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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

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

5 September 2014

Dear Sirs,

Commercial Information Circular No.809/2014

European Union (EU) * : Initiation of an Anti-dumping Proceeding Concerning Imports of Acesulfame Potassium Originating in the Mainland of China as well as Acesulfame Potassium Originating in the Mainland of China Contained in Certain Preparations and/or Mixtures

The European Commission ('the Commission') has announced the initiation of an anti-dumping proceeding on imports of acesulfame potassium originating in the Mainland of China as well as acesulfame potassium originating in the Mainland of China contained in certain preparations and/or mixtures.  The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2014_297_R_0002&from=EN.

DETAILS

2.Salient points are set out below-

(a) Date of Publication of the Notice : 4 September 2014
(b) Product Coverage :
Acesulfame potassium (potassium salt of 6-methyl-1,2,3-oxathiazin-4(3H)-one 2,2-dioxide; CAS RN 55589-62-3) originating in the Mainland of China as well as acesulfame potassium originating in the Mainland of China contained in preparations and/or mixtures comprising also other sweeteners and/or water, currently falling within CN codes ex 2106 90 92, ex 2106 90 98, ex 2934 99 90 and ex 3824 90 97.  These CN codes are given for information only.  Acesulfame potassium is also commonly referred to as Acesulfame K or Ace K.
(c) Procedures :
In view of the potentially large number of exporting producers in the Mainland of China involved in the proceeding 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, should provide information requested in Annex I to the notice in question, including their identities and contact details, turnover and sales volume, activities of their companies and 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 4 September 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 4 September 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 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 will be considered to be cooperating ('non-sampled cooperating exporting producers').  Non-sampled cooperating exporting producers wishing to claim an individual dumping margin must request a questionnaire and return it duly completed within 37 days from the date of notification of the sample selection, unless otherwise specified.

The Commission will send market economy treatment (MET) claim forms to all the exporting producers in the Mainland of China selected to be in the sample and to non-sampled cooperating exporting producers that wish to apply for an individual dumping margin, to any known association of exporting producers, and to the authorities of the Mainland of China.  Individual exporting producers in the Mainland of China which consider that market economy conditions prevail for them in respect of the manufacture and sale of the concerned product may submit a properly substantiated MET claim to this effect.  Completed MET claims must be submitted within 21 days of the date of the notification of the sample selection or of the decision not to select a sample, unless otherwise specified.

Exporting producers claiming an individual dumping margin should however be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.  Also, the Commission will assess only MET claim forms submitted by the exporting producers in the Mainland of China selected to be in the sample and by the non-sampled cooperating exporting producers whose request for an individual dumping margin has been accepted.

All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 4 September 2014, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services.  Any request to be heard 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, request must be submitted within 15 days from 4 September 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 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 notice.

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: CHAR 04/039
1049 Brussels
Belgium
E-mail:
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 4 September 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 :
Provisional measures may be imposed no later than nine months from 4 September 2014.  The investigation will be concluded within 15 months from 4 September 2014.

BACKGROUND

3.The Commission has initiated the proceeding on the basis of a complaint of dumping lodged on 22 July 2014 by Nutrinova Nutrition Specialties & Food Ingredients GmbH ('the complainant'), the sole producer of acesulfame potassium, thus representing 100 % of the total Union production of acesulfame potassium.  The complainant is said to have provided evidence that imports of the concerned product from the Mainland of China had increased overall in absolute terms and in terms of market share, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry, among other consequences.

ENQUIRIES

4. For traders involved in the exports of the subject product from the Guangdong Province, please contact Zhang Ping, Director of Trade Remedy Division, Department of Commerce of Guangdong Province, at telephone number 8620 3881 9936.  The Division is responsible for, among others, guiding and coordinating enterprises in Guangdong Province in responding to anti-dumping investigations against products from the province.

5. 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.