Anti-dumping Duty updates August 2023

August 22, 2023

Brazil extends the anti-dumping duty on imports of seamless carbon steel line pipes

The Brazilian ministry of Industry, trade and Service announced the extension of anti-dumping measures imposed against imports of seamless carbon steel line pipes with up to give inches in diameter from Romania and China. The extension is valid for five years with an additional of $743/MT for the Chinese product and $ 75.11/MT for the Romanian products.

Canada: Statement of Reasons—Preliminary determinations: Wind towers (WT 2023 IN)

Pursuant to subsection 38(1) of the Special Import Measures Act, the Canada Border Services Agency made preliminary determinations on July 20, 2023 respecting the dumping and subsidizing of certain steel utility wind towers and sections originating in or exported from China.On the same date, pursuant to subsection 8(1) of SIMA, provisional duties were imposed on imports of dumped and subsidized goods that are of the same description as any goods to which the preliminary determinations apply, and that are released during the period commencing on the day the preliminary determinations were made and ending on the earlier of the day on which the CBSA causes the investigations in respect of any goods to be terminated pursuant to subsection 41(1) of SIMA or the day the CITT makes an order or finding pursuant to subsection 43(1) of SIMA.

Classification of imports

The subject goods are normally imported under the following tariff classification number: 7308.20.00.00. However, they can also be imported under the following tariff number, in particular if they are imported with other wind turbine components, such as the nacelle or rotors: 8502.31.00.00. The listing of tariff classification numbers is for convenience of reference only. The tariff classification numbers include non-subject goods. Also, subject goods may fall under tariff classification numbers that are not listed. Refer to the product definition for authoritative details regarding the subject goods.

Canada: Notice of conclusion of expiry review investigation of Piling Pipe

The expiry review investigation has now been completed and on 10 August 2023, pursuant to paragraph 76.03(7)(a) of SIMA, the CBSA has determined that the expiry of the order:

  • is likely to result in the continuation or resumption of dumping of such goods originating in or exported from China; and
  • is likely to result in the continuation or resumption of subsidizing of such goods originating in or exported from China.

A Statement of Reasons that contains additional details concerning the determinations made by the CBSA will be issued within 15 days. The CITT will now conduct an inquiry to determine whether the expiry of the order is likely to result in injury to the domestic industry and has announced that it will issue its decision no later than January 17, 2024.

Canada: Statement of Reasons—Expiry Review Determination: Liquid dielectric transformers (TR 2023 ER)

On July 13, 2023, pursuant to paragraph 76.03(7)(a) of the Special Import Measures Act, the Canada Border Services Agency determined that the expiry of the Canadian International Trade Tribunal's order made on May 31, 2018, in expiry review RR-2017-002, is likely to result in the continuation or resumption of dumping of certain liquid dielectric transformers originating in or exported from the Republic of Korea.

Canada: Notice of expedited review: Hollow structural sections (HSS 2023 XR)

In response to a request for an expedited review from Histeel Co., Ltd. (Histeel), the Canada Border Services Agency (CBSA) has initiated an expedited review of certain hollow structural sections (HSS) exported to Canada from South Korea by Histeel, pursuant to subsection 13.2(3) of the Special Import Measures Act (SIMA). This expedited review is part of the ongoing enforcement of the Canadian International Trade Tribunal's (CITT) finding of material injury issued on December 23, 2003, respecting the dumping of HSS from South Korea and Türkiye. The finding was subsequently reviewed and continued by orders dated December 22, 2008, December 20, 2013, and October 16, 2019. The product definition and the applicable tariff classification numbers of the goods subject to the CITT’s finding are contained in Appendix 1 (subject goods).

Should an exporter decide to participate in this expedited review, it is required to provide a complete and accurate response to the CBSA's Dumping Request for Information (RFI) by noon September 1, 2023, Eastern Time. The exporter will be considered co-operative if the requested information is complete, submitted on time and the exporter permits verification of the data.

The subject goods would be normally imported under the following tariff classification numbers: 7306.30.00.41; 7306.30.00.51; 7306.30.00.61; 7306.30.00.71; 7306.30.00.89; 7306.50.00.00; 7306.61.00.39; 7306.61.00.49. This listing of tariff classification numbers is for convenience of reference only. The tariff classification numbers include non-subject goods.

Canada: Notice of conclusion of a re-investigation: Corrosion-resistant steel sheet 2 (COR2 2023 RI)

The Canada Border Services Agency (CBSA) has concluded a re-investigation of the normal values and export prices respecting certain corrosion-resistant steel sheet (COR) from Türkiye and Vietnam and amounts of subsidy of COR from Türkiye, in accordance with the Special Import Measures Act (SIMA). The re-investigation was initiated on January 16, 2023, as part of the CBSA’s ongoing enforcement of the Canadian International Trade Tribunal’s (CITT) finding issued on November 16, 2020 in Inquiry No. NQ-2019-002. The period of investigation (POI) and the profitability analysis period (PAP) for the re-investigation was from December 1, 2021 to November 30, 2022.

EU initiated an investigation on the countervailing measures imposed by Implementing Regulation (EU) 2019/2092 on imports of biodiesel 

As per EU regulation (EU) 2023/1637, EU has initiated an investigation concerning possible circumvention of the countervailing measure imposed by Implementing Regulation (EU) 2019/2092 on imports of biodiesel originating in Indonesia by imports of biodiesel consigned from the People’s Republic of China and the United Kingdom, whether declared as originating in the People’s Republic of China and the United
Kingdom or not, and making such imports subject to registration.

The product under investigation is the same as that defined in the previous recital, currently falling under CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 95, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47, 2710 20 11, 2710 20 16, ex 3824 99 92, 3826 00 10 and ex 3826 00 90, but consigned from the People’s Republic of China and the United Kingdom, whether declared as originating in the People’s Republic of China and the United Kingdom or not (TARIC codes 1516 20 98 22, 1516 20 98 23, 1516 20 98 31, 1516 20 98 32, 1518 00 91 22, 1518 00 91 23, 1518 00 91 31, 1518 00 91 32, 1518 00 95 10, 1518 00 95 11, 1518 00 99 22, 1518 00 99 23, 1518 00 99 31, 1518 00 99 32, 2710 19 43 22, 2710 19 43 23, 2710 19 43 31, 2710 19 43 32, 2710 19 46 22, 2710 19 46 23, 2710 19 46 31, 2710 19 46 32, 2710 19 47 22, 2710 19 47 23, 2710 19 47 31, 2710 19 47 32, 2710 20 11 22, 2710 20 11 23, 2710 20 11 31, 2710 20 11 32, 2710 20 16 22, 2710 20 16 23, 2710 20 16 31, 2710 20 16 32, 2710 20 16 91, 2710 20 16 92, 3824 99 92 11, 3824 99 92 13, 3824 99 92 15, 3824 99 92 16, 3826 00 10 21, 3826 00 10 22, 3826 00 10 51, 3826 00 10 52, 3826 00 10 90, 3826 00 10 91, 3826 00 90 12, 3826 00 90 13, 3826 00 90 31 and 3826 00 90 32) (‘the product under investigation’).

EU initiated an investigation concerning possible circumvention of the anti-dumping measures imposed on imports of stainless steel cold-rolled flat products

As per EU regulation (EU) 2023/1632, EU has initiated an investigation concerning possible circumvention of the anti-dumping measures imposed by Implementing Regulation (EU) 2021/2012 on imports of stainless steel cold-rolled flat products originating in Indonesia, by imports of stainless steel cold-rolled flat products consigned from Taiwan, Türkiye and Vietnam, whether declared as originating in Taiwan, Türkiye and Vietnam or not, and making imports of stainless steel cold-rolled flat products consigned from Taiwan, Türkiye and Vietnam subject to registration.

The product concerned by the possible circumvention is flat-rolled products of stainless steel, not further worked than cold-rolled (cold-reduced), classified on the date of entry into force of Commission Implementing Regulation (EU) 2021/2012 under CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7219 90 20, 7219 90 80, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81, 7220 20 89, 7220 90 20 and 7220 90 80 and originating in Indonesia (‘the product concerned’). 

This is the product to which the measures that are currently in force apply. The product under investigation is the same as that defined in the previous recital, currently falling under CN codes 7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7219 90 20, 7219 90 80, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81, 7220 20 89, 7220 90 20 and 7220 90 80, but consigned from Taiwan, Türkiye or Vietnam, whether declared as originating in Taiwan, Türkiye and Vietnam or not (TARIC codes 7219 31 00 10, 7219 32 10 10, 7219 32 90 10, 7219 33 10 10, 7219 33 90 10, 7219 34 10 10, 7219 34 90 10, 7219 35 10 10, 7219 35 90 10, 7219 90 20 10, 7219 90 80 10, 7220 20 21 10, 7220 20 29 10, 7220 20 41 10, 7220 20 49 10, 7220 20 81 10, 7220 20 89 10, 7220 90 20 10 and 7220 90 80 10) (‘the product under investigation’).

EU tightens anti-dumping measures on optical fibre cables from China to defend significant EU industry

The European Commission has doubled its anti-dumping duties on optical fibre cables from China, following an investigation which found that Chinese exporters of optical fibre cables were attempting to impede the effects of the original measures. Chinese exporters had deliberately decreased their prices to impede the remedial effects of measures originally imposed on imports from China in November 2021. The new anti-dumping duties on optical fibre cables will range from 39.4% to 88%, which is twice the original duties and the maximum increase allowed. They will restore the level playing field undermined by Chinese exporters who decreased their export prices to 'absorb' the original duties imposed by the Commission.

Optical fibres are crucial for the EU’s transition to advanced broadband telecommunication and the European optical fibre cable industry – which employs over 5,000 people across many Member States and has a key role to play in the implementation of the EU’s digital agenda. Today’s tightening of measures aims to ensure that the EU industry is not weakened by unfair trading practices of competitors and that it can continue to compete on an equal footing.

EU renews duties on dumped metal compound from China, helping increase sustainability and reduce dependence on imports of critical raw material

The European Commission has renewed anti-dumping duties on imports of tungsten carbide from China for another five years, following an investigation which showed that EU industry would sustain injury from dumped imports if the measures were to lapse. In place since the 1990s, the EU’s anti-dumping measures on tungsten carbide from China raised the prices of the compound to levels which made the recovery of scrap financially interesting for the EU industry and encouraged innovation of the recycling process.

As a result, EU producers have become more sustainable, following a pattern of circular economy embedded the European Green Deal. At the same, EU producers reduced their consumption of tungsten, the critical raw material needed to make tungsten carbide, and therefore reduced the Union’s dependency on tungsten imports, in line with the objectives of the recent proposal for the European Critical Raw Materials Act.  Tungsten carbide is needed to make hard metal tools which are used in the construction, mining, automotive and defence industries. The EU tungsten carbide industry currently employs over 1,000 people and is worth around EUR 500 million.

EU: Notice of initiation of an anti-dumping proceeding concerning imports of certain alkyl phosphate
esters

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (‘the basic Regulation’), alleging that imports of certain alkyl phosphate esters, originating in the People’s Republic of China, are being dumped and are thereby causing injury to the Union industry. The product allegedly being dumped is the product under investigation, originating in the People's Republic of China (‘the country concerned’), currently classified under ex CN code 2919 90 00 (TARIC codes 2919 90 00 50 and 2919 90 00 65) and ex CN code 3824 99 92 (TARIC code 3824 99 92 38). 

EU: Imposed definitive antidumping duty on imports of optical fibre cables 

The product under investigation is single mode optical fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether containing electric conductors, originating in China, currently falling under CN code ex 8544 70 00 (TARIC code 8544 70 00 10). The following products are excluded:

  1. cables in which all the optical fibres are individually fitted with operational connectors at one or both extremities; and
  2. cables for submarine use. Cables for submarine use are plastic insulated optical fibre cables, containing a copper or aluminium conductor, in which fibres are contained in metal module(s).

The optical fibre cables are used as an optical transmission medium in telecommunication networks in long haul, metro, and access networks.

EU: Imposed a definitive anti-dumping duty on imports of tungsten carbide, fused tungsten carbide and tungsten carbide simply mixed with metallic powder 

EU has imposed a definitive anti-dumping duty on imports of tungsten carbide, fused tungsten carbide and
tungsten carbide simply mixed with metallic powder originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council. The Council extended the measures for another five-year period.

EU: imposed a definitive anti-dumping duty on imports of ceramic tiles 

EU has amended Implementing Regulation (EU) 2023/265 and imposed a definitive anti-dumping duty on imports of ceramic tiles originating in India and Türkiye.

EU: imposed on imports of ceramic tableware and kitchenware 

EU has accepted a request for new exporting producer treatment with regard to the definitive antidumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China and amending Implementing Regulation (EU) 2019/1198. 

The Commission imposed individual anti-dumping duty rates ranging from 13,1 % to 18,3 % on imports of ceramic tableware and kitchenware for the sampled exporting producers from the PRC. For the cooperating exporting producers that were not included in the sample, a duty rate of 17,9 % was imposed. The cooperating exporting producers not included in the sample are listed in Annex 1 of Regulation (EU) 2019/2131. Furthermore, a countrywide duty rate of 36,1 % was imposed on the product concerned from companies in the PRC which either did not make themselves known or did not cooperate with the investigation. The applicant and the Union industry were informed of the essential facts and considerations based on which it was considered appropriate to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Shenzhen M&G Ceramics Co., Ltd. (“M&G”).

EU: Imposed a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm

EU has imposed a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm, originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council. The anti-dumping duties currently in force are at rates ranging between 29,2 % and 41,4 % on imports from the sampled exporting producers, 45,6 % on the non-sampled cooperating companies and a duty rate of 54,9 % on all other companies from the People’s Republic of China (‘PRC’ or ‘China’). The product under review is the same as in the original investigation, namely certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm, currently falling under CN codes 7304 19 90, ex 7304 29 90, 7304 39 88 and 7304 59 89 (TARIC code 7304 29 90 90) (‘the product under review’).

EU: imposed a definitive anti-dumping duty on imports of certain continuous filament glass fibre products 

EU has imposed a definitive anti-dumping duty on imports of certain continuous filament glass fibre products originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council. The product under review is the same as in the original investigation and previous expiry review, namely, chopped glass fibre strands, of a length of not more than 50 mm; glass fibre rovings, excluding glass fibre rovings which are impregnated and coated and have a loss on ignition of more than 3 % (as determined by the ISO Standard 1887); and mats made of glass fibre filaments excluding mats of glass wool, currently falling under CN codes 7019 11 00, ex 7019 12 00 (TARIC codes 7019 12 00 22, 7019 12 00 25, 7019 12 00 26, 7019 12 00 39), 7019 14 00 and 7019 15 00. The CN and TARIC codes are given for information only, without prejudice to a subsequent change in the tariff classification.

India: imposed anti-dumping duty on Dispersion Unshifted Single Mode Optical Fiber (SMOF) 

As per Customs notification no. 07/2023, India has imposed ADD on Dispersion Unshifted Single Mode Optical Fiber (SMOF) originating in or exported from China PR, Indonesia and Korea RP. Product is classified under HTS 90011000. The product under consideration  is  "Dispersion  Unshifted  Single –Mode  Optical  Fiber" ("SMOF"). The product scope covers Dispersion Unshifted Fiber (G.652) and Bend insensitive single mode Fiber (G.657).  Dispersion Shifted Fiber (G.653),  Cut-off  shifted  single  mode  optical  Fiber (G.654), and Non-Zero Dispersion Shifted Fiber (G.655 & G.656) are specifically excluded from the scope of the PUC.

The trading of this commodity occurs in FKM (fibre kilometre)/KFKM (1KFKM = 1000 FKM). The recommended ADD should be collected in this unit. Accordingly, steps may be taken to ensure the same. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette, and shall be payable in Indian currency.

United States: Initiates Antidumping and Countervailing Duty Investigations of Certain Pea Protein from the People’s Republic of China

On August 2, 2023, the U.S. Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of certain pea protein (classified under HTS code 3504.00.1000, 3504.00.5000, and 2106.10.0000) from the People’s Republic of China. 

United States Initiates Antidumping Duty Investigations of Mattresses

On August 18, 2023, the U.S. Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) investigations of mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, Mexico, the Philippines, Poland, Slovenia, Spain, and Taiwan and a countervailing duty (CVD) investigation of mattresses from Indonesia. The products are classified under US HTS subheadings 9404.21.0010, 9404.21.0013, 9404.21.0095, 9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085, 9404.29.9087, and 9404.29.9095.

United States: Preliminary Affirmative Determinations in the Antidumping Duty Investigations of Tin Mill Products 

On August 17, Commerce announced the preliminary determinations in the antidumping duty (AD) investigations of tin mill products from Canada, the People’s Republic of China (China), Germany, the Republic of Korea (Korea), the Netherlands, Taiwan, the Republic of Turkey (Turkey), and the United Kingdom. Commerce is conducting a concurrent countervailing duty (CVD) investigation on imports of tin mill products from China. The products are classified under US HTS subheadings 7210.11.0000, 7210.12.0000, 7210.50.0020, 7210.50.0090, 7210.50.0000, 7212.10.0000, 7212.50.0000, 7225.99.0090, and 7226.99.0180.

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