Anti-Dumping Duties on Tires under ‘America First’

Published in UDN
(Taiwan) on 4 January 2021
by Hsin-Chang Lu (link to originallink to original)
Translated from by Pinyu Hwang. Edited by Elizabeth Cosgriff.
After a year that was overshadowed by the dark clouds of the pandemic, just as countries around the world were about to wave goodbye to the last business day of last year, the U.S. secretary of commerce released a message saying that anti-dumping duties would be imposed on light truck and passenger car tires produced in Taiwan, Korea, Thailand and Vietnam.

Previously, due to allegations of exchange rate subsidies in early November of last year, Vietnam was found to be subsidizing [the tires] by about 10%. From now on, tires imported from Vietnam will require a deposit charge for countervailing duties when they are cleared at the border. Last February, the Department of Commerce announced it would take retaliatory measures against countries with undervalued exchange rates that are suspected of subsidizing their industries. This investigation is the first of its kind in history.

Outgoing Commerce Secretary Wilbur Ross held a press conference where he reiterated his "America First" position of ensuring a level playing field for U.S. manufacturers and workers. As the final blow before the end of the Donald Trump regime, the potential cost to Taiwanese manufacturers from the Commerce Department’s anti-dumping tax decision on tires is also the highest. The preliminary anti-dumping rates are as follows: Cheng Shin Rubber Industry Co., 52.4%; Nankang Rubber Tire Corp. Ltd., 98.4%; other Taiwanese tire manufacturers, 88.8%.

With the transition of power underway, the Commerce Department is investigating hundreds of cases it has accumulated. The underlying political plot of of such a year-end press conference is self-evident. The Commerce Department is expected to announce the final decisions on this dumping case on May 14. Once this is established, the International Trade Commission will also begin its investigation into actual injury to U.S. domestic industries, and will announce its final determination on June 28. Unless either party's investigation finds a contrary result or that there is no detriment to U.S. manufacturers and workers, the Commerce Department will issue a formal administrative enforcement order for anti-dumping duties in accordance with the findings and its statutory authority.

According to Commerce Department records, there are approximately 540 anti-dumping and anti-subsidy cases in progress, and the number of new investigations initiated during the Trump administration is three times higher than that during former President Barack Obama's term. The same is true for the countervailing duty process; if both of the aforementioned authorities make an affirmative determination, the Commerce Department will issue a countervailing duty levy order against Vietnam.

Since Taiwanese companies have factories on both sides of the Taiwan Strait and in Southeast Asia, we urge the Bureau of Foreign Trade of the Ministry of Economic Affairs (of Taiwan) invite the relevant associations to discuss and assist industry members in a collective integration effort in order to respond to the U.S. investigation. In addition, it should also assist industry members in understanding the process of anti-dumping investigations in other East Asian regions or countries. We could even take the initiative and cooperate with other countries in opposing U.S. administrative procedures by examining the sources of information and identifying actual price differentials in order to obtain favorable results that can still be guaranteed by our manufacturers when deploying production overseas.

Admittedly, the development strategy of Taiwan's commercial sector, the vision of moving toward private branding and entering the supply chain of major automobile manufacturers, is more than necessary. Especially in this time of U.S. dollar depreciation, in order to completely free ourselves from the dilemma of being collectively targeted by anti-dumping taxes, it is essential for us to break away from our image of cheap prices, and unravel our entanglement in the automotive aftermarket as soon as possible.





於新冠疫情一年下來的烏雲壟罩,正當全球國家要揮別之際,就在去年年底的最後一個上班日,美國商務部(U.S. Secretary of Commerce)發布訊息,將對台、韓、泰與越南所生產的「客車與輕卡輪胎,(light truck & passenger tires) 」,初判要課徵反傾銷稅。

此前,基於涉嫌有做匯率補貼的指控,越南另於去年十一月初,被判定課取一成左右的防衛稅;自即日起來自越南進口輪胎在邊境通關時,開始收取反補貼稅的繳交押金。於去年二月份,商業部宣布要對匯率低估國家,但凡有涉嫌進行產業補貼的,採取報復措施。這一起調查,也是有史以來的頭一遭。

於記者會上,即將卸任的商務部長羅斯 (Wilbur Ross) 先生,再次重申了「美國第一」的立場,就是要確保美國廠商和製造業勞工,都可以享有公平競爭的市場環境。川普政權落幕前的臨別一擊,商務部輪胎反傾銷初判結果,台灣廠商的潛在代價,也是最高;初判的反傾銷稅率分別為:正新橡膠,52.4%;南港輪胎,98.4%;其他台灣輪胎廠的反傾銷稅率,則為88.8%。

由於政權交接在及,更何況商務部手中累積的調查案件也有上百件;這樣的年終記者會,其潛在的政治算計,不言可喻。預計在今年5月14日,商務部將公告本傾銷案的最後認定。一旦確立之後,國際貿易委員會也將著手調查美國國內產業的實質損害,並於6月28日公告其最後判定。除非這兩起的機關調查,有任一方得出了相反或是無害於美國廠商與勞工的認定;否則商務部即會依照結果和法定職權,正式發布反傾銷稅的行政執行命令。

根據商務部的歷史檔案,目前仍在執行當中的反傾銷、反補貼案件,總計有540件之多;而在川普任內所發動的新調查案件,相較於歐巴馬前總統,也有三倍高。至於反補貼稅的確認程序,大抵也如此;倘上述兩機關皆作成認定,商務部就會對越南發出反補貼稅的課徵命令。

由於台灣業者在兩岸與東南亞等地,都有設廠生產,籲請經濟部國貿局在邀集相關公會研商,以協助業者做集體整合,好因應後續的美方調查;之外,於其他東亞地區或國家所遭逢的反傾銷調查,也應協助業者明瞭其過程。甚至是主動出擊,串連其他國家針對美國行政程序,逐一檢視其資訊來源與價差的實質認定,以爭取我方廠商在海外做生產調配,仍能保證的有利結果。

誠然,台灣傳產業者的發展策略,走向自有品牌和打入汽車大廠供應鏈的願景,更必須有。尤其在美元貶值已成為事實,儘早擺脫低價形象和減少在汽車售後市場的糾纏,才能徹底脫離持續被點名傾銷的集體困境。
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