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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

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

31 July 2012

Dear Sirs,

Commercial Information Circular No. 593/2012
European Union (EU)* : Amendment to the Implementing Regulation Extending the Definitive Anti-dumping Duty on Imports of Certain Iron or Steel Fasteners Originating in the Mainland of China to Imports of the Same Products Consigned from Malaysia, whether Declared as Originating in the Malaysia or not, by Granting an Exemption to One Malaysian Exporting Producer

Further to Commercial Information Circulars No. 726/2011 of 18 November 2011, No. 177/2012 of 7 March 2012 and No. 431/2012 of 7 June 2012, the Council of the EU ('the Council') has published a regulation to amend the Implementing Regulation extending the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the Mainland of China to imports of the same products consigned from Malaysia, whether declared as originating in Malaysia or not ('the 2011 Implementing Regulation'), to the effect that one Malaysian producer is exempted from the extended definitive anti-dumping duty. The amending regulation can be accessed through the following link: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:203:0023:0025:EN:PDF.

DETAILS

2. Upon a request lodged by a producer in Malaysia, namely, Andfast Malaysia Sdn. Bhd. ('the applicant') for an exemption from the extended measures, the European Commission ('Commission') initiated a review by a Commission Regulation published on 16 November 2011 ('the initiating Regulation') while repealing the anti-dumping duty with regard to imports consigned from Malaysia and produced by the applicant; and directing customs authorities in the Union to take appropriate steps to register such imports. 
 

3. An investigation has subsequently been carried out. In accordance with the findings that the applicant has not engaged in circumvention practices, the Council has adopted the amending regulation to modify the 2011 Implementing Regulation to the effect that the applicant is added to the list of companies that produce certain iron or steel fasteners in Malaysia and whose imports of certain iron or steel fasteners are exempted from the application of the extended definitive anti-dumping duty.
 

4. The amending regulation, which also directs custom authorities of the Union to cease the registration imposed by the initiating Regulation and stipulates that no anti-dumping duty shall be collected on the imports thus registered, shall enter into force on 1 August 2012.

BACKGROUND

5. Definitive anti-dumping duty on certain iron or steel fasteners originating in the Mainland of China has 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%).
 

6. Consequent to a circumvention investigation, the definitive 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.
 

7. Separately, the Commission has published a notice on 6 June 2012 to initiate 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 of the World Trade Organization on 28 July 2011.

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.




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.