Commercial Information Circulars
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e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
7 June 2012
Dear Sirs,
Commercial Information Circular No. 431/2012
European Union (EU)* : Initiation of a Review of the Anti-dumping Measures on Imports of Certain Iron or Steel Fasteners Originating in the Mainland of China, Following the Recommendations and Rulings Adopted by the Dispute Settlement Body of the World Trade Organization
Further to the Commercial Information Circular No. 177/2012 of 7 March 2012, the European Commission (the Commission) has initiated a review of the anti-dumping measures on imports of certain iron or steel fasteners originating in the Mainland of China to determine whether one company fulfils the requirements to have an individual duty, following the recommendations and rulings adopted by the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) on 28 July 2011. The notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:160:0019:0021:EN:PDF.
DETAILS
Ground for the Review
2. The review is initiated at the request lodged by Bulten Fasteners (China) Co., Ltd. ('the applicant') on the grounds that it was discouraged from cooperating and requesting individual treatment in the original investigation because of the administrative burden entailed by the relevant EU regulation; and that had it cooperated with the original investigation, it would have claimed individual examination.
Review Procedures
3. Salient points of the expiry review are set out below-
| (a) Date of Publication of the Notice of Initiation | : | 6 June 2012 |
| (b) Product Coverage | : |
Certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material) and washers, falling within CN codes 7318 12 90, 7318 14 91, 7318 14 99, 7318 15 59, 7318 15 69, 7318 15 81, and 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00 (TARIC codes 7318 15 90 19, 7318 15 90 69, 7318 15 90 89, 7318 21 00 29, 7318 21 00 99, 7318 22 00 29 and 7318 22 00 99). |
| (c) Procedures | : |
In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. This information and supporting evidence should reach the Commission within 37 days from 6 June 2012, unless otherwise specified. All interested parties are invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence within 37 days from 6 June 2012, unless otherwise specified. Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard and apply to be heard by the Commission within 37 days from 6 June 2012.
Interested parties are requested to 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 accompanying questionnaire replies or any updates thereof 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 inform 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):
Commission address for correspondence:
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. 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 |
BACKGROUND
4. Definitive anti-dumping duties on certain iron or steel fasteners originating in the Mainland of China have been imposed since 1 February 2009. The current duty in force is 85.0% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 0% to 79.5%).
5. Consequent to a circumvention investigation, the anti-dumping duty has been extended with effect from 27 July 2011 to imports of the same products consigned from Malaysia, regardless of whether they are declared as originating in Malaysia or not.
6. Following the recommendations and rulings adopted by the DSB on 28 July 2011, the Commission announced on 6 March 2012 to initiate a review of the treatment accorded to certain interested parties in the fasteners anti-dumping investigation, namely those parties which consider to have been discouraged from cooperating and requesting individual treatment because of the administrative burden entailed by the relevant EU regulation, or because they considered that they did not meet the relevant criteria.
ENQUIRIES
7. 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.
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.