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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : S/F(B) to EIC 230/2/3/2/13

30 June 2005

Dear Sirs,

Commercial Information Circular No. 230/2005

European Union (EU)* : Initiation of an Anti-dumping Proceeding Concerning Imports of Certain Footwear with Protective Toecap Originating in, inter alia, the Mainland of China

The European Commission (the Commission) has announced the initiation of an anti-dumping proceeding on imports of certain footwear with protective toecap originating in, inter alia, the mainland of China. A copy of the notice is at Annex (pdf format) or reference. Salient points are set out below-

(a) Date of Publication of the Notice : 30 June 2005
(b) Product Coverage : Certain footwear with uppers of rubber or plastics (excluding water-proof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes) or with uppers of leather or composition leather, having a protective toecap, normally declared within CN codes 6402 30 00, 6403 40 00,ex 6402 19 00, ex 6402 91 00, ex 6402 99 10, ex 6402 99 31, ex 6402 99 39, ex 6402 99 50, ex 6402 99 91, ex 6402 99 93,ex 6402 99 96, ex 6402 99 98, ex 6403 19 00, ex 6403 30 00,ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31,ex 6403 59 35, ex 6403 59 39, ex 6403 59 50, ex 6403 59 91,ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13,ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93,ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31,ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 50,ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98,ex 6405 10 00, ex 6405 90 10 and ex 6405 90 90(these CN codes are given for information only).
(c) Procedures : In view of the apparent large number of parties involved in the proceeding, the Commission may apply sampling technique. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, should provide the information requested in paragraph 5.1 (a) (i) of the notice in question, including contact details, turnover, indication of intention to claim an individual margin, activities of their company/companies, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Such information should reach the Commission within 15 days from 30 June 2005.In order to obtain necessary information for the investigation, the Commission will send questionnaires to the sampled Community industry, any association of producers in the Community, sampled exporters/producers in the mainland of China, any association of exporters/producers, sampled importers, any association of importers named in the complaint, and the authorities of the mainland of China.

Exporters/producers sampled must reply to the questionnaires within 37 days from the date of the notification of their inclusion in the sample.

The Commission will also send market economy status claim forms to all producers in the mainland of China named in the complaint and to any association of exporters/producers named in the complaint, and to the authorities of the mainland of China.

Duly substantiated claims for market economy status and/or individual treatment must reach the Commission within 15 days from 30 June 2005.

Exporters/producers requesting for an individual margin should, within 10 days from 30 June 2005, request a copy of the questionnaire from the Commission. They must submit a completed questionnaire within 40 days from 30 June 2005, unless otherwise specified.

Exporters/producers claiming an individual margin should however note that if sampling is applied, the Commission may decide not to calculate an individual margin for them if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

All interested parties should, within 10 days from 30 June 2005, request a questionnaire and other claim forms, given all questionnaire replies must be submitted to the Commission within 40 days from 30 June 2005, unless otherwise specified.

All interested parties, if their representations are to be taken into account, must make their views known in writing (including submitting questionnaire replies) and provide supporting evidence to the Commission within 40 days from 30 June 2005, unless otherwise specified. They may also apply to be heard by the Commission within 40 days from 30 June 2005.

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
Directorate General for Trade
Directorate B
Office : J-79 5/16
B-1049 Brussels
Fax : (32-2) 295 65 05
(d) Investigation Schedule : Provisional measures may be imposed no later than nine months from 30 June 2005. Investigation will be concluded within 15 months from 30 June 2005.

BACKGROUND

  1. The Commission initiated the proceeding on the basis of a complaint lodged by the European Confederation of the Footwear Industry (CEC), representing more than 30% of the total Community production of certain footwear with protective toecap. It was alleged that imports of the product concerned were being dumped, thereby causing material injury to the Community industry.

ENQUIRIES

  1. For traders involved in the exports of the subject product in the Guangdong Province, please contact Chen Li-peng, Director-General of the Bureau of Fair Trade for Import and Export under the Guangdong Department of Foreign Trade and Economic Cooperation, at 8620 3881 9913, or Shuai Hai-yan, Deputy Director-General, at 8620 3881 9915. The Bureau is responsible for, among others, conducting anti-dumping investigations, and guiding and coordinating enterprises in the Guangdong Province in responding to anti-dumping investigations against products from the Guangdong Province.
  2. For enquiries about 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.