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EU Initiates Expiry Review on Chinese Anti-dumping Measures
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2014-05-29
On 30th January the European Commission published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain iron or steel fasteners originating in the People's Republic of China. Notice 2014/C 27/11 confirmed that the European Industrial Fasteners Institute (EIFI) lodged a request for an expiry review on 1st October 2013, on the grounds that termination of the anti-dumping in relation of the measures applied by Regulations 91/2009 and 924/2012 (extending anti-dumping measures to product consigned from Malaysia) would result in recurrence of dumping and injury to EU fastener manufacturers.
The notice details that EIFI's assertion are based on analysis of Chinese export prices to the USA and also prices offered for export to the EU when the product is transhipped through a third country. The potential for recurring injury, says the EIFI, is because of China's fastener manufacturing capacity and the attractiveness of the EU as a target market. EIFI also notes that Chinese prices to other world markets significantly undercut the price levels EU fastener manufacturers are able to offer.
The expiry review investigation will take up 15 months to reach a decision, during which period the existing anti-dumping measures on imports from both China and Malaysia will remain in force. Expiry reviews consider:
• Evidence of continued dumping and injury.
• Evidence that removal of injury has only been due to the application of the measures.
• Evidence that further dumping and injury is likely if the measures are repealed.
The expiry review will not consider the level of tariffs in force, effectively only reaching a simple yes-no decision whether the existing measures should continue in current form or not. The level of tariffs can only be considered if an application is made for an Interim Review to be run alongside the Expiry Review. To date there has been no indication from the European Commission that such an application has been made. The expiry review notice invited organisations to apply to be an interested party in the Review, allowing them to make submissions to the investigation.
If the Commission determines that dumping and injury will recur the measures would be extended by regulation for a further five years from the date of that decision. This would mean that the anti-dumping duties would remain in force until into 2020.
The notice details that EIFI's assertion are based on analysis of Chinese export prices to the USA and also prices offered for export to the EU when the product is transhipped through a third country. The potential for recurring injury, says the EIFI, is because of China's fastener manufacturing capacity and the attractiveness of the EU as a target market. EIFI also notes that Chinese prices to other world markets significantly undercut the price levels EU fastener manufacturers are able to offer.
The expiry review investigation will take up 15 months to reach a decision, during which period the existing anti-dumping measures on imports from both China and Malaysia will remain in force. Expiry reviews consider:
• Evidence of continued dumping and injury.
• Evidence that removal of injury has only been due to the application of the measures.
• Evidence that further dumping and injury is likely if the measures are repealed.
The expiry review will not consider the level of tariffs in force, effectively only reaching a simple yes-no decision whether the existing measures should continue in current form or not. The level of tariffs can only be considered if an application is made for an Interim Review to be run alongside the Expiry Review. To date there has been no indication from the European Commission that such an application has been made. The expiry review notice invited organisations to apply to be an interested party in the Review, allowing them to make submissions to the investigation.
If the Commission determines that dumping and injury will recur the measures would be extended by regulation for a further five years from the date of that decision. This would mean that the anti-dumping duties would remain in force until into 2020.
