Commercial Information Circular
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref. : EIC 230/2/3/2/13
27 March 2018
Dear Sirs,
Commercial Information Circular No. 296/2018
European Union (EU)* : Initiation of expiry review of anti-dumping measures on imports of certain aluminium foil in rolls originating in the Mainland of China
Further to Commercial Information Circular No. 516/2017 of 21 June 2017, the European Commission (the Commission) has published a notice initiating an expiry review of the anti-dumping measures on imports of certain aluminium foil in rolls originating in the Mainland of China. The notice is available at:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018XC0313(04)&from=EN.
2.The expiry review is initiated at the request of a number of EU producers representing more than 40% of the total EU production of certain aluminium foil in rolls, on the grounds that the expiry of the measures would likely result in continuation or recurrence of dumping and injury to the EU industry. It is determined that sufficient evidence exists to justify the initiation of an expiry review. Salient points of the notice are set out below -
| (a) Product under review | : | Aluminium foil of a thickness of 0.007 mm or more but less than 0.021 mm, not backed, not further worked than rolled, whether or not embossed, in low weight rolls of a weight not exceeding 10 kg, currently falling within CN codes ex 7607 11 11 and ex 7607 19 10 (TARIC codes 7607 11 11 10 and 7607 19 10 10). |
| (b) Procedures | : | In view of the potentially large number of 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 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 make themselves known within 15 days from 13 March 2018, unless otherwise specified, by providing the Commission with the information requested in Annex I to the notice, including identity and contact details, turnover, sales volume, production and production capacity, activities of the producer and related companies. By providing the information, the producer agrees to its possible inclusion in the sample. If selected to be in the sample, the producer will have to complete a questionnaire and accept a visit at its premises in order to verify its response. All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 13 March 2018, unless otherwise specified. If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers, the authorities of the Mainland of China, and associations of producers will be notified of the producers selected to be in the sample. All 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. Producers 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. The parties to the investigation will be informed about the relevant sources that the Commission intend to use for the purpose of determining normal value, including the selection of an appropriate representative third country. According to the information available to the Commission, a possible representative third country is Turkey. All producers in the Mainland of China are requested to provide the information requested in Annex III to the notice, including identity and contact details and information on the materials and energy used by the producer and related companies within 15 days from 13 March 2018. The Commission will also send a questionnaire to the Government of the Mainland of China. 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 13 March 2018, 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 13 March 2018. Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets. By using email, 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' published on the website of the Directorate-General for Trade (DG Trade) : http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions in the notice. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: CHAR 04/039 1049 Brussels Belgium Email: TRADE-R684-ALU-FOIL-DUMPING@ec.europa.eu TRADE-R684-ALU-FOIL-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 13 March 2018. 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/trade-policy-and-you/contacts/hearing-officer/. |
| (c) Investigation Schedule | : | The investigation will be concluded within 15 months from 13 March 2018. |
3.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5684.
Yours faithfully,
(Manus LUI)
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. |