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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/3/10/1

17 December 2010

Dear Sirs,

Commercial Information Circular No. 589/2010

US : DoC's Policy Bulletins related to the Trade Law Enforcement Initiative

The US Department of Commerce (DoC) has posted on its website three Policy Bulletins in conjunction with the Trade Law Enforcement Initiative (TLEI). Details of the TLEI, including the Policy Bulletins, can be found at the website of the DoC at http://ia.ita.doc.gov/tlei/index.html. 

DETAILS

  1. Traders have been informed via Commercial Information Circular No. 389/2010 that, in support of the US President Obama's National Export Initiative (NEI), the DoC has announced a Trade Law Enforcement Package covering 14 proposals to strengthen the administration of the trade remedy laws of the US, including the antidumping (AD) and countervailing duty (CVD) laws. 
     

  2. The DoC has recently released three Policy Bulletins, each intended to address one of the 14 proposals. They include:

  1. Policy Bulletin 10.1 "Specificity of Subsidies provided to State-owned Enterprises"– 

    confirms DoC's current practice with respect to the treatment of state-owned enterprises (SOEs) in CVD cases, in which SOEs are considered a "group" of enterprises, generally allowing any subsidy provided to them to be deemed "specific". 
     

  2. Policy Bulletin 10.2 "Inclusion of International Freight Costs when Import Prices constitute Normal Value"– 

    clarifies and reiterates DoC's current practice in non-market economy (NME) AD proceedings with regard to the inclusion of international freight and foreign brokerage and handling charges to the import value in cases where the surrogate country import statistics does not include international freight costs. 
     

  3. Policy Bulletin 10.3 "Factor of Production Reporting Requirements for Non-market Economy Companies with Multiple Facilities and/or Production processes/lines"– 

    affirms DoC's current practice that requires companies to report production inputs for merchandise produced at each of their facilities during AD investigations and reviews involving NME countries, not just those facilities that produce merchandise destined for the US. 

Traders are advised to refer to the above-mentioned website for details of the Policy Bulletins as well as other proposals under the TLEI.

ENQUIRIES

  1. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,




(Miss Carmen CHAN)

for Director-General of Trade and Industry