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

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. 310/2005

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

Further to Commercial Information Circular No. 245/2003 of 25 September 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 zinc oxides originating in the mainland of China by imports of the same products consigned from Kazakhstan, whether declared as originating in Kazakhstan or not. The Regulation also requires imports of certain zinc oxides consigned from Kazakhstan, whether declared as originating in Kazakhstan 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 : Certain zinc oxide (chemical formula: ZnO) with a purity of not less than 93% zinc oxide, falling within CN code 2817 00 00 (TARIC code 2817 00 00 13).
(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 Kazakhstan 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 Kazakhstan.

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 5/16B-1049 Brussels
Fax : (+322) 295 65 05
(d) Registration of Imports :

With effect from 6 August 2005, imports of certain zinc oxides consigned from Kazakhstan, whether declared as originating in Kazakhstan 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 zinc oxides originating in the mainland of China can be levied retrospectively to the imports of the same products consigned from Kazakhstan 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 zinc oxides originating in the mainland of China has been imposed since 6 March 2002. The rate of duty is 28.0% of the net, free-at-Community-frontier price before duty.
  3. On 27 June 2005, the Eurometaux on behalf of producers representing more than 45% of the Community production of certain zinc oxides complained that the anti-dumping measures on imports of certain zinc oxides originating in the mainland of China were being circumvented by means of transhipment via Kazakhstan 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.