Commercial Information Circulars
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Ref : EIC 230/2/3/2/13
17 February 2011
Dear Sirs,
Commercial Information Circular No. 114/2011
European Union (EU) * : Initiation of an Anti-dumping Proceeding Concerning Imports of Sodium Cyclamate Originating in the Mainland of China, Limited to Two Chinese Exporting Producers; and Initiation of a Review of the Anti-dumping Measures on Imports of Sodium Cyclamate Originating in the Mainland of China
Further to the Commercial Information Circular No. 268/2010 of 8 June 2010, the European Commission (the Commission) has published a notice to (i) initiate an anti-dumping proceeding concerning imports of sodium cyclamate originating in the Mainland of China, limited to two Chinese exporting producers, Fang Da Food Additive (Shen Zhen) Limited and Fang Da Food Additive (Yang Quan) Limited ('the Fang Da group' or 'the two exporting producers concerned'), and (ii) initiate a review of the anti-dumping measures on imports of sodium cyclamate originating in the Mainland of China in the light of a World Trade Organization (WTO) report. The notice can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2011:050:0009:0013:EN:PDF
DETAILS
Ground for the Initiation of the Anti-dumping Proceeding
2. The initiation of the proceeding was made at the request of Productos Aditivos SA ('the applicant'), the sole Union producer of sodium cyclamate, and is limited in scope to the examination of dumping as far as the two exporting producers are concerned.
3. The applicant has provided evidence that imports of the product under investigation from the Mainland of China as well as from the two exporting producers concerned have increased overall in absolute terms and have increased in terms of market share. In particular, the applicant has provided prima facie evidence showing that the volume and prices of the imported product under investigation have, among other consequences, had a negative impact on the quantities sold, the level of prices charged and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.
Investigation Procedures
4. Salient points of the investigation are set out below-
| (a) Date of Publication of the Notice of Initiation | : | 17 February 2011 |
| (b) Product Coverage | : | Sodium cyclamate, falling within CN code ex 2929 90 00. This CN code is given for information only. |
| (c) Procedures | : | In order to obtain information for the investigation, the Commission will send questionnaires to the two exporting producers concerned and to the authorities of the Mainland of China. The two exporting producers concerned must submit the completed questionnaire within 37 days from 17 February 2011, unless otherwise specified. All interested parties must make their views known, submit information and provide supporting evidence within 37 days from 17 February 2011, unless otherwise specified. They may also apply to be heard within 15 days from 17 February 2011. The Commission will send market economy treatment or individual treatment claims form to the two exporting producers concerned as well as to the authorities of the Mainland of China. The two exporting producer's duly substantiated claim for market economy treatment and/or for individual treatment must reach the Commission within 15 days from 17 February 2011, unless otherwise specified. It is envisaged to provisionally choose Indonesia 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 17 February 2011. All submissions, including information submitted for the selection of the sample, completed MET claim forms, completed questionnaires and updates thereof, made by interested parties must be made in writing in both paper and electronic format, and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. Commission address for correspondence :
European Commission |
| (d) Investigation Schedule | : | Investigation will be concluded within 15 months from 17 February 2011, and provisional measures may be imposed no later than 9 months from 17 February 2011. |
Review of the Existing Anti-dumping Measures on the Fang Da group
5. Separately, in light of the report of the Appellate Body of the WTO in the Mexico - Beef and Rice case, the Commission considers that the continued imposition of the measures on the Fang Da group is no longer appropriate and should be amended accordingly. The Commission therefore initiates a review of the measures in order to allow any amendment necessary.
BACKGROUND
6. Definitive anti-dumping duty on sodium cyclamate originating in, inter alia, the Mainland of China was first imposed with effect from 12 March 2004 for five years with duty rate of EUR 0.26 per kilogramme (except for three companies with individual duty rates ranging from EUR 0 to EUR 0.11 per kilogramme).
7. At the request of the same applicant, the Commission initiated an expiry review on 10 March 2009. As a result of the review, the definitive anti-dumping duty on sodium cyclamate originating in, inter alia, the Mainland of China has been maintained with effect from 9 June 2010 for another five years.
ENQUIRIES
8. 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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