Commercial Information Circulars

24-hour hotline : 23 922 922

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

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

21 December 2009

Dear Sirs,

Commercial Information Circular No. 641/2009

European Union (EU)* : Conclusion of the "New Exporter" Review Concerning the Anti-dumping Measures on Imports of Chamois Leather Originating in the Mainland of China, Levying Retroactively and Imposing an Anti-dumping Duty with regard to Imports from One Exporter in the Mainland of China

Further to Commercial Information Circular No. 341/2009 of 2 July 2009, the Council of the EU has published a regulation to conclude the "new exporter" review concerning the anti-dumping measures imposed on imports of chamois leather originating in the Mainland of China, levying retroactively and imposing an anti-dumping duty with regard to imports from one exporter 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:2009:338:0012:0014:EN:PDF

DETAILS

2. On 3 July 2009, the European Commission (the Commission) initiated the "new exporter" review at the request of Henan Prosper Skins and 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 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duty in force with regard to the product concerned produced and sold for export to the Community by the applicant was repealed.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 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.
    

3. The Commission sent a questionnaire to the applicant but during the verification of the questionnaire reply, the applicant provided false and misleading information. Furthermore, the applicant decided to cease cooperation and the verification had to be terminated without being completed. On 21 September 2009, the applicant formally withdrew its application for the "new exporter" review. The Commission considered it appropriate to continue the investigation ex-officio. Based on the investigation findings, the Commission concluded that the product concerned produced and sold for export by the applicant should be subject to the residual anti-dumping duty found during the original investigation, i.e. 58.9%, and the anti-dumping duty applicable to the applicant shall be levied retroactively on imports registered since 3 July 2009.

BACKGROUND

4. 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

5. 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.