Canadian authorities have reported that reported that Canada has established that there have been dumping imports of thick sheet, hot-rolled, cutoff rolled metal made of carbon and high strength low alloy steel made in Ukraine.
According to the statement, the dumping margin, the difference between the usual cost of goods in the producer country and its export price to Canada, for Azovstal, part of Metinvest Group, and for other group’s enterprises was 15% and that for other Ukrainian exporters was 21.3%.
Due to this, by February 2nd 2010 a decision will be made on damage made or not made by the dumping imports from Ukraine to the Canadian producer of the same goods. “If damage is not proved, the investigation could be halted without taking final antidumping measures. If damage to the Canadian producers is proved, a final antidumping duty will be introduced. The latest scenario is more probable.”
Mrs. Viktoria Kotsiubska, the advisor from Volkov, Koziakov & Partners law firm said that according to the points of the antidumping agreement, signed as part of Ukraine’s entering the World Trade Organization, a final antidumping duty could be introduced only if the fact of dumping and damage done by the imports to the Canadian national producers is proved.
The advisor said that in accordance with the WTO rules, the final antidumping duty cannot exceed the dumping margin. It means that it would be 15% for Azovstal and other Metinvest enterprises, and 21.3% for other exporters. But it could be lower if it is enough to cover the losses of Canadian metallurgy. Meanwhile, according to the Canadian authorities, a preliminary antidumping duty will be in effect until the fact of damage is proved or disproved.
Mrs. Kotsiubska said that the condition for applying the preliminary measures mentioned is a preliminary conclusion on evidence of dumping and harm caused to the corresponding industry, an official announcement of the start of an investigation and providing all interested sides with the possibility of providing comments and information.
The experts said the introduction of preliminary antidumping measures before a final decision on the case is made is permitted by WTO rules if the corresponding competent authorities consider them necessary to avoid harm to national producers during the investigation, and Ukraine and Canada are WTO members.
Besides, Mrs. Kotsiubska said that various authorities are investigating evidence of dumping and harm caused to national producers in Canada. The Canada Border Services Agency is investigating cases of dumping, and the Canadian International Trade Tribunal is investigating whether there was damage caused by them. In Ukraine, both evidence of dumping and possible harm caused is investigated by the Economy Ministry’s department for trade protection. (Interfax-Ukraine)
