Commercial Information Circulars

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e-mail address : enquiry@tid.gov.hk

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

26 March 2012

Dear Sirs,

Commercial Information Circular No. 233/2012

European Union (EU)* : Notice Regarding the Ruling of the Dispute Settlement Body of the World Trade Organization Adopted on 28 July 2011 - Invitation of Applications for Reviews of Certain Anti-dumping Measures in Force

The European Commission (the Commission) has published a notice to invite applications from exporting producers in non-market economy countries for reviews of certain anti-dumping measures in force in the light of the legal interpretations contained in the ruling of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) adopted on 28 July 2011. The notice can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:086:0005:0011:EN:PDF.

DETAILS

2.On 28 July 2011, the DSB adopted an Appellate Body report and a Panel report as modified by the Appellate Body report on the case 'European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China', and concluded that Article 9(5) of Council Regulation (EC) No 1225/2009 (the Basic Regulation) was inconsistent with certain provisions of the WTO Agreements. Following the reports, the Commission intends to consider applications for reviews of certain anti-dumping measures in force from exporting producers in non-market economy countries which consider that such measures should be reviewed in the light of the legal interpretations regarding Article 9(5) of the Basic Regulation contained in the reports.

3.To be admissible, an application for review shall –

1. state that the anti-dumping measure to which the applicant's exports to the Union are subject is based on:
   • the applicant was denied individual treatment in accordance with the provisions of Article 9(5) of the Basic Regulation; or
   • the applicant considers that it was discouraged from cooperating and requesting individual treatment in the investigation leading to the adoption of the anti-dumping measures because of the administrative burden imposed by Article 9(5) of the Basic Regulation or because it considered that it did not meet all criteria required by Article 9(5) of the Basic Regulation; and
2. contain information on export quantities to the Union and export prices and comparison within the meaning of the relevant provision of Basic Regulation covering the investigation period on the basis of which the applicable anti-dumping duty was based.

5.Any written application for a review shall be addressed to :

European Commission 
Directorate-General for Trade
Directorate H
Office: N105 04/092
1049 Brussels
Belgium
Fax +32 22956505
E-mail: TRADE-Defence-complaints@ec.europa.eu

ENQUIRIES

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

Yours faithfully,

(Ms Wendy LAU)

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.