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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

24 September 2014

Dear Sirs,

Commercial Information Circular No. 856/2014

European Union (EU) * : Initiation of a Partial Interim Review of the Anti-dumping Measures Imposed on Imports of Certain Open Mesh Fabrics of Glass Fibres Originating in the Mainland of China, as Extended to Imports Consigned from India, whether Declared as Originating in India or not

Further to the Commercial Information Circulars Nos. 1032/2013 of 20 December 2013 and 838/2014 of 17 September 2014, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures applicable to imports of certain open mesh fabrics of glass fibres originating in the Mainland of China, as extended to imports consigned from India, whether declared as originating in India or not.  The notice can be accessed through the following link: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2014_330_R_0006&from=EN.

DETAILS

Ground for the Review

2.The partial interim review is initiated at the request lodged by an exporting producer from India, Pyrotek India Pvt. Ltd ("the applicant").  It is said to have provided prima facie evidence demonstrating itself as a genuine producer of the product under review and is able to produce the entire quantity that it has shipped to the Union since the start of the anti-circumvention investigation leading to the imposition of the existing measures.  It has alleged to be not related to exporting producers subject to the existing measures and that it is not circumventing the measures applicable to certain open mesh fabrics of glass fibres originating in the Mainland of China.

3.Having determined that sufficient evidence exists to justify the initiation of a partial interim review, the Commission has initiated the review which is limited to the examination of the possibility of granting an exemption, as far as the applicant is concerned, from the anti-dumping measures applicable to imports of certain open mesh fabrics of glass fibres originating in the Mainland of China, as extended to imports consigned from India, whether declared as originating in India or not.

Review Procedures

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

(a) Date of Publication of the Notice : 23 September 2014
(b) Product Coverage :
Open mesh fabrics of glass fibre, of a cell size of more than 1.8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, originating in the Mainland of China or consigned from India, whether declared as originating in India or not, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00.
(c) Procedures :
In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant as an exporting producer.  This information and supporting evidence should reach the Commission within 37 days from 23 September 2014, unless otherwise specified.

All interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 23 September 2014, unless otherwise specified.  They may also request to be heard by the Commission investigation services.  Any request to be heard must 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 23 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: TRADE-OPEN-MESH-PYROTEK@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 23 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 : The investigation will be concluded within 15 months from 23 September 2014.

BACKGROUND

5.Definitive anti-dumping duties on certain open mesh fabrics of glass fibres originating in the Mainland of China have been imposed since 10 August 2011.  The current duty in force is 62.9% of the net, free-at-Union-frontier price, before duty (except for a number of companies whose individual duty rates range from 48.4% to 62.9%).

6. Consequent to four separate circumvention investigations, the definitive anti-dumping duties have been extended to imports of certain open mesh fabrics of glass fibres consigned from Malaysia, regardless of whether they are declared as originating in Malaysia or not (since 25 July 2012); from Taiwan and Thailand, regardless of whether they are declared as originating in Taiwan and Thailand or not (since 17 January 2013); from India and Indonesia regardless of whether they are declared as originating in India and Indonesia or not (since 21 December 2013); and to imports of certain slightly modified open mesh fabrics of glass fibres originating in the Mainland of China (since 17 September 2014).

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.