Commercial Information Circulars

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Ref : 230/2/3/2/13

8 July 2013

Dear Sirs,

Commercial Information Circular No. 548/2013

European Union (EU) * : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Powdered Activated Carbon (PAC) Originating in the Mainland of China

Further to the Commercial Information Circular No. 934/2012 of 15 November 2012, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of powdered activated carbon (PAC) 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:2013:195:0004:0012:EN:PDF

DETAILS

Ground for the Review

2.The expiry review is initiated at the request lodged on 9 April 2013 by Cabot Norit Nederland BV and Cabot Norit (UK) Ltd (the applicants) on behalf of producers representing more than 25% of the total Union production of powdered activated carbon. According to the Commission, the applicants have provided evidence that, should the measures be allowed to lapse, the current import level of the product under review from the Mainland of China to the Union is likely to increase due to the existence of unused capacity of the manufacturing facilities of the exporting producers in the Mainland of China. It is alleged that the removal of injury has been mainly due to the existence of the measures and that any recurrence of substantial imports at dumped prices from the Mainland of China would likely lead to a recurrence of injury to the Union industry should the measures be allowed to lapse.

Review Procedures

3.Salient points of the expiry review are set out below-

(a) Date of Publication of the Notice of Initiation	:	6 July 2013
(b) Product Coverage	:	Powdered activated carbon, currently falling within CN code ex 3802 10 00.
(c) Procedures	:	In view of the potentially large number of exporting producers in the Mainland of China involved in this expiry review 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, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are requested to 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/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 6 July 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 6 July 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 and any known association of exporting producers 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 to be in the sample will be considered to be cooperating ('non-sampled cooperating exporting producers'). In the previous investigation the United States of America were used as a market economy third country for the purpose of establishing normal value in respect of the Mainland of China. The Commission envisages using the United States of America again for the purpose of the current investigation. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 6 July 2013. All interested parties may make their views known, submit information and provide supporting evidence to the Commission within 37 days from 6 July 2013, unless otherwise specified. All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must 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 6 July 2013. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. 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 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 2297 9618 E-mail:trade-pac-dumping@ec.europa.eu trade-pac-injury@ec.europa.eu Interested parties may request the intervention of the Hearing Officer for 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 6 July 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	:	The investigation will be concluded within 15 months from 6 July 2013.

BACKGROUND

4.Definitive anti-dumping duty on imports of powdered activated carbon originating in the Mainland of China has been imposed since 6 June 1996 and the current duty in force is EUR 323 per tonne (net weight). Subsequent to an expiry review, the definitive anti-dumping duty was extended for five years starting from 15 June 2002. Subsequent to another expiry review initiated in June 2007, the definitive anti-dumping duty has been maintained for a further five years starting from 11 July 2008.

ENQUIRIES

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, Croatia, 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.