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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 : CR EIC 230/2/1/1/2

10 March 2006

Dear Sirs,

Commercial Information Circular No. 90/2006

European Union (EU)* : Initiation of a 'New Exporter' Review of 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. 101/2005 of 23 March 2005 and Commercial Information Circular No. 553/2005 of 29 December 2005, the European Commission (EC) has published a regulation to initiate a 'new exporter' review of 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

Grounds for the Review

  1. On the basis of a request lodged by Huvis Sichuan (the applicant), an exporting producer in the Mainland of China, the EC initiated a 'new exporter' review on 26 February 2006. The applicant alleged that it operates under market economy conditions, that it has started exporting the product concerned to the EU only after the investigation period (i.e. 1 January 2003 to 31 December 2003) on which the anti-dumping measures were based, and that it is not related to any of the exporting producers which are subject to the prevailing anti-dumping measures.
  2. Having examined the evidence available, the EC concludes that there is sufficient evidence to justify the initiation of a 'new exporter' review, with a view to determining whether the applicant operates under market economy conditions or fulfils the requirement to have an individual duty established. The anti-dumping duty in force with regard to the imports produced by the applicant is therefore repealed. Such imports are subject to registration for nine months from 26 February 2006, and anti-dumping duties could be levied retroactively should the review result in a determination of dumping in respect of the applicant.

Review Procedure

  1. Salient points of the 'new exporter' review are set out below-
(a) Effective Date of the Regulation : 26 February 2006
(b) Product : Synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning originating in the Mainland China, currently classifiable within CN code 5503 20 00 (this CN code is given for information only).
(c) Procedures : All interested parties may in writing present their views, submit questionnaire replies and provide supporting evidence to the EC within 40 days from 26 February 2006, unless otherwise specified. Interested parties may also apply to be heard by the EC within the same timeframe.

Parties to the investigation may submit to the EC their comments on the appropriateness of the United States of America being a market-economy third country for the purpose of establishing normal value in respect of the Mainland of China within 10 days from 26 February 2006.

Duly substantiated claims for market economy status must reach the EC within 21 days from 26 February 2006.

All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, e-mail address, telephone and fax numbers of the interested party. The EC address for correspondence is:

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels

Fax : (32-2) 295 65 05

Background

  1. 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 EC has 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. For details, please refer to the Commercial Information Circulars as set out in paragraph 1 above.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5427.



Yours faithfully,



pp (Miss Jenny Tsang)
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.