Commercial Information Circulars

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Ref : 230/2/3/2/13

2 July 2014

Dear Sirs,

Commercial Information Circular No.628/2014

European Union (EU) * : Initiation of a "New Exporter" Review of the Definitive Anti-dumping Measures Imposed on Imports of Trichloroisocyanuric Acid Originating in the Mainland of China

Further to the Commercial Information Circular No. 500/2014 of 28 May 2014, the European Commission (the Commission) has promulgated an implementing regulation to initiate a "new exporter" review of the anti-dumping measures imposed on imports of trichloroisocyanuric acid originating in the Mainland of China produced and sold for export to the Union by one exporting producer in the Mainland of China. The implementing regulation, which also repeals the existing anti-dumping duty with regard to such imports and makes such imports subject to registration, can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2014_192_R_0007&from=EN.

DETAILS

Ground for the Review

2.The "new exporter" review is initiated at the request by one exporting producer in the Mainland of China, namely, Juancheng Kangtai Chemical Co. Ltd. ("the applicant") alleging that it did not export the concerned product 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 anti-dumping measures, and that it has begun exporting the concerned product to the Union only 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 which its imports of the concerned product into the Union shall be subject to.

Review Procedures

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

(a) Date of Publication of Implementing Regulation	:	1 July 2014
(b) Product Coverage	:	Trichloroisocyanuric acid and preparations thereof, also referred to as "symclosene" under the international non-proprietary name (INN), falling within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933 69 80 70 and 3808 94 20 20).
(c) Procedures	:	In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. All 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 2 July 2014, unless otherwise specified. The Commission envisages using Japan as a market economy third country for the purpose of, inter alia, establishing normal value in respect of the Mainland of China. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 2 July 2014. 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 2 July 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. Their use of e-mail will constitute an agreement for the communication by e-mail and acceptance of the rules specified in the communication instructions with interested parties which are 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 valide-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 another 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 implementing regulation. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: 105 8/21 1049 Brussels Belgium E-mail: trade-tcca-review-bis@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 2 July 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 nine months from 2 July 2014.

5.In connection with the initiation of the "new exporter" review, the definitive anti-dumping duty in force is repealed with regard to imports of the concerned products which are produced and sold for export to the Union by the applicant. Such imports are made subject to registration for nine months from 2 July 2014 so that anti-dumping duties could be levied retroactively should the review result in a finding of dumping in respect of the applicant.

BACKGROUND

6.Definitive anti-dumping duty on trichloroisocyanuric acid originating in the Mainland of China has been imposed since 8 October 2005. As a result of an expiry review initiated on 6 October 2010, the definitive anti-dumping duty has been maintained for five years with effect from 31 December 2011. Following the completion of a previous "new exporter" review in May 2014, the duty in force has become 42.6% of the net, free-at-Union-frontier price before duty (except for five companies whose individual duty rates range from 3.2% to 40.5%).

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.

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.