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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

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

5 July 2011

Dear Sirs,

Commercial Information Circular No. 394/2011

European Union (EU)*: Initiation of an Interim Review of the Anti-dumping Measures on Imports of Furfuraldehyde Originating in the Mainland of China

Further to the Commercial Information Circular No. 273/2011 of 12 May 2011, the European Commission (the Commission) has published a notice to initiate an interim review of the anti-dumping measures imposed on imports of furfuraldehyde 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:2011:196:0009:0013:EN:PDF.

DETAILS

2. The Commission has decided on its own initiative to initiate the interim review. With sufficient prima facie evidence at its disposal, the Commission considered that, as far as dumping and injury are concerned, the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of lasting nature. In particular, the information appears to indicate that, due to the increase in prices of imports originating in the Mainland of China (the country concerned) caused by the long-term growth in the domestic demand for furfuraldehyde and rising raw material costs in the country concerned, the continued imposition of the measure at its current level may no longer be necessary to counteract the injurious dumping. A comparison of the normal value of the product concerned with the export prices to the Union indicates that the dumping margin appears to be substantially lower than the current level of measures. Furthermore, significant changes to the composition of the Union industry appear to have taken place. Therefore, the Commission considered that the continued imposition of measures at the existing level appears to be no longer necessary to offset the effects of injurious dumping.

Review Procedures

3. Salient points of the interim review are set out below-

(a) Date of Publication of the Notice of Initiation : 5 July 2011
(b) Product Coverage : 2-furaldehyde (also known as furfuraldehyde or furfural) currently falling within CN code 2932 12 00.
(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 exporters/producers, or representatives acting on their behalf should provide information requested in paragraph 4.1.(a).(i) 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. Exporters/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 5 July 2011.

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days from 5 July 2011. The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

If sampling is applied, sampled parties must reply to the questionnaires within 37 days from the date of the notification of their inclusion in the sample, unless otherwise specified.

In order to obtain necessary information for the investigation, the Commission will send questionnaires to, among others, the Union industry, sampled exporters/producers in the Mainland of China, any association of exporters/producers, sampled importers, any known association of importers, and 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 5 July 2011, unless otherwise specified. They may also apply to be heard within 37 days from 5 July 2011.

The Commission will also send market economy treatment or individual treatment claims form to the exporting producers as well as to the authorities of the Mainland of China. The exporting producers' duly substantiated claim for market economy treatment and/or for individual treatment must reach the Commission within 15 days from 5 July 2011, unless otherwise specified.

It is envisaged to choose Argentina 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 5 July 2011.

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: N105 04/92
1049 Brussels
Belgium

Dumping :
TRADE-AD-FURFURALDEHYDE-DUMPING@ec. europa.eu
Fax +32 22979889

Injury :
TRADE-AD-FURFURALDEHYDE-INJURY@ec.europa.eu
Fax +32 22979888

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 5 July 2011.

BACKGROUND

4. Definitive anti-dumping duty on imports of furfuraldehyde originating in the Mainland of China was first imposed from 22 January 1995 at a rate of EUR 352 per tonne. Following an interim review, the duty was extended for four years starting from 23 December 1999. In December 2003, the Commission initiated an expiry review on the anti-dumping measures. Based on the results of the review investigation, the anti-dumping duty was maintained for a further period of five years starting from 29 April 2005.

5. At the request of two Union producers on behalf of Union producers representing a major proportion, the Commission initiated a separate expiry review in April 2010. As a result of the review, the definitive anti-dumping duty on furfuraldehyde originating in the Mainland of China has been maintained with effect from 13 May 2011 for another five years.

ENQUIRIES

6. 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.