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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 230/2/3/2/13 

21 July 2008

Dear Sirs,

Commercial Information Circular No. 373/2008

European Union (EU)* : Result of Partial Interim Review of the Anti-dumping Measures Imposed on Imports of Hand Pallet Trucks and Their Essential Parts Originating in the Mainland of China

Further to Commercial Information Circular No. 299/2007 of 7 August 2007, the Council of the EU has published a regulation to clarify the product scope of the definitive anti-dumping measures imposed on imports of hand pallet trucks (HPT) and their essential parts originating in the Mainland of China consequent to a partial interim review. The regulation can be accessed through the following link : 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:192:0001:0004:EN:PDF. 

  1. Salient points are set out below-
(a) Clarified Product Scope  : Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427 90 00 10 and 8431 20 00 10).

For the purpose of this regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks).
(b) Repayment and Remission of Duty :

For goods not covered by the clarified product scope above, the definitive anti-dumping duties paid or entered into account and the provisional anti-dumping duties definitively collected shall be repaid or remitted. Repayment and remission shall be requested from national customs authorities in accordance with applicable customs legislation.
(c) Effective Date : 20 July 2008

BACKGROUND

  1. Definitive anti-dumping duty on imports of HPT and their essential parts originating in the Mainland of China has been imposed since 22 July 2005 at a rate of 46.7% of the net, free-at-Community-frontier price before duty (except for four companies with individual duty rates ranging from 7.6% to 39.9%).
     
  2. The Commission decided on its own initiative to initiate a partial interim review on 7 August 2007. There is information indicating that certain products (so-called highlifters, stackers, scissorlifts and weighing trucks, HSSWT), which could allegedly fall under the product scope of HPT, appear to be distinct from HPT due to their specific functions and end-uses. There appears to be no interchangeability between these products and HPT and therefore it is appropriate to review the product scope for the anti-dumping measures. 
     
  3. The review investigation established that due to different and additional technical characteristics, different end-uses and different production process, HSSWT do not fall within the product scope of HPT and their essential parts which are subject to the anti-dumping measures in force. It is therefore considered appropriate to clarify that HSSWT differ from HPT and their essential parts and do not fall within the product scope subject to anti-dumping measures.

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.