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Commercial Information Circulars

24-hour hotline : 23 922 922

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

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

6 September 2007

Dear Sirs,

Commercial Information Circular No. 336/2007

European Union (EU)* : Initiation of an Investigation concerning the Possible Circumvention of Anti-Dumping Measures Imposed on Imports of Certain Footwear with Uppers of Leather Originating in the Mainland of China by Imports of the Same Product Consigned from Macao SAR, whether Declared as Originating in Macao
SAR or not

Further to Commercial Information Circular No. 397/2006 of 6 October 2006, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of certain footwear with uppers of leather originating in the Mainland of China by imports of the same product consigned from Macao SAR, whether declared as originating in Macao SAR or not. The regulation also requires imports of the product concerned to be subject to registration. The notice can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_234/l_23420070906en00030008.pdf .

  1. Salient points are set out below-

(a) Date of Publication of the Notice

:

6 September 2007

(b) Product Coverage

:

Footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap normally declared under
CN codes 6403 20 00, ex 6403 51 05, ex 6403 51 11,
ex 6403 51 15, ex 6403 51 19, ex6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 05, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 05, ex 6403 91 11,ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91,ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 05,ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36,ex 6403 99 38, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98 and ex 6405 10 00 (these CN codes are given for information only).

(c) Procedures

:

In order to obtain necessary information for the investigation, the Commission will send questionnaires to exporters/producers and associations of exporters/producers in Macao SAR, to importers and associations of importers in the European Community which cooperated in the investigation that led to the existing anti-dumping measures and to the authorities of the Mainland of China and Macao SAR.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 6 September 2007.

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 6 September 2007, 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 numbers of the interested party and should be sent to the following address :

European Commission
Directorate General for Trade
Directorate H
Office : J-79 4/22
B-1049 Brussels
Fax : (32-2) 295 65 05

(d) Registration of imports

:

With effect from 7 September 2007, imports of the product concerned are subject to registration by the EU's customs authorities. The registration shall expire nine months from 7 September 2007.

Should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports consigned from Macao SAR.

(e) Exemption from Registration of Imports or Measures

:

Imports of the products concerned may be exempted from registration or measures if such importation does not constitute circumvention.

Producers in the Macao SAR requesting exemption of imports from registration or measures should submit a request duly supported by evidence within 40 days from 6 September 2007, unless otherwise specified.

BACKGROUND

  1. Definitive anti-dumping duties on certain footwear with uppers of leather originating in the Mainland of China have been imposed since 7 October 2006. The current duty in force is 16.5% of the net, free-at-Community-frontier price before duty (except for one company whose individual rate is 9.7%).

  1. The Commission, on its own initiative, decided to investigate the possible circumvention of the anti-dumping measures by means of transhipment via Macao SAR and/ or by assembly in Macao SAR.

ENQUIRIES

  1. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5351.


Yours faithfully,


(TANG Yu Him)
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, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Electronic services for Production Notification and Certificate of Origin enable traders to make the relevant applications directly through their office computer faster and easier. Electronic service has now been extended to the lodgement of Cargo Manifests and Textiles Notifications. For details and enquiries,
please call the following service providers:
Global e-Trading Services Limited (Tel. : 8109 1820)
Tradelink Electronic Commerce Limited (Tel. : 2599 1700)

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.

Note 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
.



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Last revision date: 12 September 2007