Guide:Come out and mix, always have to pay back.
Source21st Century Business Herald (ID: jjbd21)
RecorderZhou Zhiyu, Xia Xutian, Gao Jianghong
EditingChen Wei, Li Bo, Chen Siying
Image source / worm
According to CCTV news, recently,In the United States, FedEx has not delivered the express mail by name, seriously damages the legitimate rights and interests of users, has violated the relevant laws and regulations of China's express delivery industry, and the relevant state departments decided to investigate the case.
recently,FedEx, the US federal express delivery company, sent two packages of Huawei from Japan to China without authorization from Huawei.The matter has caused widespread concern.
On May 28, according to a report from the World Wide Web, Reuters reported that Huawei told the media on Friday that FedEx privately transferred two packages of Huawei to the United States and detained two other packages, "to do so" .
According to the report, there is no “technical related” content in the four packages, and one has been received by Huawei. In view of this, Huawei said it is reviewing its partnership with FedEx.
According to the logistics information provided by Huawei, on May 19 and 20, Huawei sent two parcels from Tokyo, Japan, and the receiving address was China. However, on May 23, two packages were transferred to FedEx's US headquarters and Memphis, Tennessee.
In addition, on the 17th, Huawei also sent two parcels from Hanoi, Vietnam, with the receiving locations being Huawei's offices in Hong Kong and Singapore. However, on the 21st, after two parcels arrived in Hong Kong and Singapore, they were detained at the transfer station of FedEx in the two places, and the status of the shipment showed “Exception”.
According to the FedEx official website, the “abnormal” situation refers to the “unforeseen events” encountered during the transportation process, such as customs clearance delays, national holidays, or unmanned receipts. As for what happened, FedEx did not explain.
FedEx Express issued a statement on its official Chinese Weibo@FedEx China on May 28th: Sorry for the small number of Huawei shipments being misdirected. There are no external parties that require FedEx to transfer these shipments.
FedEx Weibo statement full text ——
We value all our customers who deliver more than 15 million packages per day. We apologize for the mistransportation of a small number of Huawei shipments. We confirm that there are no external parties that require FedEx to ship these shipments. The shipment is being returned to the shipper. This event does not mean that our more than 450,000 employees worldwide are committed to providing our customers with the high quality transportation services they expect every day.
Earlier, according to Reuters, Huawei said it is currently reviewing its partnership with FedEx Corp.
According to Huawei, these four packages contain only files and “no technical content”. According to FedEx's website, the status "Exception" means that an incident has prevented the delivery of the package, such as customs delays, holidays, or unacceptable delivery. At present, Huawei has filed a formal complaint with the China Post Regulatory Authority, which is investigating the incident.
In response to the situation reflected by Huawei, 21st Century Business Herald emails FedEx. On the evening of the 28th, FedEx replied that the 21st Century Business Herald stated that it was mis-delivered and that there was no external requirement for FedEx to transfer the shipments. The shipment is being returned to the shipper.
At the regular press conference of the Ministry of Foreign Affairs on May 29, a reporter asked about FedEx. Foreign Ministry spokesperson Lu Yi responded, “We took note of the reports and comments on social media. We generally do not comment on business practices between companies. But when such a thing happens, Huawei and the public hope that FedEx will give a reasonable explanation, which is also reasonable. ”
Lu Yan said, I don't know if it is a common occurrence for FedEx to transfer goods to the wrong place. If it happens often, it shouldn't be a big company like FedEx; if it doesn't happen often, it needs FedEx to explain why it happened to Huawei again and again.
China also has these two countermeasures
1. China's tariffs on some imported goods from the United States were officially implemented on June 1.
According to the State Council Tariff Commission No. 3 of 2019, China has increased the tariff rate on some imported goods originating in the United States since June 1, 2019.
According to the announcement, the Customs Tariff Commission of the State Council imposed tariffs of 25%, 20%, and 10% on some of the commodities that were originally imported into the US list of about US$60 billion. For tariff items that have previously been subject to a 5% tariff, a tariff of 5% is still imposed.
Second, China will establish a “list of unreliable entities”.
Detailed explanation from the Ministry of Commerce: Abuse of market dominance will be punished by the Anti-Monopoly Law, and the first list is recently launched.
At 3:30 pm on June 1, the Director of the Department of Treaty and Law of the Ministry of Commerce, Wang Hejun, and the Director of the Bureau of Security and Control, Lu Luxun, were interviewed by a number of media, and answered the reporter's question on the list of unreliable entities announced last night. According to the Ministry of Commerce, the Ministry of Commerce is currently implementing the relevant procedures, “Insecure Entity List” and the first list will be released in the near future.
Wang Hejun, director of the Department of Treaty and Law of the Ministry of Commerce, pointed out that China’s introduction of this system is aimed at restricting the measures taken by some countries and some companies in violation of international rules and violations of common legal principles and restrictions on trade with certain countries and specific companies.
Wang Hejun pointed out that some countries' restrictions have violated WTO rules and free trade principles, and they also violated the WTO's MFN principle. “Some companies restrict and sever trades with other companies for commercial reasons, which is a violation of antitrust laws in any country. According to Article 17 of the Chinese Anti-Monopoly Law, these enterprises occupying market status shall not abuse the dominant position of the market, otherwise they will be punished in accordance with the Anti-Monopoly Law. ”
Wang Hejun pointed out that “if there are many companies in a batch that adopt such behaviors (blocking and confiscation of Chinese companies based on non-commercial purposes), we will list them in batches. If individual companies violate the regulations, we will Enterprises are included in the list. ”
Wang Hejun emphasized that there will be an investigation procedure for listing enterprises in the list of “unreliable entities”, and relevant stakeholders will have relevant right of defense. According to the relevant standards, the companies in the list will also adjust accordingly.
Wang Hejun also pointed out that “deepening reform and opening up is China's basic national policy. We will protect the legitimate rights and interests of any foreign-invested enterprise and improve our business environment. However, any illegal activity must be legally responsible. ”
In addition, for the reason why the "unreliable entity list" system, which behaviors will be listed in the "unreliable entity list", and the measures to be included in the "unreliable entity list" will be taken. On June 1st, the Ministry of Commerce also made a detailed explanation.
Why should we introduce the "unreliable entity list" system?
The relevant person in charge of the Ministry of Commerce said that in recent years, unilateralism and trade protectionism have risen, some countries have abused the concept of national security, abused export control measures, abused long-armed means of control, and grew global economic trade and global industrial chain. The division of labor between the supply chain and the value chain has caused serious damage, severely affected global technological innovation and industrial development, and undermined the international economic order and multilateral trade rules, damaging the global economy and the interests of all relevant countries including China.
What behaviors will be listed in the list of unreliable entities”?
The relevant person in charge of the Ministry of Commerce said that when the Chinese government decides whether to include an entity in the “list of unreliable entities”, it will consider four factors:
First, whether the entity has a blockade, confiscation or other discriminatory measures against Chinese entities;
Second, whether the entity’s actions are based on non-commercial purposes, contrary to market rules and the spirit of the contract;
The third is whether the entity’s actions cause substantial damage to Chinese enterprises or related industries;
Fourth, whether the entity's actions pose a threat or potential threat to national security.
What measures will be taken for the subjects listed in the “Unreliable Entity List”?
The Ministry of Commerce stated that it will take necessary legal and administrative measures for the listed entities in accordance with the relevant laws, regulations and administrative measures, such as the Foreign Trade Law, the Anti-Monopoly Law and the National Security Law.
At the same time, all sectors of society will also be warned to increase vigilance and prevent unreliable risks when dealing with and interacting with these listed entities.
China establishes “list of unreliable entities” and what do you hope to achieve?
The Ministry of Commerce said that China's establishment of the "unreliable entity list" system is mainly intended to play the following roles:
First, safeguard China's national security, including economic security, science and technology security, information security, and resource security;
Second, safeguarding the public interest of the society, safeguarding the legitimate rights and interests of enterprises, and preventing major risks such as breach of supply and blockade by Chinese entities in international economic and trade activities;
The third is to maintain fair and reasonable international economic and trade rules and a rules-based multilateral trading system to safeguard the security and stability of the global industrial chain.
The Ministry of Commerce spokesperson peaked on May 31 and announced that China will establish a “list of unreliable entities”.
Gao said that according to the relevant laws and regulations such as the Foreign Trade Law of the People's Republic of China, the Anti-Monopoly Law, and the National Security Law, the Chinese government has decided to establish a “list of unreliable entities” that will be based on non-commercial purposes. Chinese entities that impose blockades, confiscations or other discriminatory measures, cause substantial damage to Chinese enterprises or related industries, and foreign legal persons, other organizations or individuals that pose a threat or potential threat to China's national security are included.
For foreign legal persons, other organizations or individuals listed in the “Unreliable Entity List”, the necessary measures will be taken. Specific measures will be announced in the near future.
Gao said that the current world economic development is uncertain and the factors of instability are increasing. Unilateralism and trade protectionism are on the rise. The multilateral trading system is facing severe challenges. Normal international economic and trade activities are disrupted. Some foreign entities violate non-commercial purposes. The normal market rules and the spirit of contract, the blockade of Chinese enterprises and other discriminatory measures, damage the legitimate rights and interests of Chinese enterprises, endanger China's national security and interests, and also pose a threat to the global industrial chain and supply chain security. The economy has a negative impact, causing damage to the interests of relevant enterprises and consumers. To safeguard international economic and trade rules and the multilateral trading system, to oppose unilateralism and trade protectionism, and to safeguard China’s national security, social public interests and the legitimate rights and interests of enterprises, China decided to establish a “list of unreliable entities” system.
US President Trump signed an executive order on May 15 local time, announcing a state of emergency and allowing the United States to ban the provision of telecommunications equipment and services by companies owned or controlled by foreign investors.
On May 16, the US Department of Commerce's Bureau of Industry and Security (BIS) included Huawei and its non-US affiliated 68 companies in the “List of Entities”. A number of US companies intend to stop supplying or stop related cooperation.
Editor of this issue: Chen Si