Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
12 May 2004
Dear Sirs,
Commercial Information Circular No. 121/2004
European Union (EU)* :Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Certain Ring Binder Mechanisms Originating in the Mainland of China by Imports of the Same Products Consigned from Thailand, Whether Declared as Originating in Thailand or Not
Further to Commercial Information Circular No. 253/2003 of 8 October 2003, the European Commission (the Commission) has published a regulation to initiate an investigation into the possible circumvention of anti-dumping measures imposed on imports of certain ring binder mechanisms originating in the mainland of China by imports of the same products consigned from Thailand, whether declared as originating in Thailand or not. The Regulation also requires imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not, to be subject to registration. A copy of the Regulation is at Annex (pdf format) for reference. Salient points are set out below-
| (a) | Date of Publication of the Regulation | : | 29 April 2004 |
| (b) | Product Coverage | : | Ring binder mechanisms consisting of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on it and which are kept together by a steel cover, opened either by pulling the half-rings or by using a small steel-made trigger mechanism fixed to the ring binder mechanism, and falling within CN code ex 8305 10 00 (TARIC codes 8305 10 00 12 and 8305 10 00 22) (these CN codes are given for information only). |
| (c) | Procedures | : | In order to obtain necessary information for the investigation, the Commission will send questionnaires to exporters/producers and the associations of exporters/producers in Thailand and the mainland of China, importers and the associations of importers in the Community which cooperated in the investigation that led to the existing measures, and to the authorities of the mainland of China and Thailand. Interested parties which have not received the questionnaire should request a copy from the Commission within 15 days from 29 April 2004. All interested parties may make their views known in writing (including submitting questionnaire replies) and apply to be heard by the Commission within 40 days from 29 April 2004, unless otherwise specified. All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, e-mail address, telephone and fax, and/or telex numbers and should be sent to the following address :
European Commission Fax : (32-2) 295 6505 Telex : COMEU B 21877 |
| (d) | Registration of Imports | : | With effect from 30 April 2004, imports of the ring binder mechanisms identified in (b) above, consigned from Thailand, whether declared as originating in Thailand or not, are subject to registration by the EU’s customs authorities. The registration shall expire nine months from 30 April 2004. Should the investigation result in findings of circumvention, anti-dumping duties imposed on imports of certain ring binder mechanisms originating in the mainland of China can be levied retrospectively to the imports of the same products consigned from Thailand with effect from the date of registration of such imports. |
| (e) | Exemption from Registration of Imports or Measures | : | Imports of the products concerned may be exempted from registration or measures if the importation does not constitute circumvention. Producers wishing to obtain an exemption from registration of imports or measures should submit a request duly supported by evidence within 40 days from 29 April 2004, unless otherwise specified. |
BACKGROUND
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Definitive anti-dumping duties on certain ring binder mechanisms originating in the mainland of China have been imposed since 25 January 1997. The rate of duty was revised on 6 October 2000, consequent to the result of an interim review. The current duty rate for mechanisms with 17 and 23 rings is the differences between minimum import price of ECU 325 per 1,000 pieces and the free-at-Community-frontier not cleared through customs price. As for mechanisms other than those with 17 or 23 rings, the current duty rate is 78.8% of the net, free-at-Community-frontier price before duty. The Commission has at its disposal sufficient prima facie evidence that the anti-dumping measures on imports of certain ring binder mechanisms originating in the mainland of China were being circumvented by means of transhipment via Thailand. As such, the Commission has self-initiated the present circumvention investigation.
ENQUIRIES
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For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5351.
Yours faithfully,
(Ricky CHENG)
for Director-General of Trade and Industry
* : The EU includes Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
- 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.