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    China Business
     Jul 3, 2012


Chinese makes case for rare earth curbs
By Robert M Cutler

MONTREAL - The information office of China's State Council (government cabinet) has launched a public defense of the country's rare earths industry with its first-ever white paper, "The Situation and Policies of China's Rare Earth Industry". This publication, which Beijing officially calls a "white paper", represents one of the few recently accurate uses of the term.

The designation originated roughly a century ago to apply to brief research reports used by the British parliament and bound in white covers. (It was intended to distinguish them in this way from the parliament's "blue books", which were detailed documents bound in blue covers.) And such a white paper is exactly what the

 

State Council research report is.

Rare earths are a set of 17 metals the properties of which have made them essential to the production of an important range of modern electronic equipment ranging from mobile phones to wind turbines to motors for electric automobiles, not to mention a gamut of defense-related high technologies.

The white paper estimates that China holds just under one-quarter of global rare earth deposits. This estimate has shocked some people who relied on the 37% estimate by the US Geological Survey, indeed driving up some share prices in the US and Europe; those people failed to notice that that still oft-quoted estimate is six years old.

Nevertheless, China continues for the present to account for slightly over nine-tenths of global rare earths production, although this figure is down from the over-95% proportion that drew headlines in the past decade and prompted public debates over "strategic minerals" in the US and Europe. Increased exploration over the past six years has discovered quantities in other locations.

Chinese deposits as a proportion of the global total are therefore likely to fall further, as demand will not decline and shortfalls in global production are projected at least through the middle of the current decade. Thus the public attention accorded to the question has led even to the study of the possibility of their recovery from undersea mud near geothermal vents, which Japanese scientists last year established as technically feasible.

China announced in 2009 that it would limit export quotas of rare earths for the period 2010-2015 to 35,000 tonnes per year, then announced in 2010 that the export limit for 2011 would be reduced further to 14,446 tonnes.

The document newly published by the State Council intends to defend China against a diplomatic assault upon these export limitations and other alleged barriers to trade, led by the European Union, United States, and Japan within the rules of the World Trade Organization (WTO).

Four months ago after the EU, US, and Japan filed a WTO complaint against China's export restrictions, consultations were held among the concerned parties. Because those consultations did not reach a conclusive settlement, the complainants have now formally requested the formation of a WTO dispute settlement panel.

The EU, US, and Japan are protesting against conditions that have the result of forcing companies from there to move their factories to China in order to retain access to Chinese rare earths. Last July, they won a ruling that China had failed to honor other commitments made during its WTO accession, illegally restricting exports of other minerals through duties and quotas.

Rare earths were not at issue then, but that ruling affected such raw materials as bauxite (the principal aluminum ore), magnesium, manganese, various silicon compounds, types of phosphorus, and zinc. The new complaint includes molybdenum and tungsten along with the seventeen rare earths.

At the time of the July 2011 ruling, the Chinese commerce ministry vowed to appeal it. The Chinese defense regarding new but similar rare earths issue will rest upon WTO provisions permitting limitations on exports for purposes of environmental protection and natural resource conservation.

Thus the State Council's white paper, an official statement that is nevertheless not authoritatively binding, takes that exact line of argument. It reprises and extends the arguments made at a Beijing press conference last week by the country's vice-minister of industry and information technology, Su Bo.

It is true, as Bo said, that the mining of rare earth minerals is exceptionally destructive of the natural environment. Yet Brussels, which has been most outspoken on the issue in the WTO context, insists that Beijing's use of export quotas, higher taxes, production limits, and tougher emission standards does not really solve the problem of assuring sustainable development.

In particular, the EU asserts that these policies are a cover for giving Chinese producers, buyers, and manufacturers an unfair advantage while raising prices to foreign competitors. As EU Trade Commissioner Karel De Gucht put it, "China's restrictions on rare earths ... continue to significantly distort global markets to the disadvantage of our companies."

The WTO proceedings will take years to complete, however, and in the meantime US, German, and Australian companies are developing the exploitation of rare earth deposits in their own countries and abroad. This is occurring especially in Asia, where Malaysian politics have recently been embroiled by Australian plans for rare earths and where German plans for exploration and development in Kazakhstan have received rather less attention.

Dr Robert M Cutler (http://www.robertcutler.org), educated at the Massachusetts Institute of Technology and The University of Michigan, has researched and taught at universities in the United States, Canada, France, Switzerland, and Russia. Now senior research fellow in the Institute of European, Russian and Eurasian Studies, Carleton University, Canada, he also consults privately in a variety of fields.

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