protectionism in the name of countervailing.’

According to Bloomberg, China’s complaint raises the risk of greater tit-for-tat confrontation in a relationship valued at 739 billion euros in bilateral merchandise trade in 2023. The European bloc has defended the tariffs, saying it’s a byproduct of an investigation of Chinese government subsidies that unfairly benefit the EV sector.

China files complaint with WTO over EU’s EV tariffs – ‘lacks factual, legal foundation; violates WTO rules’

“China believes the EU’s final ruling on anti-subsidy measures lacks factual and legal foundation, violates the WTO rules and is an abuse of trade remedy measures. We urge the EU to face its mistakes and immediately correct its illegal practices, and to jointly maintain the stability of the global EV supply chain and China-EU economic and trade cooperation,” a ministry spokesperson said in the statement.

Last week, the EU published the regulation introducing the tariffs of up to 45% on Chinese EV imports – which have been in effect provisionally since July – in its official journal. This comes after months of negotiations, threats of retaliation by China – a huge market for German auto companies – and auto-industry lobbying (German carmakers are strongly against the tariffs, for instance).

The European bloc and its second largest goods-trading partner have had discussions aimed at seeking alternative solutions even after the tariffs take effect, but unsurprisingly, those talks have so far failed to yield any result.

China files complaint with WTO over EU’s EV tariffs – ‘lacks factual, legal foundation; violates WTO rules’

Bloomberg reported last week that the EU will be sending officials to Beijing to hold more talks. They are exploring whether an agreement can be reached on so-called price undertakings, which is a complex mechanism to control prices and volumes of exports, used to avoid tariffs. However, both Brussels and Beijing have indicated that the differences remain significant.

Since EU’s issue with Chinese EVs is state subsidy, its tariff rates differ according to brand, depending on the level of state support. For BYD, it is 17%, Geely gets 18.8% and it’s 35.3% for state-owned SAIC, for instance. When factored in, the EU’s standard 10% vehicle import duty pushes tariffs to 27%, 28.8% amd 45.3% respectively for the three Chinese automakers.

According to the European Commission, which oversees EU trade policy, the extra tariffs are required to counter what it says are unfair government subsidies granted by the Chinese government to domestic automakers, enabling them to undercut rivals in Europe on price.

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