Commercial Information Circulars

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

17 February 2010

Dear Sirs,

Commercial Information Circular No. 82/2010

European Union (EU)* : Extension of Suspension of the Definitive Anti-dumping Duties on Imports of Glyphosate originating in the Mainland of China

Further to the Commercial Information Circular No. 260/2009 of 15 May 2009, the Council of the EU has published a regulation to extend the suspension of the definitive anti-dumping duties on imports of glyphosate originating in the Mainland of China for another period of one year. The regulation can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:040:0001:0003:EN:PDF.

DETAILS

Definitive anti-dumping duties on imports of glyphosate originating in the Mainland of China have been imposed since 19 February 1998. Given the improvements in the market conditions of the Union industry after the first expiry review of the anti-dumping measures in 2003, the European Commission (the Commission) considered that the injury linked to imports of the product concerned originating in the Mainland of China was unlikely to resume as a result of the suspension of the anti-dumping duties, and decided to suspend the duties for nine months with effect from 16 May 2009.
Following the suspension of the definitive anti-dumping duties, the Commission has continued to monitor the market situation. An examination of recent import flows reveals that imports from the Mainland of China remained at low levels and even decreased after the suspension of the measures. It is also noted that the situation of the Union industry has remained stable with comfortable profit after the entry into force of the suspension. On the basis of the market information currently available, it is not expected that this situation will change substantially in the short term in the event of an extension of the suspension of the measures. The examination concluded that the low imported quantity and the high profit levels of the Union industry indicate that the injury linked to imports from the Mainland of China is unlikely to resume as a result of the extension of suspension. The Commission therefore considers that all requirements for extending the suspension of the anti-dumping duty imposed on the product concerned are met. The suspension of the anti-dumping measures imposed on imports of glyphosate is thus extended for a further period of one year with effect from 14 February 2010.
The Commission will continue to monitor the development of imports and the prices of the product concerned. Should the situation which led to the suspension changes subsequently, the Commission may reinstate the anti-dumping measures by repealing the suspension of the anti-dumping duties immediately.

BACKGROUND

Definitive anti-dumping duty on imports of glyphosate originating in the Mainland of China has been imposed since 19 February 1998 at a rate of 24% of the net, free-at-Union-frontier price before duty. The duty rate was revised to 48% since 26 May 2000 after an interim review. As a result of a circumvention investigation, the anti-dumping duty was extended to imports of the same products consigned from Malaysia or Chinese Taipei with effect from 1 February 2002. An expiry review on the anti-dumping measures was initiated on 15 February 2003. Based on the results of the review investigations, the definitive anti-dumping measures on the product concerned were maintained and the duty rate was lowered to 29.9% with effect from 1 October 2004.
On 29 September 2009, the Commission initiated a second expiry review of the anti-dumping measures imposed on imports of glyphosate originating in the Mainland of China.

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.