Commercial Information Circulars

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

2 July 2009

Dear Sirs,

Commercial Information Circular No. 341/2009

European Union (EU)* : Initiation of a "New Exporter" Review of the Anti-dumping Measures on Imports of Chamois Leather Originating in the Mainland of China

Further to Commercial Information Circular No. 361/2006 of 15 September 2006, the European Commission (the Commission) has published a regulation to initiate a "new exporter" review of the anti-dumping measures imposed on imports of chamois leather 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:2009:172:0003:0006:EN:PDF

DETAILS

Grounds for the Review

1.  
2. The Commission has initiated the "new exporter" review in request of Henan Prosper Skins & Leather Enterprise Co. Ltd. (the applicant), which alleged that it did not export the product concerned to the EU during the period of investigation (1 April 2004 to 31 March 2005) on which the anti-dumping measures were based, and that it is not related to any of the exporting producers which are subject to the existing anti-dumping measures.
    
3. Having examined the evidence available, the Commission considers that there is sufficient evidence to justify the initiation of a "new exporter" review. The anti-dumping duty in force with regard to the product concerned produced and sold for export to the European Community by the applicant is therefore repealed. At the same time, such imports are subject to registration for nine months from 3 July 2009, so that anti-dumping duties can be levied retroactively should the review result in a determination of dumping in respect of the applicant.

Review Procedures

4. Salient points of the "new exporter" review are set out below -

(a) Date of Publication of the Regulation	:	2 July 2009
(b) Product Coverage	:	Chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather, falling within CN codes 4114 10 10 and 4114 10 90, produced and sold for export to the Community by the applicant (TARIC additional code A957).
(c) Procedures	:	In order to obtain necessary information for the investigation, the Commission will send a questionnaire to the applicant. The Commission will also send market economy status claim forms to the applicant and the authorities of the Mainland of China. Duly substantiated claims for market economy status must reach the Commission within 40 days from 3 July 2009. All interested parties may make their views known in writing and provide supporting evidence to the Commission within 40 days from 3 July 2009, unless otherwise specified. They may also apply to be heard by the Commission within 40 days from 3 July 2009. It is envisaged to choose United States of America 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 3 July 2009. 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 parties and should be sent to the following address : European Commission Directorate-General for Trade Directorate H Office: N-105 4/92 B-1040 Brussels BELGIUM Fax (32-2) 295 65 05

BACKGROUND

5. Definitive anti-dumping duty on imports of chamois leather originating in the Mainland of China has been imposed since 15 September 2006. The current duty in force is 58.9% of the net, free-at-Community-frontier price before duty.

ENQUIRIES

6. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5350.

Yours faithfully,

(Miss Karen CHAN)

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.