Commercial Information Circular
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref.: EIC 230/2/3/2/13
15 August 2017
Dear Sirs,
Commercial Information Circular No. 702/2017
European Union (EU)* : Initiation of an anti-dumping proceeding concerning imports of new and retreaded tyres for buses or lorries originating in the Mainland of China
The European Commission (the Commission) has published a notice initiating an anti-dumping proceeding concerning imports of new and retreaded tyres for buses or lorries originating in the Mainland of China. The notice is available at:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52017XC0811(09)&from=EN.
DETAILS
2.The Commission has initiated this proceeding on the basis of a complaint lodged on 30 June 2017 by the coalition against unfair tyres imports ('the complainant') on behalf of producers representing more than 45 % of the total EU production of new and retreaded tyres for buses or lorries. The complainant is said to have provided prima facie evidence that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold and the market share held by the EU industry, resulting in substantial adverse effects on the overall performance and the employment situation of the EU industry.
3.Salient points of the notice are set out below-
| (a) Product under investigation | : | Certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, currently falling within CN code(s) 4011 20 90 and 4012 12 00. These CN codes are given for information only. |
| (b) Procedures | : | In view of the potentially large number of exporting producers in the Mainland of China involved in the proceeding 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, are requested to make themselves known by providing the Commission with information requested in Annex I to the notice, including identity and contact details, turnover, sales volume, activities of the company and related companies. By providing the information, the company agrees to its possible inclusion in the sample. If selected to be in the sample, the company will have to complete a questionnaire and accept a visit at its premises in order to verify its responses. Such information should reach the Commission within 15 days from 11 August 2017, 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 11 August 2017, unless otherwise specified. If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the EU 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 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 wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within the same deadline. Normal value in the case of imports from the Mainland of China will be determined on the basis of the price or constructed value in a market economy third country. For this purpose, the Commission has provisionally chosen the United States of America. Interested parties are invited to comment on the appropriateness of this choice of analogue country within 10 days from 11 August 2017. According to the information available to the Commission, other market economy producers are, inter alia, Turkey, Japan and South Korea. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under investigation in those market economy third countries for which there are indications that the production of the concerned product is taking place. Subject to the provisions of the notice, all interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 11 August 2017, unless otherwise specified. All interested parties may request to be heard by the Commission investigation services. Any request to be heard 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 11 August 2017. 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 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 Email: TRADE-AD-TYRES-DUMPING@ec.europa.eu TRADE-AD-TYRES-INJURY@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 hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days from 11 August 2017. 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/. |
| (c) Investigation Schedule | : | The investigation will be concluded within 15 months from 11 August 2017. Provisional measures may be imposed no later than nine months from the same date. |
ENQUIRIES
4.For traders involved in the exports of the subject product from the Guangdong Province, please contact Yue Yang, Director of Trade Remedy Division under the Fair Trade Bureau of the Department of Commerce of Guangdong Province, at 8620 3881 9083. The Division is responsible for, among others, guiding and coordinating enterprises in Guangdong Province in responding to anti-dumping investigations against products from the province.
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. |