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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

Ref : CR EIC 230/2/3/1/13 & EIC 230/2/3/2/13

24 May 2002

Dear Sirs,

Commercial Information Circular No. 100/02

European Union (EU)* :Application for Review ofAnti-dumping Measures in Force

The European Commission (EC) invites exporting producers, whose exports to the EU are subject to existing anti-dumping (AD) measures and consider the measures should be reviewed in the light of a ruling of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO), to request for review of the measures in question. The details are set out in the Official Journal appended (pdf format) to this Circular.

DETAILS

  1. In March 2001, the DSB of the WTO concluded in the case of "European Communities - anti-dumping on imports of cotton-type bed linen from India" that some methodologies used by the EU to calculate dumping were not in line with the WTO AD Agreement. Given EU's other existing AD measures may also be based on the methodologies found to be incompatible with the WTO rules, the EC has decided to invite exporters in third economies to request reviews of the AD measures.

  2. The exporters concerned may lodge a written application for a review of the AD measures. The application shall -

    1. show that the AD measure in question is based on one or both of the following methodologies for calculation of the level of dumping :

      • a weighted average dumping margin established on the basis of a methodology which included zeroing negative dumping margins for certain modes/types of product; or

      • selling, general and administrative expenses and profit were determined on the basis that sales not made in the ordinary course of trade were excluded from the calculation, or data for only one exporter were included in the calculation.

    2. contain information relevant for the determination of dumping including information on normal values, export prices and comparison. Such information should normally cover the last six months prior to the publication of the EC's present notice, i.e. 8 May 2002.

  3. Interested exporting producers may request an application form from or send their completed application for a review to- 

    European Commission
    Directorate-General for Trade
    Directorates B and C
    TERV -0/13
    B-1049 Brussels
    Fax : (32-2) 295 6505
    Telex : COMEU B 21877.

  4. The EC will process the applications for reviews within a reasonable period of time and will publish a notice of initiation of such reviews for those exporting producers who have submitted a duly substantiated application. Any measures adopted consequent to the review investigations will not have retroactive effect.

ENQUIRIES

  1. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5351.

 

Yours faithfully,

 

(Thomas CHEUNG)

for Director-General of Trade and Industry

* : The EU Member States are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom.



Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.