BRUSSELS, Oct 29 (Reuters) - The European Union formally
approved imposing tariffs on Chinese-made electric vehicles
(EVs) on Tuesday after an investigation that has divided the
bloc and prompted retaliation from Beijing.
The European Commission has set rates ranging from 7.8% for
Tesla to 35.3% for China's SAIC and other producers deemed not
to have cooperated with the EU's anti-subsidy probe. These will
be on top of the EU's standard 10% car import duty.
WHEN AND FOR HOW LONG?
The EU plans to publish its regulation imposing tariffs
later on Tuesday or early on Wednesday.
Final or "definitive" tariffs are expected to apply from the
following day for five years.
The Commission has decided that provisional duties dating
back to July will not be collected. Companies had been able to
cover these with a bank guarantee.
The tariff imposition follows a vote on the Commission's
proposal for definitive tariffs by the EU's 27 members on Oct. 4
- with 10 in favour, five against and 12 abstentions.
CONTINUED TALKS WITH BEIJING
The Commission has said it is willing to continue
negotiating an alternative to tariffs with China even after
tariffs are imposed. Both sides have agreed to a ninth round of
technical negotiations, although the EU said there were "large
remaining gaps".
The EU executive said last month it could re-examine price
undertakings - involving minimum import prices and typically
volume caps - having previously rejected those Chinese companies
have offered.
Previous minimum price deals agreed by the EU have been for
homogenous commodities, rather than complex products such as
cars. The Commission believes a single minimum price would not
be adequate to counter injury caused by subsidies.
It might also have to be different for separate producers,
depending on the value of sales and receipt of subsidies.
Beijing has repeatedly warned the Commission against
separate negotiations with EV companies. Various manufacturers
have authorised the China Chamber of Commerce for Machinery and
Electronics to negotiate on their behalf.
The Commission has said any alternative must be in line with
World Trade Organization (WTO) rules, adequate to remove the
injury due to subsidies, and enforceable.
CHINESE RETALIATION
In moves seen as retaliation, China has launched
anti-dumping investigations into EU exports of pork and brandy,
and an anti-subsidy probe into EU dairy products, but it has yet
to impose any measures.
The EU launched a challenge at the WTO in September against
the dairy probe.
China's Commerce Ministry has also met with automakers and
industry associations to discuss raising import duties on
large-engined gasoline vehicles, which would hit German
producers hardest.
Germany's exports of vehicles with engines of 2.5 litres or
larger to China were worth $1.2 billion last year, Chinese
customs data shows.
WHAT HAPPENS AFTER THE INVESTIGATION?
Any company not in the sample group of BYD,
Geely and SAIC that wishes to have its
own individual duty can ask for an "accelerated review" just
after the imposition of definitive measures. Such a review
should last a maximum of nine months.
The Commission can also carry out an "interim review" after
a year has elapsed if the measures are no longer necessary or if
they are not sufficient to counteract subsidies.
The Commission often looks into whether producers are
evading duties via exports of parts for assembly elsewhere. For
the EU, such circumvention exists if 60% or more of the value of
parts are imported from the country subject to duties and if the
value added in the assembly is no more than 25%.
Companies can dispute the measures at the European Court of
Justice. China has already launched a challenge at the WTO. Both
legal paths can take well over a year.
The Commission has said it is confident its investigation
and measures are compatible with WTO rules.