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EUROPE
EU launches stainless steel fastener circumvention investigation
On 15th June the European Commission published Regulation EU 502/2012
initiating an investigation of possible circumvention of anti-dumping measures on imports of stainless steel fasteners originating in China via Malaysia, Thailand and the Philippines.
Malaysia, Thailand and the Philippines. This evidence includes changes in the pattern of trade involving exports of the products following the continuation of anti-dumping tariffs on stainless steel fasteners originating from the People’s Republic of China and Taiwan under EU regulation 2/2012. It also has sufficient evidence that the product under investigation is being imported at dumped price levels. Exporters from the countries under investigation are entitled to apply for exemption
T
EURO trade available
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from the possible application of anti-dumping duties. To do so they needed to apply to the Commission within strict time limits and cooperate with its investigators. The regulation instructs national customs authorities to register imports of the cited
stainless steel products from the countries under investigation from the date it commenced. Under EU anti-dumping law the Commission has the power to apply anti-dumping tariffs retrospectively to imports received from the date the investigation commenced except where an exporter succeeds in obtaining an exemption. This happened as a result of the circumvention investigation on steel fasteners from Malaysia last year. The investigation will conclude within nine months from 15th
June 2012. A full copy of the
regulation can be downloaded in any EU official language by visiting the EU Official Journal at
eur-lex.europa.eu and going to 14.06.2012 L153 page 8.
Provisional CVDs on Indian stainless steel fasteners lifted
The European Commission terminated the anti-subsidy proceeding concerning imports of stainless steel fasteners from India. Provisional countervailing duties ranging from 3.2% to 16.5% applied in February were removed by Commission Decision 2012/278/EU, published 24th
May 2012.
been applied but the decision deemed this to have been overestimated. Viraj accounted for 87 percent of Indian exports of the cited product to the EU during the
S
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investigation period. The Commission confirmed earlier findings that other stainless steel fastener exporters benefited from greater levels of subsidy but, similarly to the anti-dumping proceedings also recently terminated, ruled “A causal link between the subsidised imports, accounting for a mere 13 percent of the total quantity exported from India, and the injury suffered by the union industry cannot be sufficiently established.” The Commission’s decision notes that, while imports from Viraj could not be deemed to be
subsidised, “prices of imports from India decreased overall by 9% in the period considered, remaining always lower than import prices from the rest of the world and sales prices of the Union Industry.” It also notes that the volume of imports from India increased “dramatically by 65% over the period considered, increasing their market share from 12.1% to 18.3%”.
ubsequent to its provisional decision the EC reconsidered its assessment of the level of subsidy to Viraj Profiles Ltd, India’s largest exporter of the stainless steel fasteners under investigation. A recalculation took the subsidy rate below the minimum threshold at which the EU considers it to have an effect. A 3.2 percent CVD rate had provisionally
he investigation, which was initiated on the European Commission’s own initiative rather than in response to a complaint from EU manufacturers, commenced 14th June 2012. The Commission says it has prima facie evidence that anti-dumping tariffs on stainless steel fasteners are being circumvented by means of transhipment via
Fastener + Fixing Magazine • Issue 76 July 2012
deutschinfo@brightonbest.com franceinfo@brightonbest.com sales@brightonbest.org
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