By Hung Ou Yang
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Taiwan's Ministry of Finance ("MOF") issued an announcement to initiate its antidumping investigation on "float glass, in sheet" from Malaysia, Indonesia and Thailand on May 6, 2022. We hereby summarize the MOF announcement as follows. The deadline for any company at issue to express an intention to be involved in the investigation for the purpose of obtaining individual tax rate is May 25, 2022. To obtain individual tax rate, the data with regard to the products manufactured by a specific company being investigated and directly exported to Taiwan must be submitted for review. The defense strategy for such antidumping investigation can be found here.
Subject Product
1. Name of the Product: Float glass, in sheet. Here, there are two types, clear float glass, and tinted float glasss.
2. Scope of the Product:
(1) Sheet glass manufactured by the method of "float".
(2) Thickness: less than or equal to 19mm but over 1.1mm.
(3) No limitation on width or length.
(4) Excluded products: The float glass in sheet which DOES NOT encompass "metal wires", "absorbing, reflecting layer or no reflecting layer", and has not been processed by any other method shall be excluded from this antidumping investigation.
(5) Reference CCC Codes: 70052990107 and 70052100006.
(6) Use of the Product: Directly used or to be used as base plate for processing glass.
Period of Investigation: April. 1, 2021 - March 31, 2022 for dumping investigation but this period will be extended if necessary. The Ministry of Economic Affairs ("MOEA") will further announce the period of investigation for injury investigation.
Manufacturers/Exporters and Their Dumping Margins:
(1) Malaysia: Xinyi Energy Smart (M) Sdn Bhd, Kibing Group, Malaysian Sheet Glass Berhad (NSG Group). Here, the dumping margin will be 53.32%.
(2) Indonesia: Pt Mulia Industrindo Tbk and Asahimas Flat Glass. Here, the dumping margin will be 168.9%.
(3) Thailand: Guardian Industries Corp. Ltd, AGC Flat Glass (Thailand) Public Company Limited and Bg Float Glass Co. Ltd. Here, the dumping margin will be 137.98%.
Why You Should Participate in the Antidumping Investigation
Without participating the antidumping investigation for obtaining individual tax rate, the respective dumping margins stated above will be highly likely used as calculating and imposing antidumping taxes for the products from the countries investigated. To obtain individual tax rate, the data with regard to the products manufactured by a specific company being investigated and directly exported to Taiwan must be submitted for review. To this end, all the manufacturers and exporters listed above would have direct interests in participating this antidumping investigation.
Investigation Procedure
Once the 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 by submitting the application form.
When the MOF investigates the existence of dumping, the MOF will further notify the MOEA which will be in charge of investigating the existence of injury to the domestic industry within 40 days.
Suppose the preliminary determination made by the MOEA is that there has been injury to the domestic industry (Preliminary Determination on Injury), the MOF will make a preliminary determination of whether there is dumping (called Preliminary Determination on Dumping) within 70 days. Please note that, within 30 days from the next day of the public notice of Preliminary Determination on Dumping, the foreign exporters may propose an undertaking to the MOF to eliminate the effect of the injury sustained in the dumping, or propose other effective measures, so as to eliminate the injury to domestic industry. When the MOF decides to approve the undertaking, the MOF may suspend the investigation and provisional imposition of antidumping duty.
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After the Preliminary Determination on Dumping is made, the MOF shall proceed with the investigation regarding whether there is dumping and then make its final determination (called Final Determination on Dumping) within 60 days. The MOF will further inform the MOEA of this decision.
After the Final Determination on Dumping is made, the MOEA shall further complete the final investigation and determine whether the dumping causes injury to the domestic industry (called Final Determination on Injury) in 40 days and notify the MOF of its final determination.
When the Final Determination on Injury finds that there is injury to the domestic industry, the MOF will determine whether an antidumping duty shall be imposed in 10 days.
Brain Trust can assist foreign manufacturers and 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. Most important of all, Brain Trust can assist foreign manufacturers and exporters to obtain individual tax rate to avoid unreasonably high antidumping tax rate.
AUTHOR: Hung Ou Yang
Managing Partner
Taipei
+886-2-2707-9976
[email protected]
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