Presentation by: Dale Behm Managing Director

Transcription

1 Presentation by: Dale Behm Managing Director

2 TOPIC: International Trade Commission Investigation / Determination for: PET Resin Imports to USA Impact on North America PET Pricing

3 QUESTIONS TO ANSWER. 1. What is the ITC all about? 2. What is CVD & AD? 3. What investigations has the ITC undertaken? 4. What do you mean by Preliminary Decision? 5. What will be the final outcome of the ITC actions? 6. How does this impact imports and pricing in the US Market?

4 Founded: Sep 26, 1914 The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act. Its principal mission is the promotion of consumer protection and the elimination and prevention of anticompetitive business practices, such as coercive monopoly. The Federal Trade Commission Act was one of President Woodrow Wilson's major acts against trusts. Trusts and trust busting were significant political concerns during the Progressive Era. Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, 15 U.S.C. 41 et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations.

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7 Antidumping Laws: America's Unfair Trade Practice Antidumping laws seek to prevent products manufactured overseas from being sold by foreign firms in the U.S. at "less than fair value." Countervailing duties seek to offset the subsidies that foreign governments provide for some exporting firms by imposing duties on the goods these firms export to the U.S. The antidumping laws are confusing and arbitrary, and in many instances merely allow American firms to secure punitive tariffs against competing importers where no unfair trade practices are involved. As a result, American consumers pay higher prices for both imported and domestically produced goods, and American workers find fewer employment opportunities in less competitive American firms.

8 What Is A Dumping Margin? The prices at which each manufacturer has made sales in its home market for a particular period (the "period of investigation") are to be compared to sales prices during that same period to the U.S. market. To the extent that prices charged by a company in its home market exceed those charged to the United States, there will be dumping by that company. The price differential, expressed as a percentage, is called the "dumping margin." ITA Investigates Sales At Less Than Fair Value Final Determination And Antidumping Duty Order

9 ITA Trade Administration: Commerce Initiates Antidumping Duty and Countervailing Duty Investigations of Imports of Certain Polyethylene Terephthalate Resin from four countries: 1. Canada 2. China 3. India 4. Oman * Petitions Filed with ITC March 10, 2015 * DOC Initiation..March 31,2015

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11 So why did the US PET manufacturers petition the ITC? Limit Imports from Canada, Omen, India & China Drive up Pricing> Create confusion in the market place Allow them to upgrade or build new facilities Let s see what is happening at the ITC and effect on US pricing today

12 ITC Investigation PET Resin The United States (US) is poised to impose countervailing duties (CVD) on polyethylene terephthalate (PET) resins imported from Canada, China, India and Oman, after a late May US International Trade Commission (USITC) report determined that governments have been subsidizing these imports. According to the report, the USITC found reasonable indications that a US industry was materially injured by imports of PET resin from the four countries. The material was allegedly sold in the US at less than fair value and subsidized by the governments of China, India, and Oman. * DOC Preliminary Determination August 7, 2015 * Published in Federal Register August 14 th, 2015

13 IMPORT STATISTICS: CANADA Volume (metric tons) 121, , ,700 Value (USD) 210,762, ,392, ,034,000 PRC Volume (metric tons) 72,500 66, ,800 Value (USD) 82,879,000 70,915,000 92,128,000 INDIA Volume (metric tons) 22,900 36,700 38,900 Value (USD) 36,813,000 56,963,000 51,666,000 OMAN Volume (metric tons) 11,600 24,500 37,500 Value (USD) 18,117,000 38,252,000 51,068,000

14 U.S. Department of Commerce International Trade Administration CASE CALENDAR: EVENT AD INVESTIGATIONS CVD INVESTIGATIONS Petitions Filed March 10, 2015 March 10, 2015 DOC Initiation Date March 30, 2015 March 30, 2015 ITC Preliminary Determinations DOC Preliminary Determinations April 24, 2015 April 24, 2015 August 7, 2015 DOC Final Determinations February 25, 2016 February 25, 2016 ITC Final Determinations April 8, 2016 April 8, 2016 Issuance of Orders April 15, 2016 April 15, 2016

15 PRELIMINARY SUBSIDY RATES: COUNTRY EXPORTER/PRODUCER SUBSIDY RATES China Jiangyin Xingyu New Material Co., Ltd., Jiangsu Xingye Plastic Co., Ltd., Jiangyin Xingjia Plastic Co., Ltd., Jiangyin Xingtai New Material Co., Ltd., Jiangsu Xingye Polarization Co., Ltd., Jiangsu Sanfangxiang Group Co., Ltd., Jiangyin Hailun Petrochemicals Co., Ltd., Jiangyin Xinlun Chemical Fiber Co., Ltd., Jiangyin Huasheng Polymer Co., Ltd., Jiangsu Sanfangxiang International Trading Co., Ltd., Jiangyin Huayi Polymerization Co., Ltd., Jiangyin Xingsheng Plastic Co., Ltd., Jiangyin Chemical Fiber Co., Ltd., Jiangyin Huaxing Synthetic Co., Ltd., Jiangyin Bolun Chemical Fiber Co., Ltd., (collectively, Xingyu) 4.27%

16 China Dragon Special Resin (Xiamen) Co., Ltd.; Xiang Lu Petrochemicals Co., Ltd.; Xianglu Petrochemicals (Zhangzhou) Co., Ltd.; and Xiamen Xianglu Chemical Fiber Company Limited (collectively, Dragon) 18.88% China All Others 11.58% India Dhunseri Petrochem Ltd (formerly Dhunseri Petrochem and 5.50% Tea Ltd) (collectively, Dhunseri) India JBF Industries Limited %* India All Others 5.50% Oman OCTAL SAOC FZC and OCTAL Holding SAOC 0.28% (de minimis)

17 Preliminary Duties Imposed Date: March 24 th 2004 Filed by: Dak, Nanya, Voridin, Wellman Implemented: October 20 th 2004 AD. 21% to 52.5% CVD... 6% to 20.3%

18 ITC declines to tax PET imports The year The U.S. International Trade Commission has rejected an attempt by PET resin makers to place countervailing or antidumping duties on PET imports from: India, Indonesia and Thailand ITC turned down the request April 18 by a 5 1 vote. The U.S. PET market ``is not materially injured or threatened'' by imports from those countries. Preliminary countervailing duties were placed on PET from the three countries in 2004, resulting in a 45 percent drop in overall Asian PET imports into the United States from almost 600 million pounds to 330 million pounds.

19 Final Determination & Antidumping Duty Order: Countervailing Duties Antidumping Duties If ITA determines there are sales at less than fair value and ITC determines that those sales are causing or threatening injury to a U.S. industry, ITA will issue a final antidumping duty order. Under current U.S. law, the antidumping duty order will march forward for five (5) years even if no party requests an annual review.

20 BREAKING NEWS October 9 th, 2015 US Department of Commerce announces Preliminary determinations for AD (Anti Dumping) duty of import of PET Resin from China, Canada, Omen and India effective week of October 12 th once published in Federal Register the Official USA publication. US Department of Commerce is scheduled to announce its Final determination on Feb 25 th, 2016 The Following table summarizes Dumping Margins

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22 So What Happens to Pricing in USA? How does the DOC/ITC affect Pricing? (Based Upon $900/mt) (CVD+AD) Canada % = Cpp India % = Cpp Oman + 6.6% = Cpp China + 134% = Cpp

23 So What Will Happen on February 25, 2016 when the Final Vote is Determined by DOC/ITV Commissions? 1. Stay the Same 2. Could Go Down 3. Possible No CVD/AD Very Political so difficult to forecast!

24 Import S.Korean PET Resin Working with Parrang of S. Korea Primary focus of PET Resin Imported to USA : Lotte Chemical Corp Stopped importing DSR Resin into USA on August 14, 2015 Additional Product offering of PP and PE in Early 2016 [ Thank you and open to Questions ]