Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
19 June 2012
Dear Sirs,
Commercial Information Circular No. 463/2012
European Union (EU)* : Anti-dumping Measures on Imports of Certain Prepared or Preserved Citrus Fruits (Namely Mandarins, etc.) Originating in the Mainland of China and Partial Reopening of the Anti-dumping Investigation Concerning Imports of Certain Prepared or Preserved Citrus Fruits Originating in the Mainland of China
Further to the Commercial Information Circulars Nos. 670/2008 of 31 December 2008 and 781/2011 of 9 December 2011, the European Commission ('the Commission') has announced another partial reopening of the anti-dumping investigation concerning imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China, following a judgment of the European Court of Justice ('ECJ') annulling parts of a Council regulation that imposed a definitive anti-dumping duty on the concerned products in 2008. The relevant notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:175:0019:0021:EN:PDF.
DETAILS
2. The ECJ, through its judgment of 22 March 2012, declared Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China ('definitive anti-dumping Regulation') invalid. The ECJ found that the Commission did not take all due care to determine the normal value on the basis of the price or constructed value in a market economy third country.
3. Consequent to the ECJ's judgment, the definitive anti-dumping duties paid pursuant to the definitive anti-dumping Regulation on imports of the concerned products into the Union, and the provisional duties definitively collected in accordance with the definitive anti-dumping Regulation, should be repaid or remitted. The repayment or remission must be requested from national customs authorities in accordance with applicable customs legislation. Moreover, imports of the concerned products into the Union are no longer subject to the anti-dumping measures imposed.
4. Meanwhile, having considered the matter, the Commission has decided to reopen the anti-dumping investigation with the scope limited to the selection of an analogue country, if any, and the determination of the normal value to be used for the calculation of any margin of dumping.
5. Salient points of the reopened investigation are set out below-
| (a) Date of Publication of the Notice | : | 19 June 2012 |
|---|---|---|
| (b) Product Coverage | : |
Certain prepared or preserved citrus fruits (namely mandarins, etc.) currently falling within CN codes 2008 30 55, 2008 30 75 and ex 2008 30 90 (TARIC codes 2008 30 90 61, 2008 30 90 63, 2008 30 90 65, 2008 30 90 67, and 2008 30 90 69). |
| (c) Procedures | : |
All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views, submit information and provide supporting evidence regarding the availability of market economy third countries which could be selected to determine normal value, including with regard to Israel, Swaziland, Turkey and Thailand, within 20 days from 19 June 2012, unless otherwise specified. They may also apply to be heard by the Commission within 20 days from 19 June 2012, provided that they make a request showing that there are particular reasons why they should be heard.
All submissions and requests 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 party concerned and sent to the following address :
Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade (DG Trade), who acts as an interface between the interested parties and the Commission services through offering, when necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade: |
BACKGROUND
6. Definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China had been imposed since 31 December 2008. The duty in force was EUR 531.2 per tonne (except for 19 companies whose individual duty rates range from EUR 361.4 per tonne to 531.2 per tonne).
7. Following the General Court of the European Union's judgement of 17 February 2011 annulling the definitive anti-dumping Regulation as far as two companies (namely, Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd.) are concerned, the Commission announced on 3 December 2011 to reopen the anti-dumping investigation with the scope limited to the implementation of the judgement as far as the two companies are concerned.
ENQUIRIES
8. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.
Yours faithfully,
(Ms Wendy LAU)
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.
Note ：
- (1) While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.
- (2)The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
http://www.tdctrade.com/alert/eualert.htm.