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3
funds, commodity-related Exchange Traded Products, and the mutual fund industry.4 Our
investigation discovered that these funds had put billions in speculative money into U.S.
commodities markets, causing increased price volatility. The investigation indentified the risk
posed to the American economy from unstable prices for materials essential to industry,
including copper.
5
In
January
of
this year, the Subcommittee investigated mutual fund speculation in
commodity markets. Through our investigation we learned that IRS private letter rulings had
allowed mutual funds to use either wholly-owned offshore corporations or financial instruments
called "commodity linked notes" to make unrestricted commodities investments, although the
law restricts them from deriving no more than 10%
of
their income from commodity
investments. These investment strategies permitted a flood
of
billions in new speculative
commodity investments.
6
Copper Market Background. The global copper supply comes either from primary
production through the extraction and processing
of
copper ore
or
from secondary production
through the recycling
of
copper scrap. The supply
of
copper is inelastic,
8
in part because
extraction from old mines is declining and new mine projects have encountered delays.9
COffer is used in vital industries such as the construction, electrical, and electronics
industries.
It
is used to produce cable and wire used in power transmission and generation and
in telecommunication, as well as for pipes used in plumbing and heating.
II
Copper demand
comes from fabricators and manufacturers who create these products and copper is used as an
end product by consumers throughout the world.
The majority
of
the copper produced annually is sold though long-term supply contracts.
While such contracts specify the amount
of
copper to be delivered, price is typically not fixed
until the time
of
delivery, exposing market participants to price uncertainty.
12
Copper prices tend
to experience wide and unpredictable fluctuations.
13
Producers and consumers participate in
4 "Excessive Speculation and Compliance with the Dodd-Frank Act," Opening Statement
of
Senator Carl Levin
before the U.S. Senate Pennanent Subcommittee on Investigations, November 3, 20
II.
sid.
6 "Compliance with Tax Limits on Mutual Fund Commodity Speculation," Opening Statement
of
Senator Carl
Levin before the U.S. Senate Pennanent Subcommittee on Investigations, January 26, 2012.
7 Amendment
No.5
to SEC Fonn S-I Registration Statement for JPM XF Physical Copper Trust, July
12,
20
II,
at
r.
32-34 (hereinafter "Registration Statement").
Inelasticity
of
supply means that an increase
in
the global demand for copper cannot be met with a short-tenn
increase
in
supply.
9 Registration Statement, at p. 32.
10
Id,
at
p.
34.
II
Id., at
p.
31.
12
SEC Notice
of
Filing
of
Proposed Rule Change to List and Trade Shares
of
the JPM XF Physical Copper Trust;
Release No. 34-66816; File No. SR-NYSEArca-2012-28, April 16,2012, at
p.
13
(hereinafter "SEC Notice");
available at http://www.sec.gov/rules/sro/nysearcal20 I
2134-668
I 6.pdf.
13
Registration Statement, at p. 14.
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