Commercial Information Circulars
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Ref : CR EIC 230/2/1/1/2
30 April 2010
Dear Sirs,
Commercial Information Circular No. 186/2010
European Union (EU)* : Results of New Exporting Producers' Request under the Anti-dumping Measures on Imports of Certain Finished Polyester Filament Fabrics Originating in the Mainland of China
Further to Commercial Information Circular No. 476/2009 of 23 September 2009, the European Council has published a regulation announcing the decision to grant "New Exporting Producer Treatment" (NEPT) to one group of two related Mainland companies, AlbaChiara Printing and Dyeing (Jiaxing) Co. Ltd and Jiaxing E. Boselli Textile Trading Co. Ltd ("the applicant"), under the anti-dumping measures on imports of certain finished polyester filament fabrics ("product concerned") originating in the Mainland of China. The Regulation dated 29 April 2010 can be accessed through the following link : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:107:0006:0008:EN:PDF
- Salient points are set out below:
(a) Product | : | Woven fabrics of synthetic filament yarn containing 85% or more by weight of textured and/or non-textured polyester filament, dyed (including dyed white) or printed, originating in the Mainland of China (currently falling within CN codes ex 5407 51 00, 5407 52 00, 5407 54 00, ex 5407 61 10, 5407 61 30, 5407 61 90, ex 5407 69 10 and ex 5407 69 90) |
(b) Rate of Duty | : | 14.1% of the net, free-at-Union-frontier price before duty |
(c) Effective Date | : | 30 April 2010 |
BACKGROUND
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Definitive anti-dumping duty on imports of certain finished filament fabrics originating in the Mainland of China has been imposed since 17 September 2005. Subsequent to a re-investigation, the rate of duty was revised to 74.8% of the net free-at-Community-frontier price before duty (except for 46 companies with individual duty rates ranging from 14.1% to 74.8%) with effect from 22 September 2007.
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The applicant requested to be granted NEPT under Article 2 of Regulation (EC) No. 1487/2005. It has provided sufficient evidence to prove that it meets the four criteria for being granted NEPT: (i) it did not export the product concerned to the EU during the investigation period (1 April 2003 to 31 March 2004) on which the anti-dumping measures were based, (ii) it is not related to any of the exporters or producers in the Mainland of China which are subject to the anti-dumping measures imposed by Regulation (EC) No. 1487/2005, (iii) it actually exported a significant quantity of the product concerned to the EU starting from the year 2008, (iv) it fulfills all the requirements for market economy treatment (MET). The applicant can therefore be granted an individual duty applicable to cooperating companies not included in the sample which have been granted MET (i.e. 14.1%).
ENQUIRIES
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For enquiries concerning the content of this circular, please contact Mrs. Tracy Kwan/Ms Ann Leung at 3403 6352 or the undersigned at 2398 5427.
Yours faithfully,
(Ms Carmen Shiu)
for Director-General of Trade and Industry
* The EU includes Austria, Belgium, Bulgaria, 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.
- (2)The biweekly newsletter "Business 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. The newsletter is available for free e-subscription and can be accessed through
http://www.tdctrade.com/alert/eualert.htm.