Commercial Information Circulars

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

15 January 2014

Dear Sirs,

Commercial Information Circular No. 60/2014

European Union (EU) * : Initiation of a "New Exporter" Review of the Definitive Anti-dumping Measures on Imports of Hand Pallet Trucks and Their Essential Parts Originating in the Mainland of China

Further to the Commercial Information Circular No. 312/2013 of 24 April 2013, the European Commission (the Commission) has promulgated a regulation to initiate a "new exporter" review of the definitive anti-dumping measures imposed on imports of hand pallet trucks and their essential parts originating in the Mainland of China which are produced and sold for export to the Union by one exporting producer in the Mainland of China. The regulation, which also repeals the existing anti-dumping duty with regard to the imports under review and makes such imports subject to registration, can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2014:010:0011:0014:EN:PDF.

DETAILS

Ground for the Review

2.The "new exporter" review is initiated at the request by an exporting producer in the Mainland of China, Ningbo Logitrans Handling Equipment Co., Ltd. (the applicant) claiming that it operates under market economy conditions, that it did not export the product concerned to the Union during the period of investigation on which the anti-dumping measures were based (i.e. 1 April 2003 to 31 March 2004), that it is not related to any of the exporting producers subject to the definitive anti-dumping measures, and that it has begun exporting the product under review to the Union after the end of the original investigation period.

3.Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a "new exporter" review with a view to determining the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product under review into the Union shall be subject.

Review Procedures

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

(a) Date of Publication of the Notice	:	15 January 2014
(b) Product Coverage	:	Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 (TARIC codes 8427 90 00 11 and 8427 90 00 19) and ex 8431 20 00 (TARIC codes 8431 20 00 11 and 8431 20 00 19), produced and sold for export to the Union by the applicant.
(c) Procedures	:	In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit a reply to the questionnaire or any information to be taken into account within 37 days from 16 January 2014 unless otherwise specified. They may also apply to be heard by the Commission by making a request in writing within the same 37-day time-limit showing that there are particular reasons why they should be heard. The Commission will also send a market economy treatment (MET) claim form to the applicant as well as to the authorities of the Mainland of China. Duly substantiated claim for MET must reach the Commission within 37 days from 16 January 2014. In the event that the applicant is not granted market economy treatment, the Commission envisages using Brazil as a market economy third country for the purpose of establishing normal value for the Mainland of China. Parties to the investigation wanting to comment on the appropriateness of this choice must submit their comments within 10 days from 16 January 2014. 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/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 E-mail: TRADE-HPT-DUMPING@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 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 nine months from 15 January 2014.

5.In connection with the initiation of the "new exporter" review, the definitive anti-dumping duty in force with regard to the imports of hand pallet trucks and their essential parts originating in the Mainland of China, produced and sold for export to the Union by the applicant is repealed. Such imports are made subject to registration so that anti-dumping duties can be levied from the date of registration of these imports should the review result in a finding of dumping in respect of the applicant. The registration shall expire for nine months from 16 January 2014.

BACKGROUND

6.Definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the Mainland of China was initially imposed with effect from 22 July 2005 for five years. Consequent to a circumvention investigation, the anti-dumping duty has been extended from 17 June 2009 to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not. As a result of an expiry review, the definitive anti-dumping duty has been maintained with effect from 14 October 2011 for another five years. Following a partial interim review, the applicable rate of anti-dumping duty has become 70.8% of the net, free-at-Union-frontier price before duty (including the individual duty rate for one company at 70.8%) from 25 April 2013.

ENQUIRIES

7.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.