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

30 September 2010

Dear Sirs,

Commercial Information Circular No. 442/2010

European Union (EU)* : Initiation of an Anti-dumping Proceeding Concerning Imports of Certain Seamless Pipes and Tubes of Stainless Steel Originating in the Mainland of China

The European Commission (the Commission) has announced the initiation of an anti-dumping proceeding on imports of certain seamless pipes and tubes of stainless steel 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:C:2010:265:0010:0016:EN:PDF.

DETAILS

2. Salient points are set out below-

(a) Date of Publication of the Notice	:	30 September 2010
(b) Product Coverage	:	Certain seamless pipes and tubes of stainless steel, other than with attached fittings suitable for conducting gases or liquids for use in civil aircraft, currently falling within CN codes 7304 11 00, 7304 22 00, 7304 24 00, ex 7304 41 00, 7304 49 10, ex 7304 49 93, ex 7304 49 95, ex 7304 49 99 and ex 7304 90 00. These CN codes are 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 exporting producers, or representatives acting on their behalf should provide information requested in paragraph 5.1.1. (a) 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. Exporting producers should also indicate, in the event that they are not selected to be part of the sample, whether they would like to receive a questionnaire and other claim forms to claim an individual margin. Such information should reach the Commission within 15 days from 30 September 2010, unless otherwise specified. All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days from 30 September 2010, unless otherwise specified. If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China and association of exporting producers will be notified of the companies selected to be in the sample. All exporting producers selected to be in the sample must submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified. Companies that had agreed to their possible inclusion in the sample but were not selected shall be considered to be cooperating ("non-sampled cooperating exporting producers"). Non-sampled cooperating exporting producers wishing to claim an individual dumping margin must request a questionnaire and other claim form, and must submit the completed questionnaire reply within 37 days from the date of notification of the sample selection, unless otherwise specified. The Commission will also send market economy status claim forms to all exporting producers in the Mainland of China who have been included in the sample and to non-sampled cooperating exporting producers who wish to apply for an individual margin, to any known association of exporting producers, and to the authorities of the Mainland of China. Duly substantiated claims for market economy status and/or for individual treatment must reach the Commission within 15 days of the date of the notification of sample selection, unless otherwise specified. Exporting producers claiming 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 exporting producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation. All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 30 September 2010. All interested parties may also apply to be heard by the Commission. Request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, request must be submitted within 15 days from 30 September 2010. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties. 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 30 September 2010. All submissions, including information submitted for the selection of the sample, completed MET claim forms, completed questionnaires and updates, must be made in writing in both paper and electronic format, 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 04/092 1049 Brussels Belgium Fax +32 22956505 If an interested party cannot provide its submissions and requests in electronic format for technical reasons, it must immediately inform the Commission. Interested parties may request the intervention of the Hearing Officer of DG Trade, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of investigation, the request must be submitted within 15 days from 30 September 2010. 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/issues/ respectrules/ho/ index_en.htm).
(d) Investigation Schedule	:	Provisional measures may be imposed no later than 9 months from 30 September 2010. Investigation will be concluded within 15 months from 30 September 2010.

BACKGROUND

3. The Commission has initiated the proceeding on the basis of a complaint lodged in August 2010 by the Defence Committee of the seamless stainless steel tubes industry of the European Union on behalf of producers representing a major proportion, in this case more than 50% of the total Union production of certain seamless pipes and tubes of stainless steel. It was alleged that imports of the product concerned originating in the Mainland of China had increased overall in absolute terms and in terms of market share, resulting in substantial adverse effects on the overall performance of the Union industry.

ENQUIRIES

4. For traders involved in the exports of the subject product in Guangdong Province, please contact Mr Chen Li-peng, Director of the Bureau of Fair Trade for Import and Export under the Guangdong Department of Foreign Trade and Economic Cooperation, at telephone number 8620 3881 9913. The Bureau is responsible for, among others, conducting anti-dumping investigations, and guiding and coordinating enterprises in Guangdong Province in responding to anti-dumping investigations against products from the province.
    

5. 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.



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