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ESSENTIAL FACTS AND FINDINGS
ON THE ANTI-DUMPING PROTEST AGAINST IMPORTATION OF
CLEAR FIGURED GLASS
FROM THE PEOPLE'S REPUBLIC OF CHINA (PROC)
__________

1. BACKGROUND

    On 27 June 2000, Republic Asahi Glass Corporation (RAGC) filed with the Department of Trade and Industry - Bureau of Import Services (DTI-BIS) an anti-dumping protest against the importation of Clear Figured Glass (CFG) from the People's Republic of China (PROC) for the reason that said products were imported at dumped prices and were causing injury to the domestic industry.

    The PROC government was officially notified by the DTI-BIS of the anti-dumping investigation on 06 July 2000. Likewise, the protestant, exporters, foreign producers, importers, and other interested parties were notified of the initiation on the same date. Notices to initiate said anti-dumping investigation were also published in the Manila Standard and the Philippine Star on 11 July 2000.

    The DTI-BIS preliminary investigation indicated an affirmative finding of the necessary elements of dumping which merited the imposition of the corresponding provisional bond for the identified exporters of clear figured glass from the People's Republic of China, with thicknesses of 3mm, 5mm, 5.5mm manufactured/exported to the Philippines by Shanghai Ta-Yuan Glass Co. Ltd (STG) and Shanghai Cen Eagle Industrial Trading.

    On 05 December 2000, the Tariff Commission received the indorsement from the DTI-BIS and undertook the formal investigation of the case pursuant to Section 301 of the Tariff and Customs Code, as amended by RA 8752.

    In compliance with procedural requirements, notifications were sent on 07 December 2000 to PROC Embassy in Makati City and the Philippine Embassy in PROC, to the effect that the Commission had assumed jurisdiction over the anti-dumping protest of RAGC and had commenced the conduct of formal investigation. Also notified, through their embassies in Manila, were the governments of the trading firms whose figured glass exports from PROC were subject to provisional measures. Invitations to consultations and pre-hearing conferences were likewise sent to all interested parties. A notice of public consultation was published in The Manila Times and The Philippine Star on 13 February 2001. All known interested parties and concerned government agencies were sent individual notices.

2. PRODUCT UNDER CONSIDERATION

    Heading No. 70.03 is described in the HS Tariff and Customs Code as "Cast glass and rolled glass, in sheet or profiles, whether or not having an absorbent, reflecting or non-reflecting layer, but not otherwise worked."

    Clear figured glass is specially used in windows, room partitions, light screens, fluorescent fixtures of residences, offices, hotels, shops, restaurants and commercial and industrial buildings.

    It is available in different standard sizes and patterns such as Luningning (International name Mistlite), Hasmin (International name Nashiji), Sampaguita (International name Flora), Checkerlite, Karatachi, and Moran.

3. PERIOD OF INVESTIGATION (POI)

    For dumping determination, the Commission’s investigation covered imports of clear figured glass covering the 12-month period from 01 January to 31 December 1999. With respect to injury, the period covered was years 1997 to 1999.

4. FINDINGS

4.1 Determination of Like Product

    Clear figured glass from PROC, exported by STG, and the local CFG are like products, having the same applications and functions. Both are made of similar raw materials and undergo the same production processes. These are both classified under HS subheading No. 7003.19 90.

    On the other hand, CFG having the "y pattern", exported by Shanghai Cen Eagle Industrial Trading, is not being locally produced by RAGC, although this is classified under the same heading.

4.2 Domestic Industry Support

    RAGC was the sole manufacturer of CFG in the Philippines during the POI. As such, the applicant satisfied the requirement of domestic industry support.

4.3 Price Difference

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Export Price

    Export price is the price paid or the selling price to an importer in the Philippines of articles purchased at arm’s length transaction, excluding any post exportation charges, such as ocean freight and overseas insurance.

    The Commission based its estimates of export price on Import Entry Declarations (IED), SGS-CRFs, commercial invoices and packing list. These documents were validated by the Commission in Shanghai, China. Further, during its ocular inspection in PROC, the investigating team confirmed that the packings used for domestic sales in China and for export to the Philippines, such as the wooden materials, steel straps and plastic covers, are the same.

    FOB export prices of imports from PROC range from $179.55 to $238.04/MT.

Table 1: Unadjusted Export Price

Thickness (mm)

Range of FOB Export Prices (US$/MT)

   

3.0

179.55 - 193.64

5.0

197.70 - 229.47

5.5

187.24 - 238.04

    Export prices were adjusted to ex-factory level by deducting RMB580/20ft container for inland freight and RMB240/20ft container for storage/handling/booking space/customs declaration, or a total adjustment of RMB820/20ft container. The adjusted export prices are as follows:

Table 2: Adjusted Export Price

Thickness (mm)

Range of Adjusted Export Prices (US$/MT)

   

3.0

174.37 - 188.69

5.0

192.66 - 224.18

5.5

182.15 - 232.14

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Normal Value

Article 2.1 of the Agreement states:

"Normal value shall be the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country."

    For normal value calculations, RAGC submitted prices authenticated by Philippine Commercial Attaché Mr. Agustin C. Mangila, Jr. in Guangzhou, China. RAGC contested that there is material disparity between STG’s submission on the costs of clear figured glass being sold in the domestic market vis-à-vis export to the Philippines. Thus, the Commission requested STG to submit another costing of products to amend the disparity.

    STG submitted several invoices and the 1999 price list of various thicknesses, as requested by the Commission, and verified during the ocular inspection in Shanghai, China.

    Hence, the Commission adopted the submission of STG with the 1999 list of exchange rates bearing the seal of the Bank of China, which it verified and confirmed. Based on this, the following unadjusted normal values were calculated:

Table 3: Unadjusted Normal Value

Thickness (mm)

Range of Normal Values (US$/MT)

3.0

160.51 - 160.60

5.0

175.16 - 175.20

5.5

176.77 - 176.81

    Sales were adjusted by deducting value-added tax equivalent to 17% of sales value. No adjustments were made for Inland freight since the buyer shoulders this cost.

Table 4: Adjusted Normal Value

Thickness (mm)

Range of Adjusted Normal Values (US$/MT)

   

3.0

137.23 - 137.26

5.0

149.71 - 149.74

5.5

151.08 - 151.12

 

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Margins of Dumping

    Article 2.4 of the Agreement sets the terms for comparing normal value and export price:

"A fair comparison shall be made between the export price and normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability . . . "

Table 5: Dumping Margin

 PEOPLE'S REPUBLIC OF CHINA

EXPORTER

Thickness
(mm)

Dumping Margin 

   

  

(US$/MT)

(% of EP)

CLEAR FIGURED GLASS 

   

   

     

   

Shanghai Ta-yuan

   

    

   

  

3

-37.11 to - 51.45

-21.28 to - 27.27

 

5

-42.92 to - 74.48

-22.28 to - 33.22

 

5.5

-37.11 to - 51.45

-17.04 to - 34.92

 

 

 

 

    Dumping margins calculated for clear figured glass with thicknesses 3mm, 5mm, and 5.5mm ranged from (US$37.11) to (US$74.48) per MT.

4.4 Determination of Material Injury and Causal Linkage

Volume of Imports

    Total imports of clear figured glass were increasing from 1997 to 1999. Imports grew by 30% in 1998 and 116% in 1999 from the 1997 level.

    Of the total Philippine CFG imports during the POI, 29% was accounted for imports coming from PROC and 71% from other countries. On a quarterly basis, imports from PROC increased by 42.28% in the 2nd quarter of 1999, contracted by 12% in the 3rd quarter and increased by 116% in the 4th quarter.

    On the other hand, quarterly imports from other countries moved in opposite directions - - a decrease by 10% in the 2nd quarter, an increase by 4% in the 3rd quarter and a 35% drop in the 4th quarter.

Price Effect

    Price undercutting occurs when the prices of dumped imports are significantly lower than the price of the like product.

    Price depression occurs when the price of dumped import forces down the price of like product.

    Price suppression occurs when the prices of dumped imports prevent increases in the price of like product which would otherwise have occurred.

    There was no evidence of price undercutting, price depression nor price suppression.

Market Share

    The estimated market share of RAGC declined from 90% in 1997 to 84% in 1998 and further to 76% in 1999 for clear figured glass. The share to total imports grew to 30% in 1998 and further to 66% in 1999.

    During the POI, the share of clear figured glass imports from PROC increased from 18% in the 1st quarter to 26% in the 2nd quarter. In the 3rd quarter, its share dropped to 23%. However, it recovered in the 4th quarter as its share grew to 50%.

    RAGC’s market share for clear figured glass during the POI, decreased to 72.17% in the 2nd quarter compared with the 79.64% share in the 1st quarter of 1999. It improved to 78.16% in the 3rd quarter but fell slightly to 75.91% in the last quarter.

    It is observed that the surge in total imports of clear figured glass from Taiwan and Korea contributed to the decline in the market share of RAGC.

Domestic Prices

    Ex-factory domestic selling price of local clear figured glass for all sizes is higher than the landed cost of CFG.

Production, Sales and Inventory

    Production volume during the POI dropped by 18% from the 1998 level. Likewise, sales in 1999 were reduced by 2% from the 1998 level.

    The decrease in the production output is attributed to the surge of imported clear figured glass coupled with market contraction due to the regional crisis.

Capacity Utilization

    RAGC had a maximum capacity of producing 43,796 MT of CFG in 1997. RAGC was able to utilize 67% of capacity in 1997 and 68% in 1998. However, in 1999 production slowed down to 56% utilization.

    The decline in capacity utilization during the period is attributed to the surge in imported CFG coupled with market contraction due to the regional crisis.

Cost of Production

    From the 1998 level, cost of production for CFG increased by 42% in the 1st quarter and 27% in the 2nd quarter of 1999. Comparing the 3rd and 4th quarters of the POI with the respective quarters in 1998, the cost of production decreased by 16% and 25%, respectively.

    RAGC’s cost to produce is relatively higher than that of PROC manufacturers because the former imports most of its raw material requirements.

Profitability

    RAGC’s income from operation for clear figured glass declined by 45% and 2% in 1998 and 1999.

    The decline in profitability is attributed to declining sales which were affected by the surge in total imports of CFG, as well as market contraction.

Return on Sales

    Declining sales and profits led to low return on sales in 1999.

Investment and ability to Raise Capital

    RAGC suffered a decline in its income from operation and affected the ability to raise capital. The decrease in income from operation can be attributed to competition from low-priced normal (undumped) imports from other countries, high cost of production and contraction of the local market due to the regional crisis.

Employment and Wages

    The surge in imported CFG affected employment and wages as the company undertook cost cutting measures. In order to reduce operating expenses and consequent losses, the company decided to effect a reduction in manpower.
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