When you are busy, you are busy to death, and when you are idle, you are idle.

After being idle for more than a month, Jiang Yizhen was a little unaccustomed to it, and when she came back from the training course at the police academy, she wanted to go to the second floor of the police room to have a look, but she couldn't even enter the door, because it had become a renovation site.

Xiaoping's subject has returned from abroad and will not go to work until after the Spring Festival. If someone wants to accompany her fiancé, naturally they won't cook for her anymore, and they won't even come again. Boredom, she walked into the law firm on the second floor, wondering what Bai Xiaoqian and Shi Lingzhi were doing.

"Gao Ming, B-107 Wen Jiàn was called back by Blanche, so most of them are wrong, hurry up and contact the customer to find out what is going on."

"Isn't that right?"

"There are so many forks, I'll forward them and take a good look at them myself!"

Bai Xiaoqian stood in front of the desk, with one hand on her waist and the other hand holding the mouse and shouting. A few trainee solicitors were busy, either crackling on a computer keyboard or clutching the phone to lash out at their clients. Shi Lingzhi even threw her high heels aside, running around the open office area barefoot, telling him that this should be changed, and reminding you that this is not right.

They are all barristers, and they are doing foreign-related work, Jiang Yi really can't help, so she can only help them clean up the pile of foam lunch boxes left at noon in the pantry.

In yesterday's cross-examination, Mr. Han was very passive, and the ITC's investigation and the prosecution's accusations were very unfavorable to Huasheng Porcelain and other four responding companies.

Although she had known for a long time that it was unlikely that she would win the preliminary ruling, Bai Xiaoqian was still very disappointed and did not like anything. Seeing that everyone was angry, I saw Jiang Yi wandering around in front of me. He said angrily: "Ginger, you make people feel uneasy." lure the wolf into the house and get the Public Security Department to sing against me. Your master who does not do his job is even more uneasy, saying that he will go to the United States to study the case and discuss countermeasures, but he is good, and he will forget everything as soon as he arrives in the United States.

The case was not studied, the countermeasures were not discussed, and I actually went to see what Messi's Thanksgiving Day parade was, and after the parade was watched, it was 'Black Friday', queuing, shopping, shopping, and then going to Christmas. You say he's a Chinese. Why all this excitement? He's playing happily, but millions are gone, and I don't have any money, so I'll see how happy he will be in the future! ”

She was on fire, Jiang Yi didn't dare to provoke her, and comforted her cautiously: "Sister Bai, whether you lose or win will be known here tomorrow, isn't this not a loss?" ”

"The first half was already bad, the second half will only be worse, see how I clean him up when he comes back."

"You can't say anything until the last minute. Sister Bai, you have to have confidence in my master, maybe my master is really capable of turning the tide and turning defeat into victory. ”

"Turning defeat into victory. Dream on. ”

Thinking that it was useless to hold Buddha's feet temporarily, Bai Xiaoqian simply threw the mouse, sat on the ground and sighed: "Ginger." Why do you think my life is so miserable! I finally ran into a big case, and finally had the opportunity to make a lot of money. I also worked hard for this, and I hardly slept well this month. But in the end, it was a failure. ”

If you lose the preliminary ruling, you will be given the same lawyer's fees, but you can't double it, and you won't win the preliminary ruling.

Although she thought so in her heart, Jiang Yi didn't dare to say it, so she could only say perfunctorily: "Sister Bai, I feel that you are very well prepared, and my master is also working hard, I haven't made a phone call in the past half a month, I haven't made a video once, and I think you shouldn't lose." ”

"But you're going to lose."

"Why?"

Bai Xiaoqian sighed lightly and explained helplessly: "There are three conditions for determining dumping, one is that the export price of imported goods is lower than the normal value; second, it causes substantial harm to the industrial production of the same kind in the importing country, or threatens to exist, or causes substantial obstacles to the establishment of a certain industry; The third is the causal relationship between the sale of less than normal value and the damage.

We have done all this work, done it very meticulously, and prepared it well. The problem is that the prosecution doesn't care about these at all, and bites our customer's sales price in China, turning a commercial issue into a legal issue, which is far-fetched, and makes your master anxious and difficult to argue. ”

Jiang Yi knows more or less about anti-dumping and anti-monopoly, and asks as if she understands or not: "Sister Bai, do you mean that Huasheng porcelain products are more expensive in China than in the United States?" ”

"It's not expensive, it's several times more expensive, and the quality is not as good as what it sells in the United States, so people believe that we are dumping based on this."

Jiang Yi was confused, and asked puzzledly: "Isn't it dumping to export very expensive things to other countries at a very cheap price?" ”

Bai Xiaoqian shook her head and patiently explained: "It looks like dumping, but in fact it is not, at least it does not constitute the three conditions for determining dumping, so it can be said that this is a very pure commercial issue." It's like Moutai, is it worried about selling in China? Do you need a low price to stabilize market share? No, the price has not risen to sky-high prices, thanks to the state's policy that does not allow public funds to eat and drink.

Moutai is sold at a low price abroad, is it dumping? No, it's just a simple expansion of the market, if you can't sell it, I will reduce the price, as soon as the price is reduced, foreigners don't buy it, and overseas Chinese also have to buy it, it's to maximize profits, and it has nothing to do with dumping. ”

"Just make it clear to them."

"The problem is that it is not clear, and the prosecution is clinging to this, believing that the export price of imported goods is lower than the normal value. Once the ITC accepts it, it will not hesitate to rule that we will lose, and it will go straight to the next procedure. Besides, this kind of investigation is not very fair in the first place, and your master is really powerless now. ”

"So you can't blame him, you can only blame the customer for selling too cheaply in the United States."

As soon as he mentioned the happy lawyer Han in the United States, Director Bai became angry and gritted his teeth and said: "In short, he didn't do his best. ”

There is really no way to talk to this kind of money maniac, Jiang Yi took out his mobile phone and glanced at it, and said softly: "Isn't there another chance to summarize your position?" My master must be thinking of a way to do it now, and he shouldn't let you down. ”

"What can be done about cramming."

What she didn't know was that Barrister Han would really be thinking of a way. Not only did he sit in the hotel opposite the venue and scrutinize the final statement over and over again, but at the same time, a phone call made the Jiang Provincial Department of Commerce jump. Director Yan and Director Qin personally sat in charge. While waiting for the news, he asked the staff of various departments to collect and sort out the various materials and numbers he needed on the phone.

If the preliminary cut loses. The U.S. Commerce Department's ruling will not be good.

Success or failure in this move, Erin, who attended the public hearing with him, was worried, looked at her watch and asked, "Han, is it too late?" ”

"Three hours, it should be in time."

"How sure are you?"

Han Jun pondered for a moment, shook his head and smiled bitterly: "Three points at most, but in a case like this, it's already very good to have three points." ”

Erin patted him on the arm and smiled, "I feel the same." ”

"You go to the business center on the second floor and stare. The data and numbers are immediately charted. Be concise and not overly complicated, and I want them to know how the price system came to be as soon as they see the chart. ”

"Don't worry, Blanche, Betty, and Tingting are all online, as long as the information and numbers arrive, we will give you what you want as soon as possible."

At 7:26 a.m. Washington time, the materials from the Jiang Provincial Department of Commerce and Bai Xiaoqian's law firm arrived, and the four assistants quickly got to work, six minutes before the public hearing began. Finally completed the work urgently arranged by Han Jun.

The hearing was held in a multipurpose conference room in the hotel opposite, and the six members of the ITC investigation team sat like judges in the middle, with the U.S. company initiating the antidumping investigation on the left and the prosecution on the right. Importers and downstream user representatives are not required to participate in the closing arguments as long as they present arguments or counter-evidence in the first half.

A cross-border commercial lawsuit that sounds very formal ends up with 10 people left. All that remains is the lawyers hired by both parties and ITC investigators.

"Mr. Han, Mr. Mark has finished his statement. We'd like to hear from you. ”

Clichés, no new points of view were made. Nothing new, Han Jun breathed a sigh of relief, got up with his hand on his suit and said with a smile: "Dear Mr. Willis, distinguished ITC officials, before the official start, please allow me to tell me about my recent personal experience. ”

"Against!"

The prosecution's lawyer immediately stood up and said, "Mr. Willis, I don't think we need to waste our precious time listening to Mr. Han say things that are not related to this investigation, and I am personally not interested in this at all. ”

Laymen only know that an antidumping lawyer must be proficient in foreign languages, familiar with WTO rules, and understand business, but they do not know that an excellent antidumping lawyer must also have a certain number of contacts.

Mr. Willis, who was in charge of this investigation, not only knew him, a young lawyer from China, but had also been his teacher for a few days, so how could he not give him a chance to speak within the scope of his authority, so he pretended to weigh it and held his chin and asked: "Mr. Han, is the personal experience you want to say related to this investigation?" ”

"There's no doubt about it."

"Let's get started."

"Thank you."

Lawyer Han politely bowed to the six "judges" and said: "A few months ago, I found a few good jobs in China, the salary is not very high, but I think it is very meaningful. One is a local government legal adviser, the equivalent of a government lawyer, in a position where I think I can drive the rule of law process in China; One is Interpol's liaison office in the region, which assists Chinese officials who are less familiar with international law in combating international crime. ”

These two jobs are very much in line with the mainstream values of Americans, Chinese have no faith, no human rights, no rule of law, and need not only missionaries, but also legal people like him to save Chinese living in dire straits.

An ITC official couldn't help but quip: "Very interesting job, but Mr. Han, I advise you to be as careful as possible, I really don't want the next time I hear about you, you are serving a sentence in a Chinese prison." ”

"Mr. Bell, I'll be careful. More importantly, I love the United States, and I have confidence in this country, and if it really gets into such a bad situation, I believe that Mr. President and Mr. Secretary of State will help me mediate. ”

Watching his exaggerated performance, everyone immediately burst into laughter.

"I would say that when I first came back to China, where I had lived for 15 years, I was shocked by the changes there, especially the prices. Before that, I lived in New York, the most expensive university and law school in the country, and went to London, the most expensive in the world. But the price of goods there gave me the impression that it was more expensive than anywhere else, and I really suspected that I had gone to the wrong place. Does it feel like this is China? ”

Mr. Willis knocked on the table and asked, "Expensive?" ”

"I can give you a few examples, a cup of Starbucks coffee costs only $1 outside. In China, it costs 20 yuan, which is three times more expensive than in the United States; A good pair of hiking boots. The same is made in China, and it costs only $3 in the United States, and in China it is not possible to buy it for $30.

Almost all the Chinese products I could see at Macy's were sold cheaper than in China, many of them several times or even dozens of times cheaper, which was much more than my psychological capacity to bear, and made me feel the urge to buy a plane ticket and flee back to New York immediately, giving up those two jobs. ”

The lawyer for the prosecution said with a smile: "Mr. Han, this shows that Chinese companies are widely dumping. Your current customers are just one of them. ”

"That's what I thought at the time."

Han Jun smiled, and suddenly changed his words: "Immediately after, I encountered a transnational fraud case. During this time, I assisted Chinese law enforcement in my capacity as INTERPOL's liaison officer in the region. In the commercial fraud investigation, the Chinese government detained two U.S. citizens, one of the largest shareholders of California-based CDD and the other as the chief executive of CCD.

The specific facts of the case are not related to this investigation, but I would say that CCD is a 90-year-old company. A company specializing in clothing retail, with shopping malls and stores. Many Chinese are very strange, in their opinion, shopping malls should not lose money, let alone lose money to the point of taking risks to engage in commercial fraud. ”

He took a chart from Erin's hand. "As we all know, American shopping malls generally adopt a buying system, and the shopping malls themselves are buyers. Its supply channel is vertical, manufacturer - brand - shopping mall. Shopping malls control the retail terminals, so they will lower prices to brand owners. In order to make the most profit possible, brands will lower prices to manufacturers. In order to win the competition and increase sales, shopping malls are also under pressure to keep the purchase price as low as possible.

In contrast, China's department store suppliers are pyramidal. Manufacturer - brand - general agent - grading agent - shopping mall, each floor has to increase the price to make money, although the shopping mall is the terminal link, but it does not implement the purchase system, like a homeowner, only need to provide the venue. There is no need to spend money to buy goods and sell them, and the higher the transaction price, the greater the profit.

In the sales process, they do not need to purchase goods, do not need inventory, do not need to wear and tear, do not need to occupy working capital, and do not need to pay salesmen's salaries. After deducting water, electricity and material consumption, it is net profit, so they don't care about the high price, because the lower the price, the less the commission. ”

Mr. Willis reacted, took the chart and asked, "This is why the sales prices of the surveyed companies in the United States are much lower than those in China?" ”

"It's not all."

Han Jun took another chart from Erin's hand and introduced it step by step: "In terms of logistics, China's railway freight is overloaded, and if you want to apply for a carriage index, the additional expenditure in addition to the freight is sometimes as high as 5,000 to 50,000 yuan.

In addition, China's highway tolls are very expensive, and traffic police fines are very high, which directly pushes up transportation costs. I'll give you a simple example, a special ticket from BJ to GZ is around 700 RMB. But if you drive from BJ to GZ, the toll on the expressway alone will exceed 1,400 yuan. ”

Seeing that the prosecution's lawyer was about to object, Han Jun immediately said: "The transaction costs in China are also very expensive, and many traders lack integrity, and arrears abound. Manufacturers can only secure their profits by increasing the ex-factory price. And the export only needs to sign a contract with the buyer, there is no trouble, although the profit is a little less, but the risk is very small.

Not to mention some expenses that we can't imagine, a factory to get an order, it takes a lot of time and financial resources to go to public relations. It is not easy to get the order, and it takes a lot of time and financial resources to get the payment. These 'public relations costs' will eventually be factored into the cost of production, and the selling price in China can only be so high, and it must be so high. ”

An ITC official exclaimed: "It's unbelievable that there are so many links and so many fees in one transaction!" ”

Han Jun confirmed with a wry smile: "Mr. Phelps, it is indeed unbelievable, but the fact is that although on the surface, China is still a backward country with a relatively backward standard of living compared to the United States. ”

Mr. Willis knew this, glanced sideways at the prosecution lawyer, knocked on the stack of charts he had just received, and said quietly: "Mr. Han, these charts you provided are very interesting, I think we need to discuss them, and the preliminary ruling will be announced one hour later." (To be continued......)