«FOR PUBLIC RECORD INVESTIGATION 240 ALLEGED DUMPING OF ROD IN COILS EXPORTED FROM THE REPUBLIC OF INDONESIA, TAIWAN AND THE REPUBLIC OF TURKEY ...»
FOR PUBLIC RECORD
ALLEGED DUMPING OF ROD IN COILS
THE REPUBLIC OF INDONESIA, TAIWAN AND
THE REPUBLIC OF TURKEY
EXPORTER VERIFICATION REPORT
HABAŞ SINAI VE TIBBI GAZLAR ISTIHSALENDÜSTRISI A.Ş.
THIS REPORT AND THE VIEWS OR RECOMMENDATIONS CONTAINED THEREIN
WILL BE REVIEWED BY THE CASE MANAGEMENT TEAM AND MAY NOT REFLECT
THE FINAL POSITION OF ANTI-DUMPING COMMISSION2 February 2015
FOR PUBLIC RECORDCONTENTS CONTENTS
1 BACKGROUND AND PURPOSE
1.2 PURPOSE OF VERIFICATION
1.3 COMPANY DETAILS
1.4 INVESTIGATION PROCESS AND TIMEFRAMES
1.5 VERIFICATION REPORT
2 THE GOODS UNDER CONSIDERATION AND LIKE GOODS
2.1 THE GOODS
3 COMPANY INFORMATION
3.2 RELATED PARTIES
3.3 RELATIONSHIP WITH SUPPLIERS AND CUSTOMERS
3.4 ACCOUNTING AND AUDIT INFORMATION
4 SALES TO AUSTRALIA
4.1 SALES PROCESS
4.2 VERIFICATION OF EXPORT SALES TO AUDITED FINANCIAL STATEMENTS
4.3 VERIFICATION OF EXPORT SALES TO SOURCE DOCUMENTS
4.4 FORWARD ORDERS
4.5 THE EXPORTER
4.6 THE IMPORTER
4.7 ARMS’ LENGTH
4.8 EXPORT PRICE – PRELIMINARY ASSESSMENT
5 COST TO MAKE & SELL
5.1 APPROACH TO VERIFICATION
5.2 COST TO MAKE
5.3 SELLING, GENERAL AND ADMINISTRATION (SG&A) EXPENSES
5.4 COSTS TO MAKE AND SELL - CONCLUSION
6 DOMESTIC SALES
6.1 SALES PROCESS
6.2 VERIFICATION OF DOMESTIC SALES TO AUDITED FINANCIAL STATEMENTS
6.3 VERIFICATION OF DOMESTIC SALES TO SOURCE DOCUMENTS
6.4 ARM’S LENGTH
6.5 VOLUME OF SALES AND ORDINARY COURSE OF TRADE
6.6 SALES BY OTHER SELLERS
6.7 THIRD COUNTRY SALES
6.8 DOMESTIC SALES – SUMMARY
7 NORMAL VALUE
7.1 NORMAL VALUE
7.3 ADJUSTMENTS CLAIMED BY HABAŞ
7.4 OTHER ADJUSTMENTS
8 DUMPING MARGIN – PRELIMINARY ASSESSMENT
9 APPENDICES AND ATTACHMENTS
1 BACKGROUND AND PURPOSE
1.1 Background On 24 February 2014, OneSteel Manufacturing Pty Ltd (OneSteel) lodged an application with the Anti-Dumping Commission (the Commission) requesting that the then Parliamentary Secretary to the Minister for Industry (Parliamentary Secretary) publish a dumping duty notice in respect of rod in coils exported to Australia from the Republic of Indonesia (Indonesia), Taiwan and the Republic of Turkey (Turkey). A full description of the goods under consideration is included in section 2.1 of this report.
OneSteel, the sole manufacturer of rod in coils in Australia, alleges that the Australian industry has suffered material injury caused by rod in coils exported to Australia from Indonesia, Taiwan and Turkey at dumped prices. The applicant claimed the industry has
been injured through:
loss of sales volumes;
loss of market share;
reduced return on investment; and reduced employment.
The Commission examined the application and prepared a report for the Commissioner of the Anti-Dumping Commission (the Commissioner) recommending the application not be rejected.1 The Commissioner, after having regard to the report, initiated an investigation into the alleged dumping of rod in coils from Indonesia, Taiwan and Turkey. Public notification of the initiation of the investigation was made on 10 April 2014 in The Australian newspaper and Anti-Dumping Notice No. 2014/27.
The application identified Habaş Sinai ve Tibbi Gazlar Istihsal Endüstrisi A.Ş. (Habaş) as an exporter of rod in coils from Turkey. A search of the ACBPS import database also indicated that Habaş exported rod in coils from Turkey to Australia during the investigation period (1 January 2013 to 31 December 2013). The Commission wrote to Habaş advising it of the initiation of the investigation, requesting co-operation with the investigation and providing copies of an exporter questionnaire for it to complete.
1 Consideration Report No 240.
Habaş completed the exporter questionnaire, providing details regarding the company, exports, domestic sales and cost to make and sell (CTMS) expenses for rod in coils.
1.2 Purpose of verification The objectives for verification in an anti-dumping investigation are to collect evidence to support the information presented in the exporter questionnaire response and establish
that the information submitted by interested parties is:
Relevant – only relevant information is included;
Complete – all relevant information is included; and Accurate – the information is accurate.
Generally, the Commission will visit exporters to conduct an on-site verification of information provided by the exporter in its questionnaire. This allows the Commission to quickly test claims made by the exporter and discuss any complicating factors, for the exporter to show how costs are recorded in its accounting systems, and for the Commission to conduct on-the-spot verification of transactions not prepared in advance by the exporter. However, due to travel advisories from the Department of Foreign Affairs and Trade, Commission staff were unable to travel to Turkey to conduct an on-site verification of Habaş.
Despite the limitations of remote verification, the Commission has applied the same standard for the verification of Habaş as would be applied during an on-site verification to ensure any findings are adequately supported by evidence.
The verification exercise reviewed extensive supporting documentation provided by the company to verify the information presented in the exporter questionnaire response.
In this report, the Commission has relied upon verified information to make preliminary
who is the exporter and who is the importer;
normal values; and dumping margins.
1.4 Investigation process and timeframes
The Commission advised Habaş of the investigation process and timeframes as follows:
The investigation period is 1 January 2013 to 31 December 2013.
The injury analysis period is from 1 January 2010 for the purpose of analysing the condition of the Australian industry.
A preliminary affirmative determination (PAD) may be made no earlier than day 60 of the investigation (9 June 2014) and provisional measures may be imposed at the time of the PAD or at any time after the PAD has been made.
The Commissioner will not make a PAD until (and if) he becomes satisfied that there appears to be, or that it appears there will be, sufficient grounds for the publication of a dumping duty notice.
This was distinguished from the ‘reasonable grounds’ threshold for initiation of the investigation.
The Statement of Essential Facts (SEF) for the investigation is due to be placed on the public record by 1 March 2015; or such later date as the Minister for Industry and Science (the Minister) allows under s.269ZHI of the Customs Act 1901 (the Act)2.
The SEF will set out the material findings of fact on which the Commissioner intends to base his recommendations to the Minister, and will invite interested parties to respond, within 20 days, to the issues raised therein.
Following receipt and consideration of submissions made in response to the SEF, the Commissioner will provide his final report and recommendations to the Minister.
The Commission informed Habaş that anti-dumping measures may only be imposed where the Minister is satisfied that the goods were dumped and that the dumped goods had caused or were threatening to cause material injury to the Australian industry.
1.5 Verification report The Commission explained to Habaş that a report of verification (this report) would be provided to it to review its factual accuracy, and to identify those parts of the report it considers to be confidential.
The Commission further explained that, in consultation with Habaş, we would prepare a non-confidential version of the report, and place this on the investigation’s Public Record.
2 All references in this report to sections of legislation, unless otherwise specified, are to the Customs Act 1901.
2 THE GOODS UNDER CONSIDERATION AND LIKE GOODS
2.1 The goods
The goods the subject of the investigation (the goods) are:
Hot rolled rods in coils of steel, whether or not containing alloys, that have maximum cross sections that are less than 14 mm.
The goods the subject of the investigation include:
all steel rods meeting the above description of the goods regardless of the particular grade or alloy content.
Deformed Bar in coils and stainless steel in coils.
The goods are referred to as rod in coils in this report.
2.1.1 Tariff classification The goods are typically classified to subheadings 7213.91.00 (statistical code 44) and 7227.90.90 (statistical code 42) to Schedule 3 of the Customs Tariff Act 1995. The general rate of duty is currently 5%, however, Indonesia and Turkey are designated DCS countries and Taiwan is designated a DCT3 country. Rod in coils exported to Australia from DCS and DCT designated countries is free of duty.
The ACBPS Trade Branch confirmed that rod in coils of non-alloy steel is classified to 7213.91.00 if the cross section is circular as well as less than 14 mm in diameter. Rod in coils of other alloy steel are classified to heading 7227, but the reference to subheading 7227.90.90 excludes certain alloys such as silico-manganese steel and non-circular sections.
Following discussions with the Commission, the applicant confirmed that the goods under consideration should be entered under the nominated tariff subheadings. However, the Commission notes that the goods under consideration are defined by the description, not the tariff classification.
2.1.2 Like goods In its REQ Habaş provided details on the goods it exported and what it considered were like goods sold on the domestic market.
During the investigation period Habaş exported rod in coils to Australia of varying thicknesses from [CONFIDENTIAL TEXT DELETED – number] mm to [CONFIDENTIAL TEXT DELETED – number] mm specified to [CONFIDENTIAL TEXT DELETED – detailed specification of goods exported to Australia].
Habaş noted that the identifying factor is maximum carbon content as follows:
‘DCT’ and ‘DCS’ are codes applied to classes of countries and places in relation to which special rates apply as specified in Parts 4 and 5 of Schedule 1 of the Customs Tariff Act 1995.
[CONFIDENTIAL TEXT DELETED – detailed specification of goods exported to Australia] Habaş advised that it assigned the same model code (eg [CONFIDENTIAL TEXT DELETED – model code]) to products in the domestic and Australian market based on these carbon content ranges, and that products could be compared if they fall within the same carbon content limitation.
The Commission reviewed the export sales of Habaş and notes [CONFIDENTIAL TEXT DELETED – pricing policy] between the different specifications and the different thicknesses.
The Commission reviewed the domestic sales of Habaş and notes [CONFIDENTIAL TEXT DELETED – pricing policy] between the different specifications and the different thicknesses.
The Commission’s analysis of export and domestic prices is at Confidential Appendix 1 After considering the information on specifications and prices the Commission is of the view that rod in coils sold on the domestic market regardless of specification and thickness are like goods to the exported goods.
Rod in Coils – Exporter Remote Verification Report – Habaş
FOR PUBLIC RECORD
3 COMPANY INFORMATION
3.1 General Habaş is a corporation registered under Turkish law. [CONFIDENTIAL TEXT DELETED – shareholding structure].
Habaş was founded in 1956 as a producer of industrial gas production (then known as Hamdi Başaran Topkapi Oxygen Plant). Since its founding, the Habaş Group has expanded its operations to incorporating industrial and medical gases, steel, electrical energy, heavy machinery, business and banking services, and operation of a sea port.
Habaş’ head office is located at Soganlik in Istanbul.
Habaş’ steel manufacturing operations were established in 1987, and are based in Izmir.
Habaş’ steel plant consists of two electric arc furnaces, two ladle furnaces and two continuous billet casting machines. Habaş’ melt shop is integrated with two rolling mills, one for reinforcing bars, the second for rod in coils. The steel billets used in production are produced from imported and domestically sourced scrap.
Habaş has an annual production capacity of [CONFIDENTIAL TEXT DELETED – number] m tons of cast steel billets. Habaş provided a production flowchart of its rod and rebar operations in its exporter questionnaire response.
[CONFIDENTIAL TABLE DELETED – production flow chart]