Commercial Information Circulars

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

11 September 2009

Dear Sirs,

Commercial Information Circular No. 466/2009

European Union (EU)* : Result of Two Partial Interim Reviews of the Anti-dumping Measures on Imports of Certain Magnesia Bricks Originating in the Mainland of China

Further to the Commercial Information Circular No. 324/2008 of 12 June 2008, the Council of the EU has published two regulations announcing the decisions to amend the definitive anti-dumping duties imposed on imports of certain magnesia bricks originating in the Mainland of China, consequent to two partial interim reviews. The regulations can be accessed through the following links :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:240:0001:0006:EN:PDF and
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:240:0007:0011:EN:PDF.

DETAILS

2. The partial interim reviews were initiated on the basis of requests lodged by Bayuquan Refractories Company Limited (BRC) and Dashiqiao Sanqiang Refractory Materials Company Limited (DSRM) (the applicants), and were limited in scope to the examination of dumping as far as the applicants were concerned.

3. The review investigation in BRC found that the company could be granted individual treatment as it met all the criteria. It was also revealed that the changed circumstances in the company's corporate structure, which allowed a dumping margin to be based on its individual export prices, were of a lasting nature. A comparison of the weighted average normal value with the weighted average export price of the product concerned from BRC showed no existence of dumping. Therefore, it was concluded that the continued application of the measure at its current level was no longer justified. In the light of the results of the review investigation, the Commission decided to amend the anti-dumping duty applicable to imports of the product concerned from BRC to 0 %.

4. As regards DSRM, the data and information verified in the review investigation indicated that as a result of the changes in its corporate structure, market economy conditions prevailed for the company and the changes are of a lasting nature. A comparison of the normal value based on the company's own data and its export prices would lead to a dumping significantly below the level of the current measure. Therefore, the continued imposition of measures at the existing levels, which were based on the dumping previously established, would no longer be justified. In the light of the results of the review investigations, the Commission decided to amend the anti-dumping duty applicable to imports of the product concerned for DSRM from 27.7 % to 14.4 % of the net, free-at-Community-frontier price before duty.

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 at a rate of 39.9% of the net, free-at-Community-frontier price before duty (except for six companies with individual duty rates ranging from 2.7% to 27.7%). As a result of the two partial interim reviews, seven companies are subject to individual duty rates ranging from 0 % to 18.6 %.

ENQUIRIES

6. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Alex LI)
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.