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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

25 July 2011

Dear Sirs,

Commercial Information Circular No. 438/2011

European Union (EU)* : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Lever Arch Mechanisms Originating in the Mainland of China

Further to the Commercial Information Circular No. 30/2011 of 10 January 2011, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of lever arch mechanisms 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:2011:217:0035:0039:EN:PDF.

DETAILS

Ground for the Review

2. The expiry review is initiated at the request lodged by the following Union producers: Interkov spol.s.r.o, IML Industria Meccanica Lombardia S.r.l. and Niko Metallurgical company d.d. Zelezniki representing a major proportion, in this case more than 50% of the total Union production of lever arch mechanisms. The request is based on the grounds that that the expiry of the measures would be likely to result in a continuation of dumping and recurrence of injury to the Union industry.

Review Procedures

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

(a) Date of Publication of the Notice of Initiation  : 23 July 2011
(b) Product Coverage :

Lever arch mechanisms for archiving sheets and other documents in binders and files currently falling within CN code ex 8305 10 00 (TARIC code 8305 10 00 50).

(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 make themselves known to the Commission and provide information requested in paragraph 5.1(a)(i) of the notice in question, including contact details, turnover, activities of their company/related companies, production, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Such information should reach the Commission within 15 days from 23 July 2011. All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days from 23 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.

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 association of importers, and the authorities of the Mainland of China.

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.

All interested parties should request a questionnaire or other claim forms within 15 days from 23 July 2011.

All interested parties, if their representations are to be taken into account, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days from 23 July 2011, unless otherwise specified. They may also apply to be heard by the Commission within 37 days from 23 July 2011.

The Commission intends to contact producers in other market economy third countries such as India, Iran and Thailand for the purpose of establishing normal value in respect of the Mainland of China. Should cooperation not be forthcoming, the Commission envisages using the prices actually paid or payable in the Union again for this purpose. Interested parties are invited to comment on the appropriateness of this basis for establishing normal value within 10 days from 23 July 2011.

Interested parties are requested to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any powers of attorney and signed certifications accompanying questionnaire replies or any updates thereof, shall be submitted on paper, i.e. by post or by hand, at the address below :

European Commission
Directorate-General for Trade 
Directorate H 
Office: N105 04/092 
1049 Brussels 
Belgium
Fax +32 22963307 

E-mail: trade-lever-arch-dumping@ec.europa.eu; trade-lever-arch- injury@ec.europa.eu

If an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate General for Trade:
http://ec.europa.eu/trade/tackling-unfair-trade/ trade-defence/

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, 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 23 July 2011.

BACKGROUND

4. Definitive anti-dumping duty on imports of lever arch mechanisms originating in the Mainland of China has been imposed since 28 July 2006 for five years with duty rate in force as 47.4% of the net, free-at-Union-frontier price before duty (except for one company whose individual duty is 27.1%).

ENQUIRIES

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.



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.