Commercial Information Circulars

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

10 December 2007

Dear Sirs,

Commercial Information Circular No. 484/2007

European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-Dumping Measures Imposed on Imports of Certain Ring Binder Mechanisms Originating in the Mainland of China by Imports of the Same Product Consigned from Thailand, whether Slightly Modified or not and whether Declared as Originating in Thailand or not, and by Imports of Certain Slightly Modified Ring Binder Mechanisms originating in the Mainland of China

Further to Commercial Information Circulars No. 320/2004 of 14 December 2004 and No. 24/2006 of 13 January 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 ring binder mechanisms originating in the Mainland of China by imports of the same product consigned from Thailand, whether slightly modified or not and whether declared as originating in Thailand or not, and by imports of certain slightly modified ring binder mechanisms originating in the Mainland of China. The regulation also requires such imports to be subject to registration. The regulation can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_320/l_32020071206en00230026.pdf. 

DETAILS

2. Salient points are set out below - 

(a) Date of Publication of the Notice	:	6 December 2007
(b) Product Coverage	:	(i) Certain ring binder mechanisms (consisting of two rectangular steel sheets or wires with at least four half rings made of steel wire fixed on it and which are kept together by a steel cover and can be opened either by pulling the half rings or with a small steel-made trigger mechanism fixed to the ring binder mechanism), falling within CN code ex 8305 10 00 (TARIC codes 8305 10 00 12, 8305 10 00 22 and 8305 10 00 32) consigned from Thailand, whether slightly modified or not and whether declared as originating in Thailand or not; and (ii) certain slightly modified ring binder mechanisms, falling within CN code ex 8305 10 00 (TARIC codes 8305 10 00 32 and 8305 10 00 39), originating in the Mainland of China.
(c) Procedures	:	In order to obtain necessary information for the investigation, the Commission will send questionnaires to the exporters/producers and the associations of exporters/producers in Thailand, the exporters/ producers and the associations of exporters/producers in the Mainland of China, the importers and the associations of importers in the European Community which cooperated in the investigation that led to the existing measures, and the authorities of the Mainland of China and Thailand. Interested parties should request a copy of the questionnaire from the Commission within 15 days from 6 December 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 December 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 4/23 B-1049 Brussels Fax : (32-2) 295 65 05
(d)Registration of Imports	:	With effect from 7 December 2007, (i) all ring binder mechanisms other than those currently subject to the EU’s anti-dumping measures (for details please refer to Commercial Information Circular No. 320/2004) falling within CN code ex 8305 10 00 (TARIC codes 8305 10 00 32 and 8305 10 00 39), originating in the Mainland of China and (ii) all ring binder mechanisms falling within CN code ex 8305 10 00 (TARIC codes 8305 10 00 12, 8305 10 00 22 and 8305 10 00 32) consigned from Thailand, whether declared as originating in Thailand or not, are subject to registration by the EU's customs authorities. The registration shall expire nine months from 7 December 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.
(e)Exemption from Rgistration 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 Mainland of China and Thailand requesting exemption from registration of imports or measures should submit a request duly supported by evidence within 40 days from 6 December 2007, unless otherwise specified.

BACKGROUND

3. Definitive anti-dumping duties on certain ring binder mechanisms originating in the Mainland of China have been imposed since 25 January 1997. The current duty rate for mechanisms with 17 and 23 rings is the differences between minimum import price of EUR 325 per 1,000 pieces and the net, free-at-Community-frontier before duty. As for mechanisms other than those with 17 or 23 rings, the current duty rate is 78.8% of the net, free-at-Community-frontier price before duty. Consequent to an expiry review, the anti-dumping duties have been extended for another four years since 5 December 2004. Furthermore, based on the findings of two separate circumvention investigations, the definitive anti-dumping duty imposed on imports of certain ring binder mechanisms originating in the Mainland of China has been extended to imports of the same products consigned from Vietnam and Lao People's Democratic Republic, whether declared as originating in Vietnam and Lao People's Democratic Republic or not. 
    

4. The Commission has decided to investigate the possible circumvention of the anti-dumping measures on the request of Ring Alliance Ringbuchtechnik GmbH, a Community producer of certain ring binder mechanisms.

ENQUIRIES

5. 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.