Commercial Information Circulars

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Ref : EIC 111/3/10/1

19 June 2012

Dear Sirs,

Commercial Information Circular No. 464/2012

US : Change in Methodology for Calculation of Export Price or Constructed Export Price in Anti-dumping Proceedings Involving the Mainland of China and Vietnam

The US Department of Commerce (DoC) published in the Federal Register (FR) of 19 June 2012 a notice announcing a methodological change to reduce export price or constructed export price by the amount of export tax, duty or other charge in anti-dumping (AD) proceedings concerning certain non-market economies (NMEs). The FR notice is available at: http://www.gpo.gov/fdsys/pkg/FR-2012-06-19/pdf/2012-14964.pdf.

DETAILS

2.The trade was informed via Commercial Information Circular No. 76/2011 of 28 January 2011 regarding DoC's proposal on the change in methodology. After considering comments received, DoC is adopting a new methodology in AD duty investigations and administrative reviews involving products from the Mainland of China and Vietnam.

3. Major aspects of the change in methodology are as follows:

• DoC will determine whether as a matter of law, regulation or other official action, the NME government has imposed an export tax, duty or other charge upon export of the subject product.

• Provided that the NME government imposed an export tax, duty or other charge on the subject product, from which the respondent was not exempted, DoC will reduce the respondent's export price and constructed export price accordingly by the amount of the tax, duty or charge paid but not rebated.

4.The change will apply to NME proceedings involving products from the Mainland of China and Vietnam initiated after publication of the above-mentioned FR notice (i.e. 19 June 2012).

ENQUIRIES

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

Yours faithfully,

(Miss Cindy LAU)
for Director-General of Trade and Industry