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At 9:00 pm on March 26th, Beijing time, the World Trade Organization (WTO) released the preliminary findings of its expert group regarding the dispute titled "US, EU, Japan v. China's export management measures for rare earth, tungsten and molybdenum-related products." The report concluded that China’s export tax and quota restrictions on these critical resources violate WTO rules. While the decision was framed as a legal ruling, many experts have raised concerns about its fairness, arguing that it effectively pressures China to lift its export controls and adopt more costly and inefficient methods to protect its natural resources and environment.
Notably, the report overlooked similar stringent export control policies in the U.S. and Europe—countries with the world’s most rigorous regulatory systems. This perceived double standard has sparked criticism, with some analysts suggesting that the ruling is not just about trade rules but also about enforcing Western dominance in global resource governance. Despite this, Chinese officials emphasized that while they cannot outright reject the ruling, they are exploring ways to navigate around it and challenge what they see as unfair treatment.
The dispute dates back to March 2012, when the U.S., Japan, and the EU filed a complaint with the WTO over China’s export tariffs, quotas, and distribution mechanisms for rare earths, tungsten, and molybdenum. An expert panel was established in July 2012, and after years of deliberation, the latest ruling found that China’s export controls violated WTO commitments. However, the panel did acknowledge China’s environmental and resource protection efforts, rejecting the EU’s claim that foreign companies were being unfairly treated in the molybdenum export quota process.
This outcome is not entirely unexpected. In previous cases, the WTO has already ruled against China’s export quota system for nine raw materials, signaling a broader trend. Experts warn that if the rare earth case follows the same pattern, China’s strategic resource export management could face significant challenges. “We are seriously evaluating whether to appeal,†said Yang Guohua, deputy director of the Treaty Law Department at the Ministry of Commerce, hinting that the case may go through a second instance before a final ruling is issued.
The environmental impact of rare earth mining has long been a concern. Rare earth elements are vital for high-tech industries such as electric vehicles, solar panels, and smartphones. However, their extraction often causes severe ecological damage. China, which supplies over 90% of the world’s rare earths, has faced pressure from developed nations that prefer to source from other countries rather than bear the environmental costs. In response, China implemented export quotas to manage resource depletion and environmental degradation, a move that has drawn strong opposition from the West.
With the potential removal of export quotas for non-ferrous metals, China’s resource sector may enter a new era of liberalization. Analysts caution that without proper safeguards, other strategically important resources could also fall under similar scrutiny. “Even if the rare earth case settles, there will be more battles over strategic resources,†said Tu Xinquan, vice president of the China WTO Research Institute. “China must prepare at the strategic level and review its current policies.â€
In response, China is working on alternative measures to protect its resources within WTO guidelines. These include total mining restrictions, resource taxes, and stricter environmental regulations. Officials are also pushing for greater industry consolidation and improved enforcement to ensure sustainable use of rare earths. “We need to strengthen environmental law enforcement and promote effective resource management,†said Zhang Anwen, deputy secretary general of the China Rare Earth Society.
At the same time, China is considering countermeasures to defend its interests. He Weiwen, director of the China WTO Research Association, suggested that China should enhance its strategic resource planning and, when necessary, file complaints against foreign actions that threaten its resource exports. “Using WTO rules legally, we can seek our rights and interests,†he said.
As the global competition for strategic resources intensifies, China remains committed to balancing economic development, environmental protection, and international trade obligations. The rare earth case serves as a reminder of the complex interplay between national interests and global governance.