Commercial Information Circulars
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Ref : EIC 230/2/3/2/13
10 October 2012
Dear Sirs,
Commercial Information Circular No. 809/2012
European Union (EU)* : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Peroxosulphates (Persulphates) Originating in the Mainland of China
Further to the Commercial Information Circular No. 777/2011 of 8 December 2011, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of peroxosulphates (persulphates) originating in the Mainland of China. The notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:305:0015:0023:EN:PDF.
DETAILS
Ground for the Review
2.The expiry review is initiated at the request lodged on 29 June 2012 by RheinPerChemie GmbH & Co. KG and United Initiators GmbH & Co. KG (the applicants) on behalf of producers representing 100 % of the total Union production of peroxosulphates. According to the Commission, the applicants have provided evidence that, should the measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of significant unused capacity in the Mainland of China. It is alleged that the removal of injury has been mainly due to the existence of the measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of injury to the Union industry should the measures be allowed to lapse.
Review Procedures
3.Salient points of the expiry review are set out below-
| (a) Date of Publication of the Notice of Initiation | : | 10 October 2012 |
| (b) Product Coverage | : | Peroxosulphates (persulphates), including potassium peroxymonosulphate, currently falling within CN codes 2833 40 00 and ex 2842 90 80 (TARIC code 2842 90 80 20) |
| (c) Procedures | : |
In view of the potentially large number of exporting producers in the Mainland of China involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, should provide information requested in Annex A to the notice in question, including contact details, turnover and sales volume, activities of their company/related companies, and indication of agreement to possible inclusion in the sample which involves completing a questionnaire and accepting a visit at their premises to verify their responses. Such information should reach the Commission within 15 days from 10 October 2012, unless otherwise specified. All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 10 October 2012, unless otherwise specified. If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China and associations of exporting producers will be notified, via the authorities of the Mainland of China if considered appropriate, of the companies selected to be in the sample. All exporting producers selected to be in the sample, any known association of exporting producers and the authorities of the Mainland of China must submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified. In the previous investigations Turkey was used as a market economy third countries for the purpose of establishing normal value in respect of the Mainland of China. The Commission envisages using again Turkey for the purpose of the current investigation. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 10 October 2012. All interested parties may make their views known, submit information and provide supporting evidence to the Commission within 37 days from 10 October 2012, unless otherwise specified. All interested parties may request to be heard by the Commission investigation services. Request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days from 10 October 2012. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.
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 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 contact the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade (DG Trade): Commission address for correspondence:
European Commission
Contact for dumping:
Interested parties may request the intervention of the Hearing Officer for the 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. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of investigation, the request must be submitted within 15 days from 10 October 2012. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade |
| (d) Investigation Schedule | : | Investigation will be concluded within 15 months from 10 October 2012. |
BACKGROUND
4.Definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in, inter alia, the Mainland of China has been imposed since 12 October 2007. The current rate of duty is 71.8% of the net, free-at-Community-frontier price before duty (except for 2 companies whose individual duty rates are 0% and 24.5%).
ENQUIRIES
5.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5350.
Yours faithfully,
(Leo LEUNG)
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 ：
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