relative file path for layout
Skip to main content  Skip to search  Skip to main menu
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

6 July 2012

Dear Sirs,

Commercial Information Circular No. 521/2012

European Union (EU)* : Initiation of an Investigation Concerning the Possible Circumvention of Anti-dumping Measures Imposed on Imports of Silicon Originating in the Mainland of China by Imports of Silicon Consigned from Taiwan, whether Declared as Originating in Taiwan or not, and Making Such Imports Subject to Registration

Further to the Commercial Information Circular No. 244/2010 of 31 May 2010, the European Commission (the Commission) has published a regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on silicon originating in the Mainland of China by imports of such products consigned from Taiwan, whether declared as originating in Taiwan or not. The regulation also requires such imports 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:2012:176:0050:0053:EN:PDF.

DETAILS

2. Salient points are set out below-

(a) Date of Publication of the Notice : 6 July 2012
(b) Product Coverage :

Silicon (silicon content less than 99,99% by weight) consigned from Taiwan, whether declared as originating in Taiwan or not, currently falling within CN code ex 2804 69 00 (TARIC code 2804 69 00 20).

(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 Taiwan 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 Taiwan. 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 6 July 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 6 July 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 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 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 52372
E-mail: trade-silicon-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 7 July 2012, imports of the products concerned are subject to registration by the EU's customs authorities. The registration shall expire nine months from 7 July 2012.

The registration is to ensure that should the investigation, which will be concluded within nine months from 6 July 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 Taiwan is imposed.

(e) Exemption from Registration of Imports or Measures :

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

Producers in Taiwan requesting exemption from registration of imports or measures must submit a request duly supported by evidence within 37 days from 6 July 2012.

BACKGROUND

3. Definitive anti-dumping duty on silicon originating in the Mainland of China was first imposed since 17 December 1997. Subsequent to an expiry review conducted in 2004, the duty was revised to 49% of the net, free-at-Union-frontier price before duty and maintained for five years.

4. Consequent to a circumvention investigation, the definitive anti-dumping duty on imports of silicon originating in the Mainland of China was extended to imports of the same products consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, with effect from 20 January 2007.

5. As a result of an expiry review and an interim review initiated on 4 March 2009, the definitive anti-dumping measures duty imposed on imports of silicon originating in the Mainland of China, as extended to imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, has been maintained for another five years with effect from 30 May 2010, and the rate of duty become 19% of the net, free-at-Union-frontier price before duty (except for one company whose individual duty rate is 16.3%).

6. Arising from a request lodged on 15 May 2012 by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) on behalf of producers representing 100% of the Union production of silicon, the Commission has announced on 6 July 2012 to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on silicon originating in the Mainland of China by imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not, and to require such imports subject to registration.

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.