Yesterday, the reporter learned that the US International Trade Commission initiated a “337 investigation†against 29 companies including China, the United States, Germany and Austria at the request of Japan’s Hitachi Metals and its US subsidiary to determine whether they had patent infringement.
Four rare earth products companies were investigated. Four Chinese companies were investigated, namely Yantai Zhenghai Magnetic Materials Co., Ltd., Ningbo Jinji Nippon Boron Magnetic Materials Co., Ltd., Anhui Dadi Xiong New Materials Co., Ltd. and Hong Kong Chuang Branch Industrial Co., Ltd. The products involved are mainly sintered rare earth magnet products and products containing this material such as engine, audio, earphone, wireless tool, computer hard disk and golf ball mark. The US “337 Investigation†was named after Section 337 of the US Tariff Act of 1930, under which the US International Trade Commission has the power to investigate complaints about patent and registered trademark infringement. If the company involved is found guilty of a violation of Section 337, the US International Trade Commission will issue an exclusion order for the relevant product and an ban on importation, which means that the product in question will not be able to enter the US market. Since 2000, the US “337 investigation†against Chinese companies has shown a clear upward trend.
Chinese companies said that the impact was not significant yesterday. Zheng Hai, Secretary of the Board of Directors of Zhenghai Magnetic Materials, said in an interview with this reporter that the investigation was filed in the US on the evening of September 18. The company has not received any documents related to the investigation. The person in charge of the company is discussing relevant countermeasures, and will actively respond to the case, and hopes to break the blockade of Hitachi Metals' attempt to protect the US market and earnestly safeguard the legitimate rights and interests of the company. When talking about the impact of the case on the company, Song Wei said, "The size of the impact is still difficult to estimate, but it will not be too big. The overseas market of Zhenghai Magnetic Materials is mainly Europe, and there are no patent restrictions in this area. In addition, the company does not have products exported to Japan, and there is almost no sales to the United States. Only trace products are sent to the United States for customer certification." Another person in charge of the investigation of the sales department of Ningbo Jinji Company, Gu, also said that the company had heard about the incident, but the progress was inconvenient. "The 337 investigation will not affect the company very much, because the company's main production of rare earth magnet products account for half of the domestic and international market sales, of which sales to the United States only account for about 10% of total exports." The person also introduced At present, the status of downstream enterprises is not good, the whole magnet product market is sluggish, and the company's product sales have dropped by nearly 50% in the near future.
There is no infringement of the suspected patent infringement in
China's rare earth deep processing . The person in charge of the above-mentioned Ningbo Jinji Company said that the company's products are completely self-developed and there is no infringement. It is reported that Japan has always held a leading position in the downstream industry of rare earths. Among them, Hitachi Metals is a leader in deep processing of rare earths and has a high market share in domestic and foreign markets. In contrast, China is still in the growth stage of deep processing of rare earths. Even so, Hitachi Metals has targeted the Chinese companies. Experts reminded that when accelerating the innovation of rare earth deep processing, China needs to increase its focus on patent protection, pay attention to the import habits of trading countries, and reduce the passiveness in foreign trade transactions. In addition, from a positive perspective, the “337 investigation†will have an incentive effect on the development of China's rare earth downstream industry. Tao Minmin, an investment consultant in the rare earth industry, said that in the early stage, China's rare earth industry was mainly based on the export of rare earth minerals, and the deep processing was still in the primary stage of producing phosphors. The "337 investigation" will exert pressure on China's rare earth deep processing enterprises and stimulate related enterprises to intensify their efforts in high-end technology industry innovation.
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