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China's rare earth enterprises actively prepare for the US 337 investigation
In the past, 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. Later, domestic related companies were already preparing materials. Insiders pointed out that the 337 investigation once again sounded the alarm for domestic enterprises, so that enterprises can fully realize that the current rare earth industry in China is mainly based on the export of rare earth minerals. In the future, it will encourage related companies to research and develop, patent applications, etc. The aspects are done in depth. Yantai Zhenghai Magnetic Materials Co., Ltd. told the reporter that "it is very busy now." The person in charge of the relevant department of the company said that after seeing the announcement of the 337 investigation by the US International Trade Commission (ITC), the company issued an announcement on September 20 stating that there was no infringement. However, the company's stock still fell 8.66% on that day. When asked if the company's stock price crash was caused by the 337 investigation, the person in charge told reporters that it was "the market factor." It is reported that Zhenghai Magnetic Materials is already preparing to respond to the materials, but has not yet entered the stage of going to the United States to exchange evidence. As for the lawyers who are alone, they are still cooperating with the other three “China Merchants†rare earth enterprises. The person in charge said that these issues are currently under consideration. Prior to the patent date, ITC officially launched a 337 survey of 29 companies including China, the United States, Germany and Austria based on the application of Hitachi Metals and its affiliates, Hitachi Metals North Carolina. Hitachi Metals believes that some of the products exported by these 29 companies to the US market infringe on their patents for sintered NdFeB materials (a kind of rare earth new materials) in the US market, so they requested ITC to address these violations immediately on August 17. Investigate and find that the above-mentioned companies have violated Section 337 and issued a general exclusion order prohibiting all of these companies from infringing the patented sintered rare earth magnets and audio equipment, electric tools, motors, electronic circuit parts, and auto parts containing infringing sintered rare earth magnets. And sports accessories entered the United States. There are 4 Chinese companies involved in this case, namely Yantai Zhenghai Magnetic Materials Co., Ltd., Ningbo Jinji Nippon Boron Magnetic Materials Co., Ltd., Anhui Dadi Xiongxin Materials Co., Ltd. and Hong Kong Chuangke Industrial Co., Ltd. In this regard, Zhenghai Magnetic Materials said in the announcement that even if the patent for the basic composition of NdFeB in the US market expires in 2014, the company's plan to fully open the international market may not be affected by the case. The announcement also pointed out that after preliminary analysis, the company did not infringe the above patents of Hitachi Metals, and will actively respond to the 337 investigation. The reporter reviewed the description of the patent on NdFeB issued by Hitachi Metals in April 2007. This patent is valid in the US market from April 1, 2007 to July 2014. According to the data, 11 companies from Japan, the United States, Germany, Finland and China purchased Hitachi Metal's NdFeB patent. Among them, there are 5 Chinese companies, including 3 listed companies , Zhongke Sanhuan , Antai Technology , Ningbo Yunsheng , Beijing Jinmeimei Magnetoelectric Technology Co., Ltd. and Beijing Yinnajinke Technology Development Co., Ltd. Chen Zhanheng, deputy secretary general of the China Rare Earth Association, told the reporter that the case is that Japan wants to counter China's control over the export of rare earth raw materials through technological control. China supplies more than 90% of rare earth raw materials to the world, but the technical control of high-end products of rare earth downstream is in the hands of Japan. Sintered NdFeB, which is involved in this 337 investigation, is one of the important categories of rare earth downstream applications. Zhu Shusen, chairman of Baotou Jinshan Magnetic Materials Co., Ltd. and chairman of Shanxi Magnetic Materials Alliance, told this reporter that China's NdFeB is mostly at the low-end level, mainly exported to Europe, Southeast Asia and the United States, and rarely exported to Japan. Because Japan itself is the main producer of NdFeB, it produces 10,000 to 20,000 tons per year, which is sufficient for its own use, and the Japanese market has strict requirements on patents. Foreign companies that have not purchased their patents cannot export their products to Japan. Since the patent for Hitachi Metal's NdFeB in Europe expired in 2004, Europe has become an important market for the export of NdFeB in China. The reporter learned that Japan relies on China's rare earth raw materials and intermediate alloys, and then produces high quality magnets for export to other countries. “They only need China's rare earth raw materials and market.†Chen Zhanheng said, “This time Hitachi Metal requested ITC to launch a 337 investigation on China's sintered NdFeB products, which is to use technology to counter China's control over the export of rare earth raw materials. They think If China can't produce NdFeB, it can only sell rare earth raw materials. It is reported that the large-scale enterprises with patent rights such as Zhongke Sanhuan have 50%~60% of the annual export volume to the US market, and Japan has already been able to The application market that comes to mind is as widely distributed as possible, and it is constantly enriched and updated, suppressing the efforts of other countries to gain market share, and controlling the market with technology. The idea is different. "Hitachi Metal may apply for a patent extension." Yu Shusen said that this is a bad news for the entire NdFeB industry. There are more than 390 NdFeB producers in China, but only five have purchased patents for NdFeB. An industry insider who asked not to be named told reporters that most companies export to the United States and Japan by relying on companies with patent rights. These companies need to pay some fees and export customs clearance by changing the product label. A company insider who bought the patent right to use NdFeB told reporters that some companies are now reluctant to export by means of a call. "The reason for this may be that the company believes that the patent term is about to pass and begins to export itself." A magnetic material expert told reporters. Another reason is that some companies are already preparing to strengthen research and development and consider applying for patents. Downstream companies are looking for ways to break the export technology blockade. Yu Shusen had hopes for the success of the 337 investigation. “The patent for NdFeB is a process patent. Unlike an invention patent, a company can no longer be used if it is registered with another family,†said Yu Shusen. According to Article 2 of the Chinese Patent Law, the object of the patent law includes three kinds of inventions, utility models and designs. The process patent is the second utility model patent. The above-mentioned insiders said that the Chinese companies involved can prove that they can produce the same products without using Japanese patents, or can prove that they can produce products through commercial operations, that is, unique raw materials and equipment. However, according to the reporter, several Chinese companies with patent rights have different attitudes toward the 337 investigation. They agree to buy patents and benefit from it. After the patent expires, those companies that were originally “undocumented†are likely to head up and gain market share that was previously restricted and not owned. Companies that have lost the patent protection "protective film" have to worry about orders that will be divided and reduced.