Commercial Information Circulars

24-hour hotline : 23 922 922

Ref : 230/2/3/2/13

15 May 2014

Dear Sirs,

Commercial Information Circular No. 448/2014

European Union (EU) * : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Certain Candles, Tapers and the like Originating in the Mainland of China

Further to Commercial Information Circular No. 750/2013 of 19 September 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 candles, tapers and the like originating in the Mainland of China. The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2014_144_R_0005&from=EN.

DETAILS

Ground for the Review

2.The expiry review is initiated at the request lodged on 14 February 2014 by candles producers in the EU ('the applicants') representing more than 25% of the total Union production of certain candles, tapers and the like.

3.According to the Commission, the applicants have provided 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 is likely to increase at an injurious price level. It is also alleged that the partial removal of injury has been mainly due to the existence of the measures and that any further substantial increase in 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	:	14 May 2014
(b) Product Coverage	:	Candles, tapers and the like, other than memory lights and other outdoor burners, currently falling within CN code ex 3406 00 00. For the purposes of the review, "memory lights and other outdoor burners" means candles, tapers and the like which have one or more of the following characteristics: - their fuel contains more than 500 ppm of toluene; - their fuel contains more than 100 ppm benzene; - they have a wick with a diameter of at least 5 mm; - they are individually contained in a plastic container with vertical walls of at least 5 cm in height.
(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 14 May 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 14 May 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, the prices actually paid or payable in the Union for the like product were used 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 Brazil as a market economy third country. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 14 May 2014. According to the information available to the Commission, other market economy suppliers of the Union may be located in, inter alia, Thailand, USA, Dominican Republic and Malaysia. The Commission will examine whether there is production and sales of the concerned product in those market economy third countries for which there are indications that production of the product under review is taking place. 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 14 May 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 14 May 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 invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document 'CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES' published on the website of the Directorate - General for Trade (DG Trade): http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. They must indicate their name, address, telephone and a valid e-mail address and should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by other means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to in the notice. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: N105 08/020 1049 Brussels Belgium E-mail: TRADE-CANDLES-REVIEW-INJURY@EC.EUROPA.EU TRADE-CANDLES-REVIEW-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 14 May 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 14 May 2014.

BACKGROUND

5.Definitive anti-dumping duty on certain candles, tapers and the like originating in the Mainland of China has been imposed since 15 May 2009. The current applicable amount of duty is EUR 549.33 per tonne of fuel (except for a number of companies whose applicable amounts of duty range from EUR 0 per tonne of fuel to EUR 367.09 per tonne of fuel).

ENQUIRIES

6.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, 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.

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.
Note 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.