Commercial Information Circulars

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

19 August 2008

Dear Sirs,

Commercial Information Circular No. 425/2008

European Union (EU)* : Extension of Scope of the Definitive Anti-dumping Duty Imposed on Imports of Certain Ring Binder Mechanisms (RBMs) Originating in the Mainland of China and Termination of the Investigation Concerning the Possible Circumvention of the Anti-dumping Measures on Imports of Certain RBMs Consigned from Thailand, whether Declared as Originating in Thailand or not

Further to Commercial Information Circular No. 484/2007 of 10 December 2007, the Council of the European Union (the Council) has published a regulation to extend the scope of anti-dumping measures on imports of certain RBMs originating in the Mainland of China and terminate the investigation concerning the possible circumvention of anti-dumping measures imposed on imports of certain RBMs consigned from Thailand, whether declared as originating in Thailand or not. The regulation can be accessed through the following link : 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:221:0001:0005:EN:PDF.

DETAILS

2. On 6 December 2007, the European Commission initiated an anti-circumvention investigation on the basis of a request lodged by Ring Alliance Ringbuchtechnik GmbH, which gave sufficient prima facie evidence that the anti-dumping measures are being circumvented by means of a slight modification of the product concerned to make it fall under customs codes which are normally not subject to measures and that the modification does not alter the essential characteristics of the product concerned. Furthermore, the request contained sufficient prima facie evidence that the anti-dumping measures are being circumvented by means of transhipment via Thailand of the product concerned, whether slightly modified or not.
    
3. The investigation revealed that: (1) the slightly modified RBMs differ slightly only in the shape of the sheets but that that modification does not alter the essential characteristics of the product concerned; (2) there was a change in the pattern of trade of the slightly modified RBMs exported by the cooperating exporting producer from the Mainland of China to the Community; (3) there was no economic justification other than the imposition of the anti-dumping duties for the change in the pattern of trade; and (4) the change in trade flows, together with the abnormally low export price of the slightly modified products has undermined the remedial effects of the anti-dumping measures in terms of both quantities and prices of the like products. As a result, the Council has decided to amend the product scope as follows :

4. In view of the findings regarding Thailand, the investigation concerning the possible circumvention of anti-dumping measures by imports of certain RBMs consigned from Thailand should be terminated.

BACKGROUND

5. Definitive anti-dumping duties on certain RBMs 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 RBMs 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. 

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.