Commercial Information Circulars

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

12 June 2008

Dear Sirs,

Commercial Information Circular No. 324/2008

European Union (EU) * : Initiation of Two Partial Interim Reviews 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 two notices to initiate separate partial interim reviews of the anti-dumping measures imposed on imports of certain magnesia bricks originating in the Mainland of China. The notices can be accessed through the following links :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:146:0027:0029:EN:PDF and
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:146:0030:0032:EN:PDF.

DETAILS

Grounds for the Review

The reviews are initiated at the requests of Bayuquan Refractories Company Limited and Dashiqiao Sanqiang Refractory Materials Co. Limited (the applicants), and are limited in scope to the examination of dumping as far as the applicants are concerned.
The applicants have provided prima facie evidence that the circumstances with regard to dumping on the basis of which anti-dumping measures were established for their companies have changed and that these changes are of a lasting nature. The applicants also provide sufficient evidence that the continued imposition of the measure at its current level is no longer necessary to offset dumping.

Review Procedures

Salient points of the partial interim reviews are set out below-

(a) Date of Publication of the Notice of Initiation	:	12 June 2008
(b) Product Coverage	:	Chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80% MgO, whether or not containing magnesite, currently classifiable within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90 (these CN codes are given for information only).
(c) Procedures	:	In order to obtain information for the investigation, the Commission will send questionnaires to the applicants and the authorities of the Mainland of China. All interested parties must make themselves known, present their views and submit questionnaire replies or any other information within 40 days from 12 June 2008, unless otherwise specified. They may also apply to be heard by the Commission within 40 days from 12 June 2008. The Commission will also send market economy status claim forms to the companies and the authorities of the Mainland of China. Duly substantiated claims for market economy status must reach the Commission within 21 days from 12 June 2008. In the event that the company is granted market economy treatment, the Commission may, if necessary, use findings concerning the normal value established in the United States of America, e.g. for the purpose of replacing any unreliable cost or price elements in the Mainland of China which are needed in establishing the normal value, if reliable required data are not available in the Mainland of China. 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 If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer, who offers, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).
(d) Investigation Schedule	:	Investigation will be concluded within 15 months from 12 June 2008.

BACKGROUND

Definitive anti-dumping duty on imports of certain magnesia bricks originating in the Mainland of China has been imposed since 13 October 2005 at a rate of 39.9% of the net, free-at-Community-frontier price before duty (except for six companies with individual duty rates ranging from 2.7% to 27.7%).

ENQUIRIES

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.