SUSPENDING THE IMPOSITION OF DEFINITIVE ANTI-DUMPING DUTIES ON COLD ROLLED COILS AND SHEETS FROM RUSSIA

Attached is the letter dated January 10, 2000 of Atty. Alexander B.
Arcilla, Director, Bureau of Import Services furnishing this Bureau a
copy of the Order implementing the definitive findings of the Tariff
Commission on the anti-dumping case against the importations of Cold
Rolled Coils (CRC) and Sheets from Russia.

The Tariff Commission has ruled that the elements constituting
dumping have been established. However, following an ocular inspection
revealing the non-operation of NSC, the Commission orders the
suspension of the imposition of the prescribed definitive duties until
such time that NSC can show that its CRC Division is already on a normal
operation status.

Pursuant to paragraph (I), Section 301 of the Tariff Code as amended by RA 8752 the Department
of Trade and Industry issued an Order suspending the imposition of the
definitive anti-dumping duties on cold rolled coils (CRC) and sheets
from Russia as prescribed by the Tariff Commission.

For your information and guidance.

Adopted: 13 Jan. 2000

(SGD.) JULITA S. MANAHAN
Deputy Commissioner

Internal Administration Group 10 January 2000

COMMISSIONER RAMON FAROLAN
Bureau of Customs
Port Area, Manila

 Dear Commissioner Farolan:

We are furnishing you a copy of the Order implementing the
definitive findings of the Tariff Commission on the anti-Dumping case
against the importations of Cold Rolled Coils (CRC) and Sheets from
Russia.

The Tariff Commission has ruled that the elements constituting
dumping have been established. However, following an ocular inspection
revealing the non-operation of NSC, the Commission orders the suspension
of the imposition of the prescribed definitive duties until such time
that NSC can show that its CRC Division is already on a normal
operations status.

Pursuant to paragraph (I), Section 301 of the Tariff Code as
amended by RA 8752, the Department of Trade and Industry issued an Order
suspending the imposition of the definitive anti-Dumping duties on cold
rolled coils (CRC) and sheets from Russia as prescribed by the Tariff
Commission.

Thank you very much.

Very truly yours,

(SGD.) ATTY. ALEXANDER B. ARCILLA
Director

Anti-Dumping Case No. 98

IN THE MATTER OF PROTEST AGAINST THE IMPORTATION OF COLD ROLLED STEEL COILS (CRC) AND SHEETS FROM RUSSIA

NATIONAL STEEL CORPORATION, Protestant

ORDER

Before the Department of Trade and Industry is the Tariff
Commission’s Report on Findings on the Anti-Dumping Protest Against the
Importation of Cold Rolled, Coils/Sheets originating from Russia
classified under HS Heading 72.09, except H.S. No. 7209.1800, described
as flat-rolled products of iron or non-alloy steel, of width of 600 mm
up to 1220 mm, of nominal thickness of 0.2 mm up to 1.6 mm, not clad
plated or coated, whether annealed or unannealed, of general use or
commercial drawing quality conforming to PNS 127 Class 1 or its
equivalent in other national standards.

The Commission’s investigation showed positive price differences
between the normal values and export prices of CRC from Russia and
concluded that dumping has caused material injury to the domestic
industry. The volume of dumped imports at 12.25% of the total Philippine
imports satisfied the de minimis requirement of 3%. Injury to NSC were
reflected in the actual decline in output, sales, market share capacity
utilization, profits and employment. The Commission also found that a
host of factors other than dumping did exacerbate NSC’s injury to the
point of a significant overall impairment in the position of the
domestic industry.

In view of the foregoing, the elements constituting dumping having
been established, the Commission has ordered the imposition of
definitive anti-dumping duties on Cold Rolled Coils and Sheets
originating from Russia.

The corresponding anti-dumping duty shall be imposed on the herein name exporters as follows:

Exporter(s)	(USS/MT)	(% of Export Price)
Magnitogorsk	5.87	2 .06
Metalsrussia	0	0
MetalsAsia (Europe) Ltd.	41.37	15.00
Duferco SA.	23.18	7.96
Balli Trading	43.19	16.65
Industrial Steels, Ltd.	33.07	11.87
Cargill Int’l Trading	55.29	21.10
United Metal Supply	46.98	17.57
Voest-Alpie Intertrading	64.28	25.75
Midland Resources, Inc.	70.40	28.54
MMK Metal (HK) Ltd	27.12	9.80
TCI Trans Commodities AG	12.59	4.39
All Other Exporters	7.89	2.67

However, following an ocular inspection conducted on 08 November
1999 revealing the non-operation of NSC, the Commission orders the
suspension of the imposition of the prescribed definitive anti-Dumping
duties until such time that NSC can, that its CRC Division is already on
a normal operations status.

Pursuant to the provisions of paragraph (I), Section 301 of the
Tariff and Customs Code, as amended by Republic Act 8752 (Anti-Dumping
Act of 1999), which provides that “the Secretary shall, within ten (10)
days from receipt of the affirmative final determination by the
Commission, issue an Order imposing an anti-dumping duty on the imported
product, commodity, or article, unless he has earlier accepted a price
undertaking from the exporter or foreign producer, the Department of
Trade and Industry (DTI), hereby issues an Order suspending the
imposition of the prescribed definitive anti-dumping duties on Cold
Rolled Steel Coils (CRC) and Sheets from Russia, until such time that
NSC can show proof that its CRC Division is already on a normal
operations status.

Let copies of this Order be published immediately in two (2) newspapers of general circulation.

This Order shall take effect immediately.

(SGD.) JOSE TRINIDAD PARDO
Secretary

By Authority of the Secretary:

(SGD.) JOSE TRINIDAD PARDO
Secretary