Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
15 April 2005
Dear Sirs,
Commercial Information Circular No. 132/2005
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 Lao People's Democratic Republic, Whether Declared as Originating in Lao People's Democratic Republic or Not
Further to Commercial Information Circular No. 4/2005 of 5 January 2005, 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 Lao People's Democratic Republic, whether declared as originating in Lao People's Democratic Republic or not. The Regulation also requires imports of certain ring binder mechanisms consigned from Lao People's Democratic Republic, whether declared as originating in Lao People's Democratic Republic 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 | : | 13 April 2005 |
| (b) Product Coverage | : | Ring binder mechanisms consisting of two rectangular steel sheets or wires with at least four half rings maded of steel wire fixed on it and which are kept together by a steel cover, opened either by pulling the half rings or with 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 13 and 8305 10 00 23). |
| (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 Lao People's Democratic Republic 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 and Lao People's Democratic Republic.
Interested parties which have not received the questionnaire should request a copy from the Commission within 15 days from 13 April 2005. 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 13 April 2005, 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 of the interested party and should be sent to the following address :
European Commission |
| (d) Registration of Imports | : |
With effect from 14 April 2005, imports of certain ring binder mechanisms consigned from Lao People's Democratic Republic, whether declared as originating in Lao People's Democratic Republic or not, are subject to registration by the EU's customs authorities. The registration shall expire nine months from 14 April 2005.
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 Lao People's Democratic Republic 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 13 April 2005, 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 current duty rate for mechanisms with 17 and 23 rings is the differences between minimum import price of EUR 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 (except for one company at 51.2%). Furthermore, based on the findings of a circumvention investigation, the Council of the EU has extended, with effect from 2 July 2004, the definitive anti-dumping duty imposed on imports of certain ring binder mechanisms originating in the mainland of China to imports of the same products consigned from Vietnam, whether declared as originating in Vietnam or not (TARIC codes 8305 10 00 11 and 8305 10 00 21).
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On 28 February 2005, the Ring Alliance Ringbuchtechnik GmbH complained 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 Lao People's Democratic Republic and/or by assembly in Lao People's Democratic Republic of the products concerned. On the basis of the complaint, the Commission 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.