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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

20 December 2012

Dear Sirs,

Commercial Information Circular No. 1078/2012

European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Certain Molybdenum Wires Originating in the Mainland of China by Imports of Certain Slightly Modified Molybdenum Wires Originating in the Mainland of China, and Making Such Imports Subject to Registration

Further to the Commercial Information Circular No. 42/2012 of 12 January 2012, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on certain molybdenum wires originating in the Mainland of China by imports of certain slightly modified molybdenum wires, containing by weight 97% or more but less than 99.95% of molybdenum originating in the Mainland of China. The regulation also requires such imports to be subject to registration. The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:350:0051:0054:EN:PDF.

DETAILS

2.Salient points are set out below -

(a) Date of Publication of the Regulation: 20 December 2012
(b) Product Coverage: Molybdenum wires, containing by weight 97% or more but less than 99.95% of molybdenum, of which the maximum cross-sectional dimension exceeds 1.35 mm but does not exceed 4.0 mm, currently falling within CN code ex 8102 96 00 (TARIC code 8102 96 00 30).
(c) Procedures:

In order to obtain necessary information for the investigation, the Commission will send questionnaires to the known exporters/producers and associations of exporters/producers in the Mainland of China, to the known importers and associations of importers in the Union, and to the authorities of the Mainland of China. Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 20 December 2012.

All interested parties must make themselves known by contacting the Commission, present their views in writing, submit questionnaire replies or any other information and apply to be heard by the Commission within 37 days from 20 December 2012, unless otherwise specified.

Interested parties should make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must 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 the Directorate-General for Trade (DG 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 08/20
1049 Brussels
Belgium

Fax + 32 2298 6287
E-mail:TRADE-MW-CIRCUMVENTION@ec.europa.

Interested parties may request the intervention of the Hearing Officer of DG Trade, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time-limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. 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/tackling-unfair-trade/hearing-
officer/index_en.htm
.

(d) Registration of Imports:

With effect from 21 December 2012, imports of the product under investigation are subject to registration by the EU's customs authorities. The registration shall expire nine months from 21 December 2012.

The registration is to ensure that should the investigation, which will be concluded within nine months from 20 December 2012, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports is imposed.

(e) Exemption from Registration of Imports or Measures: Imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention. Producers in the Mainland of China requesting exemption from registration of imports or measures must submit a request duly supported by evidence within 37 days from 20 December 2012.

BACKGROUND

3.Definitive anti-dumping duties on certain molybdenum wires originating in the Mainland of China have been imposed since 17 June 2010. The current duty in force is 64.3% of the net, free-at-Union-frontier price before duty. Consequent to a circumvention investigation, the definitive anti-dumping duty has been extended with effect from 13 January 2012 to imports of the same products consigned from Malaysia, regardless of whether they are declared as originating in Malaysia or not.

ENQUIRIES

4.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Stella CHAN)
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.