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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

1 November 2006

Dear Sirs,

Commercial Information Circular No. 429/2006

European Union (EU)* : Initiation of an Interim Review of the Anti-dumping Measures on Imports of Ferro Molybdenum Originating in the Mainland of China

Further to Commercial Information Circular No. 421/2006 of 25 October 2006, the European Commission (the Commission) has published a notice to initiate an interim review of the anti-dumping measures imposed on imports of ferro molybdenum originating in the Mainland of China. A copy of the notice is at Annex (pdf format) for reference.

DETAILS

Grounds for the Review

  1. Several interested parties have provided evidence to the Commission concerning different aspects of the adequacy of the anti-dumping measures on imports of ferro molybdenum originating in the Mainland of China, including indicating the likely recurrence of dumping (albeit at a lower level) and pointing to the likely injury margins which are below the level of anti-dumping duty currently in force. The evidence at the Commission's disposal indicates that the circumstances on the basis of which the existing anti-dumping measures were established have changed to an extent that the existing measures may no longer be adequate, and that certain of these changes appear to be of a lasting nature. The Commission has decided on its own initiative to initiate a review of the measures.

Review Procedures

  1. Salient points of the expiry review are set out below-
(a) Date of Publication of the Notice : 31 October 2006
(b) Product Coverage : Ferro molybdenum, currently classifiable within CN code 7202 7000 (the CN code is given for information only).
(c) Procedures : In view of the apparent large number of parties involved in the proceeding, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf should make themselves known to the Commission and provide information requested in paragraph 4.1 (a) (i) of the notice in question, including contact details, turnover, activities of their company/related companies, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Such information should reach the Commission within 15 days from 31 October 2006. All interested parties wishing to submit relevant information regarding the selection of the sample must do so within 21 days from 31 October 2006.

In order to obtain necessary information for the investigation, the Commission will send questionnaires to the Community industry, any association of producers in the Community, sampled exporters/producers in the Mainland of China, any association of exporters/producers, importers, any association of importers which co-operated in the investigation leading to the measures subject to the present review or otherwise known to the Commission, and the authorities of the Mainland of China.

If sampling is applied, sampled parties must reply to the questionnaires within 37 days from the date of the notification of their inclusion in the sample.

The Commission will also send market economy status claim forms to all exporters/producers in the Mainland of China who have requested an individual margin, and to the authorities of the Mainland of China. Duly substantiated claims for market economy status must reach the Commission within 15 days from 31 October 2006.

Exporters/producers requesting for an individual margin should, within 10 days from 31 October 2006, request a copy of the questionnaire from the Commission. They must submit a completed questionnaire within 40 days from 31 October 2006, unless otherwise specified.

Exporters/producers claiming an individual margin should however note that if sampling is applied, the Commission may decide not to calculate an individual margin for them if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

Interested parties who did not co-operate in the investigation leading to the measures subject to the present review should request a questionnaire within 10 days from 31 October 2006.

All interested parties, if their representations are to be taken into account, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days from 31 October 2006, unless otherwise specified. They may also apply to be heard by the Commission within 40 days from 31 October 2006.

It is envisaged to choose the United States of America as a market economy country for the purpose of establishing normal value in respect of the Mainland of China. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 31 October 2006.

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) Investigation Schedule : Investigation will be concluded within 15 months from 31 October 2006.

BACKGROUND

  1. Definitive anti-dumping duty on imports of ferro molybdenum originating in the Mainland of China has been imposed since 7 February 2002 at a rate of 22.5% of the net, free-at-Community-Frontier price before duty.
     
  2. On 24 October 2006, the Commission published a decision to suspend the definitive anti-dumping measures for 9 months starting from 25 October 2006.

ENQUIRIES

  1. For enquiries concerning 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.



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.