Displaying items by tag: Legal

Cement imports were one of the themes in this week’s news, with stories on the topic from South Africa and Ukraine. The former concerned the latest chapter in that industry’s saga on slowing down imports. The International Trade Administration Commission (ITAC) has started a review on tariffs imposed on cement from Pakistan that were introduced in 2015.

Local producers in South Africa have experienced mixed fortunes since 2015, such as PPC and AfriSam’s failed merger attempt or the introduction of a local carbon tax, and were starting to complain again about imports even before the effects of coronavirus in 2020. This led the Concrete Institute to lobby ITAC in 2019 about rising imports from other nations, principally Vietnam and China.

Back in 2013 cement imports from Pakistan to South Africa were 1.1Mt. This represented the vast majority of all imports to the country. Tariffs of 14 – 77% were imposed on Pakistan-based exporters in mid-2015, initially for six months, but this was then extended. Roughly a year later in mid-to-late 2016, Sephaku Holdings said that imports of cement had ‘significantly’ declined on a year-on-year basis, particularly from Pakistan. By the end of June 2016 approximately 0.16Mt had been imported compared to 0.5Mt in the previous period. However, it noted that 75% of the volume was from China. Since then imports started to creep up. Cement imports reportedly rose by 84% year-on-year in 2018 and then by 11% in 2019. Data from construction industry data company Industry Insight suggests that Vietnam accounted for 70% or 0.47Mt of the 0.68Mt of cement imported into South Africa in the first nine months of 2020. The remaining 30% or 0.20Mt came from Pakistan. In this kind of environment it seems unlikely that ITAC will do anything other than extend tariffs.

Meanwhile in the northern hemisphere, in Ukraine this week a court in Kiev dismissed a challenge by the Belarusian Cement Company to remove cement import tariffs from Russia, Belarus and Moldova that were introduced in mid-2019 for five years. Notably, a law firm representing Dyckerhoff Cement Ukraine, HeidelbergCement Ukraine, Ivano-Frankivsk Ukraine and CRH subsidiary Podilsky Cement commented favourably upon the court’s decision to uphold tariffs. These producers form UKRCEMENT, the association of cement producers of Ukraine. However, the association doesn’t include Russia-based Eurocement, which operates Ukraine’s largest cement plant at Balakleya. Relations have been poor between Russia and Ukraine since a war between the countries that started in 2014. So any trade tariffs implemented upon Russia and/or Commonwealth of Independent States (CIS) members will inevitably carry the whiff of geopolitics. Yet, in Ukraine’s defence, it also started an anti-dumping investigation into cement imports from Turkey in September 2020. Nationalism may be relevant but let’s not discount hard-nosed economics just yet.

Turkey’s involvement in Ukraine leads to last week’s presentation at Global Cement Live by Sylvie Doutres, DSG Consultants on cement and clinker trade in and out of the Mediterranean region. Readers can watch the presentation here but the headline story here was the trend of reducing exports away from southern European countries such as Spain, Italy and Greece, to greater exports from North African countries and Turkey over the last decade. Turkey particularly has pushed its share of exports even more in 2020 despite (or perhaps because of) a tough domestic market. The general trend here away from southern Europe has been blamed on European Union-based (EU) producers becoming less competitive often against newer plants in nearby countries.

Battles between producers and government tariff policies are a perennial feature of any market in commodities such as cement. The ebb and flow of import and export markets cover many factors including production costs, distribution networks, tariff structures and more. Distinctive features of cement trading, for example, are the high cost of transporting heavy building materials over land and the world’s chronic cement production overcapacity. In the EU’s case one reason that often gets blamed is the emissions trading system (EU ETS) and the mounting cost it is imposing upon cement production. For example, today’s story that Holcim España wants to convert its integrated Jerez plant into a grinding unit has been blamed on falling exports and a reduction in ETS credits. It is noteworthy then that the EU ETS rate breached the Euro30/t level in December 2020. This may be good news for the sustainability lobby but the exodus of exports away from Southern Europe tells its own story. What form the EU ETS carbon border adjustment mechanism takes as part of the EU Green Deal will be watched closely by producers both inside and outside the EU.

Global Cement Live continues on 21 January 2021 with Kevin Rudd, Independent Cement Consultants, presenting 'Independent or third party factory acceptance testing of major cement plant equipment and critical spare parts and the challenges of Covid’

Pakistan: Cement producers including DG Khan have filed pleas to the Pakistan Supreme Court challenging the Lahore High Court’s ruling in favour of parliament’s right to introduce new competition legislation. The pleas challenge the constitutionality of the Competition Commission of Pakistan (CCP)’s existence, according to the Pakistan Today newspaper. The producers claim that the high court made a procedural error in failing to adjourn during the coronavirus pandemic and a domestic ban on air travel.

Ukraine: The District Administrative Court of Kiev has dismissed Belarusian Cement Company (BCC)’s claim against the government’s Interdepartmental Commission on International Trade for the cancellation of anti-dumping duties on cement. The duties on imported cement are 57% the value of goods from Belarus, 94% from Moldova and 115% from Russia. The commission introduced the tariffs in late May 2019 and they will expire in late May 2024.

The law firm representing third parties Dyckerhoff Cement Ukraine, HeidelbergCement Ukraine, Ivano-Frankivsk Ukraine and CRH subsidiary Podilsky Cement said "The court recognised the need to protect the violated rights of national cement producers in Ukraine from dumped imports of goods to Ukraine.” It added that the imports had caused ‘significant damage’ to national producers.

US: A US court has fined Argos USA US$20m for violations of antitrust rules between 2011 and 2016 with regards to the ready-mixed concrete market. The subsidiary of Columbia-based Cementos Argos subsidiary has admitted to collusion with another ready-mix producer. The US Department of Justice says that the companies coordinated price rises, submitted collusive non-competitive bids to customers, allocated markets in Southern Georgia and elsewhere and charged fuel surcharges and environmental fees.

Argos says the conspiracy was committed by, “a small number of former employees of a small, local sales office” that joined Argos when it acquired another company, according to Reuters. It added that its management “did not participate in or condone the conduct, which was undertaken in contravention of company compliance policies.”

Trinidad & Tobago: Rock Hard Cement says it will close during January 2021 in Trinidad due to alleged changes in government tariffs on imported cement. It hopes to reopen In February 2021, according to the Trinidad & Tobago Guardian newspaper. The company has published advertisements in local media warning of potential price rises of up to 80% in 2021. As well as changes to import costs the cement importer claims that the quantity of imported cement will be restricted to 75,000t/yr. The Ministry of Trade and Industry said it couldn’t comment on the matter as it is currently undergoing legal proceedings.

Mexico: Police have received arrest warrants for three leaders of an alleged criminal network which stole 10,000t of cement from Cooperativa La Cruz Azul. The El Universal newspaper has reported that the accused stole the cement by running a parallel accounting system from within the company. They sold the stolen cement via the company Azul Concretos y Premezclados.

Kenya: A court in Nairobi has reinstated Jacob Omondi Guma as a production manager for the East African Portland Cement Company (EAPCC). It follows the company’s decision to appoint Japheth Ombogo to the position, according to the Business Daily newspaper. The judge annulled the company’s decision on the grounds that it was marked by irregularities and may have been ‘malicious.’ The court ruled that Guma may stay in post until his three-year contract ends in September 2022 unless otherwise lawfully terminated. He was removed from the role in November 2019 after serving for just two months. The cement producer denies the allegations and says it removed him from the post due a lack of qualifications.

Bolivia: A court has annulled a decision ordering Mexico-based Grupo Cementos de Chihuahua (GCC) to pay damages to Compania de Inversiones Mercantiles (CIMSA) for its alleged unlawful failure to grant it a right of preference before selling its 47% stake in Sociedad Boliviana de Cemento (SOBOCE). Global Newswire has reported that the company has announced that it will now take action in the US courts against an unfavourable ruling in October 2020.

Myanmar: Thailand-based Siam Cement Group (SCG) and Pacific Link Cement Industries (PLCI) joint-venture Mawlamyine Cement has suspended production at its integrated cement plant in Kyaikmayaw, Mon State amidst a dispute between its owners. SCG says it has resorted to arbitration to resolve the matter and that PLCA has filed a lawsuit against it. In a statement SCG said that, “MCL continues to work with distributors and customers to alleviate the supply shortage due to the temporary suspension.”

Mexico: 18 people have been injured after representatives of Cemento Cruz Azul and police took control of the integrated 2.2Mt/yr Oaxaca plant in Lagunas. The La Jornada newspaper has reported that Cruz Azul’s directors José Antonio Marín and Víctor Manuel Velázquez entered the plant accompanied by security personnel in fulfilment of a court order before fighting broke out with cooperativist members of the organisation. Police arrested five members of the group, allegedly linked to a criminal organisation, while the Cruz Azul representatives successfully retook control of the plant.

Cooperativists restricted access to the plant in August 2020. The board of directors of Cruz Azul also asserted legal control of its Cementos y Concretos Nacionales (CYCNA) subsidiary cement plants in Puebla and Aguascalientes in September 2020.