GHY Tradelines

(CITT)

Carbon Steel Welded Pipe from Chinese Taipei, India, Oman, Korea, Thailand and the United Arab Emirates

The Canadian International Trade Tribunal today found that the dumping of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from 1/2 inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand and the United Arab Emirates and the subsidizing of the aforementioned goods originating in or exported from the Republic of India had not caused injury, but were threatening to cause injury to the domestic industry. Anti-dumping and countervailing duties will therefore be collected by the Canada Border Services Agency. The complainants in this case were Novamerican Steel Inc. of Montréal, Quebec, and Bolton Steel Tube Co. Ltd. of Bolton, Ontario.

The Tribunal will issue the reasons for its finding on or before December 27, 2012.
 

(CITT)

Decisions Respecting Certain Carbon Steel Welded Pipe from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand, the Republic of Turkey and the United Arab Emirates

Dumping case number: AD/1396
Dumping file number: 4214-36
Subsidy case number: CV/132
Subsidy file number: 4218-34

On November 9, 2012, the President of the Canada Border Services Agency (CBSA) made a final determination of dumping pursuant to paragraph 41(1)(a) of the Special Import Measures Act (SIMA), in respect of certain carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from ½ inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand, and the United Arab Emirates and made a final determination of subsidizing in respect of the above-mentioned goods originating in or exported from the Republic of India.

On the same date the President, pursuant to paragraph 41(1)(b) of the SIMA, terminated the dumping investigation in respect of the above mentioned goods from the Republic of Turkey and terminated the subsidy investigation in respect of the above mentioned goods from the Sultanate of Oman and the United Arab Emirates.

The goods in question are usually classified under the following Harmonized System classification numbers:
• 7306.30.10.14
• 7306.30.10.19
• 7306.30.10.24
• 7306.30.00.29
• 7306.30.00.34
• 7306.30.00.39

Note that this listing of HS codes is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

The Canadian International Trade Tribunal is continuing its inquiry into the question of injury to the domestic industry for subject goods from Chinese Taipei, the Republic of India, the Sultanate of Oman, the Republic of Korea, Thailand, and the United Arab Emirates and will make an order or finding by December 11, 2012. Provisional duties will continue to apply until this date on imports of subject goods from these six countries.

Additional information about these investigations is contained in a Statement of Reasons, which will be available within 15 days on the CBSA’s website.
 

(Bloomberg –  Brian Wingfield)

The U.S. Commerce Department set anti-dumping duties ranging from 18.32% to 249.96% on solar-energy cells imported from China, reducing preliminary penalties imposed on Trina Solar Ltd. (TSL) and raising them slightly on Suntech Power Holdings Co.

The duties, the result of a complaint brought by the American unit of Bonn-based SolarWorld AG (SWV), may worsen trade relations between the U.S. and China, the world’s largest economies. The countries have sparred over government support for clean energy as President Barack Obama and Republican challenger Mitt Romney each pledge tough action on China ahead of next month’s U.S. election.

“Commerce’s decision raises the industry’s chances of reclaiming equal footing,” said Gordon Brinser, president of SolarWorld Industries America, based in Hillsboro, Oregon. “Only fair competition can provide sustainable gains in technological efficiency, cost reduction and end-user pricing.” Read more here.
 

(China Daily)

The US government decided Wednesday to maintain the existing anti-dumping duty on pure magnesium from China, although Beijing has repeatedly called on Washington to drop protectionism.

The US International Trade Commission said in a ruling, backed by all the four participating commissioners, that revoking the current anti-dumping duty order on imports of Chinese pure magnesium would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

This is the second five-year review since 2001, when the duty was first introduced. As a result of the ITC’s affirmative determination, the existing order on imports of this product from China will remain in force. The duty margin runs at 24.67 percent to 305.56 percent. Read more here.
 

(Daily Pioneer)

The WTO’s dispute settlement body will take up on August 31 India’s complaint against duties imposed by the US on imports of some Indian steel products, the multi-lateral body has said.

In April, India complained that the US had wrongly imposed countervailing duties, a kind of restrictive duty, on certain hot-rolled carbon steel flat products from India.

“The duty imposed by the US is inconsistent with the WTO rules. The issue will now be discussed in the WTO’s dispute panel,” an official said. Read more here.
 

On April 25, 2012, the Canadian International Trade Tribunal (Tribunal), pursuant to subsection 76.03(3) of the Special Import Measures Act (SIMA), initiated an expiry review of its order made on January 9, 2008, in Expiry Review No. RR-2007-001, continuing, with amendment, its order made on January 10, 2003, in Expiry Review No. RR-2001-006, continuing, with amendment, its finding made on October 27, 1997, in Inquiry No. NQ-97-001, concerning the dumping of certain hot-rolled steel plate originating in or exported from the People’s Republic of China (China).

As a result, the President of the Canada Border Services Agency (CBSA) initiated an investigation on April 26, 2012, to determine whether the expiry of the order is likely to result in the continuation or resumption of dumping of the goods.

The investigation has now been completed and today, pursuant to paragraph 76.03(7)(a) of SIMA, the President of the CBSA (the President) has determined that the expiry of the order is likely to result in the continuation or resumption of dumping of the subject goods from China.

A Statement of Reasons that contains additional details concerning the determination made by the President will be issued within fifteen days. The Statement of Reasons will be posted on the CBSA’s Web site at:  www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/menu-eng.html.

The Tribunal will now conduct an inquiry to determine whether the expiry of the order is likely to result in injury or retardation to the Canadian industry, and has announced that it will issue its decision no later than January 8, 2013.

Questions relating to the President’s determination should be addressed to Matthew Lerette:

Telephone: 613-954-7398
Facsimile: 613-948-4844
 

(CNN)

The White House ‘poster boy’ for green energy is in danger of losing his business.

With just his dream, determination and hard work, Bill Keith started a solar fan business nearly a decade ago out of his garage in northwest Indiana. The one-time roofer simply wanted to make enough money to care for his family and to create a ripple effect for other workers, particularly in this economically depressed area outside Chicago.

Keith vowed to create his solar attic fans entirely out of parts made in the United States.

Using only the sun’s energy, the fan pumps hot air out of the attic — lowering cooling bills — and doesn’t have to be in direct sunlight to work. His first year, Keith said he barely made enough to scrape by — about $39,000 in sales. Read more here.

(Environmental Finance)

The duties on Chinese solar equipment imports into the US could rise dramatically if importers are caught trying to evade these penalties, with border officials on the prowl for circumvention efforts, according to a lawyer representing US manufacturers.

The US Commerce Department has imposed preliminary tariffs of 31-250% on Chinese crystalline silicon cells and modules, due to foreign producers selling, or dumping, their products in the US at less than fair value. More modest countervailing duties (CVD) of 2.9-4.73% are charged on imports, due to unfair subsidies provided by the Chinese government. Final decisions are scheduled for October.

But the anti-dumping and CVD duties are not set in stone, Tim Brightbill, a Washington, DC-based partner in the international trade and climate change practices of law firm Wiley Rein, said during a webinar by the Coalition for American Solar Manufacturing (CASM), which petitioned the regulators for the penalties. These duties were calculated based on solar prices and costs during the March-September 2011 time period, but companies can request reviews of these margins every year, he said. Read more here.
 

(Bloomberg)

The U.S. set tariffs as high as 82% on large, residential washers from South Korea and 72% on the products from Mexico, concluding the items are sold below production costs to drive out American competitors.

The Commerce Department in a preliminary finding today responded to Whirlpool Corp. (WHR)’s complaint that LG Electronics Inc. (066570) and Daewoo Electronics Corp., both based in Seoul, and Samsung Electronics Co. (005930) of Suwon, South Korea, use unfair trade practices. Laundry appliances accounted for 30% of Whirlpool’s 2011 revenue of $18.7 billion, according to its annual report.

Daewoo should pay 82%, LG 12 percent, Samsung 9.6% and all other companies 11% for products made in Korea, the Commerce Department said. For machines made in Mexico, the agency announced duties of 72% for Samsung and a Whirlpool affiliate and 33% for other companies. A final decision will be issued in December, the agency said.

LG and Samsung, in separate statements, contested the Commerce Department decisions. In addition, Samsung said it no longer makes washers in Mexico, and Whirlpool said it no longer ships units to the U.S. from Mexico. Read more here.
 

(China Daily)

China is launching an investigation into imported US polysilicon used in solar panels, the Ministry of Commerce announced on Friday.

The probe relates to anti-subsidy and anti-dumping regulations, experts said, and will be seen as the latest sign of intensified trade frictions between the world’s top two economies. […]

The ministry launched the investigations following complaints on July 2 from some domestic manufacturers, who claim they are being driven out of business because of the unfair US practices.

“The ministry’s move is in response to the US anti-dumping and countervailing investigations into Chinese solar panels,” said Yao Weiqun, associate president of Shanghai WTO Affairs Consultation Center. Read more here.
 

(China Daily)

China won a World Trade Organization ruling after the United States decided not to contest the facts of its complaint against U.S. anti-dumping duties on shipments of diamond saw blades and frozen warm-water shrimp from China.

China’s complaint, which it made in February 2011, was based on the fact that the U.S. anti-dumping duties were calculated in a way that has repeatedly been ruled as illegal under WTO rules. The WTO dispute panel that examined the case said the US Department of Commerce had acted inconsistently with WTO rules and said it should bring its rules into line.

The United States has said that its calculation method, known as “zeroing”, is superior to the WTO’s approved methodology, but it has nevertheless promised not to use it in future, after losing numerous legal rulings over the issue. Read more here.

(China Daily – Li Jiabao)

China appealed to the World Trade Organization to challenge U.S. countervailing duties against Chinese exports in a package of 22 cases, including the recent solar panel case, said a statement on the website of China’s Ministry of Commerce on Friday.

“We abstracted the common wrongdoings in 22 countervailing cases that the U.S. launched against Chinese exports since 2006 and appealed to the dispute settlement body of the WTO for negotiations with the United States. Our aim is to fight against the misuse of trade protection measures and protect the rights of Chinese enterprises,” said Li Chenggang, head of the ministry’s department of treaty and law.

China’s appeal points out that its state-owned enterprises are not public institutions or bodies, China’s rightful support for industrial development was wrongly taken as subsidies, and the U.S. made unfavorable presumptions in case of insufficient evidence from Chinese enterprises, Li said. The export value of the package of the 22 countervailing cases including lightweight thermal paper, crystalline silicon photovoltaic cells and utility scale wind towers, totaled $7.286 billion, according to the ministry. Read more here.
 

(AP/CBC)

China’s government on Friday rejected a U.S. antidumping ruling against its makers of solar power equipment and Chinese manufacturers warned possible higher tariffs might hurt efforts to promote clean energy.

The conflict has worsened U.S.-Chinese trade tensions. The two governments have pledged to cooperate in developing renewable energy but accuse each other of violating free-trade pledges by subsidizing their own manufacturers.

“The U.S. ruling is unfair, and the Chinese side expresses its extreme dissatisfaction,” said a Commerce Ministry spokesman, Shen Danyang, in a statement. Read more here.

Related: Canadian Solar CEO: Disappointed By US Anti-Dumping Tariff (WSJ)
 

(Suzanne Goldenberg – The Guardian)

Investigation finds China kept prices low with subsidies, but some in US warn tariff will slow adoption of solar energy

The Obama administration imposed heavy tariffs on Chinese solar panels on Thursday, after finding that China is flooding the market with government subsidised products.

The preliminary decision, that China had dumped solar products on the US for less than the cost of manufacture, will result in tariffs of between 31% and 250% on Chinese imports.

It was seen on Thursday as a mixed blessing.

US solar panel makers, who brought the original complaint, are expected to benefit. But the tariffs, by forcing up prices, are expected to slow the adoption of solar power more generally.

There were also fears the move could lead to a broader US-Chinese trade war.

In its decision, the US commerce department said it would impose tariffs of about 31% on about 60 Chinese solar panel exporters which participated in the investigation, including Wuxi Suntech and Trina Solar. Other manufacturers will face tariffs of just under 250%. The levies will be retroactive for 90 days. Read more here.

Related: Dow Corning and Hemlock Semiconductor Reaction
 

(Keith Bradsher – New York Times)

Renewable energy companies around the world are awaiting a decision Thursday by the U.S. Commerce Department on whether to impose anti-dumping tariffs on solar panels imported from China, as a little-noticed policy shift by the department last year has made the outcome of the case unusually hard to predict

Chinese companies grabbed nearly half the U.S. market for solar panels last year through aggressive price cuts that helped make solar energy considerably more affordable for U.S. families and electric utilities. But solar panel manufacturers in the United States have accused the Chinese companies of “dumping” panels: selling them below the cost of manufacturing and shipping them, so as to seize market share, drive competitors out of business and raise prices later. Read more here.
 

(CBSA)

The Canada Border Services Agency (CBSA) has extended the investigations with respect to the alleged injurious dumping and subsidizing of potassium silicate, (also known as silicic acid, potassium salt; potassium water glass; potash water glass; potassium silicate glass), of all grades and ratios in a soluble solid including chunks, flakes or powder forms originating in or exported from the Islamic Republic of Pakistan.

Pursuant to paragraph 39(1)(a) of the Special Import Measures Act, the President of the CBSA extended the 90-day period for making a preliminary decisions, pertaining to all or part of the investigations, to 135 days, due to the complexity and novelty of the issues presented by the investigations.

Consequently, the decisions to issue the preliminary determinations or to terminate all or part of the investigations will be made on or before May 22, 2012.

Contacts:  Benjamin Walker 613-946-2052 / Simon Duval 613-948-6464
 

(CBSA)

This memorandum refers to the application of anti-dumping duty to importations of certain copper pipe fittings originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China and the application of countervailing duty to importations of certain copper pipe fittings originating in or exported from the People’s Republic of China.
 

(CBSA)

This memorandum refers to the application of anti-dumping and countervailing duty to importations of certain thermoelectric containers originating in or exported from the People’s Republic of China.
 

(CBSA)

This memorandum refers to the application of anti-dumping duty on importations of refined sugar originating in or exported from the United States of America.
 

(CBSA)

The Canada Border Services Agency (CBSA) announced today that it is initiating investigations into the alleged injurious dumping and subsidizing of certain stainless steel sinks originating in or exported from the People’s Republic of China.

The investigations follow a complaint filed by Novanni Stainless Inc., of Coldwater, Ontario, and Franke Kindred Canada Limited, of Midland, Ontario. The complainants allege that the dumping and subsidizing of these goods are harming Canadian production by causing the following: loss of market share, loss of sales, price erosion, declining capacity utilization, reduction in employment and declining revenues, margins and profits.

Dumping occurs when goods are sold to importers in Canada at prices that are less than their selling prices in the exporter’s domestic market or at unprofitable prices. Subsidizing occurs when goods imported into Canada benefit from foreign government financial assistance. The Special Import Measures Act protects Canadian producers from the damaging effects of such unfair trade.

The Canadian International Trade Tribunal will now begin a preliminary inquiry to determine whether the imports are harming Canadian producers and will issue a decision by December 28, 2011. While the Tribunal is examining the question of injury, the CBSA will investigate whether the imports are being dumped and/or subsidized, and will make a decision by January 25, 2012.

If the Tribunal determines that an unusually large increase in harmful imports has occurred prior to the CBSA’s decision and that the retroactive application of anti dumping or countervailing duty is therefore justified, duty could be levied on the goods brought into Canada as of today.

The Statement of Reasons, which provides more details about these investigations, will be available on the CBSA’s website within 15 days. More information on the CBSA’s Anti-dumping and Countervailing Directorate or the Special Import Measures Act can also be found on this site.