Commercial Information Circulars

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Ref : CR EIC 230/2/1/1/2

9 December 2015

Dear Sirs,

Commercial Information Circular No. 1170/2015

European Union (EU) * : Initiation of an Expiry Review of the Anti-dumping Measures applicable to Imports of High Tenacity Yarn of Polyesters Originating in the Mainland of China

Further to Commercial Information Circular No. 180/2015 of 11 March 2015, the European Commission (the EC) has published a notice to initiate an expiry review of the anti-dumping measures applicable to imports of high tenacity yarn of polyesters originating in the Mainland of China. The notice can be accessed through the following link. Pending the outcome of the expiry review which is scheduled to be completed in 15 months from the date of the above EC notice, the prevailing definitive anti-dumping duty shall remain in force until further notice :
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015XC1128(01)&from=EN

DETAILS

2.The expiry review is initiated at the request of the European Manmade Fibres Association (CIRFS) on behalf of producers representing more than 25% of the total Union production of high tenacity yarn of polyesters. The request is based on the grounds that the expiry of the measures would likely result in continuation of dumping and continuation of injury to the Union industry.

3.Salient points of the expiry review to investigate the alleged likelihood of continuation of dumping are set out below -

(a) Date of Publication of the Notice	:	28 November 2015
(b) Product Coverage	:	High tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex, currently falling within CN code 5402 20 00.
(c) Procedures (i) Sampling (ii) Selection of Market Economy Third Party (iii) Other Written Submission (iv) Hearing by the Investigation Services (v) Correspondence (vi) Hearing Officer	:	The EC may apply sampling to complete the investigation within the statutory time limits. To this end, all exporting producers, or representatives acting on their behalf, are requested to make themselves known to the EC by providing the EC with the information on their company(ies) requested in Annex I to the EC's notice, and indication of agreement to their possible inclusion in the sample which will involve completing a questionnaire and accepting a visit at their premises to verify their responses. Such information should reach the EC within 15 days from 28 November 2015, 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 28 November 2015, unless otherwise specified. If a sample is necessary, all known exporting producers, the authorities of the Mainland of China, and associations of exporting producers will be notified by the EC, via the authorities of the Mainland of China if appropriate, 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. Consenting companies but are not selected to be in the sample will be considered to be cooperating. The EC envisages using Taiwan again as a third party market economy for the purpose of 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 28 November 2015.Other market economy suppliers of the Union may be located, inter alia, in the US and Korea. The EC will examine whether there is production and sales of the product under review that is relevant for the investigation. Subject to the provisions of this notice, all interested parties are invited to make their views known, submit information and provide supporting evidence within 37 days from 28 November 2015, unless otherwise specified. All interested parties may request to be heard by the EC 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, the request must be submitted within 15 days from 28 November 2015. Thereafter, a request to be heard must be submitted within the specific deadlines set by the EC in its communication with the parties. Interested parties are invited to make all submissions and requests by email 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. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: CHAR 04/039 1040 Bruxelles/Brussel BELGIQUE/BELGIË Email: TRADE-HTY-R627-DUMPING@ec.europa.eu TRADE-HTY-R627-INJURY@ec.europa.eu Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer reviews 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 28 November 2015. For further information and contact details, interested parties may consult the Hearing Officer's web pages on Directorate-General for Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/
(d) Investigation Schedule	:	The investigation will be concluded within 15 months from 28 November 2015.

BACKGROUND

4.The EC has imposed definitive anti-dumping duty on imports of high tenacity yarn of polyesters originating in the Mainland of China since 2 December 2010 until 2 December 2015, unless EU producers lodge written requests for reviewing the anti-dumping measures by the specified deadline. Except for 12 companies with individual duty rates ranging from 0% to 9.8%, the duty rate is set at 9.8% of the net, free-at-Union-frontier price before duty.

ENQUIRIES

5.For enquiries concerning the contents of this circular, please contact Mr. Sergio LI at telephone number 3403 6352 or the undersigned at 2398 5427.

Yours faithfully,

(Miss Anita WONG)
for Director-General of Trade and Industry

* The EU member countries are 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.