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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

14 June 2012

Dear Sirs,

Commercial Information Circular No. 458/2012

European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Certain Stainless Steel Fasteners and Parts Thereof Originating in the Mainland of China by Imports of Such Products Consigned from Malaysia, Thailand and the Philippines, whether Declared as Originating in Malaysia, Thailand and the Philippines or not, and Making Such Imports Subject to Registration

Further to the Commercial Information Circular No. 26/2012 of 9 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 stainless steel fasteners and parts thereof originating in the Mainland of China by imports of such products consigned from Malaysia, Thailand and the Philippines, whether declared as originating in Malaysia, Thailand and the Philippines or not. The regulation also requires imports of the products concerned 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:2012:153:0008:0011:EN:PDF.

DETAILS

2.Salient points are set out below-

(a) Date of Publication of the Notice : 14 June 2012
(b) Product Coverage :

Certain stainless steel fasteners and parts thereof, consigned from Malaysia, Thailand and the Philippines, whether declared as originating in Malaysia, Thailand and the Philippines or not, currently falling within CN codes ex 7318 12 10, ex 7318 14 10, ex 7318 15 30, ex 7318 15 51, ex 7318 15 61 and ex 7318 15 70 (TARIC codes 7318 12 10 11, 7318 12 10 91, 7318 14 10 11, 7318 14 10 91, 7318 15 30 11, 7318 15 30 61, 7318 15 30 81, 7318 15 51 11, 7318 15 51 61, 7318 15 51 81, 7318 15 61 11, 7318 15 61 61, 7318 15 61 81, 7318 15 70 11, 7318 15 70 61 and 7318 15 70 81).

(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 Malaysia, Thailand, the Philippines and the Mainland of China, to the known importers and associations of importers in the Union, and to the authorities of the Mainland of China, Malaysia, Thailand, and the Philippines. Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a questionnaire from the Commission within 15 days from 14 June 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 14 June 2012, unless otherwise specified.

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 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 4/92
1049 Brussels
Belgium

Fax +32 22984139
E-mail: TRADE-STEEL-FAST-13-A@ec.europa.eu
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 services through offering, when necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. 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 15 June 2012, imports of the products concerned into the Union are subject to registration by the EU's customs authorities. The registration shall expire nine months from 15 June 2012.

The registration is to ensure that should the investigation, which will be concluded within nine months from 14 June 2012, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports consigned from Malaysia, Thailand and the Philippines.

(e) Exemption from Registration of Imports or Measures :

Imports of the products concerned may be exempted from registration or measures if such importation does not constitute circumvention.

Producers in Malaysia, Thailand and the Philippines requesting exemption from registration of imports or measures should submit a request duly supported by evidence within 37 days from 14 June 2012.

BACKGROUND

3. Definitive anti-dumping duty on imports of certain stainless steel fasteners and parts thereof originating in, inter alia, the Mainland of China has been imposed since 20 November 2005. The rate of duty is 27.4% of the net, free-at-Union-frontier price before duty (except for two companies whose individual duty rates are 11.4% and 12.2% respectively).

4.The European Commission initiated an expiry review on 19 November 2010. As a result of the review, the definitive anti-dumping duty is maintained for a further five years with effect from 8 January 2012.

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.



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.