Commercial Information Circulars

24-hour hotline : 23 922 922

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

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

2 October 2009

Dear Sirs,

Commercial Information Circular No. 497/2009

European Union (EU)* : Termination of the "New Exporter" Review Concerning the Anti-dumping Measures on Imports of Hand Pallet Trucks and their Essential Parts Originating in the Mainland of China

Further to Commercial Information Circular No. 47/2009 of 22 January 2009, the Council of the EU has published a regulation to terminate the "new exporter" review concerning the anti-dumping measures imposed on imports of hand pallet trucks and their essential parts 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:2009:258:0001:0003:EN:PDF

DETAILS

2. On 22 January 2009, the European Commission (the Commission) initiated the "new exporter" review at the request of Crown Equipment (Suzhou) Company Limited (the applicant), which alleged that it did not export the product concerned to the EU during the period of investigation (1 April 2003 to 31 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 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duty in force with regard to the product concerned produced and sold for export to the Community by the applicant was repealed. At the same time, such imports are subject to registration for nine months from 23 January 2009, so that anti-dumping duties can be levied retroactively should the review result in a determination of dumping in respect of the applicant.

3. By a letter of 22 May 2009, the applicant formally withdrew its request for the "new exporter" review. The Commission considered that the termination of the investigation would not affect the anti-dumping measure in force. The residual anti-dumping duty found during the original investigation, i.e. 46.7%, should consequently be maintained as far as the applicant is concerned. The anti-dumping duty applicable to the applicant shall be levied retroactively on imports registered since 23 January 2009.

Background

4. Definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the Mainland of China has been imposed since 22 July 2005. The current rate of duty is 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%).

5. Consequence to a circumvention investigation, the Council of the EU has extended the definitive anti-dumping duty imposed on imports of the products concerned originating in the Mainland of China to imports of the same products consigned from Thailand, whether declared as originating in Thailand or not, with effect from 17 June 2009.

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.