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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

10 April 2013

Dear Sirs,

Commercial Information Circular No. 274/2013

European Union (EU) * : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Certain Open Mesh Fabrics of Glass Fibres Originating in the Mainland of China by Imports of the Certain Open Mesh Fabrics of Glass Fibres Consigned from India and Indonesia, whether Declared as Originating in India and Indonesia or not, and Making Such Imports Subject to Registration

Further to the Commercial Information Circular No. 48/2013 of 16 January 2013, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of certain open mesh fabrics of glass fibres originating in the Mainland of China by imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not.  The regulation also requires such imports to be subject to registration.  The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:101:0001:0004:EN:PDF

DETAILS

2.Salient points are set out below -

(a) Date of Publication of the Regulation : 10 April 2013
(b) Product Coverage :
Open mesh fabrics of glass fibres, of a cell size of more than 1.8 mm both in length and in width and weighing more than 35 g/m 2, excluding fibreglass discs, consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019 51 00 14, 7019 51 00 15, 7019 59 00 14 and 7019 59 00 15).
(c) Procedures :
In order to obtain information deemed necessary for its investigation, the Commission will send questionnaires to the known exporters/producers and associations of exporters/producers in India, Indonesia and the Mainland of China, to the known importers and associations of importers in the Union, and to the authorities of the Mainland of China, India and Indonesia.  Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 10 April 2013.

All interested parties must make themselves known by contacting the Commission, present their views in writing, submit questionnaire replies or any other information, or apply to be heard by the Commission within 37 days from 10 April 2013, unless otherwise specified.

Interested parties should 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 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 inform 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 08/20
1049 Brussels
Belgium

Fax + 32 2299 3704
E-mail: Trade-R571-AC-mesh@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer of 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 further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade:
http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm.
(d) Registration of Imports :
With effect from 11 April 2013, imports of the product under investigation are subject to registration by the EU's customs authorities.  The registration shall expire nine months from 11 April 2013.

The registration is to ensure that should the investigation, which will be concluded within nine months from 10 April 2013, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports consigned from India and Indonesia is imposed.
(e) Exemption from Registration of Imports or Measures :
Imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.  Producers in India and Indonesia requesting exemption from registration of imports or measures must submit a request duly supported by evidence within 37 days from 10 April 2013.

BACKGROUND

3.Definitive anti-dumping duties on certain open mesh fabrics of glass fibres originating in the Mainland of China have been imposed since 10 August 2011. The current duty in force is 62.9% of the net, free-at-Union-frontier price, before duty (except for a number of companies whose individual duty rates range from 48.4% to 62.9%). Based on the finding of a circumvention investigation, the Council of the EU has extended, with effect from 25 July 2012, the definitive anti-dumping duties to imports of certain open mesh fabrics of glass fibres consigned from Malaysia, whether declared as originating in Malaysia or not. Following another circumvention investigation, the definitive anti-dumping duties have been extended to imports of certain open mesh fabrics of glass fibres consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not, with effect from 17 January 2013.

ENQUIRIES

4.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.