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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 Circular

24-hour hotline : 23 922 922

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

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

23 February 2017

Dear Sirs,

Commercial Information Circular No. 160/2017

European Union (EU)* : Initiation of an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of certain seamless pipes and tubes of stainless steel originating in the Mainland of China by imports of the same product consigned from India, and subjection of such imports to registration

Further to Commercial Information Circular No. 921/2016 of 13 December 2016, the European Commission (the Commission) has published an implementing regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of certain seamless pipes and tubes of stainless steel, originating in the Mainland of China by imports of the same product consigned from India, whether declared as originating in India or not. The regulation is available at
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0272&from=EN.

DETAILS

2.The investigation is initiated at the request of the Defence Committee of the Seamless Stainless Steel Tubes Industry of the EU. The Commission considers that the request contains sufficient prima facie evidence that the anti-dumping measures imposed on the product concerned are being circumvented by imports of the same product consigned from India.

3.Salient points of the regulation are set out below -

(a) Product under Investigation : Seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft), currently falling within CN codes 7304 11 00, 7304 22 00, 7304 24 00, ex 7304 41 00, 7304 49 10, ex 7304 49 93, ex 7304 49 95, ex 7304 49 99 and ex 7304 90 00, consigned from India, whether declared as originating in India or not
(b) Registration of Imports : With effect from 18 February 2017, imports of the product under investigation are made subject to registration by the EU's customs authorities. The registration shall expire nine months following 18 February 2017.
The registration is to ensure that should the investigation, which will be concluded within nine months of 18 February 2017, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.
(c) Procedure : The Commission will send questionnaires to known exporters/producers in India and to the known associations of exporters/producers in the Mainland of China, to the known importers and to the known associations of importers in the EU and to the authorities of India and the Mainland of China. Information, as appropriate, may also be sought from the EU industry.

Interested parties should request a questionnaire from the Commission within 15 days from 18 February 2017.

For representations to be taken into account during the investigation, interested parties must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information, or apply to be heard by the Commission, within 37 days from 18 February 2017, unless otherwise specified.

Interested parties are invited to make all submissions and requests by, in general, e-mail including scanned powers of attorney and certification sheets. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document 'CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES' available at http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf.

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: CHAR 04/039
1049 Brussels
Belgium

E-mail: TRADE-R670-SSSPT-CIRC@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer in trade proceedings, 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 at
http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.
(d) Exemption from Registration of Imports or Measures : Imports of the product under investigation may be exempted from registration of imports or measures if the importation does not constitute circumvention. Producers seeking exemption from registration or measures must submit a request duly supported by evidence within 37 days from 18 February 2017.

BACKGROUND

4.Definitive anti-dumping duty on imports of the product originating in the Mainland of China has been imposed since 21 December 2011 and the duty in force is 71.9% of the net, free-at-Union-frontier price before duty (except for a number of companies with individual duty rates from 48.3% to 71.9%).

ENQUIRIES

5.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5684.

Yours faithfully,

(Miss Jessica MAK)
for Director-General of Trade and Industry

* The EU member countries are 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 "Regulatory 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. It is available at:
http://economists-pick-research.hktdc.com/business-news/subindex/en/Regulatory-Alert-EU/1X2ZT68A/1/0.htm.