By Hung Ou Yang, Jia-Jun Fang, and Yu-An Shih
Ministry of Finance (MOF) issued an announcement to investigate the Preliminary Injury of the Antidumping Case on Ceramic Tiles from India, Vietnam, Malaysia, and Indonesia on Oct. 28, 2020. We hereby summarize the announcement as follows. The deadline for any company at issue to express an intention to be involved in the investigation is Nov. 16, 2020.
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Taiwan Ceramic Industries Association, Champion Building Materials Co., Ltd. and two other companies ("Applicants") claim that the ratio of the ceramic tiles ("Subject Product") exported from India, Vietnam, Malaysia, Indonesia to Taiwan to the total import volume of identical products also the market share in Taiwan has increased year by year. The low-price of Subject Product has impacted the domestic price of domestic products in Taiwan.
Therefore, Applicants filed a petition to MOF to impose antidumping duties on Ceramic Tiles from India, Vietnam, Malaysia and Indonesia. The MOF decided to initiate the investigation process.
Subject Product
1. Name of the Product: Ceramic tiles.
2. Scope of the Product: Molded with clay or other inorganic materials, sintered at high temperature. Including wall tile, flooring tile, paving tile, and the like, whether glazed or unglazed, and the maximum heat resistance temperature is less than 1500◦C.
3. Specification of the Product:
(1) Water absorption coefficient: not more than 17% by weight
(2) Size: each side is 7 cm or more
(3) Thickness: less than 21 mm
(4) Exclude products: Special-shaped ceramic tiles, composed of one or more tile surfaces, are mainly used for tiles in openings, corners, etc. are not included in the scope of Subject Product.
(5) Reference CCC Codes: 69041000003, 69049000006, 69072100212, 69072100221, 69072100310, 69072100329, 69072100418, 69072100427, 69072100515, 69072100524, 69072100613, 69072100622, 69072100711, 69072100720, 69072100917, 69072100926, 69072200211, 69072200220, 69072200319, 69072200328, 69072200417, 69072200426, 69072200514, 69072200523, 69072200612, 69072200621, 69072200710, 69072200729, 69072200916, 69072200925, 69072300210, 69072300229, 69072300318, 69072300327, 69072300416, 69072300425, 69072300513, 69072300522, 69072300611, 69072300620, 69072300719, 69072300728, 69072300915, 69072300924.
(6) Use of the Product: Mainly used as decoration materials for walls and floors, as well as decoration and protection functions, and can be applied to walls and floors in living rooms, kitchens, bathroom spaces, balconies, staircases, halls, etc.
Period of Investigation
Oct. 1, 2019 - Sep. 30, 2020
Investigation Procedure
Once MOF decides to initiate the investigation, any unknown foreign producers, exporters and domestic importers may express its intention to the MOF its identity and its willingness to be involved in the investigation within 20 days with the form attached.
Further, MOF shall investigate the existence of a subsidy or dumping, and shall immediately notify the Ministry of Economic Affairs ("MOEA") such situation to investigate the existence of injury to the domestic industry in 40 days.
Suppose the preliminary determination made by MOEA is that there has been any injury to the domestic industry (Preliminary Determination on Injury), the MOF shall make a preliminary determination of whether there is a subsidy or dumping (called Preliminary Determination on Subsidy or Dumping) within 70 days. Please note that, within 30 days from the next day of the public notice of Preliminary Determination on Subsidy or Dumping, the foreign exporters may propose an undertaking to MOF to eliminate the effect of the injury sustained in the subsidy or dumping, or propose other effective measures, so as to eliminate the injury to domestic industry. When MOF decides to approve the undertaking, the MOF may suspend the investigation and provisional imposition of countervailing duty or antidumping duty.
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After the Preliminary Determination on Subsidy or Dumping is made, the MOF shall proceed with the investigation regarding whether there is subsidy or dumping and then make its final determination (called Final Determination on Subsidy or Dumping) within 60 days. MOF will further inform MOEA of this decision.
After the Final Determination on Subsidy or Dumping is made, MOEA shall further complete the final investigation and determine whether the subsidy or dumping causes injury to the domestic industry (called Final Determination on Injury) in 40 days and notify MOF of its final determination.
When the Final Determination on Injury finds that there is injury to the domestic industry, the MOF shall determine whether to impose a countervailing duty or antidumping duty in 10 days.
Our firm can assist foreign exporters to participate in the investigation process and hearings to argue that there is no injury to the domestic industry, and that there is no dumping in the market, reducing the risk of being imposed high duties or taxes for any transactions involved.
AUTHOR: Hung Ou Yang
Managing Partner
Taipei
+886-2-2707-9976
[email protected]
AUTHOR: Jia-Jun Fang
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Of Counsel
+886-2-2707-9976
[email protected]
AUTHOR: Yu-An Shih
Taipei
+886-2-2707-9976
[email protected]
Copyright Brain Trust International Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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