Commercial Information Circulars

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

Ref : CR EIC 230/2/3/1

30 April 2013

Dear Sirs,

Commercial Information Circular No. 327/2013

European Union (EU) * : Public Consultation on Draft Guidelines relating to Trade Defence Investigations

The European Commission (the Commission), as part of its initiative to modernise the EU's Trade Defence Instruments (TDIs), has launched a public consultation concerning the draft guidelines on four topics relating to trade defence investigations. The Commission's online questionnaire for the public consultation can be accessed through the following link:
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=ModTDIguides.

DETAILS

2.As a part of its comprehensive approach to modernise the EU's TDIs, the Commission has proposed to publish guidelines on four topics relating to trade defence investigations, i.e. the Union interest test, the calculation of the injury margin, the choice of the analogue country in investigations concerning imports from non-market economy countries, as well as expiry reviews and the duration of measures. A public consultation is conducted on the draft guidelines developed from the Commission services' own experience. The draft guidelines can be accessed through the respective links below:

http://trade.ec.europa.eu/doclib/docs/2013/april/tradoc_150839.pdf
http://trade.ec.europa.eu/doclib/docs/2013/april/tradoc_150840.pdf
http://trade.ec.europa.eu/doclib/docs/2013/april/tradoc_150841.pdf
http://trade.ec.europa.eu/doclib/docs/2013/april/tradoc_150842.pdf

3.Stakeholders should make use of the Commission's online questionnaire mentioned at the first paragraph above to submit their comments on the draft guidelines to the Commission by 31 July 2013. Thereafter, the comments will be analysed by the Commission services for revision of the draft guidelines as appropriate before the final guidelines are adopted by the Commission.

BACKGROUND

4.The EU's TDIs are used to defend EU producers against unfair trade practices such as dumping and subsidies. Taking into account factors such as the evolvement of economic environment over recent years and changing trade patterns, the Commission launched a modernisation initiative in October 2011 to "improve the instruments for the benefit of all stakeholders concerned without changing the underlying balance between importing and producing interests and without changing the basic principles of the EU's TDI".

5.On the basis of a previous public consultation on the initiative as a whole, an impact assessment carried out in 2012, while drawing on an independent evaluation study as well as the Commission services' own experience, the comprehensive approach including legislative and non-legislative changes to the existing TDI rules and practices is proposed. While the legislative proposal adopted by the Commission would follow the ordinary legislative procedure of the Council of the EU as well as the European Parliament, the proposed guidelines relating to trade defence investigations form part of the non-legislative initiatives.

6.Further details of the Commission's proposal are available in the Commission's communication on the TDI modernisation of 10 April 2013 and related legislative proposal which can be accessed through the respective links below:

http://trade.ec.europa.eu/doclib/docs/2013/april/tradoc_150837.pdf
http://trade.ec.europa.eu/doclib/docs/2013/april/tradoc_150838.pdf

ENQUIRIES

7.For enquiries concerning the contents of this circular, please contact Miss Stella CHAN at telephone number 2398 5684.

Yours faithfully,

(Leo LEUNG)
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.