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

11 May 2012

Dear Sirs,

Commercial Information Circular No. 345/2012

European Union (EU)* : Amendment to the Implementing Regulation Imposing a Definitive Anti-dumping Duty on Imports of Sodium Cyclamate Originating in, inter alia, the Mainland of China

Further to Commercial Information Circular No. 112/2011 of 17 February 2011, the Council of the EU (the Council) has published a regulation to amend the Implementing Regulation imposing a definitive anti-dumping duty on imports of sodium cyclamate originating in, inter alia, the Mainland of China (Implementing Regulation). The amending regulation can be accessed through the following link: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:124:0001:0010:EN:PDF.

DETAILS

2.On 17 February 2011, the European Commission (the Commission) announced by a Notice the initiation of a partial interim review on imports of sodium cyclamate originating in the Mainland of China limited to the examination of dumping as far as one company, namely, Golden Time Enterprise (Shenzhen) Co., Ltd ('GT Enterprise'), a member of the Rainbow Rich group, is concerned. The Notice provided, inter alia, that if it is determined that measures should be removed or amended for GT Enterprise, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from other companies in the Mainland of China not specifically mentioned in the Implementing Regulation.

3.The current review revealed, inter alia, that the situation of the company concerned changed since the original investigation. It was found that GT Enterprise no longer meets all market economy treatment (MET) criteria. Furthermore, compared to the original investigation the Rainbow Rich group had been enlarged and restructured. The other companies within the group that submitted claim forms could not demonstrate either that they meet all MET criteria.

4.In view of the current review's findings of increased dumping as well as the lasting nature of the changed circumstances, the Council considered that the existing measures are no longer sufficient to counteract the dumping which is causing injury, and the measures imposed on imports of sodium cyclamate originating in the Mainland of China should therefore be modified from EUR 0.11 to EUR 0.23 per kilogramme for GT Enterprise, and the same duty should be imposed to another exporting producer within the Rainbow Rich group.

5.The amending regulation shall enter into force on 12 May 2012.

BACKGROUND

6.Definitive anti-dumping duty on sodium cyclamate originating in, inter alia, the Mainland of China was first imposed with effect from 12 March 2004 for five years with duty rate of EUR 0.26 per kilogramme (except for three companies with individual duty rates ranging from EUR 0 to EUR 0.11 per kilogramme).

7.At the request of a complaint, the Commission initiated an expiry review on 10 March 2009. As a result of the review, the definitive anti-dumping duty on sodium cyclamate originating in, inter alia, the Mainland of China has been maintained with effect from 9 June 2010 for another five years.

ENQUIRIES

8.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.