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BYD, Geely and SAIC file court challenges to EU tariffs
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Chinese industry body CCCME has also filed a complaint
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European Commission says technical contact with China
continues
(Updates Jan. 23 story with CCCME statement in paragraph 7)
By Philip Blenkinsop
BRUSSELS, Jan 24 (Reuters) - Chinese electric vehicle
makers BYD, Geely and SAIC
have challenged the EU's import tariffs at the Court of Justice
of the European Union (CJEU), filings on the court's website
showed on Thursday.
The EU imposed tariffs on China-made EVs at the end of
October after an anti-subsidy investigation, including 17.0% for
BYD, 18.8% for Geely and 35.3% for SAIC, on top of the EU's
standard car import duty of 10%.
Court filings show all three lodged their complaints at the
General Court, the lower of two CJEU chambers, on Tuesday, a day
before the deadline for filing challenges. Proceedings at the
General Court last on average 18 months and can be appealed.
No further details of the cases were given.
The China Chamber of Commerce for Import and Export of
Machinery and Electronic Products (CCCME), an industry body that
has represented Chinese EV producers, also filed a complaint on
Wednesday, the Chinese Chamber of Commerce to the EU (CCCEU)
said.
The CCCEU urged Beijing and Brussels to negotiate a
compromise to avoid tariffs. The two have been in talks about
possible minimum price commitments since September.
In a statement on Friday, the CCCME confirmed its action on
behalf of "authorised companies" and pledged to "continue to
represent China's EV industry through judicial litigation and
resolutely defend the legitimate rights and interests of Chinese
EV companies."
The European Commission said it was aware of the cases and
had two months and 10 days to prepare its defence, adding that
technical contact with Beijing was continuing.
It is not clear if there have also been challenges from
other EV makers, including European firms producing in China.
The challenges are likely to include arguments over the
assessment of subsidies, the establishment of injury to EU
industry and the Commission's unusual decision to launch a case
on its own, rather than following an industry complaint.
SAIC is expected to take issue with its far higher tariff.
This followed a determination that it did not cooperate with the
investigation, allowing the Commission to fill in missing
sections with selected available facts.
China-based EV makers have also complained that Tesla
, the largest exporter of EVs from China into the EU,
was not included in the official sample, from which the rate for
other companies is calculated. The sampled companies were BYD,
Geely and SAIC.
Tesla secured the lowest extra tariff of 7.8%. If it had
been part of the sample, cooperating companies would have
benefited from a lower tariff than the 20.7% they now face.