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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

13 March 2007

Dear Sirs,

Commercial Information Circular No. 119/2007

European Union (EU)* : Initiation of a Partial Interim Review of the Anti-dumping Measures on Imports of Certain Plastic Sacks and Bags Originating in the Mainland of China

Further to Commercial Information Circular No. 97/2007 of 21 February 2007, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures imposed on imports of certain plastic sacks and bags originating in the Mainland of China. The notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/c_054/c_05420070309en00050007.pdf.

DETAILS

Grounds for the Review

  1. The Commission has decided on its own initiative to initiate a partial interim review on 9 March 2007. The review is limited in scope to dumping aspects concerning one exporting producer, Xinhui Alida Polythene Limited (the company).
     
  2. There is sufficient prima facie evidence available to the Commission that the circumstances on the basis of which the existing measures were established have changed and that these changes are of a lasting nature. Information at the Commission's disposal indicates that market economy conditions prevail for the company, and the company's sales pattern, both in terms of quantity and destination, has changed in a lasting way. Furthermore, a comparison of normal value based on the company's own costs/domestic prices and its export prices would lead to a reduction of dumping significantly below the level of the current measure. Therefore, the continued imposition of measures at the existing levels, which were based on the level of dumping previously established, would no longer be necessary to offset dumping.

Review Procedures

  1. Salient points of the partial interim review are set out below-
(a) Date of Publication of the Notice of Initiation : 9 March 2007
(b) Product Coverage : Plastic sacks and bags, containing at least 20% by weight of polyethylene and of a thickness not exceeding 100 micrometers originating in the Mainland of China, currently classifiable within CN codes ex 3923 2100, ex 3923 2910 and ex 3923 2990 (TARIC codes 3923 2100 20, 3923 2910 20 and ex 3923 2990 20) (the CN codes are given only for information).
(c) Procedures : The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the company.

In order to obtain information for the investigation, the Commission will send questionnaires to the company and the authorities of the Mainland of China.

All interested parties may make their views known in writing and provide supporting evidence to the Commission, and also apply to be heard by the Commission within 40 days from 9 March 2007, unless otherwise specified.

The company's duly substantiated claim for market economy treatment must reach the Commission within 21 days from 9 March 2007.

It is envisaged to choose Malaysia as a market economy country for the purpose of establishing normal value in respect of the Mainland of China. Interest parties are invited to comment on the appropriateness of this choice within 10 days from 9 March 2007.

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 and should be sent to the following address :

European Commission
Directorate General for Trade
Directorate H
Office: J-79 5/16
B-1049 Brussels
Fax : (32-2) 295 65 05

(d) Investigation Schedule : Investigation will be concluded within 15 months from 9 March 2007.

Background

  1. Definitive anti-dumping duty on imports of certain plastic sacks and bags originating in the Mainland of China has been imposed since 30 September 2006. The rate of duty is 28.8% of the net, free-at-Community-frontier price before duty (except for those companies listed in Article 1 of Council Regulation (EC) No. 1425/2006 where the individual duty rates range from 4.8% to 12.8% (details can be found in Commercial Information Circular No. 388/2006 of 29 September 2006)).

ENQUIRIES

  1. 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, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.



Note

  • (1) 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.
  • (2) The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
    http://www.tdctrade.com/alert/eualert.htm.