Notice

Trade remedies notice 2023/09: anti-dumping duty on welded tubes and pipes from Belarus and China

Updated 29 June 2023

This was published under the 2019 to 2022 Johnson Conservative government

This public notice is published on 29 June 2023 with effect from the day after the date of publication.

This public notice is published by the Secretary of State under regulation (the Reconsideration Regulations).

This public notice gives effect to the Secretary of State for Business and Trade鈥檚 decision to accept the Trade Remedies Authority鈥檚 (TRA) recommendation to include galvanised tubes to the UK鈥檚 anti-dumping measure on welded tubes and pipes from Belarus and China. The TRA has concluded the reconsideration and verified that galvanised tubes are produced in the UK and recommends that they are included in the measure. This public notice supersedes: Trade remedies notice 2021/08

Trade Remedies notice 2021/08 was published by the Secretary of State under . and gave effect to the Trade Remedies Authority (TRA) recommendation to:

  • vary the anti-dumping duty on welded tubes and pipes from Belarus and China
  • revoke the anti-dumping duty on welded tubes and pipes from Russia

Summary of the reconsideration

On 9 September 2021, Tata Steel UK (TSUK) applied for a reconsideration of this original decision on three grounds:

  • TSUK produces non-threaded WTP plated or coated with zinc, classified under CN code 7306 30 72 80 and therefore requests that galvanised tubes be included in the measures
  • if the anti-dumping amount is 鈥榮ufficient鈥� to offset dumping, then the TRA need not (and should not) consider whether that measure is 鈥榥ecessary鈥� to offset dumping
  • Russia must remain subject to the anti-dumping measures due to high likelihood of recurrence of dumping

On 24 November 2021, the TRA initiated a reconsideration of the transition review regarding certain welded tubes and pipes of iron or non-alloy steel (WTP) originating in the Republic of Belarus, the People鈥檚 Republic of China and the Russian Federation (Russia).

The TRA conducted the reconsideration under regulation of the Reconsideration Regulations. The TRA has wide discretion to reconsider an original decision in whatever way it considers appropriate in the circumstances, subject to any contrary provisions in those Regulations.

Having completed the reconsideration review, the TRA:

  • confirms that TSUK produces galvanised tubes
  • disagrees with TSUK鈥檚 submissions regarding the TRA鈥檚 ability to carry out assessments relating to both the necessity and the sufficiency of a measure, and its assertion that conducting a dumping likelihood analysis in the original transition review involved an error of law
  • disagrees with TSUK that Russia must remain subject to the anti-dumping measures due to high likelihood of recurrence of dumping

Recommendation of the TRA

The TRA recommended varying the original decision so that galvanised tubes is included in the anti-dumping measure.

The measure will apply for a period of five years from 30 January 2021.

The TRA made the recommendation in accordance with regulation of the Reconsideration Regulations.

After reviewing the TRA reconsideration, the Secretary of State for Business and Trade has accepted the TRA鈥檚 recommendation under regulation

Further information on the investigation can be found on the .

Goods description

The anti-dumping duty applies to welded tubes and pipes, of circular cross-section, of iron or non-alloy steel, and of an external diameter not exceeding 168.3mm, excluding:

  • line pipe of a kind used for oil or gas pipelines
  • casing and tubing of a kind used in drilling for oil or gas
  • precision tubes
  • tubes and pipes with attached fittings suitable for conducting gases or liquids for use in civil aircraft

The welded tubes and pipes subject to anti-dumping duty are usually imported into the UK under the following UK Global Tariff (UKGT) commodity codes:

  • 7306304120
  • 7306304920
  • 7306307780
  • 7306307280

Amount of anti-dumping duty

The additional amount of import duty (the anti-dumping duty) applicable to the net, free-at-the-frontier price, before other amounts of import duty, of welded tubes and pipes imported into the UK from:

  • Belarus is 38.1% ad valorem
  • China is 90.6% ad valorem

Expiry of anti-dumping duty

The anti-dumping duty on welded tubes and pipes from Belarus and China, given effect to by this public notice, ceases to apply on 30 January 2026.

The TRA will notify interested parties of the expiry of the anti-dumping duty in sufficient time to allow an interested party to make an application for an expiry review.

Revocation of anti-dumping duty on welded tubes and pipes from Russia

The anti-dumping duty on welded tubes and pipes from Russia given effect to by was revoked on 30 January 2021 by Taxation notice 2021/08.

The anti-dumping duty on welded tubes and pipes from Russia continued to apply in accordance with until 9 August 2021 (the day the Secretary of State published this public notice). This is in accordance with .

Background to the anti-dumping duty

The anti-dumping duty on welded tubes and pipes from Belarus, China, and Russia was imposed by the European Union on behalf of the UK and the other member States. The Secretary of State subsequently determined that the anti-dumping duty would be transitioned to continue applying in the UK at the end of the transition period ().

The anti-dumping duty was duly transitioned at 11pm on 31 December 2020 by public notice under () to apply until 30 January 2021. However, in accordance with , the anti-dumping duty continued to apply in accordance with until 9 August 2021 (the day this public notice was published).

Summary of the transition review

The Trade Remedies Investigations Directorate (TRID), the predecessor to the聽TRA, started the transition review on behalf of the Secretary of State. From 1 June 2021, the review was continued by the聽TRA聽(in accordance with ).

TRID聽and the聽TRA聽conducted the transition review in accordance with .

TRID/TRA聽considered whether the application of the anti-dumping duty was necessary or sufficient to offset the dumping in the UK of welded tubes and pipes from Belarus, China, and Russia.聽TRID/TRA聽also considered whether injury to UK producers of welded tubes and pipes were likely to occur if the anti-dumping duty was no longer applied.

One domestic producer of welded tubes and pipes, one downstream user, one trade body, one trade union, six overseas exporters, and two domestic importers registered an interest in the transition review.

TRID/TRA聽also contacted additional downstream users of welded tubes and pipes. There are a large number of downstream industries and importers, but limited data was available on those businesses.

TRID/TRA聽did not consider it likely that downstream industries or consumers would be significantly affected whether the anti-dumping duty were varied or revoked. Importers may however benefit if the anti-dumping duty were revoked.

TRID/TRA聽based its consideration of whether the anti-dumping duty was necessary or sufficient on a range of data provided by the domestic producers and exporters.聽TRID/TRA聽also considered information from other interested parties.

Following the likelihood of dumping and likelihood of injury assessments,聽TRID/TRA聽concluded that the anti-dumping duty on welded tubes and pipes from Belarus and China should be narrowed.聽TRID/TRA聽also concluded that welded tubes and pipes from Russia were unlikely to be dumped into the UK and that anti-dumping duty on welded tubes and pipes from Russia should be removed.