Commercial Information Circulars

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

29 June 2012

Dear Sirs,

Commercial Information Circular No. 500/2012

European Union (EU)* : Registration of Imports of Certain Prepared or Preserved Citrus Fruits (Namely Mandarins, etc.) Originating in the Mainland of China

Further to the Commercial Information Circular No. 463/2012 of 19 June 2012, the European Commission ('the Commission') has published a regulation making the imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China subject to registration for 9 months from 30 June 2012. The regulation can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:169:0050:0052:EN:PDF.

DETAILS

2. On 22 March 2012, the European Court of Justice ('ECJ') declared Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China ('the definitive anti-dumping Regulation') invalid as it found that during the original proceeding the Commission had not taken all due care to determine the normal value on the basis of the price or constructed value in a market economy third country.

3. Following the ECJ judgement, the Spanish National Federation of Associations of Processed Fruit and Vegetables requested that imports of the product concerned be made subject to registration, on grounds that, inter alia, the declaration of invalidity by the ECJ of the anti-dumping measures concerned for reasons other than the absence of dumping and subsequent injury, heavily jeopardizes its viability. Considering that the request contains sufficient evidence to justify registration and that the conditions for registration are met, the Commission has adopted a regulation to make imports of the concerned products subject to registration in order to ensure that, should a reopened investigation result in findings leading to the re-imposition of anti-dumping duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively.

4. Salient points are set out below -

BACKGROUND

5. Definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Mainland of China had been imposed since 31 December 2008. The duty in force was EUR 531.2 per tonne (except for 19 companies whose individual duty rates range from EUR 361.4 per tonne to 531.2 per tonne).

6. Following a General Court of the European Union's judgement annulling the definitive anti-dumping Regulation as far as two companies are concerned, the Commission announced on 3 December 2011 to reopen the anti-dumping investigation concerning imports of the concerned products with the scope limited to the implementation of the judgement concerning the two companies.

7. Separately, as a consequence of the ECJ judgment of 22 March 2012 declaring invalid the definitive anti-dumping Regulation, imports of the concerned products into the Union are no longer subject to the anti-dumping measures imposed. Besides, the definitive anti-dumping duties paid pursuant to the definitive anti-dumping Regulation on imports of the concerned products, and the provisional duties definitively collected in accordance with the definitive anti-dumping Regulation, should be repaid or remitted. Subsequently, the Commission announced on 19 June 2012 a partial reopening of the anti-dumping investigation concerning imports of the concerned products with the scope limited to the selection of an analogue country, if any, and the determination of the normal value to be used for the calculation of any margin of dumping.

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.