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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

9 March 2012

Dear Sirs,

Commercial Information Circular No. 196/2012

European Union (EU)* : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Certain Tungsten Electrodes Originating in the Mainland of China

Further to the Commercial Information Circular No. 330/2011 of 9 June 2011, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of certain tungsten electrodes 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:2012:071:0023:0031:EN:PDF.

DETAILS

Ground for the Review

2. The expiry review is initiated at the request lodged on 12 December 2011 by Eurométaux ('the applicant') on behalf of a Union producer representing a major proportion, in this case more than 50%, of the Union production of certain tungsten electrodes. According to the Commission, the applicant has provided prima facie evidence that the expiry of the measures would be likely to result in a continuation of dumping and injury. It is also alleged that imports of the product under review from the Mainland of China have continued to enter in significant quantities and, among other consequences, have a negative impact on the quantities sold, the level of prices charged and market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of 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 : 9 March 2012
(b) Product Coverage :

Tungsten welding electrodes, including tungsten bars and rods for welding electrodes, containing 94% or more by weight of tungsten, other than those obtained simply by sintering, whether or not cut to length, currently falling within CN codes ex 8101 99 10 and ex 8515 90 00 (TARIC codes 8101 99 10 10 and 8515 90 00 10).

(c) Procedures  

In view of the potentially large number of exporting producers 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 exporting producers, or representatives acting on their behalf should provide information requested in Annex A to the notice in question, including contact details, turnover and sales volume, activities of their company/related companies, and indication of agreement to possible inclusion in the sample which implies replying to a questionnaire and accepting a visit at their premises to verify their responses. Such information should reach the Commission within 15 days from 9 March 2012, unless otherwise specified.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 9 March 2012, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China and associations of exporting producers will be notified, via the authorities of the Mainland of China if considered appropriate, of the companies selected to be in the sample. All exporting producers selected to be in the sample must submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

In the previous investigation, the United States of America was used as an appropriate market economy country for the purpose of establishing normal value in respect of the Mainland of China. The Commission envisages using the United States of America again for this purpose. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 9 March 2012.

All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 9 March 2012, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services. Request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days from 9 March 2012. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

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 contact 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 (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 04/092
1049 Brussels
Belgium
Fax +32 22985353

E-mail: TRADE-R547-Tungsten-el-A@ec.europa.eu
(to be used by exporting producers, related importers, associations and representatives of the Mainland of China, producers in the market economy third country)

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 on the confidentiality of documents, requests for extension of time limits, and requests by third parties to be heard. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of investigation, the request must be submitted within 15 days from 9 March 2012. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties. 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) Investigation Schedule : Investigation will be concluded within 15 months from 9 March 2012.

BACKGROUND

4. Definitive anti-dumping duty on imports of certain tungsten electrodes originating in the Mainland of China has been imposed since 14 March 2007 with the rate of duty as 63.5% of the net, free-at-Union-frontier price before duty (except for three companies whose individual duty rates range from 17.0% to 41.0%).

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.