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Stainless Tariffs Applied to Philippines but Not Malaysia or Thailand
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On 12th March the EU published Regulation 205/2013, confirming the outcome of the circumvention investigation on stainless steel fasteners consigned from Malaysia, Thailand and the Philippines. The Regulation imposes the 27.4% anti-dumping duty already applicable to imports of specified stainless steel fasteners from the P.R. China to imports from the Philippines. Multi-Tek Fasteners Inc, and Rosario Fasteners Corporation are the only Filipino companies to obtain exemption from the tariffs, which are applied retrospectively to imports from 15th June 2012 when the investigation was initiated. 
EU investigators found that exports of stainless steel fasteners from China to the Philippines increased sharply, reaching more than 15,000 metric tons in 2011 and the ‘reporting period’ (RP), which was April 1st 2011 to March 31st 2012. Data quoted in the regulation shows imports of 1,104MT in 2004 before anti-dumping duties were applied to P.R. China and a progressive ramping up of the pattern of trade in the following seven years. At the same time exports to the EU from the Philippines also increased dramatically. Exports from the two cooperating companies accounted for only about 10% of the total volume shipped to the EU from the Philippines. Information from Filipino authorities showed that most of the imports from China went directly into special economic zones and did not enter the Filipino customs territories. This confirmed to investigators the existence of transhipment of Chinese origin products.
The investigation against Malaysia and Thailand, in contrast, was terminated without application of tariffs. Investigators confirmed that increased EU imports from Malaysia were explained by a growth in genuine production over the 2004 to 2012 period. The investigation identified only one company that had been transhipping product but which ceased doing so in 2009. Exports from Thailand were found in absolute terms to be no higher than in 2004 before anti-dumping measures were applied to Thailand and to China. The investigation did not reveal any transhipping or assembling operations using Chinese-origin parts. The European Fastener Distributors’ Association has also told this magazine (Fastener & Fixing  Magazine) that eleven European stainless steel importers made a submission to a hearing with the investigation, which detailed evidence to demonstrate long term trading relationships with producers in both Malaysia and Thailand. Concluding that increased imports from Thailand were to a large extent justified by domestic production, the Commission determined that the investigation concerning possible circumvention of anti-dumping measures via Thailand and Malaysia should be terminated without application of duties and registration of the products under investigation discontinued. The regulation was published in the EU Official Journal on 12th March 2013 and comes into force the day after that publication.
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