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On December 21, 2007, ITC initiated a 337 investigation of R-134a refrigerant on the application of British Ingredifluor Chemical Co., Ltd., British Ingredifluor Chemical Co., Ltd. and Ineos Fluorochemicals, Los Angeles, USA. Including 1,1,1,2-tetrafluoroethane, R-134a, HFA-134a, HFC-134a and R-134a refrigerants, China National Chemical Industry Modern Environmental Protection Chemicals (Xi'an) Co., Ltd. and Ningbo (Group) Co., Ltd. It is listed as a survey object. The applicant requested ITC to issue a general exclusion order and a temporary exclusion order or stop the sales order. The lawsuit filed by Ineos was not the Chinese chemical industry, but the entire Chinese refrigerant industry.
China's fluorosilicone association's secretary-general Mei Shengfang told reporters that the United States is one of the most important exporters of refrigerant products in China. Whether China Chemical will win this time will have an important impact on the development of China's refrigerant industry. To this end, the fluorosilicon association organized domestic major refrigerant manufacturers for the first time to conduct consultations and initially formed a unified opinion. In view of the current indictment of enterprises only two companies under the China Chemical Industry, other companies have not yet been involved in them, and China's chemical industry has strong economic strength, is still affordable for high litigation costs, and has considerable confidence in winning. Therefore, the meeting finally reached a consensus: The case pointed to by the case is the entire Chinese refrigerant industry, the whole industry should cope with it; the meeting also commissioned the fluorosilicone association to hire relevant legal experts to assist the Chinese chemical industry together to study the relevant laws, depending on the progress of the investigation, common Take countermeasures.
The news link "337 investigation" as a relatively hidden non-tariff barrier means of trade, because of its low prosecution threshold and the high cost of responding, which has the characteristics of wide range of attacks and strong lethality, has become the product of Chinese exports following anti-dumping. Another major obstacle to the United States is that more and more US companies have chosen “337 investigations†to limit and block the entry of Chinese products into the US market. In recent years, cases of “337 investigations†conducted by Chinese companies on Chinese companies have skyrocketed, mainly in the areas of electronics and chemical industries. In the United States, two refrigerant manufacturers in the United States have received a “337 investigation†application, which is just one example.
US law provides that if ITC investigates that imported products infringe US intellectual property rights, it is entitled to take the following remedial measures: limited exclusion order, general exclusion order, stop order and confiscation order. This application is a general exclusion order remedy. The so-called universal exclusion order prohibits the entry of all similar infringing products into the U.S. market irrespective of source. Obviously, this threatens the import of domestic products to the United States.
Experts in the legal profession predict that the “337 investigation†will be the biggest threat to China’s exports to the United States in the next 10 years, far greater than the infringement lawsuits of anti-dumping and general courts. Therefore, giving full attention to the bill and studying effective countermeasures is an important issue facing China's oil and chemical industry.
Fluorosilicon Association Urges Industry to Face Challenges
In November last year, two refrigerant manufacturers under China National Chemical Corporation (hereinafter referred to as China National Chemicals Corporation) were filed in the United States by Ingres Chemical Co., Ltd. and the United Kingdom filed a "337 investigation" application, which aroused great concern in the industry. At present, the United States International Trade Commission (ITC) has completed a preliminary investigation of the two companies and it is expected that the situation will become clear in late March. As the applicant filed a general exclusion order remedy measure, that is, once China Chemicals loses the lawsuit, not only will the company's products exit the US market, but other Chinese companies that produce similar products will also face the same fate. In early March, the China Fluorine Silica Association was in critical condition and assumed the responsibility of organizing and coordinating the joint efforts of companies in the industry.