Commercial Information Circulars

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

30 January 2014

Dear Sirs,

Commercial Information Circular No. 107/2014

European Union (EU) * : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Certain Iron or Steel Fasteners Originating in the Mainland of China

Further to the Commercial Information Circular No. 406/2013 of 28 May 2013, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of certain iron or steel fasteners 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:2014:027:0015:0023:EN:PDF.

DETAILS

Ground for the Review

2.The expiry review is initiated at the request lodged on 1 October 2013 by the European Industrial Fasteners Institute (the applicant) on behalf of producers representing more than 25% of the total Union production of certain iron or steel fasteners.

3.According to the Commission, the applicant has, inter alia, provided sufficient prima facie evidence that, should the measures be allowed to lapse, the current import level of the product under review from the Mainland of China to the Union is likely to increase at injurious price levels. It is also 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 Mainland of China would likely lead to a recurrence of injury to the Union industry should the measures be allowed to lapse.

Review Procedures

4.Salient points of the expiry review are set out below-

(a) Date of Publication of the Notice of Initiation	:	30 January 2014
(b) Product Coverage	:	Certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers.
(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, are requested to provide information requested in Annex I to the notice, including their identities and contact details, turnover and sales volume, activities of their companies/related companies, and indication of agreement to their possible inclusion in the sample which will involve completing a questionnaire and accepting a visit at their premises in order to verify their responses. Such information should reach the Commission within 15 days from 30 January 2014, 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 30 January 2014, 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 of the companies selected to be in the sample. All exporting producers selected to be in the sample and any known association of exporting producers will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified. Companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating ('non-sampled cooperating exporting producers'). In the previous investigation, India was used as a market economy third country for the purpose of establishing normal value in respect of the Mainland of China. For the purpose of the current investigation, the Commission envisages using again India. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 30 January 2014. Subject to the provisions of the notice, all interested parties are invited to make their views known, submit information and provide supporting evidence to the Commission within 37 days from 30 January 2014, unless otherwise specified. All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must 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 30 January 2014. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. Interested parties are required to 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. 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/commission_2010-2014/degucht/contact/hearing-officer/. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: N105 08/020 1049 Brussels Belgium E-mail: TRADE-HPT-DUMPING@ec.europa.eu Interested parties may request the intervention of the Hearing Officer for 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 hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days from 30 January 2014. For further information and contact details, interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/.
(d) Investigation Schedule	:	The investigation will be concluded within 15 months from 30 January 2014.

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. Consequent to a circumvention investigation, the 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. As a result of two reviews initiated in March 2012 and June 2012, the applicable rate of the definitive anti-dumping duty has been amended to 74.1% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 0% to 69.7%).

ENQUIRIES

6.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Stella CHAN)

for Director-General of Trade and Industry

*The EU includes Austria, Belgium, Bulgaria, Croatia, 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.