EU issues repeal of anti dumping regulation February 2016
On Saturday 27th February 2016 the European Commission published Regulation EU 2016/278 repealing the definitive anti-dumping duty imposed on imports of steel fasteners originating in the People's Republic of China, and fasteners consigned from Malaysia, whether or not declared as originating in Malaysia
The Regulation simply states: "In view of the findings of the WTO Dispute Settlement Body the Commission considers that in accordance with Article 1(1)(a) of the WTO enabling Regulation it is appropriate to repeal the anti-dumping duties imposed by Regulation (EC) No 91/2009, as amended by Implementing Regulation (EU) No 924/2012 and maintained by Implementing Regulation (EU) 2015/519."
It also states clearly: "The repeal of the anti-dumping duties shall take effect from the date of the entry into force of this Regulation and shall not serve as a basis for the reimbursement of the duties collected prior to that date."
The Regulation came into force the day after publication in the Official Journal e.g. duties ceased to applied from 28th February 2016.
Probable new investigation and new duties
The repeal should not been seen as a green light to recommence sourcing fasteners in China, there is uncertainty a potential new investigation could be started and new duties applied.
It is possible the European Commission will open a new investigation on its own initiative but more probable it will accept a complaint from European manufacturers requesting new tariffs to counteract the threat of dumping and injury recurring. The manufacturers made a similar threat case to the 2014 Expiry Review, which resulted in the duties being reconfirmed last year.
The Commission is likely to be sympathetic to an early complaint and to be minded to launch a new investigation.
EU anti dumping law permits the application of provisional duties no earlier than 60 days from the date of initiation of an investigation and up to 9 months from that date. The decision on definitive duties normally takes 15 months but the Commission can require registration of imports, which give it the option to apply definitive duties retrospectively - although to no earlier than 90 days prior to the application of provisional duties.
Everything will depend on if a new investigation is announced, when provisional duties are applied, and whether the Commission requires registration of imports.
Importers will, therefore, need to carefully weigh the cost benefits of sourcing from China against the currently indefinable risk of when and at what level new duties might be applied.
2009 revised 2015
Full copy of EU Commission implementing regulation (EU) 2015/519
The European Union extends duties on Chinese Steel Fasteners
The European Commission has published Implementing Regulation 2015/519 which confirms the findings of its investigation and extends anti-dumping duties for up to a further five years on specific steel fasteners originating in the People's Republic of China or consigned from Malaysia.
With the exception of ten exporters located in China, who obtained individual treatment and have specific levels of duty ranging from zero to 69.7%, the level of anti-dumping duty applicable to the defined products imported from China is 74.1%.
The same level of anti-dumping duty is applied to imports of steel fastener products from Malaysia, whether declared as originating or not originating in that country. The exception by eight specified companies, who have obtained an exemption from the duties as a result of the circumvention investigation concluded in 2011, and one company through a partial interim review concluded afterward.
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