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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

18 November 2011

Dear Sirs,

Commercial Information Circular No. 726/2011

European Union (EU)* : Initiation of a Review of the Anti-dumping Measures Imposed on Imports of Certain Iron or Steel Fasteners Originating in the Mainland of China and Extended to Imports of the Same Product Consigned from Malaysia, whether Declared as Originating in Malaysia or not for the Purpose of Determining the Possibility of Granting an Exemption to One Malaysian Exporter

Further to the Commercial Information Circular No. 440/2011 of 26 July 2011, the European Commission (the Commission) has published a regulation to initiate a review of the anti-dumping measures imposed on imports of certain iron or steel fasteners originating in the Mainland of China and extended to imports of the same products consigned from Malaysia in order to establish whether the imports of certain iron or steel fasteners consigned from a producer in Malaysia should be subject to the anti-dumping duty imposed. The regulation can be accessed through the following link : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:297:0053:0056:EN:PDF

DETAILS

2. The review is initiated at the request lodged by Andfast Malaysia Sdn. Bhd. (the applicant) alleging that it did not export the product concerned to the EU during the investigation period used in the investigation that led to the extended measures (i.e. 1 January 2008 to 30 September 2010), that it is not related to exporting producers subject to measures, and that it has not circumvented the measures applicable to certain iron or steel fasteners of Chinese origin. The applicant further alleges that it has begun exporting the product concerned to the Union after the end of the investigation period used in the investigation that led to the extended measures.

Review Procedure

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

(a) Date of Publication of the Notice of Initiation : 15 November 2011
(b) Product Coverage :

Certain iron or steel fasteners, other than of stainless steel, including wood screws (excluding coach screws), self- tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, currently falling within CN codes ex 7318 12 90, ex 7318 14 91, ex 7318 14 99, ex 7318 15 59, ex 7318 15 69, ex 7318 15 81, ex 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00 (TARIC codes 7318 12 90 11, 7318 12 90 91, 7318 14 91 11, 7318 14 91 91, 7318 14 99 11, 7318 14 99 91, 7318 15 59 11, 7318 15 59 61, 7318 15 59 81, 7318 15 69 11, 7318 15 69 61, 7318 15 69 81, 7318 15 81 11, 7318 15 81 61, 7318 15 81 81, 7318 15 89 11, 7318 15 89 61, 7318 15 89 81, 7318 15 90 21, 7318 15 90 71, 7318 15 90 91, 7318 21 00 31, 7318 21 00 95, 7318 22 00 31 and 7318 22 00 95), consigned from Malaysia and produced by the applicant (TARIC additional code B265).

(c) Procedures :

All interested parties should make their views known in writing and provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.

Interested parties, if their representations are to be taken into account during the investigation, must make themselves known to the Commission, present their views in writing and submit any other information within 37 days from 15 November 2011, unless otherwise specified. They may also apply in writing to be heard by the Commission within 37 days from 15 November 2011.

For this investigation, the Commission will use an electronic document management system. Interested parties should 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, signed certifications, and any updates thereof, accompanying questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. 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/.

Commission address for correspondence :
European Commission
Directorate-General for Trade
Directorate H
Office: N105 04/092
1049 Brussels
BELGIUM
Fax (+32 2) 295 65 05

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 the Directorate-General for Trade, who acts as an interface between the interested parties and the Commission services, offering, 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 DG Trade's website:
http://ec.europa.eu/trade/tackling- unfair-trade/hearing-officer/.

4. With the initiation of the above review, the Commission has also decided to repeal the anti-dumping duty imposed on the imports from the applicant and take steps to register the imports in relation to the applicant for a period of nine months from 15 November 2011.

BACKGROUND

5. Definitive anti-dumping duties on certain iron or steel fasteners originating in the Mainland of China have been imposed since 1 February 2009. The current duty in force is 85.0% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 0% to 79.5%).

6. Consequent to the separate circumvention investigation, the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the Mainland of China was extended to imports of the same products consigned from Malaysia, whether declared as originating in Malaysia or not (details can be found in Commercial Information Circulars No. 440/2011 of 26 July 2011).

ENQUIRIES

7. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5556.

Yours faithfully,

(Miss Anita WONG)
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.