Commercial Information Circulars

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

15 December 2011

Dear Sirs,

Commercial Information Circular No. 805/2011

European Union (EU)* : Results of a Partial Reopening of the Anti-dumping Investigation on Imports of Certain Compressors Originating in the Mainland of China

Further to the Commercial Information Circular No. 195/2011 of 30 March 2011, the Council of the EU has published a regulation (the "Regulation") clarifying the scope of the definitive anti-dumping duty imposed on imports of certain compressors originating in the Mainland of China consequent to a partial reopening of the anti-dumping investigation. The Regulation can be accessed through the following link : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:332:0001:0005:EN:PDF.

DETAILS

2. On 30 March 2011, the European Commission (the Commission) on its own initiative reopened the original investigation on which the anti-dumping measures were based as information at the Commission's disposal indicated that mini-compressors appeared to be distinct from the other compressors subject to the measure concerned. The investigation was limited to the examination of the scope of certain product types.

3. The investigation revealed that mini-compressors and other compressors subject to the anti-dumping measure concerned do not share the same basic physical and technical characteristics and end-uses. They have different end-uses, target different markets and are in principle not interchangeable. In addition, mini-compressors were not investigated in the framework of the original investigation. On this basis, it is concluded that mini-compressors and other compressors are two different products. As a result, the Council has decided to amend the product scope as follows :

'Reciprocating compressors (excluding reciprocating compressor pumps), giving a flow not exceeding 2 cubic metres per minute, falling within CN codes ex 8414 40 10, ex 8414 80 22, ex 8414 80 28 and ex 8414 80 51, (TARIC codes 8414 40 10 10, 8414 80 22 19, 8414 80 22 99, 8414 80 28 11, 8414 80 28 91, 8414 80 51 19 and 8414 80 51 99). So-called mini-compressors, i.e. compressors without a tank and capable of operating on a 12 V power supply and falling within the abovementioned CN codes shall not be covered by the definitive anti-dumping duty'.

4. Since mini-compressors did not fall within the scope of the original investigation, the anti-dumping duty should not have been applied to imports of mini-compressors. For goods not covered by the above scope, the definitive anti-dumping duty paid or entered into the accounts shall be repaid or remitted. Repayment and remission shall be requested from national customs authorities in accordance with applicable customs legislation.

5. The Regulation enters into force on 16 December 2011 and applies retroactively from 21 March 2008.

BACKGROUND

6. Definitive anti-dumping duty on imports of certain compressors originating in the Mainland of China was imposed with effect from 21 March 2008 at a rate of 77.6% of the net, free-at-Union-frontier price before duty (except for 14 companies whose individual duty rates range from 10.6% to 77.6%). The anti-dumping measures expired on 21 March 2010.

ENQUIRIES

7. 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.