Commercial Information Circulars

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

4 February 2014

Dear Sirs,

Commercial Information Circular No. 109/2014

European Union (EU) * : Initiation of a Partial Interim Review of the Anti-dumping Measures Imposed on Imports of Ceramic Tiles Originating in the Mainland of China

Further to the Commercial Information Circulars Nos. 553/2011 of 15 September 2011 and 498/2012 of 29 June 2012, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures applicable to imports of ceramic tiles originating in the Mainland of China, in respect of two companies. The notice can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2014:028:0011:0014:EN:PDF.

DETAILS

Ground for the Review

2.The partial interim review is initiated at the request lodged by exporting producers from the Mainland of China, Foshan Gani Ceramic Co., Ltd and Qingyang Gani Ceramic Co., Ltd (Gani Group) alleging that the shareholding relationship with its allegedly former related companies, namely, Dongguan City Wonderful Ceramics Industrial Park Co., Ltd and Guangdong Jiamei Ceramics Co., Ltd (Wonderful Group) had ceased, thus the continued imposition of the measures at the existing level which was the level of dumping previously established for the group of companies as a whole comprising both Gani Group and Wonderful Group, appeared to no longer reflect the current situation in order to offset the effects of injurious dumping as previously established.

3.As the alleged change of circumstances concerns Wonderful Group as well, the ex officio initiation of a review concerning Wonderful Group is considered justified. After consulting the Advisory Committee and having determined that sufficient evidence exists to justify the initiation of a partial interim review, the Commission has initiated the review to examine the ownership structure and, if warranted, the dumping as far as Gani Group and Wonderful Group are concerned. The investigation will also assess the need for the continuation, removal or amendment of the existing measures in respect of the two companies.

Review Procedures

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

(a) Date of Publication of the Notice	:	31 January 2014
(b) Product Coverage	:	Glazed and unglazed ceramic flag and paving, hearth or wall tiles; glazed and unglazed ceramic mosaic cubes and the like, whether or not on a backing, currently falling within CN codes 6907 10 00, 6907 90 20, 6907 90 80, 6908 10 00, 6908 90 11, 6908 90 20, 6908 90 31, 6908 90 51, 6908 90 91, 6908 90 93 and 6908 90 99.
(c) Procedures	:	In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaire to the two companies concerned in the Mainland of China. The two companies concerned must submit the completed questionnaire within 37 days from 31 January 2014, unless otherwise specified. The Commission will also send MET claim forms to the two companies concerned. If they claim MET, they must submit the completed MET claim form within 21 days from 31 January 2014, unless otherwise specified. In the previous investigation, the United States of America were 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 the United States of America. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 31 January 2014. All interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 31 January 2014, unless otherwise specified. They may also request to be heard by the Commission investigation services. Any request to be heard must 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 31 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 MET claim forms or 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/trade/tackling-unfair-trade/trade-defence. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: N105 08/020 1049 Brussels Belgium Fax: +32 2295 6505 E-mail: TRADE-R586-Ceramic-Tiles@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. 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 31 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 31 January 2014.

BACKGROUND

5.Definitive anti-dumping duty on imports of ceramic tiles originating in the Mainland of China has been imposed since 16 September 2011. The current duty in force is 69.7% of the net, free-at-Union-frontier price before duty (except for a number of companies whose individual duty rates range from 26.3% to 36.5%).

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.