Commercial Information Circulars

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

22 September 2008

Dear Sirs,

Commercial Information Circular No. 477/2008

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

Further to Commercial Information Circular No. 532/2007 of 24 December 2007, the Council of the EU has published a regulation to terminate the new exporter review concerning 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/LexUriServ.do?uri=OJ:L:2008:251:0001:0006:EN:PDF.

DETAILS

2. On 22 December 2007, the European Commission (the Commission) initiated the "new exporter" review, at the 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 original investigation (1 April 2003 to 30 March 2004) on which the anti-dumping measures were based, and that it was not related to the Chinese exporting producers which are subject to the existing anti-dumping measures. Having examined the evidence available, the Commission considered that there was sufficient evidence to justify the initiation of the "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duty in force with regard to the product concerned produced and sold for export to the Community by the applicant was repealed. At the same time, such imports were subject to registration for nine months from 22 December 2007, so that anti-dumping duties could be levied retroactively should the review result in a determination of dumping in respect of the applicant.

3. Based on the findings of the investigation, it was concluded that in absence of co-operation from its related producer and exporter, the applicant was granted neither market economy treatment nor individual treatment. The Commission could not establish that the applicant's individual dumping margin was indeed different from the residual dumping margin established in the original investigation that led to the current anti-dumping measures. Therefore, the request made by the applicant should be rejected and the new exporter review terminated.

4. The residual anti-dumping duty found during the original investigation, i.e. 39.9%, should consequently be maintained as far as the applicant is concerned. The anti-dumping duty applicable to the applicant should be levied retroactively on imports registered since 22 December 2007.

BACKGROUND

5. 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

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.