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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 230/2/3/2/13

6 August 2005

Dear Sirs,

Commercial Information Circular No. 309/2005

European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Certain Tube or Pipe Fittings of Iron or Steel Originating in the Mainland of China by Imports of the Same Products Consigned from the Philippines, whether Declared as Originating in the Philippines or Not

Further to Commercial Information Circular No. 312/2004 of 7 December 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 certain tube or pipe fittings of iron or steel originating in the mainland of China by imports of the same products consigned from the Philippines, whether declared as originating in the Philippines or not. The Regulation also requires imports of certain tube or pipe fittings of iron or steel consigned from the Philippines, whether declared as originating in 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 : 5 August 2005
(b) Product Coverage : Tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609.6mm, of a kind used for butt-welding or other purposes, falling within CN codes ex 7307 93 11 (TARIC code 7307 93 11 95), ex 7307 93 19 (TARIC code 7307 93 19 95), ex 7307 99 30 (TARIC code 7307 99 30 95) and ex 7307 99 90 (TARIC code 7307 99 90 95).
(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 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, and to the authorities of the mainland of China and the Philippines.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 5 August 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 5 August 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
Directorate-General for Trade
Directorate B
J-79 5/16
B-1049Brussels
Fax : (+32-2) 295 65 05

(d) Registration of Imports :

With effect from 6 August 2005, imports of certain tube or pipe fittings of iron or steel consigned from the Philippines, whether declared as originating in the Philippines or not, are subject to registration by the EU's customs authorities. The registration shall expire nine months from 6 August 2005.

Should the investigation result in findings of circumvention, anti-dumping duties imposed on imports of certain tube or pipe fittings of iron or steel originating in the mainland of China can be levied retrospectively to the imports of the same products consigned from 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.

BACKGROUND

  1.  
  2. Definitive anti-dumping duty on imports of certain tube or pipe fittings of iron or steel originating in, inter alia, the mainland of China has been imposed since 4 April 1996. The rate of duty is 58.6% of the net, free-at-Community-frontier price before duty. Consequent to an expiry review, the duty has been extended for another five years since 7 June 2003.
     
  3. On 23 June 2005, the Defence Committee of the Steel Butt-Welding Fittings Industry of the European Union on behalf of four Community producers complained that the anti-dumping measures on imports of certain tube or pipe fittings of iron or steel originating in the mainland of China were being circumvented by means of transhipment and incorrect declaration of origin via the Philippines of the products concerned. On the basis of the complaint, the Commission initiated the present circumvention investigation.

ENQUIRIES

  1. 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.