Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
16 September 2004
Dear Sirs,
Commercial Information Circular No. 229/2004
European Union (EU) Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Integrated Electronic Compact Fluorescent Lamps (CFL-i) Originating in the Mainland of China by Imports of the Same Products Consigned from Vietnam, Pakistan or the Philippines, Whether Declared as Originating in Vietnam, Pakistan or the Philippines or Not
Further to Commercial Information Circular No. 84/2004 of 30 March 2004, 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 integrated electronic compact fluorescent lamps (CFL-i) originating in the mainland of China by imports of the same products consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not. The Regulation also requires imports of CFL-i consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines 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 | : | 10 September 2004 |
| (b) Product Coverage | : | Electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot, normally declared under CN code ex 8539 3190 (TARIC code 8539 31 90*91) (this CN code is 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 Vietnam, Pakistan, the Philippines, and the mainland of China, importers and the associations of importers in the Community which co-operated in the investigation that led to the existing measures or which are listed in the request, and to the authorities of the mainland of China, Vietnam, Pakistan and the Philippines. Interested parties which have not received the questionnaire should request a copy from the Commission within 15 days from 10 September 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 10 September 2004, unless otherwise specified. All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, email address, telephone and fax, and/or telex numbers and should be sent to the following address :
European Commission |
| (d) Registration of Imports | : | With effect from 11 September 2004, imports of CFL-i consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not, are subject to registration by the EU's customs authorities. The registration shall expire nine months from 11 September 2004. Should the investigation result in findings of circumvention, anti-dumping duties imposed on imports of CFL-i originating in the mainland of China can be levied retrospectively to the imports of the same products consigned from Vietnam, Pakistan or the Philippines 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 10 September 2004, unless otherwise specified. |
BACKGROUND
- Definitive anti-dumping duty on imports of CFL-i originating in the mainland of China has been imposed since 20 July 2001. The rate of duty is 66.1% of the net, free-at-Community-frontier price before duty (except for eight companies with individual duty rates ranging from 0% to 59.5%). On 16 August 2004, the Lighting Industry and Trade in Europe (LITE) complained that the anti-dumping measures on imports of CFL-i originating in the mainland of China were being circumvented by means of transhipment via Vietnam, Pakistan or the Philippines and/or by assembly in Vietnam, Pakistan or the Philippines of the products concerned. On the basis of the complaint, the Commission has initiated the present circumvention investigation.
ENQUIRIES
- 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.