Commercial Information Circulars

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

1 August 2014

Dear Sirs,

Commercial Information Circular No.705/2014

European Union (EU) * : Amendment to the Council Regulation and Council Implementing Regulations Imposing a Definitive Anti-dumping Duty on Imports of Stainless Steel Fasteners and Parts Thereof Originating in, inter alia, the Mainland of China, and Extending the Anti-dumping Duty to Imports Consigned from the Philippines, whether Declared as Originating in the Philippines or Not

Further to the Commercial Information Circular No. 452/2013 of 6 June 2013, the European Commission (the Commission) has promulgated an implementing regulation to amend three Council regulations which imposed a definitive anti-dumping duty and collected definitively the provisional duty on imports of certain stainless steel fasteners and parts thereof originating in, inter alia, the Mainland of China and extended the definitive anti-dumping duty to imports consigned from the Philippines, whether declared as originating in the Philippines or not. The amending regulation, which clarifies the scope of application of the anti-dumping measures and provides the possibilities of newcomer reviews to exporting producers in Taiwan as well as repayment or remission of duties in certain cases, can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2014_228_R_0008&from=EN.

DETAILS

2.On the request of a Taiwanese exporting producer, Sheh Kai Precision Co., Ltd, the Commission initiated on 6 June 2013 a partial interim review on the anti-dumping measures applicable to imports of certain stainless steel fasteners and parts thereof originating in, inter alia, the Mainland of China. The review was limited to the examination of the product scope in order to clarify whether certain product types of stainless steel screws, in particular bi-metal fasteners (BMF), fall within the scope of the concerned measures.

3.On the basis of the findings of the investigation, it is concluded that BMF do not fall within the product scope of the original investigation and that the measures imposed by the original investigation should not have been applied to imports of BMF. In this connection, the Commission has amended the Council regulations that imposed the definitive anti-dumping duty and collected definitively the provisional anti-dumping duty imposed on imports of certain stainless steel fasteners and parts thereof originating in, inter alia, the Mainland of China and extended the definitive anti-dumping duty to imports consigned from the Philippines, whether declared as originating in the Philippines or not (i.e. Council Regulation (EC) No 1890/2005, Council Implementing Regulation (EU) No 2/2012 and Council Implementing Regulation (EU) No 205/2013) to clarify retroactively the scope of application of the definitive anti-dumping measures. Besides, new provision is added to Council Implementing Regulation (EU) No 2/2012 to accommodate newcomer review requests from exporting producers in Taiwan.

4.As the provisional duties definitely collected and the definitive anti-dumping duties paid on imports of BMF into the Union pursuant to the Council regulations should be repaid or remitted, the amending regulation also provides for making requests for repayment and remission from national customs authorities of the Union in accordance with applicable customs legislation.

5.For further details, please refer to the amending regulation which shall enter into force on 1 August 2014 and apply retroactively from 20 November 2005.

BACKGROUND

6.Definitive anti-dumping duties on certain stainless steel fasteners and parts thereof originating in, inter alia, the Mainland of China have been imposed since 20 November 2005. The current duty in force is 27.4% of the net, free-at-Union-frontier price before duty (except for two companies whose individual duty rates are 11.4% and 12.2% respectively).

7.As a result of an expiry review initiated on 19 November 2010, the definitive anti-dumping duty is maintained for further five years with effect from 8 January 2012. Consequent to a circumvention investigation, the definitive anti-dumping duty imposed on imports of certain stainless steel fasteners and parts thereof originating in the Mainland of China has been extended to imports of the same products consigned from the Philippines, whether declared as originating in the Philippines or not, with effect from 13 March 2013.

ENQUIRIES

8.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.