Fluorosilicon Association Urges Industry to Face Challenges
In November of last year, two refrigerant manufacturers under China National Chemical Corporation (ChemChina) faced a "337 investigation" initiated by Ingres Chemical Co., Ltd. from the United States and another company from the United Kingdom. This development sparked significant concern within the industry. The U.S. International Trade Commission (ITC) has now completed its preliminary review, with a final decision expected by late March. The applicants have requested a general exclusion order, which would mean that if ChemChina loses the case, not only would its products be barred from the U.S. market, but other Chinese companies producing similar refrigerants could also face the same fate.
In early March, the China Fluorine Silica Association took action, stepping in to coordinate efforts among industry players. On December 21, 2007, the ITC launched a 337 investigation into R-134a refrigerant following a petition from British Ingredifluor Chemical Co., Ltd. and Ineos Fluorochemicals from Los Angeles, USA. The investigation covers several types of refrigerants, including 1,1,1,2-tetrafluoroethane, R-134a, HFA-134a, HFC-134a, and R-134a. Two Chinese companies—China National Chemical Industry Modern Environmental Protection Chemicals (Xi'an) Co., Ltd. and Ningbo (Group) Co., Ltd.—were listed as respondents. The petitioners are seeking both a general exclusion order and a temporary stop-sale order.
According to Mei Shengfang, secretary-general of the China Fluorosilicone Association, the U.S. is one of the most important markets for Chinese refrigerant exports. The outcome of this case could significantly impact the future of China’s refrigerant industry. To address the issue, the association organized the first meeting of major domestic refrigerant manufacturers, resulting in a unified stance. While only two companies under ChemChina were initially targeted, the association believes the case actually threatens the entire Chinese refrigerant sector. Given the strong financial backing of Chinese chemical companies, they remain confident in their ability to handle the legal costs and win the case.
Experts warn that the “337 investigation†has become a major non-tariff trade barrier for Chinese exports. With a low threshold for filing and high response costs, it has proven to be highly effective in blocking foreign products. In recent years, the number of such investigations targeting Chinese firms has risen sharply, particularly in electronics and chemicals. The case involving two U.S.-based refrigerant manufacturers is just one example of a growing trend.
Under U.S. law, if the ITC determines that imported goods infringe on intellectual property rights, it can impose remedies such as limited or general exclusion orders, stop orders, or confiscation orders. A general exclusion order is especially dangerous because it blocks all similar infringing products, regardless of their origin, from entering the U.S. market.
Legal experts predict that the “337 investigation†will pose the greatest threat to Chinese exports over the next decade, surpassing even anti-dumping cases and traditional litigation. As such, it is crucial for China’s oil and chemical industries to pay close attention and develop effective countermeasures.
Aerosol Can Body Making,Spray Metal Container Production Machine,Tinplate Container Making Machine,Aerosol Metal Can Body Making Machine
Zhejiang Golden Eagle Food Machinery Co.,Ltd. , https://www.goldeneaglecanmaking.com