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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

24 December 2007

Dear Sirs,

Commercial Information Circular No. 532/2007

European Union (EU)* : Initiation of a "New Exporter" Review of the Anti-dumping Measures on Imports of Certain Magnesia Bricks Originating in the Mainland of China

Further to Commercial Information Circular No. 419/2005 of 12 October 2005, the European Commission (the Commission) has published a regulation to initiate a "new exporter" review of the anti-dumping measures imposed on imports of certain magnesia bricks originating in the Mainland of China. The regulation can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/l_337/l_33720071221en00420045.pdf.

DETAILS

Grounds for the Review

  1. The Commission has initiated the "new exporter" review, in request of Yingkou Dalmond Refractories Co., Ltd (the applicant), which alleged that it did not export the product concerned to the EU during the period of investigation (1 April 2003 to 30 March 2004) on which the anti-dumping measures were based, and that it is not related to the Chinese exporting producers which are subject to the existing anti-dumping measures.
     

  2. Having examined the evidence available, the Commission considers that there is sufficient evidence to justify the initiation of a "new exporter" review. The anti-dumping duty in force with regard to the product concerned produced and sold for export to the Community by the applicant is therefore repealed. At the same time, such imports are subject to registration for nine months from 22 December 2007, so that anti-dumping duties can 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) Date of Publication of the Regulation : 21 December 2007
(b) Product Coverage :

Chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, falling within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90 (TARIC codes 6815 91 00 10, 6815 99 10 20 and 6815 99 90 20), produced and sold for export to the Community by the applicant (TARIC additional code A853).

(c) Procedures :

In order to obtain necessary information for the investigation, the Commission will send questionnaires to the applicant.

The Commission will also send market economy status claim forms to the applicant and the authorities of the Mainland of China. Duly substantiated claims for market economy status must reach the Commission within 21 days from 22 December 2007.

All interested parties may make their views known in writing and provide supporting evidence to the Commission within 40 days from 22 December 2007, unless otherwise specified. They may also apply to be heard by the Commission within 40 days from 22 December 2007.

It is envisaged to choose United States of America as a market economy country for the purpose of establishing normal value in respect of the Mainland of China. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 22 December 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 parties 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

BACKGROUND

  1. Definitive anti-dumping duty on imports of certain magnesia bricks originating in the Mainland of China has been imposed since 13 October 2005. The current rate of duty is 39.9% of the net, free-at-Community-frontier price before duty (for details, please refer to Commercial Information Circular No. 419/2005).

ENQUIRIES

  1. For enquiries concerning 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.



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.