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

13 November 2006

Dear Sirs,

Commercial Information Circular No. 447/2006

European Union (EU) * : Termination of the New Exporter Review Concerning the Anti-dumping Measures on Imports of Synthetic Staple Fibres of Polyesters Originating in, inter alia, the Mainland of China

Further to Commercial Information Circular No. 90/2006 of 10 March 2006, the Council of the EU (the Council) has published a regulation to terminate the new exporter review concerning the anti-dumping measures imposed on imports of synthetic staple fibres of polyesters originating in, inter alia, the Mainland of China. A copy of the regulation is at Annex (pdf format) for reference.

DETAILS

2. On the basis of a request lodged by Huvis Sichuan (the applicant), an exporting producer in the Mainland of China, the European Commission (the Commission) initiated a new exporter review on 26 February 2006. The applicant claimed that it had not exported the product concerned to the Community during the period of the original investigation on which the anti-dumping measures were based, i.e. the period from 1 January to 31 December 2003. The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review. Consequent to the initiation of the review, the anti-dumping duty on imports by the applicant was repealed and imports by the applicant were subject to registration by the Community's customs authorities starting from 26 February 2006.
    
3. The Commission found that the applicant was related to a partly State-owned Mainland producer which was producing the product concerned during the original investigation period, but which did not cooperate in the investigation at that time. This related producer also did not cooperate during the current review investigation. In the absence of cooperation from the applicant's related producer, the Commission could not establish that the applicant's individual dumping margin was indeed different from the residual dumping margin established in the original investigation that led to the current anti-dumping measures. In the light of the above, the Council decided that the new exporter review be terminated and the anti-dumping duty applicable to the applicant shall be levied retroactively on imports registered since 26 February 2006. 

BACKGROUND

4. Definitive anti-dumping duty on imports of polyester staple fibres originating in, inter alia, the Mainland of China has been imposed since 18 March 2005. The rate of duty is 49.7% of the net, free-at-Community-frontier price before duty (except for individual companies with duty rates ranging from 4.9% to 26.3%). On 22 December 2005, the Commission decided on its own initiative to initiate a partial interim review regarding the exclusion of low melt polyester staple fibres from the product scope of the subject anti-dumping measures.

ENQUIRIES

5. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5350.

Yours faithfully,

(Bill WONG)

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.