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METAL EXPERT INTERNATIONAL STEEL PLATE CONFERENCE Clara Van Hemelrijck, Van Bael & Bellis (Brussels) Frankfurt, 2 March 2015 AD investigations in the EU – Overview Anti-dumping measures have often been used by the EU industry against unfair imports of steel products The “protectionist” era against general types of HRC, CRC and GOES is probably over, while new AD/AS proceedings against specialty and more narrowly defined products are still very likely China remains the main target of anti-dumping actions by the EU EUROFER actively monitors steel imports and is prepared to request initiations of new TDI proceedings in the EU Product category Iron and steel (including iron and steel products) Source: EU Commission Annual Report (2014) 2010 2011 2012 2013 2014 3 6 11 1 9 EUROFER is an active user of trade defense instruments From EUROFER’s recent statement (14/01/2015) on foreign tradedistorting industrial policies and their impact on the recovery of the European steel industry: European imports of Chinese boron-alloyed steel products surged in the first 10 months of 2014 year-on-year by +83% (plate) and +375% (rebar). “Trade-distorting industrial policies by third countries are detrimental to the recovery of the European steel industry and destroy jobs in Europe”, Eggert says. “The EU must vigorously act to re-establish fair trade for European steelmakers. We strongly welcome the Commission’s awareness of the problem.” http://www.eurofer.be/News%26Media/Press%20releases/Foreign%20trade%20distorting%20ind%20p olicy.fhtml Treatment of China in Anti-dumping investigations Currently China is treated as a non-market economy (non-MET) country for purposes of anti-dumping investigations; Non-MET status affects determination of Normal Value of Chinese exporters and the resulting dumping margin; In practice, non-MET status leads to higher anti-dumping measures; European Commission is currently considering whether to grant China a fully-fledged market economy status (MET) at the end of 2016 on the basis of China’s WTO accession protocol. Treatment of China in Anti-subsidy investigations Anti-subsidy investigations assess whether a given industry in an export country benefits from illegal subsidization which causes injury to the EU producers. Examples of subsidy programs/schemes in China: VAT rebates and refunds, export loans, income tax credit, provision of main raw materials at non-market prices, preferential tax policies, local tax discounts, etc. One anti-subsidy measure is in force against imports of Chinese steel and one investigation is presently on-going : Certain organic coated steel products (measures in force); Stainless steel cold rolled flat products (investigation pending). New investigations in the EU Stainless steel cold rolled flat products (initiated 26 June 2014 – anti-dumping investigation) (Initiated 14 August 2014 – anti-subsidy investigation) Product: Flat rolled products of stainless steel, no further worked than cold rolled (cold-reduced) Complainant: EUROFER Provisional measures: 26.03.2015 (AD), 14.05.2015 (AS) | Definitive measures: 25.09.2015 (AD), 12.09.2015 (AS) Target countries: China and Taiwan (AD), China (AS) Country Imports to EU 2012 Alleged dumping 2013 Volume, MT % of total imports Volume, MT % of total imports China 93 194 16,9% 148 220 21,2% 10%-20% Taiwan 133 696 24,2% 169 948 24,4% 15%-25% New AD investigations in the EU Grain-oriented flat-rolled products of electrical steel (Initiated on 14 August 2014) Product: grain-oriented flat-rolled products of silicon-electrical steel, of a thickness of more than 0,16 mm Complainant: EUROFER Provisional measures: 15.05.2015 | Definitive measures: 13.11.2015 Target countries: Country Imports to EU 2012 Alleged dumping 2013 Volume, MT Market share, % Volume, MT Market share, % JAPAN […] 14.2% […] 13.7% 17-33% CHINA 7 926 2.2% 4 977 1.5% 15-42% KOREA 13 453 3.8% 18 789 5.7% 23-38% RUSSIA 58 390 16.4% 56 436 17.2% 21-76% USA 37 415 10.5% 20 513 6.3% 8-48% Trade-defense measures in the EU against steel imports Country CHINA Product Organic coated steel products Type of investigation Normal expiry Initiation of original investigation Amount of duties (min – max) 2012 (AS) 2011 (AD) 13,7% - 44,7% (AS) 5,9% 26,1% (AD) AD / AS 2018 Stainless steel coldCHINA, TAIWAN rolled flat products AD / AS (pending investigation) 2014 Grain-oriented flatCHINA, JAPAN, rolled products of KOREA, RUSSIA, silicon-electrical USA steel AD (pending investigation) 2014 CHINA, KOREA, Silicon metal TAIWAN AD 2015 1989 Stainless steel cold-rolled flat products 16,3% - 19% Trade-defense measures in the EU against steel products Country Product Seamless pipes and tubes of stainless steel Seamless pipes and tubes, of iron or steel CHINA (pending ER) Wire rod (pending ER) PSC wires and strands (pending ER) Fasteners, iron or steel (pending ER) CHINA, THAILAND Threaded tube or pipe cast fittings, of malleable cast iron (MTF) Seamless pipes and tubes, of iron or steel RUSSIA, UKRAINE MALAYSIA Fasteners, iron or steel CHINA, Stainless steel fasteners and PHILIPPINES parts thereof TAIWAN Type of Normal Initiation of investiga expiry original tion investigation Amount of duties (min – max) AD 2016 2011 48,3%-71,9% AD 2014 2008 17,7% - 39,2% AD 2014 2008 7,9% - 24,0% AD 2014 2008 31.1% - 46,2% AD 2014 2009 0-74,1% AD 2018 2013 14,9%-57,8% AD 2017 2006 12,3-35,8% AD 2017 2011 0-74,1% AD 2017 2004 8,8% - 27,5% Trade-defense measures in the EU against steel products Country Product Type of investigatio n MOROCCO, CHINA, KOREA, MOLDOVA, UKRAINE Steel ropes and cables AD 2017 1998 51,8% - 60,4% AS 2016 2010 3,3% - 4,3% AD (INV) 2014 AD / AS AD 2018 2018 2012 2011 3,0% - 3,7% 2,9% - 23,8% AD 2014 1994 7,4% - 58,6% AD AD (ER) 2017 2001 2005 44,0% - 59,2% 12,3% - 27,2% AD 2013 2007 10,1% - 90,6% Stainless steel bars (certain) Tubes and pipes of ductile INDIA cast iron Stainless steel wires TURKEY, RUSSIA Tube and pipe fittings of iron or steel CHINA, THAILAND Tube or pipe fittings of iron or steel (pending ER for China, measures expired for Thailand) MALAYSIA, KOREA Tube or pipe fittings UKRAINE, RUSSIA Seamless pipes and tubes, of iron or non-alloy steel BELARUS, CHINA, Welded tubes and pipes of RUSSIA, UKRAINE iron or non-alloy steel (pending ER) Normal expiry Initiation of original investigation Amount of duties (min – max) Conclusions TDI instrument in the EU remains costly, not very fast (investigation lasts at least 12 months) and often involving greater politics New Commission is unlikely to change this trend as its main focus for 2015 agenda is the TTIP New entrants actively start using TDI: Brazil, Customs Union of Russia-Kazakhstan-Belarus, Egypt, Turkey, Morocco EUROFER will remain vigilant and may promptly request initiations of TDI proceedings against if unfair imports would increase into the EU Thank you for your attention Avenue Louise, 165 | Brussels 1050 | Belgium | T +32 (0)2 647 73 50 | F +32 (0)2 640 64 99 [email protected] WWW.VBB.COM