Commercial Information Circular
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref.: EIC 230/2/3/2/13
21 July 2017
Dear Sirs,
Commercial Information Circular No. 635/2017
European Union (EU)* : Initiation of an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of hand pallet trucks and their essential parts originating in the Mainland of China by imports of the same product consigned from Vietnam, and subjection of such imports to registration
Further to Commercial Information Circular No. 814/2016 of 20 October 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 hand pallet trucks and their essential parts, originating in the Mainland of China by imports of the same product consigned from Vietnam, whether declared as originating in Vietnam or not. The regulation is available at
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1348&from=EN.
DETAILS
2.The investigation is initiated at the request of PR Industrial SRL and Toyota Material Handling Europe, the EU producers of hand pallet trucks. 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 Vietnam.
3.Salient points of the regulation are set out below -
| (a) Product under Investigation | : | Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427 90 00 19 and 8431 20 00 19), consigned from Vietnam, whether declared as originating in Vietnam or not (For the purpose of the regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller.) |
| (b) Registration of Imports | : | With effect from 21 July 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 21 July 2017. The registration is to ensure that should the investigation, which will be concluded within nine months of 21 July 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 Vietnam and to the known associations of exporters/producers in Vietnam, to the known importers and to the known associations of importers in the EU and to the authorities of Vietnam 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 21 July 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 21 July 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 1040 Brussels Belgium E-mail: TRADE-R668-HPT-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 21 July 2017. |
BACKGROUND
4.Definitive anti-dumping duty on imports of the product originating in the Mainland of China has been imposed since 22 July 2005. Consequent to a circumvention investigation, the anti-dumping duty has been extended to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not. The duty in force is 70.8% of the net, free-at-Union-frontier price before duty (except for two companies whose individual duty rates are 54.1% and 70.8%).
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. |