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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

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

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

18 February 2013

Dear Sirs,

Commercial Information Circular No. 146/2013

European Union (EU) * : Initiation of an Anti-dumping Proceeding Concerning Imports of Certain Seamless Pipes and Tubes of Iron or Steel, of an External Diameter Exceeding 406.4 mm, Originating in the Mainland of China

The European Commission (the Commission) has announced the initiation of an anti-dumping proceeding on imports of certain seamless pipes and tubes of iron or steel, of an external diameter exceeding 406.4 mm, originating in the Mainland of China. The notice can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2013:045:0003:0012:EN:PDF.

DETAILS

2. Salient points are set out below-
(a) Date of Publication of the Notice: 16 February 2013.
(b) Product Coverage: Seamless pipes and tubes of iron or steel, other than of stainless steel, of circular cross-section, of an external diameter exceeding 406.4 mm, currently falling within CN codes 7304 19 90, 7304 29 90, 7304 39 98 and 7304 59 99.
(c) Procedures:

In view of the potentially large number of exporting producers in the Mainland of China involved in the proceeding and in order to complete the investigation within the statutory time limits, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting producers, or representatives acting on their behalf should provide information requested in Annex A to the notice in question, including their identities and contact details, turnover and sales volume, activities of their companies and related companies, and indication of agreement to their possible inclusion in the sample which will involve completing a questionnaire and accepting a visit at their premises in order to verify their responses. Such information should reach the Commission within 15 days from 16 February 2013, unless otherwise specified.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 16 February 2013, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China, and associations of exporting producers will be notified of the companies selected to be in the sample. All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Companies that have agreed to their possible inclusion in the sample but are not selected will be considered to be cooperating ("non-sampled cooperating exporting producers"). Non-sampled cooperating exporting producers wishing to claim an individual dumping margin must request a questionnaire and other applicable claim forms, and submit the duly completed questionnaire reply within 37 days from the date of notification of the sample selection, unless otherwise specified.

The Commission will also send market economy treatment (MET) claim forms to all the exporting producers in the Mainland of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the Mainland of China. Completed MET claims must reach the Commission within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

Exporting producers claiming an individual dumping margin should however be aware that the Commission may nonetheless decide not to determine their individual margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 16 February 2013, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, request must be submitted within 15 days from 16 February 2013. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

The Commission has provisionally chosen the United States of America as a market economy third country for the purpose of determining 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 16 February 2013.

Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying MET claim forms or questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade (DG Trade):
http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence.

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: N105 08/020
1049 Brussels
Belgium
Fax +32 2299 4405
E-mail: trade-lspt-dumping@ec.europa.eu
trade-lspt-injury@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer for the DG Trade, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days from 16 February 2013. For further information and contact details, interested parties may consult the Hearing Officer's web pages on DG Trade's website:
http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/ index_en.htm.

(d) Investigation Schedule: Provisional measures may be imposed no later than nine months from 16 February 2013. Investigation will be concluded within 15 months from 16 February 2013.

BACKGROUND

3.The Commission initiated the proceeding on the basis of a complaint lodged on 3 January 2013 by the Defence Committee of the seamless pipes and tubes industry of the European Union on behalf of producers representing more than 25% of the total Union production of seamless pipes and tubes of iron or steel, other than of stainless steel, of circular cross-section, of an external diameter exceeding 406.4 mm. It was alleged that imports of the product concerned originating in the Mainland of China had increased overall in absolute terms and had increased in terms of market share, resulting in substantial adverse effects on the overall performance and the employment situation of the Union industry.

ENQUIRIES

4. For traders involved in the exports of the subject product in Guangdong Province, please contact Mr Chen Li-peng, Director of the Bureau of Fair Trade for Import and Export under the Guangdong Department of Foreign Trade and Economic Cooperation, at telephone number 8620 3881 9913. The Bureau is responsible for, among others, conducting anti-dumping investigations, and guiding and coordinating enterprises in Guangdong Province in responding to anti-dumping investigations against products from the province.

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

Yours faithfully,

(Miss Stella 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.



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.
Note 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.