Commercial Information Circulars

24-hour hotline : 23 922 922

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

28 September 2010

Dear Sirs,

Commercial Information Circular No. 436/2010

European Union (EU)*: Initiation of a "New Exporter" Review of the Anti-dumping Measures on Imports of Certain Magnesia Bricks Originating in the Mainland of China

Further to the Commercial Information Circular No. 419/2005 of 12 October 2005, the European Commission (the Commission) has published a notice to initiate a "new exporter" review of the anti-dumping measures imposed on imports of certain magnesia bricks originating in the Mainland of China. The notice can be accessed through the following link : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:253:0042:0045:EN:PDF.

DETAILS

Grounds for the Review

The Commission has initiated the "new exporter" review in request of TRL China Ltd. (the applicant), which alleged that it did not export the product concerned to the Union during the period of investigation (1 April 2003 to 31 March 2004) on which the anti-dumping measures were based, and that it is not related to any of the exporting producers which are subject to the existing anti-dumping measures.

Having examined the evidence available, the Commission considers that there is sufficient evidence to justify the initiation of a "new exporter" review. The anti-dumping duty in force with regard to the product concerned produced and sold for export to the Union by the applicant is therefore repealed. At the same time, such imports are subject to registration for nine months from 29 September 2010, so that anti-dumping duties can be levied retroactively should the review result in a determination of dumping in respect of the applicant.

Review Procedures

Salient points of the "new exporter" review are set out below-

(a) Date of Publication of the Notice of Initiation

28 September 2010

(b) Product Coverage

Chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80% MgO, whether or not containing magnesite, currently falling within CN codes ex 6815 91 00, ex6815 99 10 and ex 6815 99 90 (TARIC codes 6815 91 00 10, 6815 99 10 20 and 6815 99 90 20), produced and sold for export to the Union by TRL China Ltd (TARIC additional code A985).

In order to obtain necessary information for the investigation, the Commission will send a questionnaire to the applicant.

The Commission will also send market economy status claim forms to the applicant and the authorities of the Mainland of China. Duly substantiated claims for market economy status must reach the Commission within 15 days from 29 September 2010.

All interested parties may make their views known in writing and provide supporting evidence to the Commission within 37 days from 29 September 2010, unless otherwise specified. They may also apply to be heard by the Commission within 37 days from 29 September 2010.

It is envisaged to choose the United States of America 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 29 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
B-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).

BACKGROUND

Definitive anti-dumping duty on imports of certain magnesia bricks originating in the Mainland of China has been imposed since 13 October 2005 at a rate of 39.9% of the net, free-at-Union-frontier price before duty (except for seven companies with individual duty rates ranging from 0% to 18.6%).

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.