Commercial Information Circulars

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

28 August 2013

Dear Sirs,

Commercial Information Circular No. 698/2013

European Union (EU) * : Initiation of a "New Exporter" Review of the Anti-dumping Measures Imposed on Imports of Trichloroisocyanuric Acid Originating in the Mainland of China

Further to the Commercial Information Circulars No. 851/2011 of 30 December 2011, the European Commission (the Commission) has promulgated a regulation to initiate a "new exporter" review of the anti-dumping measures imposed on imports of trichloroisocyanuric acid originating in the Mainland of China produced and sold for export to the Union by one exporting producer in the Mainland of China. The regulation, which also repeals the existing anti-dumping duty with regard to such imports and makes such imports subject to registration, can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:229:0002:0005:EN:PDF.

DETAILS

Ground for the Review

2.The "new exporter" review is initiated at the request by an exporting producer in the Mainland of China, Liaocheng City Zhonglian Industry Co. Ltd. ("the applicant") alleging that it operates under market economy conditions, that it did not export the product concerned to the Union during the period of investigation on which the anti-dumping measures were based (i.e. 1 April 2003 to 31 March 2004), that it is not related to any of the exporting producers subject to the anti-dumping measures concerned, and that it has begun exporting the product concerned to the Union only after the end of the original investigation period.

3.Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a "new exporter" review with a view to determining the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product under review into the Union shall be subject.

Review Procedures

4.Salient points of the review are set out below-

(a) Date of Publication of the Notice	:	28 August 2013
(b) Product Coverage	:	Trichloroisocyanuric acid and preparations thereof (TCCA), also referred to as "symclosene" under the international non-proprietary name (INN), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933 69 80 70 and 3808 94 20 20).
(c) Procedures	:	In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit a reply to the questionnaire or any information to be taken into account, within 37 days from 28 August 2013, unless otherwise specified. They may also request to be heard by the Commission by making a request in writing within the same 37-day time-limit showing that there are particular reasons why they should be heard. The Commission will also send market economy treatment (MET) claim forms to the applicant well as to the authorities of the Mainland of China. Duly substantiated claim for MET must reach the Commission within 37 days from 29 August 2013. The Commission envisages using Japan as a market economy third country for the purpose of, inter alia, establishing 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 29 August 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 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 4/92 1049 Brussels Belgium Fax: +32 2296 2219 E-mail: trade-tcca-review@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. 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 DG Trade's website.
(d) Investigation Schedule	:	The investigation will be concluded within nine months from 28 August 2013.

5.In connection with the initiation of the "new exporter" review, the definitive anti-dumping duty in force with regard to imports of the concerned products originating in the Mainland of China, and produced and sold for export to the Union by the applicant is repealed. Such imports are subject to registration for nine months from 29 August 2013 so that anti-dumping duties could be levied retroactively should the review result in a finding of dumping in respect of the applicant.

BACKGROUND

6.Definitive anti-dumping duty on trichloroisocyanuric acid originating in the Mainland of China has been imposed since 8 October 2005. As a result of an expiry review initiated on 6 October 2010, the definitive anti-dumping duty has been maintained for five years with effect from 31 December 2011. The current duty in force is 42.6% of the net, free-at-Union-frontier price before duty (except for four companies whose individual duty rates range from 3.2% to 40.5%).

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, 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.