The European Commission intends dropping the circumvention investigation initiated in June 2012 on stainless steel fasteners from Thailand and Malaysia without applying duties. However, it proposes to apply a 27.4% duty on imports from the Philippines, with the exception of two companies that will be granted exemptions.

Proposal COM 2013/0046 dated 13.02.13 states that Commission investigators were unable to confirm that transhipment of certain Chinese-origin stainless steel fasteners was taking place via Malaysia and Thailand. The Commission, therefore, proposes to terminate the investigation regarding these two countries without applying anti-dumping duties. 

Investigators were, however, able to confirm transhipment was taking place via the Philippines and that other criteria establishing that circumvention was occurring were also met. As a result the Commission proposes to extend the anti-dumping measures currently in force on stainless steel fasteners from People’s Republic of China to imports consigned from the Philippines. The corresponding duty of 27.4% will apply and will be levied from the date the investigation was initiated, which was 15 June 2012. The Commission proposes to grant exemption from the duties to two Filipino companies only.

The Council Regulation implementing these proposals will be published in the EU Official Journal no later than 13th March 2013 and will come into force the following day. Before the Commission publishes a proposal of this type it will have obtained acceptance of its decision from Member States.

When the Commission launched its investigation it instructed customs authorities to register imports of stainless steel fasteners from the three countries. Companies importing stainless steel fasteners from the Philippines since 15th June 2012, except from the two exempted exporters, will be charged backdated anti-dumping duty at 27.4%.