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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

26 June 2012

Dear Sirs,

Commercial Information Circular No. 486/2012

European Union (EU)* :Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Gas-fuelled, Non-refillable Pocket Flint Lighters Originating in the Mainland of China by Imports of Such Products Consigned from Vietnam, Whether Declared as Originating in Vietnam or not, and Making Such Imports Subject to Registration

Further to the Commercial Information Circular No. 314/2012 of 2 May 2012, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on gas-fuelled, non-refillable pocket flint lighters originating in the Mainland of China by imports of such products consigned from Vietnam, whether declared as originating in Vietnam 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:2012:165:0037:0040:EN:PDF.

 

DETAILS

2. Salient points are set out below -

(a) Date of Publication of the Notice : 26 June 2012
(b) Product Coverage :

Gas-fuelled, non-refillable pocket flint lighters, consigned from Vietnam, whether declared as originating in Vietnam or not, currently falling within CN codes ex 9613 10 00 (TARIC code 9613 10 00 12).

(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 Vietnam 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 and Vietnam. Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 26 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 26 June 2012, unless otherwise specified.

Interested parties should make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must 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 2 29 93988
E-mail: trade-lighters-circumvention@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 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. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised. 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 27 June 2012, imports of the products concerned are subject to registration by the EU's customs authorities. The registration shall expire nine months from 27 June 2012.

The registration is to ensure that should the investigation, which will be concluded within nine months from 26 June 2012, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports consigned from Vietnam was imposed.

(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 Vietnam requesting exemption from registration of imports or measures should submit a request duly supported by evidence within 37 days from 26 June 2012, unless otherwise specified.

BACKGROUND

3. Definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the Mainland of China has been imposed since 29 November 1991 at a rate of 16.9%. Subsequently, the Council of the EU revised the definitive anti-dumping duty rate to EUR 0.065 per lighter on 5 May 1995 consequent to a review. Following an anti-circumvention investigation, such anti-dumping duty has since 30 January 1999 been extended to (a) gas-fuelled, non-refillable pocket flint lighters consigned from or originating in Chinese Taipei; and (b) certain gas-fuelled, refillable pocket flint lighters originating in the Mainland of China or consigned from or originating in Chinese Taipei. Subsequent to an expiry review, the definitive anti-dumping duty imposed on the products concerned was extended for another five years starting from 19 September 2001. Following another expiry review initiated in September 2006, the definitive anti-dumping duty imposed on the products concerned has been maintained for a further five years starting from 13 December 2007.

ENQUIRIES

4.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.