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Anti-dumping Actions

Commodity: Certain organic coated steel products (‘OCS’), i.e. flat-rolled products of non-alloy and alloy steel (not including stainless steel) which are painted, varnished or coated with plastics on at least one side, excluding so-called ‘sandwich panels’ of a kind used for building applications and consisting of two outer metal sheets with a stabilising core of insulation material sandwiched between them, excluding those products with a final coating of zinc-dust (a zinc-rich paint, containing by weight 70% or more of zinc), and excluding those products with a substrate with a metallic coating of chromium or tin, currently falling within CN codes ex 7210 70 80, ex 7212 40 80, ex 7225 99 00, ex 7226 99 70 (TARIC codes 7210708011, 7210708091, 7212408001, 7212408021, 7212408091, 7225990011, 7225990091, 7226997011 and 7226997091).

Countries/Economies: The Chinese mainland.

Action: On 14 March 2018, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain organic coated steel products originating in the Chinese mainland. Following the publication of a notice of impending expiry of the anti-dumping measures in force, the European Commission received a request for a review. The request was lodged on 13 December 2017 by EUROFER (‘the applicant’) said to be representing more than 70% of the total Union production of certain organic coated steel products. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 214/2013. The applicant has claimed that it is not appropriate to use domestic prices and costs in mainland China due to the existence of significant distortions. The information contained in the report produced by the Commission services on 20 December 2017 describing the specific market circumstances in mainland China also tends to confirm the significant distortions alleged by the applicant. In particular, the production and sales of the product under review are potentially affected by the factors mentioned, inter alia, in the chapter ‘Steel Sector’ of the report. In addition to the report, the applicant referred to policy documents from the authorities of the Chinese mainland and reports issued by the US Department of Commerce, the International Monetary Fund, the EU Chamber of Commerce in mainland China, the WTO and other bodies. The applicant also referred to the Commission's findings in the original anti-subsidy proceeding regarding the product under review and in the anti-subsidy proceeding regarding hot-rolled flat steel products. In light of the information available, the Commission considers that there is sufficient evidence of significant distortions warranting the initiation of an investigation on that basis. The Commission may use the sampling procedure. Companies are invited to read the notice of initiation for this and any other relevant information.

Dates: Subject to the provisions of the notice, all interested parties have been invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, such information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice in the Official Journal. All interested parties may request to be heard by the Commission. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. The investigation will be concluded within 15 months of the date of the publication of the notice.

 

Commodity: Certain organic coated steel products (‘OCS’), i.e. flat-rolled products of non-alloy and alloy steel (not including stainless steel) which are painted, varnished or coated with plastics on at least one side, excluding so-called ‘sandwich panels’ of a kind used for building applications and consisting of two outer metal sheets with a stabilising core of insulation material sandwiched between them, excluding those products with a final coating of zinc-dust (a zinc-rich paint, containing by weight 70% or more of zinc), and excluding those products with a substrate with a metallic coating of chromium or tin, currently falling within CN codes ex 7210 70 80, ex 7212 40 80, ex 7225 99 00, ex 7226 99 70 (TARIC codes 7210708011, 7210708091, 7212408001, 7212408021, 7212408091, 7225990011, 7225990091, 7226997011 and 7226997091).

Countries/Economies: The Chinese mainland.

Action: On 14 March 2018, the Official Journal published a notice of initiation of an expiry review of the countervailing measures applicable to imports of certain organic coated steel products originating in the Chinese mainland. Following the publication of a notice of impending expiry of the countervailing measures in force the European Commission received a request for a review. The request was lodged on 13 December 2017 by EUROFER (‘the applicant’) said to be representing more than 70% of the total Union production of certain organic coated steel products. The measures currently in force are a definitive countervailing duty imposed by Council Implementing Regulation 215/2013. The applicant is said to have provided sufficient evidence that the producers of the product under review have benefitted and are likely to continue to benefit from a number of subsidies granted by the Chinese mainland Government and from regional and local governments. It is alleged that the subsidy practices consist, among others, of a direct transfer of funds and potential direct transfers of funds or liabilities, for example various grants, preferential loans, directed credits and debt for equity swaps by state-owned banks, export credits and export guarantees and insurances, and government revenue forgone or not collected, for example income tax reductions and exemptions, import tariff rebates and VAT exemptions and rebates. The applicant alleges that the measures described are subsidies since they involve a financial contribution from the Government of the country concerned or regional and local governments in that country and confer a benefit to producers of the product under review. Those subsidies are alleged to be specific to an enterprise or industry or group of enterprises or industries or contingent upon export performance and therefore countervailable. The Commission reserves the right to investigate other relevant subsidy practices which may be revealed during the course of the investigation. The Commission may use the sampling procedure. Companies are invited to read the notice of initiation for this and any other relevant information.

Dates: Subject to the provisions of the notice, all interested parties have been invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, such information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice in the Official Journal. All interested parties may request to be heard by the Commission. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

 

Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes 8501310081, 8501310089, 8501320041, 8501320049, 8501330061, 8501330069, 8501340041, 8501340049, 8501612041, 8501612049, 8501618041, 8501618049, 8501620061, 8501620069, 8501630041, 8501630049, 8501640041, 8501640049, 8541409021, 8541409029, 8541409031 and 8541409039). For excluded product types please see Article 1 of Regulation 2017/367.

Countries/Economies: The Chinese mainland.

Action: On 13 March 2018, the Official Journal published a notice of the impending expiry of certain anti-dumping measures, namely, those targeting crystalline silicon photovoltaic modules and key components (i.e. cells) from mainland China. The Commission has given notice that, unless a review is initiated in accordance with the following procedure, the currently applicable anti-dumping measures will expire on 3 September 2018. Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

Dates: Union producers may submit a written request for a review on the above basis, to reach the European Commission at any time from the date of the publication of the notice but no later than three months before the scheduled date of expiry.

Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90 (TARIC codes 8501310081, 8501310089, 8501320041, 8501320049, 8501330061, 8501330069, 8501340041, 8501340049, 8501612041, 8501612049, 8501618041, 8501618049, 8501620061, 8501620069, 8501630041, 8501630049, 8501640041, 8501640049, 8541409021, 8541409029, 8541409031 and 8541409039). For excluded product types please see Article 1 of Regulation 2017/366.

Action: On 13 March 2018, the Official Journal published a notice of the impending expiry of certain anti-subsidy measures, namely, those targeting crystalline silicon photovoltaic modules and key components (i.e. cells) from mainland China. The Commission has given notice that, unless a review is initiated in accordance with the following procedure, the currently applicable countervailing measures will expire on 3 September 2018. Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of subsidisation and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

Dates: Union producers may submit a written request for a review on the above basis, to reach the European Commission at any time from the date of the publication of the notice but no later than three months before the scheduled date of expiry.

 

Commodity: aluminium foil of a thickness of 0.007 mm or more but less than 0.021 mm, not backed, not further worked than rolled, whether or not embossed, in low weight rolls of a weight not exceeding 10 kg, currently falling within CN codes ex 7607 11 11 and ex 7607 19 10 (TARIC codes 7607111110 and 7607191010).

Countries/Economies: The Chinese mainland.

Action: On 13 March 2018, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain aluminium foil in rolls originating in the Chinese mainland. The request for a review was lodged on 14 December 2017 by eight EU producers (ALEURO Converting Sp. Z o.o., CeDo Sp. z.o.o., Cuki Cofresco SpA, Fora Folienfabrik GmbH, ITS BV, Rul-Let A/S, SPHERE SA and Wrapex Ltd), jointly referred to as the ‘applicants’ that are said to be representing more than 40% of the total Union production of certain aluminium foil in rolls. The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation 217/2013. The applicants claimed that it is not appropriate to use domestic prices and costs in the Chinese mainland due to the existence of significant distortions. To substantiate the allegations of significant distortions, the applicants referred to the findings in the original anti-dumping investigation, a market intelligence analysing Chinese State involvement in the non-ferrous metal sector, as well as other evidence and policy documents pointing towards the distortion of prices of the upstream product, aluminium. The information contained in the report produced by the Commission services on 20 December 2017 describing the specific market circumstances in the Chinese mainland also tends to confirm (according to the Commission) the significant distortions alleged by the applicants. In light of the information available, the Commission considers that there is sufficient evidence of significant distortions within the meaning of the basic anti-dumping Regulation to warrant the initiation of an investigation on that basis. The Commission may use the sampling procedure. For details of this and any other relevant information please see the notice of initiation.

Dates: Subject to the provisions of the notice, all interested parties have been invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, such information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice in the Official Journal. All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. The investigation will be concluded within 15 months of the date of the publication of the notice.

 

Commodity: seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft), currently falling within CN codes 7304 11 00, 7304 22 00, 7304 24 00, ex 7304 41 00, 7304 49 10, ex 7304 49 93, ex 7304 49 95, ex 7304 49 99 and ex 7304 90 00 (TARIC codes 7304 41 00 90, 7304 49 93 90, 7304 49 95 90, 7304 49 99 90 and 7304 90 00 91).

Countries/economies: The Chinese mainland.

Action: On 6 March 2018, the Official Journal published Commission Implementing Regulation 2018/330 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel (‘SSSPT’) originating in the Chinese mainland, following an expiry review. Following the publication of a notice of impending expiry of the anti-dumping measures in force, the Commission received a request for the initiation of an expiry review. The request was lodged by Seamless Stainless Steel Tubes Industry of the European Union said to be representing more than 50% of the total Union production of SSSPT. The request was based on the grounds that the expiry of the measures would likely result in recurrence of dumping and recurrence of injury to the Union industry. Having determined that sufficient evidence existed for the initiation of an expiry review, the Commission announced, on 10 December 2016, the initiation of the expiry review. The investigation showed that Chinese imports continued to enter the Union market at dumped prices during the review investigation period. It also demonstrated that the spare capacity in the Chinese mainland was very significant in comparison with the Union consumption during the review investigation period. This spare capacity is, it is felt, likely to be directed at least in part to the Union market, should the measures be allowed to lapse. The Commission also concluded that the Union industry has benefitted from the original measures, as it showed some improvements throughout the period considered. However, the Union industry is recovering at a slow pace and continues to be in a fragile and vulnerable situation. Accordingly, in the review investigation period, the Union industry was found to be suffering material injury.

Rates: The rate of the definitive anti-dumping duty shall be between 48.3% and 71.9% for named companies, and 71.9% for all other companies.

Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

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