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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 Circulars

24-hour hotline : 23 922 922

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

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

20 April 2006

Dear Sirs,

Commercial Information Circular No. 152/2006

European Union (EU)* : Initiation of an Investigation concerning the Possible Circumvention of Anti-Dumping Measures Imposed on Imports of Silicon Originating in the Mainland of China by Imports of the Same Product Consigned from the Republic of Korea, Whether Declared as Originating in the Republic of Korea or not.

Further to Commercial Information Circular No. 69/2004 of 13 March 2004, the European Commission (the Commission) has published a regulation to initiate an investigation into the possible circumvention of anti-dumping measures imposed on imports of silicon originating in the Mainland of China by imports of the same product consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not. The Regulation also requires imports of silicon consigned from the Republic of Korea to be subject to registration. A copy of the Regulation is at Annex (pdf format) for reference. Salient points are set out below-

(a) Date of Publication of the Notice : 20 April 2006
(b) Product Coverage : Silicon classified under CN code 2804 6900 (this CN code is given for information only).
(c) Procedures : In order to obtain necessary information for the investigation, the Commission will send questionnaires to exporters/producers and associations of exporters/producers in the Republic of Korea and the mainland of China, and to importers and associations of importers in the European Community which cooperated in the investigation that led to the existing anti-dumping measures and to the authorities of the mainland of China and the Republic of Korea.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 20 April 2006.

All interested parties may make their views known in writing (including submitting questionnaire replies) and apply to be heard by the Commission within 40 days from 20 April 2006, unless otherwise specified.

All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, e-mail address, telephone and fax numbers of the interested party and should be sent to the following address :

European Commission
Directorate General for Trade
Directorate B
Office : J-79 5/16
B-1049 Brussels
Fax : (32-2) 295 65 05

(d) Registration of imports : With effect from 21 April 2006, imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, falling within CN code ex 2804 69 00 (TARIC code 2804 69 00 10) are subject to registration by the EU's customs authorities. The registration shall expire nine months from 21 April 2006.

Should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports consigned from the Republic of Korea

(e) Exemption from Registration of Imports or Measures : Imports of the products concerned may be exempted from registration or measures if such importation does not constitute circumvention.

Producers in the Republic of Korea requesting exemption of imports from registration or measures should submit a request duly supported by evidence within 40 days from 20 April 2006, unless otherwise specified.

BACKGROUND

  1. Definitive anti-dumping duties on silicon originating in the mainland of China have been imposed since 17 December 1997. Subsequent to an expiry review initiated on 12 October 2002, the Commission published a regulation on 4 March 2004 to maintain the duty. The current duty in force is 49% of the net, free-at-Community-frontier price before duty.
  2. On 6 March 2006, Euro Alliages on behalf of producers representing a major proportion (i.e. 100% of the Community production of silicon) lodged a request to the Commission to investigate a possible circumvention of the anti-dumping measures by means of transhipment via the Republic of Korea. On the basis of the request, the Commission has initiated the present circumvention investigation.

ENQUIRIES

  1. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5350.


Yours faithfully,

 

(Bill WONG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.



  • 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.