Responding to a chorus of complaints by European manufacturers, the European Commission
(
website)
has agreed
to initiate a formal dumping investigation into all types of iron and steel fasteners from
the People's Republic of China. The investigation is 2007/C267/11.
The official notice published by the EC is here:
2007 / C267 / 11
[5 pages; PDF format]
A formal complaint was officially filed in September by the European Industrial Fasteners
Institute (EIFI;
website), on behalf
of EU fastener producers representing a more than the
requisite 25% of total EC market fastener production.
EFDA PowerPoint presentation about the complaint
[PPT file]
European producers are seeking 90% to 125% dumping margins, as China-produced fasteners are, "seriously
undercutting" EU manufactured prices. The complaint alleges damage to EU fastener manufacturers
as market share and profitability have fallen even as EU-wide fastener demand has been up 31%. The
complaint also alleges Chinese fastener prices have been falling, even though the cost of raw materials
has been rising worldwide. By the end of 2007, Chinese producers claimed nearly 30% of the EU market for fasteners.
Because China is considered a non-market economy in determining rates, a proxy will be used to determine
the proper market economy cost and selling price structure. In this case, India will be used as the model for
establishing a "normal" production value
vis-a-vis the Chinese mainland.
Because the complaint was lodged against such a large number of Chinese producers
(3,012 producers are named in the complaint), the Commission will probably may decide to simplify the
process by choosing to compare only a representative sampling of products and manufacturers.
The EC said all interested parties should request a questionnaire or other claim forms as soon
as possible. All interested parties, if their representations are to be taken into account during the
investigation, must make themselves known by contacting the Commission, present their views and submit
questionnaire replies. All exporters/producers involved who wish to apply for individual examination must
also submit a questionnaire reply. All interested parties may also apply to be heard directly by the Commission.
Provisional measures may be imposed no later than August 8, 2008, but may come much sooner; all
notices will be published in the EC's Official Journal.
Any findings are subject to appeal under WTO regulations, which may continue the
dispute for months or even years.
Specifically involved are:
Certain iron or steel fasteners, other than of stainless steel, i.e., wood screws (excluding coach
screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or
washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of shank
thickness not exceeding 6mm and excluding screws and bolts for fixing railway track construction
material) and washers, normally declared within CN codes 7318.12.90, 7318.14.91, 7318.14.99, 7318.15.59,
7318.15.69, 7318.15.81, 7318.15.89, 7318.15.90, 7318.21.00 and 7318.22.00.