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REPUBLIC OF THE PHILIPPINES
KAGAWARAN NG KALAKALAN AT INDUSTRIYA
(Department of Trade and Industry)
361 (Buendia) Sen. Gil J. Puyat Avenue
Makati City, Philippines 3117
Trunk Line: (632) 890-4901
M.C. P.O. Box 2302, Makati City
_______________
Anti Dumping Case No. 99-05
IN THE MATTER OF PROTEST
AGAINST THE IMPORTATION OF
COLD ROLLED STEEL COILS (CRC)
AND SHEETS FROM MALAYSIA
NATIONAL STEEL CORPORATION
Protestant
X ----------------------------------------------- X
ORDER
Before the Department of Trade and Industry is the Tariff
Commission’s Report of Findings on the Anti-Dumping Protest Against the Importation
of Cold Rolled Steel Coils (CRC) and Sheets originating from Malaysia classified under HS
Heading No. 7209.18 90, described as cold rolled steel coils conforming to JIS G
3141-SPCC, of nominal thickness of 0.40 mm and nominal width of 914 mm (915 mm).
The Commission’s investigation showed positive price
difference between the normal values and export prices of CRC from Malaysia in the amount
of US$86.14 or a dumping margin of 31.62% during the period of investigation (December
1998-May 1999). The volume of dumped imports at 21.87% of the total Philippine imports
satisfied the de minimis requirement of 3%. The Commission also concluded that
dumping has caused material injury to NSC as reflected in the actual decline in sales and
consequently income due to NSC’s depressed and undercut prices. The Commission also
found that a host of factors other than dumping did exarcebate NSC’s injury to the
point of a significant overall impairment in the position of the domestic industry.
In view of the foregoing, the elements constituting dumping
having been established, the Commission has ordered that the dumping duty in the amount of
US$86.14/MT or a dumping margin of 31.62% be imposed on cold rolled coils and sheets of HS
Heading No. 7209.18 90, with specification of 0.40 mm (nominal) and 914mm originating from
Malaysia (Ornasteel Enterprise Corporation).
With regard to those exporters or producers in the exporting
country in question who have not exported the product to the Philippines during the POI,
the individual margins of dumping shall be determined following a review which shall be
initiated by the Commission and carried out on an accelerated basis, provided that said
exporters or producers can show that they are not related to the exporter (Ornasteel) who
is subject to the anti-dumping duties on the product. No anti-dumping duties shall be
levied on imports from such exporters or producers while the review is being carried out.
However, considering the non-operational status of NSC, the
Commission has ordered the suspension of the imposition of the prescribed definitive
anti-dumping duty until such time that NSC can show proof of resumption of normal
production of CRC for the domestic industry.
Pursuant to the provisions of paragraph (I), Section 301 of the
Tariff and Customs Code, as amended by Republic Act 8752 (Anti-dumping Act of 1999), the
Department of Trade and Industry (DTI) hereby issues an Order suspending the imposition of
the prescribed definitive anti-dumping duties on CRC from Malaysia, until such time that
NSC can show proof that its CRC Division is already on a normal operations status.
Let copies of this Order be published immediately in
two (2) newspapers of general circulation.
This Order shall take effect after the lapse of the period for
filing a Motion for Reconsideration which is within fifteen (15) days from receipt of this
Order or upon a negative resolution of the Motion for Reconsideration in case the same has
been filed.
12 January 2001
(Sgd.) THOMAS G. AQUINO
Acting
Secretary
REPUBLIC OF THE PHILIPPINES
KAGAWARAN NG KALAKALAN AT INDUSTRIYA
(Department of Trade and Industry)
361 (Buendia) Sen. Gil J. Puyat Avenue
Makati City, Philippines 3117
Trunk Line: (632) 890-4901
M.C.P.O. Box 2303, Makati City
______________________
ANTI-DUMPING CASE NO.
99-03
IN THE MATTER OF PROTEST
AGAINST THE IMPORTATION OF
CLEAR FLOAT GLASS FROM MALAYSIA
REPUBLIC ASAHI GLASS CORPORATION
Protestant
x -------------------------------------------------- x
ORDER
Before the Department of Trade and Industry is the Tariff
Commission’s Report of Findings on the Anti-Dumping Protest Against
the Importation of Clear Float Glass originating from Malaysia classified
under H.S. Sub-Heading No. 7005.29 90, described as clear float glass with thickness
of 2mm, 3mm, 5mm, 6mm, 10mm, and 12mm.
The period of investigation for dumping determination covered imports from 1
January to 31 December 1998. With respect to injury, the period covered were for the years
1996-1998.
The Commission’s investigation showed positive price differences between the
normal values and export prices of Clear Float Glass from Malaysia and
concluded that dumping has caused material injury to the domestic industry.
The volume of dumped imports at 8.54% of total Philippine imports satisfied
the de minimis requirement of 3%. Injury to RAGC was reflected in the
presence of price undercutting and depression as well as the actual decline in output,
sales,
market share, capacity utilization and profits.
WHEREFORE, IN VIEW THEREOF, and pursuant to the provisions of paragraph(1), Section
301 of the Tariff and Customs Code, as amended by Republic Act 8752 (Anti-Dumping Act of
1999), the Department of Trade and Industry (DTI), hereby issues an Order
imposing definitive anti-dumping duties on the herein named exporters of
Clear Float glass originating from Malaysia.
EXPORTER |
Nominal
Sizes (mm) |
Weighted
Average
Dumping Margin |
|
(Tolerance +2.0
mm) |
(US$/MT) |
(% of Export Price) |
| Malaysian Sheet Glass Berhad |
3 |
105.24 |
69.66 |
|
6 |
111.47 |
87.71 |
|
10 |
152.63 |
89.88 |
|
12 |
131.24 |
71.50 |
|
|
|
|
| NSG Hongkong |
10 |
118.99 |
56.88 |
|
12 |
112.36 |
51.96 |
Let copies of this Order be published immediately in two (2)
newspapers of general circulation.
This Order shall take effect after the lapse of the period for filing a Motion for
Reconsideration which is fifteen (15) days from receipt of this Order or
upon a negative resolution of the Motion for Reconsideration in case the
same has been filed.
SO ORDERED
08 December 2000
(Sgd.) THOMAS G. AQUINO
Acting Secretary
REPUBLIC OF THE PHILIPPINES
KAGAWARAN NG KALAKALAN AT INDUSTRIYA
(Department of Trade and Industry
361 (Buendia) Sen. Gil J. Puyat Avenue
Makati City, Philippines 3117
Trunk Lines (632)890-4901
M.C. P.O. Box 2303, Makati City
_____________________________
Anti-Dumping Case No. 99-02
IN THE MATTER OF PROTEST
AGAINST THE IMPORTATION OF
HOT ROLLED COILS (HRC) AND
SHEETS FROM RUSSIA
NATIONAL STEEL CORPORATION
Protestant
X------------------------------------------------ X
ORDER
Before the Department of Trade and
Industry is the Tariff Commission’s Report of Findings on the Anti-Dumping Protest
Against the Importation of Hot Rolled Coils (HRC) and Sheets originating from Russia
classified under HS Heading Nos. 7208.25 00, 7208.26 00, 7208.27 00, 7208.36 10, 7208.37
00, 7208.38 00, 7208.39 00, 7208.51 10, 7208.52 00, 7208.53 00, 7208.54 00, and
7208.90 00 described as Hot-rolled low carbon steel coils and sheets, of commercial or
structural grade and their equivalents in Russian or other national standards, in widths
of up to 1220 mm, thickness of 2.0 – 12.7 mm.
The period of investigation (POI) for dumping determination covered imports of HRC for
January 1998 to December 1998. With respect to injury, the period covered were the years
1996 to 1998.
The Tariff Commission has found that:
1. price differences existed between the normal values and
export prices of HRC originating from Russia in the first, second and third
quarters of 1998. No dumped imports were recorded in the fourth quarter
hence, no price difference in the same quarter.
2. dumping per se of HRC from Russia during the POI did not cause
material injury to the domestic industry but a host of factors other than
dumping, i.e., competition from normal imports, poor production performance
of its cold rolled mill (captive production), market contraction, high cost
to produce, foreign exchange losses,
high interest on its loan obligations and difficulty in opening Letter of Credit
(LC) for its raw materials led to the overall impairment in the financial position of the
company.
WHEREFORE, IN VIEW THEREOF, and pursuant to the provisions of
paragraph (l), Section 301 of the Tariff and Customs Code, as amended by Republic Act 8752
(Anti-Dumping Act of 1999), the Department of Trade and Industry (DTI),
thereby issues an Order dismissing the anti-dumping case against the importations of Hot
Rolled Coils (CRC)/sheets from russia for lack of merit.
Let copies of this Order be published immediately in two (2) newspapers of general
circulation.
This Order shall take effect after the lapse of the period for filing a motion for
reconsideration which is fifteen (15) days from receipt of this Order or upon a
negative resolution of the motion for reconsideration in case the same has
been filed.
(Sgd.) MAR ROXAS
Secretary
REPUBLIC OF THE PHILIPPINES
KAGAWARAN NG KALAKALAN AT INDUSTRIYA
(Department of Trade and Industry)
361 (Buendia) Sen. Gil J. Puyat Avenue
Makati City, Philippines 3117
Trunk Line: (632) 890-4901
M.C.P.O. Box 2303, Makati City
________________________
IN THE MATTER OF THE PROTEST AGAINST
THE IMPORTATION OF POLYPROPYLENE
RESINS FROM SOUTH KOREA
PETROCHEMICAL CORPORATION OF ASIA-PACIFIC
JG SUMMIT PETROCHEMICAL CORPORATION
Protestant
X ------------------------------------------------------------------ X
O R D E R
Before the Department of Trade and Industry is
the Tariff Commission’s Report of Findings on the Anti-dumping Protest
against the importation of Polypropylene Resins (PP) from South Korea under
HS Heading No. 3902.10 00.
The period of investigation (POI) for dumping
or price difference for this case covered import transactions for the period January 1998
to December 1998. However, for the injury determination, the POI considered
relevant information for the last three(3) years i.e. 1995 to 1999.
The Commission found positive evidence of
price differences and is satisfied that dumping per se has caused material injury and
threatens to cause more material injury to the domestic industry.
WHEREFORE, IN VIEW THEREOF and pursuant to
the provision of Paragraph (I), Section 301 of the Tariff and Customs Code of the
Philippines (TCCP), as amended by RA 8752 (Anti-dumping Act of 1999), the Department of
Trade and Industry hereby issues an Order imposing definitive anti-dumping
duties on the following exporters of polypropylene resins originating from
South Korea.
Exporter
(s) |
PP
Grade |
Dumping
Margin |
| (US$/MT) |
(% of Export Price) |
| Daelim Corp. |
PP 101 |
14.63 |
3.90 |
| |
PA 164 V |
7.91 |
2.09 |
| |
PP 164 |
0 |
0 |
| |
PP137V |
0 |
0 |
| |
|
|
|
| Hanwha Corp. |
PH 630 |
34.17 |
8.46 |
| |
PH 460 |
23.38 |
5.49 |
| |
|
|
|
| Kalon International |
SFC 150B |
71.82 |
18.83 |
| |
|
|
|
| Hyundai Corp. |
H3400 |
28.93 |
6.73 |
| |
H5300 |
10.48 |
2.51 |
| |
H4540 |
8.78 |
2.11 |
| |
H1500 |
0 |
0 |
| |
H4500 |
0 |
0 |
| |
|
|
|
| Samsung Gen. Chemicals |
HY 300 |
0 |
0 |
| |
|
|
|
| SK Global |
H120F |
84.96 |
20.89 |
| |
H150N |
80.89 |
18.30 |
| |
H235W |
44.58 |
11.07 |
| |
H360F |
35.61 |
8.89 |
| |
H730F |
27.19 |
6.85 |
| |
H380F |
0 |
0 |
| |
H870F |
0 |
0 |
| |
|
|
|
| Do-One Marketing |
H5300 |
0 |
0 |
| |
|
|
|
| Jinwon Trading |
H5300 |
12.75 |
3.16 |
| |
|
|
|
| LG International |
H550 |
148.62 |
39.42 |
| |
|
|
|
| Sekitoku |
H550 |
128.15 |
32.19 |
| |
|
|
|
| Sewon Corp. |
Note 1 |
28.94 |
9.32 |
| |
|
|
|
| STC Corp. |
H150F |
0 |
0 |
| |
H320L |
0 |
0 |
| |
FC 120B |
0 |
0 |
| |
SFC 120B |
0 |
0 |
| Hyosung T & C |
J700 |
73.67 |
18.03 |
| |
J600P |
46.52 |
10.51 |
| |
F600H |
46.14 |
11.51 |
| |
F600 |
39.33 |
9.24 |
| |
F501 |
29.16 |
6.77 |
During the POI, it was
established that there were no locally produced equivalents for the PP resin
grades listed below. Hence, the following are excluded from the dumping
protest:
GRADES |
COMPANY |
CODE |
Injection Grade |
Daelim |
PP137T |
Fiber |
Honam |
FR 160 |
| |
Yuhwa |
5016H |
| |
Hyosung |
S700 |
Film |
|
|
BOPP |
Hyosung |
F300
series |
| |
Hyundai |
H2220 |
| |
SK/Yukong |
H229 |
| |
Yuhwa |
5014L |
| |
Honam |
FO 120A |
| |
Hyundai |
H2210 |
| |
SK/Yukong |
H2210 |
IPP |
Yuhwa |
1088B |
| |
Honam |
F1-160P |
Masterbatch |
STC |
SL137H |
| |
STC |
SL116T |
| |
Yuhwa |
5014L
(AB605) |
| |
Yuhwa |
5014L(AB405) |
| |
Yuhwa |
5014L(MAT) |
| |
STC |
AS 237 H |
| |
STC |
M/B1779 |
| |
STC |
PA20H |
Should the Protestants be
able to produce the equivalents of the aforementioned PP resin grades
during the effectivity of the dumping decision the Commission will conduct the corresponding
review upon formal investigation.
With regard to those exporters or producers
in the exporting country in question who have not exported the product to
the Philippines during the POI, their individual margins of dumping shall be
determined following a review which shall be initiated and carried out on an accelerated
basis, provided that said exporters or producers in the exporting country
who are subject to the anti-dumping duties on the product. No anti-dumping
duties shall be levied on imports from such exporters or producers while
the review is being carried out.
Let copy of this Order be published
immediately in two(2) newspapers of general circulation.
This Order shall take
effect after the lapse of the period for filing a motion for reconsideration which
is fifteen (15) days from receipt of this Order or upon negative resolution of the motion
for reconsideration in case the same has been filed.
(Sgd.) MAR ROXAS
Secretary
IN THE MATTER OF THE REPORT
OF FINDINGS ON THE ANTI-DUMPING
PROTEST AGAINST THE IMPORTATION
OF COLD ROLLED STEEL COILS (CRC)
AND SHEETS FROM TAIWAN
O R D E R
Before the Department of
Trade and Industry (DTI) is the Tariff Commission's Report of Findings on the Anti-Dumping
protest against the importation of Cold-Rolled Coils (CRC) and Sheets from Taiwan
classified under (HS Hdg. Nos. 7209.16 00, 7209.17 00, 7209.18 90, 7209.26 00, 7209.27 00,
7209.28 00 and 7209.90 00) and described as cold rolled low carbon (0.12% max) steel coils
and sheets, conforming to JISG 3141-SPCC of widths of up to 1220 mm, thickness of up to
0.7 mm.
1. Price difference existed between the normal
values and export prices of CRC originating in or exported from Taiwan in the 1st, 2nd and
3rd quarters of 1997. No price difference was established in the 4th quarter;
and
2. Dumping of CRC imports from Taiwan during the
period of investigation did not cause injury to the domestic industry, the average landed
cost being higher than the average domestic selling price of CRC.
In view of the foregoing, the element of
material injury resulting from dumped imports from Taiwan not having been established, the
Commission ordered that the anti-dumping case against Taiwan be dismissed for lack of
merit.
Pursuant to the provisions of Paragraph (l),
Section 301 of the Tariff and Customs Code of the Philippines (TCCP), as amended by RA
8752 (Anti-Dumping Act of 1999), the Department of Trade and Industry hereby issues an
Order dismissing the anti-dumping case against CRC from Taiwan for lack of merit.
Let copy of this Order be published immediately
in two newspaper of general circulation.
This Order shall take effect immediately.
(SGD.) THOMAS G. AQUINO
Acting Secretary
Source: Philippine Star 6/7/2000
IN THE MATTER OF PROTEST
AGAINST THE IMPORTATION
OF COLD ROLLED STEEL COILS
(CRC) (H.S. Hdg. No. 7209.18 90)
FROM MALAYSIA
FOR: Anti-Dumping Investigation
No. 99-05
NATIONAL STEEL CORP. (NSC),
Protestant.
-versus-
ORNASTEEL ENTERPRISE CORPORATION,
Protestee.
X--------------------------------------------------------x
O R D E R
In the 11 April 2000 hearing, the Exporter-Protestee Ornasteel enterprise
Corporation was not represented by counsel or by anybody despite notice of public hearing,
thus signifying non-interest in presenting witnesses or evidence to support its
cause. Further, Importer-Protestee Tower Steel Inc., by counsel, filed a
Manifestation, received by this Commission on 11 April 2000 waiving its right to be
present in the formal investigation. In view thereof, the public hearing of the instant
case is hereby TERMINATED.
Parties are given up to May 4 to submit to the Commission their respective
memorandum. The parties are likewise given seven (7) days after receipt of the
principal memorandum to submit their respective counter memorandum. The case is then
deemed submitted for resolution of the Commission.
SO ORDERED.
12 April 2000, Quezon City.
(Sgd.) EDGARDO B. ABON
Commissioner
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