Commercial Information Circulars

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

21 September 2010

Dear Sirs,

Commercial Information Circular No. 428/2010

European Union (EU)*: Initiation of a Partial Interim Review of the Anti-dumping Measures on Imports of Certain Plastic Sacks and Bags Originating, inter alia in the Mainland of China

Further to the Commercial Information Circular No. 388/2006 of 29 September 2006, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures imposed on imports of certain plastic sacks and bags originating, inter alia, in the Mainland of China. The notice can be accessed through the following link : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:253:0002:0004:EN:PDF.

DETAILS

The review was initiated at the request of Greenwood Houseware (Zuhai) Ltd. (the applicant), and is limited in scope to the examination of dumping as far as the applicant is concerned.

The applicant has provided prima facie evidence that the circumstances on the basis of which measures were imposed have changed and that these changes are of a lasting nature. In particular, the applicant has provided prima facie evidence showing that a comparison of its export prices to the Union with a constructed normal value in Malaysia indicates that the dumping margin appears to be substantially lower than the current level of the measure. Therefore, the continued imposition of measures at the existing level appears to be no longer necessary to offset dumping.

Review Procedures

Salient points of the partial interim review are set out below-

(a) Date of Publication of the Notice of Initiation

21 September 2010

(b) Product Coverage

Plastic sacks and bags containing at least 20% by weight of polyethylene and of sheeting of a thickness not exceeding 100 micrometers (μm), currently falling within CN codes ex 3923 21 00 and ex 3923 29 10 and ex 3923 29 90.

In order to obtain information for the investigation, the Commission will send questionnaires to the applicant and to the authorities of the Mainland of China.

All interested parties must make themselves known, present their views and submit questionnaire replies or any other information within 37 days from 21 September 2010, unless otherwise specified. They may also apply to be heard within 37 days from 21 September 2010.

The Commission will send market economy treatment or individual treatment claims form to the applicant as well as to the authorities of the Mainland of China. The applicant's duly substantiated claim for market economy treatment and/or for individual treatment must reach the Commission within 15 days from 21 September 2010.

It is envisaged to choose Malaysia again 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 21 September 2010.

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 H
Office: N 105 4/92
1049 Brussels
Belgium
Fax : +32 22956505

If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade, who offers, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).

(d) Investigation Schedule

Investigation will be concluded within 15 months from 21 September 2010.

BACKGROUND

Definitive anti-dumping duties on certain plastic sacks and bags originating in, inter alia, the Mainland of China have been imposed since 30 September 2006. The current duty in force is 28.8% of the net, free-at-Union-frontier price before duty (except for a number of companies where the individual duty rates range from 4.3% to 12.8%) (details can be found in Commercial Information Circulars No. 388/2006 of 29 September 2006, No. 180/2008 of 20 March 2008 and No. 133/2009 of 12 March 2009).

ENQUIRIES

For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Alex LI)
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.