Commercial Information Circulars

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

15 May 2001

Dear Sirs,

Commercial Information Circular No. 89/01

European Union (EU)*: Initiation of an Investigation Concerning the Alleged Circumvention of Anti-dumping Measures Imposed on Imports of Glyphosate Originating in the Mainland of China by Imports of the Same Products Consigned from Malaysia or Chinese Taipei

We have received information that the European Commission (the EC) has published a regulation (the Regulation) in the Official Journal of European Communities initiating an investigation into the alleged circumvention of anti-dumping measures imposed on imports of glyphosate originating in the mainland of China by imports of the same products consigned from Malaysia or Chinese Taipei. The Regulation also requires imports of glyphosate consigned from Malaysia or Chinese Taipei and whether declared as originating in these two places or not to be subject to registration. A copy of the Regulation is appended (pdf format ) to this circular for reference.

DETAILS

2. The complaint was lodged by the European Glyphosate Association. Allegedly, the anti-dumping duties imposed on imports of glyphosate originating in the mainland of China was being circumvented by either transhipment via Malaysia or Chinese Taipei, or formulation in Malaysia or Chinese Taipei of glyphosate originating in the mainland of China for re-export to the Community without sufficient due cause or economic justification.

3. Having considered the case, the EC initiated the investigation and required registration of imports of glyphosate consigned from Malaysia or Chinese Taipei, whether declared as originating in these two places or not. Details of the Regulation are set out below.

   (a)	Date of Regulation :	9 May 2001
   (b)	Products Coverage  :	Glyphosate that can be produced in different grades or forms of concentration of which the main ones are formulated (with 36% glyphosate), salt (with 62%), cake (with 84%) and acid (with 95%), falling within CN codes ex 2931 0095 and ex 3808 3027 (these codes are given for information only).
   (c)	Procedures:	In order to obtain necessary information for the investigation, the EC will send questionnaires to producers and exporters in Malaysia and Chinese Taipei named in the request, importers in the Community, exporters in the mainland of China known to the EC, and the authorities of the mainland of China, Malaysia and Chinese Taipei. Any interested parties which have not received the questionnaire should request one from the EC within 15 days from 9 May 2001. They should make their views known in writing (including submitting questionnaire replies), and apply to be heard by the EC within 40 days from 9 May 2001 unless otherwise specified. All correspondences must be made in writing (not in electronic format unless otherwise specified) indicating the name, address, e-mail address, telephone and fax number to the following address : European Commission Trade Directorate-General Directorates B and C TERV 0/13 Rue de la Loi/Westraat 200 B-1049 Brussels Fax: (32-2) 295 6505 Telex: COMEU B21877
   (d)	Registration of Imports:	With effect from 10 May 2001, glyphosate consigned from Malaysia or Chinese Taipei whether declared as originating in these two places or not, falling within CN codes ex 2931 0095 and ex 3808 3027 have been subject to registrations by the EU's customs authorities.  The registration shall expire nine months from 10 May 2001. Should the anti-dumping duties applicable to imports of glyphosate originating in the mainland of China be extended to the imports of the same products consigned from Malaysia or Chinese Taipei, such duties may be collected from the date of initiation of this investigation.
   (e)	Customs Certificate:	Imports accompanied by a customs certificate will be exempted from registration.  Such certificate may be granted when the importation does not constitute circumvention.  Interested importer may apply for such certificate as early as possible.  The EC will consider application for such certificate on the basis of a thorough appraisal of the merits of such application.

ENQUIRIES

4. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5351.

Yours faithfully,

(Thomas CHEUNG)

for Director-General of Trade and Industry

* : The EU Member States are Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom.

Note : 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.