Commercial Information Circulars

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

11 July 2008

Dear Sirs,

Commercial Information Circular No. 357/2008

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/LexUriServ.do?uri=OJ:C:2008:176:0009:0011:EN:PDF.

DETAILS

Grounds for the Review

2. The review is initiated at the request of CeDo Shanghai Limited (the applicant), and is limited in scope to the examination of dumping as far as the applicant is concerned.
    
3. The applicant provides sufficient prima facie evidence that the circumstances on the basis of which measures were established have changed and that these changes are of a lasting nature. The applicant alleges, among others, that its export prices of the product concerned to the Community have increased significantly and substantially more than the constructed normal value based on the applicant's cost of production in the Mainland of China and that this has led to a reduction or elimination of dumping. Therefore, the continued imposition of measures at the existing levels is no longer necessary to offset dumping.

Review Procedures

4. Salient points of the partial interim review are set out below-

(a) Date of Publication of the Notice of Initiation	:	11 July 2008
(b) Product Coverage	:	Plastic sacks and bags, containing at least 20% by weight of polyethylene and of sheeting of a thickness not exceeding 100 micrometres(μm), currently classifiable within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923 21 00 20, 3923 29 10 20 and 3923 29 90 20).
(c) Procedures	:	In order to obtain information for the investigation, the Commission will send questionnaires to the applicant. All interested parties must make themselves known, present their views and submit questionnaire replies or any other information within 40 days from 11 July 2008, unless otherwise specified. They may also apply to be heard within 40 days from 11 July 2008. The Commission will send market economy treatment or individual treatment claims form to the applicant and the authorities of the Mainland of China. The applicant's duly substantiated claim for market economy treatment and/or for individual treatment must reach the Commission within 15 days from 11 July 2008. 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. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 11 July 2008. 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 11 July 2008.

BACKGROUND

5. Definitive anti-dumping duties on certain plastic sacks and bags originating in, inter alia, the Mainland of China have been imposed since 30 September 2006. The current duty in force is 28.8% of the net, free-at-Community-frontier price before duty (details can be found in Commercial Information Circular No. 388/2006 of 29 September 2006 and No. 180/2008 of 20 March 2008).

ENQUIRIES

6. 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.