Displaying items by tag: Duty
The Gambia: The Gambian government has released over 300 truckloads of imported cement held at the Senegal border at Farafenni. The Ministry of Trade, Industry, Regional Integration and Employment described the move as a one-time measure intended to alleviate the backlog caused by a rise in import duties, by a factor of six, to US$2.66/bag. The Cement Importers and Traders Association (CITA) welcomed the release of the cement, citing concerns over a possible shortage.
Cemex sells in the Philippines
01 May 2024Cemex announced this week that it is preparing to sells its operations in the Philippines to a consortium comprising Dacon, DMCI Holdings and Semirara Mining & Power. Rumours of the divestment first started to appear in the media in February 2024.
The main part of the deal covers Cemex’s cement subsidiaries, APO Cement and Solid Cement, which have been valued at an enterprise value of US$660m. However, this becomes confusing because the actual selling price is the enterprise value minus the net debt and adjusted for the minority shareholding of one of the parent companies, Cement Holdings Philippines (CHP). The deal also includes the sale of a 40% stake in APO Land & Quarry and Island Quarry and Aggregates. Based on a press release issued by CHP to the Philippine Stock Exchange, the actual cost of the divestment appears to be around US$305m. It is hoped that the divestment will complete by the end of 2024 subject to regulatory approval from the Philippines Competition Commission and other bodies.
Cemex entered the market in 1997 when it acquired a minority stake in Rizal Cement. It then built the business up to a cement production capacity of 5.7Mt/yr from its two main integrated plants, the Solid Cement plant in Antipolo City, Rizal and the APO Cement plant in Naga, Cebu. However, CHP has endured a hard time of late, with falling annual operating earnings before interest, taxation, depreciation and amortisation (EBITDA) since 2019 and falling net sales in 2022 and 2020. The bad news continued into 2023, with net sales falling by 17% year-on-year to US$300m in 2023 from US$356m in 2022. It reported a loss of US$35m in 2023, double that of 2022. The company blamed the fall in sales on lower volumes. It noted that prices were also down and energy costs had grown.
The three companies buying CHP are all controlled by the Consunji family so effectively DMCI Holdings is acquiring Cemex’s operations in the Philippines. The group focuses on construction, real state, energy, mining and water distribution. It previously announced in the late 2010s plans to build one integrated cement plant on Semirara and three cement grinding plants at Batangas, Iloilo and Zamboanga but these plans didn’t seem to go anywhere. Later it was linked to the proposed Holcim Philippines sale in 2019, although the subsidiary of Holcim eventually gave up on the idea.
This latest attempt to enter the cement business underlines DMCI Holdings’ intent and the group has immediately started saying what it plans to do next. In a statement chair and president Isidro A Consunji admitted that cement demand in the country was ‘soft’ but that it is expected to rebound due to the Build Better More national infrastructure program and an anticipated fall in internet rates. Consunji added, “We recognise CHP's operational and financial issues, but we are positive that we can turn it around by 2025 because of its ongoing capacity expansion and the clear synergies it brings to our group.” He was also keen to play up that CHP is currently building a new 1.5Mt/yr production line at its Solid Cement plant with commissioning scheduled by September 2024. DMCI plans to reduce CHP’s costs through various synergies including supplying it coal, electricity and fly ash from Semirara Mining & Power.
The acquisition of CHP by DMCI Holdings is the biggest shake-up in the local cement sector in a while. DMCI has long harboured ambitions in heavy building materials and now it’s close to becoming a reality. As evidenced by its statements following the official announcement of the deal it is already thinking ahead publicly to soothe shareholder concerns. What will be interesting to watch here is whether it can actually pull it off and whether it will face trouble from imports. Readers may recall that the Philippines cement sector has long battled overseas imports, particularly from Vietnam. Despite anti-dumping tariffs though the Cement Manufacturers Association of the Philippines (CEMAP) warned in January 2024 that workers could be laid off due to continued competition from imports. Good luck to DMCI.
Vietnamese cement sales to rise in 2024
02 February 2024Vietnam: Financial management company SSI Securities Corporation says that it expects Vietnam’s cement consumption to ‘bottom out’ in the first quarter of 2024, before recovering ‘gradually’ throughout the rest of the year. Việt Nam News has reported that the anticipated recovery is the outcome of intensified investments in infrastructure by the Vietnamese government, beginning in late 2023. The cement sector also anticipates growing demand from export markets, including Australia, the US, Africa and South and Central America, as it lowers its reliance on exporting to China. Challenges persist in the form of protective measures or stricter standards in other markets, including the Philippines and Europe.
As Lafarge Cement Syria's Jalabiyeh cement plant burns again, survivors of ISIS still await justice
17 January 2024This year will mark the 10th anniversary of the Yazidi genocide in Sinjar, Iraq. Beginning on the night of 2 - 3 August 2014, ISIS displaced the entire Yazidi population from its homeland, amid a campaign of abductions and killings that claimed 12,000 victims.1 A striking detail of this and other crimes of the self-proclaimed caliphate is the proximity of a Western corporate actor: cement producer Lafarge, whose subsidiary Lafarge Cement Syria operated the Jalabiyeh cement plant in neighbouring northern Syria. On-going investigations have since helped uncover what may amount to complicity on the part of Lafarge and Lafarge Cement Syria in the form of payments dating back to August 2013.2
In a week that began with the abandoned Jalabiyeh cement plant ablaze following a drone strike,3 Lafarge learned that it will face trial in France over its alleged complicity in crimes against humanity committed by ISIS.4 On 16 January 2024, the French Court of Cassation upheld Lafarge and Lafarge Cement Syrias' indictments on the charge. Also reportedly indicted are (all former) Lafarge CEOs Bruno Lafont and Eric Olsen, vice president Christian Herrault and security director Jean-Claude Veillard and Lafarge Cement Syria CEOs Bruno Pescheux and Frédéric Jolibois, along with an intermediary and a Jordan-based risk management consultant.5, 6 The collaboration in question includes monthly payments to ISIS and other armed groups worth US$15.5m, a lower French court found in May 2022. It may be more than another 20 months before the thorny mass of issues to be considered by the court resolves itself in convictions, or cleared names.
Another front in Lafarge and Lafarge Cement Syria's legal battle over what happened in Syria is the US civil court system. Activist and survivor Nadia Murad and 426 other Yazidis have filed an Anti-Terrorism Act claim for damages, based on the companies' previous guilty plea to the US Department of Justice to conspiracy to the tune of US$5.92m in October 2022. Murad and fellow claimants allege ‘far higher’ total payments, pointing to correspondence between Lafarge Cement Syria and its intermediary that references ‘[sic] ten millions that we pay directly to them, i.e. to ISIS.’ The DoJ estimates the total value of the conspiracy for all parties at US$80.5m.
On 6 August 2014 (the fourth day of the Yazidi genocide), Lafarge and Lafarge Cement Syria signalled their agreement to enter into a new long-term agreement to share their revenues with ISIS. On 15 August 2014, the UN Security Council issued Resolution 2170 condemning 'any engagement in direct or indirect trade' with the organisation.7 Lafarge and Lafarge Cement Syria allegedly concluded the revenue-sharing agreement, under new terms more beneficial to ISIS, on that same day.
Lafarge Cement Syria finally evacuated the Jalabiyeh cement plant in September 2014, whereupon ISIS added it to its own five-plant international cement network, with sales worth US$583m/yr. The US-led Coalition bombed the site in October 2019 and it was subsequently occupied by Kurdistan Workers’ Party (PKK) forces. The strike on 14 January 2024 was part of a drone campaign by Turkish forces against Kurdish positions that the invaders say destroyed 23 targets.
It is conceivable that Turkish armed forces also had personal reasons for destroying this monument to Lafarge’s former presence in the region: on Lafarge’s stipulation, ISIS implemented a duty on Turkish cement entering its area of control, ostensibly charged at US$150/truck. As anyone familiar with the Turkish cement sector knows, one of the major investors in the industry happens to be the country’s military pension fund.
For the 400,000 Yazidis who have survived, the tragedy that began in August 2014 will not end soon. More than half remain in refugee camps. Among the missing are 2000 girls and women who the International Centre for Counter-Terrorism suspect ISIS may have 'further entrenched in human trafficking,' constituing a continuation of the genocide that has outlasted both the self-proclaimed caliphate and the French multinational that may have helped to bankroll it.8 Courts in different countries are helping bring to light a reign of terror that spanned international borders. In the US, some of its victims may find redress, while in France, justice may be closing in on anyone who might prove to have made common cause with the perpetrators.
References
1. RASHID, 'DESTROYING THE SOUL OF THE YAZIDIS,' Augut 2019, https://www.rashid-international.org/downloads/RASHID_Yazidi_Heritage_Destruction_Report_2019.pdf
2. Jenner & Block, 'IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK,' 14 December 2013, www.jenner.com/a/web/fy85Wd97fANx7fwBecn31r/23-9186-as-filed-complaint2.pdf
3. ANHA, 'Turkish occupation army targets former Lafarge site,' 14 January 2024, https://hawarnews.com/en/turkish-occupation-army-targets-former-lafarge-site?__cf_chl_tk=mSB3Ph6iU.3FEJ.Z3ywRvcu2n.tOahhpLnd.Fmqk0SU-1705415232-0-gaNycGzNDHs
4. Reuters, 'Lafarge can be charged with 'complicity in crimes against humanity' over Syria plant, French court says,' 16 January 2024, https://ca.news.yahoo.com/lafarge-charged-complicity-crimes-against-132904436.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAANqF5SKpSZ7KB5rT5rjo_vFZ5LGdZ9bVkC5SeNw3iZGneLy5Tir2dsb1O3GQjITBRSF_xEs2GDBcSU94nKOocm-npnTznmbfhKB_FgOsBCg-9lO7ilPP2phHAcGahghG9yjmFoWVd24uU7xEwZ2RZqmmMaE2bSIIcTGRuh4LAlXD
5. Madeline Young, Lafarge's Case Cemented, 2021, https://scholarlycommons.law.emory.edu/cgi/viewcontent.cgi?article=1032&context=eilr-recent-developments
6. Le Télégramme, 'Complicité de crimes contre l’humanité : les poursuites contre Lafarge validées par la Cour de cassation?' 16 January 2023, www.letelegramme.fr/france/complicite-de-crimes-contre-lhumanite-les-poursuites-contre-lafarge-validees-par-la-cour-de-cassation-6505590.php
7. UN Security Council, 'Security Council Adopts Resolution 2170 (2014) Condemning Gross, Widespread Abuse of Human Rights by Extremist Groups in Iraq, Syria,' 15 August 2014, https://press.un.org/en/2014/sc11520.doc.htm#:~:text=Through%20the%20unanimous%20adoption%20of,as%20ISIS)%20and%20Al%2DNusra
8. Al-Dayel et al, ‘ISIS and Their Use of Slavery,’ 27 January 2020, https://www.icct.nl/publication/isis-and-their-use-slavery
South Korea/Egypt: The South Korean government’s 72% ‘anti-dumping duty’ on imports of white cement from Egypt entered force on 17 November 2023. Yonhap English News has reported that the measure will remain in force for four months, until 17 March 2023.
Egypt exported 9240t of white cement to South Korea in 2022, up by a factor of nine from 2021 levels.
Ukraine suspends anti-dumping duty on Moldovan cement
09 October 2023Moldova: The Ministry of Economic Development and Digitalisation has announced that Ukraine will cancel an existing anti-dumping duty on imports of Moldovan cement until 31 December 2023. Ukraine announced the move following constructive discussions held during a meeting of the co-chairs of the Moldovan-Ukrainian intergovernmental commission on trade and economic cooperation held in Odesa, according to Interfax-Ukraine.
Moldovan Minister of Economic Development and Digitalisation Vadim Humene insisted that Ukraine cancel the anti-dumping duty so that Moldova did not have to ‘initiate trade defence processes’ regarding products that Moldova imports from Ukraine.
In addition to the temporary removal of the anti-dumping duty, the two countries expressed their readiness to help remove barriers to trade and simplify border controls to optimise the flow of goods, review environmental duties and ensure transparent, uniform application of legislation by both countries.
Egyptian white cement attracts new South Korean anti-dumping duties
21 September 2023South Korea/Egypt: The South Korean government plans to implement a 72% import duty on white cement from Egypt. Yonhap News has reported that the Korea Trade Commission (KTC) recommended the duty as an anti-dumping measure, following its investigation into the impacts of Egyptian imports on the South Korean white cement industry. This consists of Union Corporation’s 200,000t/yr Chongju white cement plant in North Chungcheong.
South Korea consumed 100,000t of white cement in 2022. Egyptian white cement commanded a 10% (10,000t) market share. The domestic cement industry complained to the KTC against Royal El Minya Cement and Albatros International Cement Trading in March 2023. An additional probe will now follow to assess the correct rate for the duty.
Kenya: Parliament's Finance and National Planning Committee has rejected a petition from the Kenya Association of Manufacturers (KAM) for the removal of the 10% customs duty on imports of clinker. Business Daily News has reported that KAM member Rai Cement said that the duty will force cement plants to shut due to high costs. The committee, however, concluded that the levy aims to encourage local manufacturing, promote exports and create jobs for Kenyans.
National Cement, which operates the 1.95Mt/yr Kajiado cement plant in Merrueshi-Mbirikani, opposed the KAM line by submitting its own petition for an increase in the clinker import duty to 25%.
Update on Bangladesh, June 2023
14 June 2023Cement producers in Bangladesh received a surprise at the start of June 2023 when the government budget proposed increasing the duty on imported clinker. The Bangladesh Cement Manufacturers Association (BCMA) reacted this week by calling for the duty on clinker to be reduced, while also calling for the same for a non-adjustable advance income tax (AIT) applied to associated imports and sales.
During a press conference, reported upon by the Financial Express newspaper and other media, BCMA president Alamgir Kabir said that the customs duty on key raw materials for the sector had previously been around 5% of the import value. However, he argued that the new suggested increased tariff was “disproportionate” because it placed the burden at 12 - 13%. He urged the government to treat the cement sector as a "priority sector" given that it was facing higher prices generally due to the aftermath of the Covid-19 pandemic, the energy shocks from the Russian invasion of Ukraine and negative currency exchange effects.
The BCMA’s latest lobbying call may sound familiar because it follows a similar battle against import charges from late 2022. A supplementary duty was introduced in November 2022 when the National Board of Revenue (NBR) changed the way limestone was coded in response to a significant increase in imports from 2020. At the time, the price of limestone imports reportedly nearly doubled. The BCMA may have won this battle because in March 2023 the NBR withdrew its supplementary duty. It did require that importers submit to further scrutiny including an updated Import Registration Certificate and various tax related requirements.
The timing of the NBR’s decision to relax the limestone duty is telling given that the previous month or so six of the country’s seven publicly listed cement producers reported either falling profits or losses for the second half of 2022 or the year as a whole. Only LafargeHolcim Bangladesh bucked the trend with an increase year-on-year in its annual profit after tax in 2022, although it attributed this to 95% volume growth in its aggregates business.
As discussed previously a characteristic of the cement sector in Bangladesh is that the country has no domestic limestone reserves. It all has to be imported. Arusha Ahmed Khan, Shun Shing Group presented a summary of the national industry at the Global Slag Conference that took place in early June 2023 in Düsseldorf. The country has two integrated cement plants and 36 grinding mills operated by 31 companies with a total capacity of 84Mt/yr. At present around 14Mt/yr of new cement grinding production capacity is planned by UK Bangla Cement, MI Cement, Confidence Cement and Dubai Bangla with commissioning dates expected from mid-2023 to mid-2025. Khan revealed that the government switched from British to European standards in the early 2000s leading to a high level (95%) of blended cements on the market. Use of slag cements has grown as more producers commission vertical roller mills and more uptake of slag and other blended cements using secondary cementitious materials (SCM) is expected in the future.
A key vulnerability for a grinding-heavy cement sector, like the one in Bangladesh, is any burden on imports such as logistic costs, currency exchange effects and government tariffs. Sure enough each of these examples has been reported locally. The government says that its proposed higher import tariff on clinker is the first such change in a decade. Cement producers have reacted, predictably, in a negative manner. Whether the authorities go ahead with the planned increase and how well the cement sector could absorb it remains to be seen. There may never be a good time for a tax rise but the BCMA has been able to present the current period as being especially bad.
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Bangladesh: The Bangladesh Cement Manufacturers Association (BCMA) has called for a 60% cut to duties on clinker imports, to US$1.84/t from US$4.61/t. The Financial Express newspaper has reported that BCMA members are struggling with high shipping costs and supply issues due to Russia’s war in Ukraine.
The Bangladesh government published plans to raise the duty on imports of clinker by 40% to US$6.46/t in its 2023 budget on 13 June 2023.