Commercial Information Circulars

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Ref : 230/2/3/2/13

22 February 2013

Dear Sirs,

Commercial Information Circular No. 166/2013

European Union (EU) * : Results of the 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

Further to the Commercial Information Circulars Nos. 781/2011 of 9 December 2011, 463/2012 of 19 June 2012 and 500/2012 of 29 June 2012, the Council of the EU has published an implementing regulation to re-impose a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China, consequent to the partial reopening of the anti-dumping investigation. The implementing regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:049:0029:0046:EN:PDF

DETAILS

2.Salient points are set out below -

(a) Product	:	Prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, whether or not containing added sugar or other sweetening matter, and as defined under CN heading 2008, 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).
(b) Rate of Duty	:	EUR 531.2 per tonne (except for a number of companies whose individual duty rates ranged from EUR 361.4 per tonne to EUR 531.2 per tonne).
(c) Effective Date	:	23 February 2013 (Requests for review shall be admissible from 23 February 2013).

BACKGROUND

3.Definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China was imposed by Council Regulation (EC) No 1355/2008 ("the original Regulation") from 31 December 2008.

4.Following a judgement by the General Court of the EU annulling the original Regulation as far as two companies were concerned on grounds that, inter alia, the European Commission ("the Commission") had breached the companies' rights of defence, the Commission announced on 3 December 2011 to reopen the anti-dumping investigation with the scope limited to the implementation of the judgement concerning the two companies.

5.Meanwhile, following a court judgment of 22 March 2012 relating to, inter alia, a finding that the Commission did not take all due care to determine the normal value of the concerned products and declaring invalid the original Regulation, the Commission also partially reopened the relevant anti-dumping investigation on 19 June 2012 in order to implement the judgement.

6.As a result of the partial reopening of investigation, the implementing regulation is adopted to implement the court judgements concerning the original Regulation, and the definitive anti-dumping duty is re-imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China.

ENQUIRIES

7.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.