INVESTIGATION PROGRESS

Date Status
15 Jan 2018 Termination
21 Feb 2017 Review
02 Sep 2015 Definitive duty
06 Nov 2014 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 02 Sep 2015 | Removal date: 15 Jan 2018
Still in force

Anti-circumvention

 

On July 28, 2014, the company GrafTech México, S.A. de C.V. lodged a request for an investigation to ascertain the existence of circumventing practices that would challenge the definitive anti-dumping duty imposed on February 22, 2012 (and amended on March 20, 2013) on imports of graphite electrodes originating in China (see related intervention).
The petitioner argued that since September 2012 imports of graphite electrodes from the United Kingdom (particularly from the exporting company U.K. Carbon and Graphite, Co. Ltd.) have increased in order to avoid the payment of the aforementioned anti-dumping duty. According to the petitioner, graphite rods are exported from China to the UK and are then transformed into graphite electrodes through a light manufacturing process taking place in the UK, to in the end be exported to Mexico without having to pay any anti-dumping duty.
On November 6, 2014, the Mexican Ministry of Economy decided to initiate an investigation on the circumvention of the anti-dumping duty imposed on imports of graphite electrodes originating in China. Those goods are classified under the following HS code: 8545.1101. The investigation started on the day following the publication of the resolution in the Official Journal of the Federation, i.e. on December 4, 2014.

On August 13th, 2015, the Mexican Ministry of Economy concluded the investigation and decided upon the extension of the anti-dumping measure imposed on imports of graphite electrodes from China to imports of the same products from the United Kingdom of Great Britain and Northern Ireland (when manufactured with graphite rods originating in China) as far as the company U.K. Carbon and Graphite, Co. Ltd. is concerned.
The rate of the duty is the rate that applies to the Chinese company that supplies the graphite rods that are then used in the United Kingdom to manufacture graphite electrodes.
This definitive duty entered into force on the day following the publication of the resolution in the Official Journal of the Federation, i.e. on September 2nd, 2015.
On 21 February 2017, the Mexican Ministry of Economy initiated a sunset review of the anti-dumping duty imposed on imports of the subject good from the United Kingdom. This review follows the request lodged on 6 December 2016 by GrafTech México, SA de CV. The existing anti-dumping measure remains in force during the review. A sunset review was also initiated of the anti-dumping duty imposed on the subject good from the China, see related intervention.

On 15 January 2018, the Mexican authorities terminated the definitive duty imposed on imports of the subject good from the United Kingdom following the conclusion of the above sunset review. The definitive duty imposed on imports of the same good from China was also terminated, see related intervention.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

469 Other electrical equipment & parts
8545 Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes.
854511 Of a kind used for furnaces

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