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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

17 December 2015

Dear Sirs,

Commercial Information Circular No. 1199/2015

European Union (EU) * : Initiation of an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of hand pallet trucks and their essential parts originating in the Mainland of China by imports of slightly modified hand pallet trucks originating in the Mainland of China, and making such imports subject to registration

Further to Commercial Information Circular No. 822/2014 of 10 September 2014, the European Commission (the Commission) has published an implementing regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of hand pallet trucks and their essential parts originating in the Mainland of China by imports of slightly modified hand pallet trucks originating in the Mainland of China, and making such imports subject to registration. The implementing regulation can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_330_R_0009&from=EN

DETAILS

2.The investigation is initiated at the request of BT Products AS, Lifter SRL and PR Industrial SRL, Union producers of hand pallet trucks. The Commission is of the view that the request contains sufficient evidence that the anti-dumping measures on imports of hand pallet trucks originating in the Mainland of China are being circumvented by means of practices, processes or work for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping duty.

3.Salient points of the implementing regulation are set out below-

(a) Product under Investigation :
Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427 90 00 19 and 8431 20 00 19). Hand pallet trucks are defined as trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks).
(b) Registration of Imports :
With effect from 17 December 2015, imports of the product under investigation are made subject to registration by the EU's customs authorities.  The registration shall expire nine months following 17 December 2015.

The registration is to ensure that should the investigation, which will be concluded within nine months of 17 December 2015, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.
(c) Procedure :
The Commission will send questionnaires to known exporters/producers and to the known associations of exporters/producers in the Mainland of China, to the known importers and to the known associations of importers in the EU and to the authorities of the Mainland of China.  Information, as appropriate, may also be sought from the Union industry.

Interested parties should request a copy of the questionnaire from the Commission within 15 days from 17 December 2015.

Interested parties must make themselves known by contacting the Commission, present their views in writing, submit questionnaire replies or any other information to be taken into account during the investigation, or apply to be heard by the Commission within 37 days from 17 December 2015, unless otherwise specified.

Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets. 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 e-mail address provided 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 guideline mentioned above.

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: CHAR 04/039
1049 Brussels
Belgium
E-mail: TRADE-HPT-R637-CIRCUMVENTION@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer in trade proceedings, 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.  The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered.  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/trade/trade-policy-and-you/contacts/hearing-officer/.
(d) Exemption from Registration of Imports or Measures :
Imports of the product under investigation may be exempted from registration of imports or measures if the importation does not constitute circumvention.  Producers seeking exemption from registration or measures must submit a request duly supported by evidence within 37 days from 17 December 2015.

BACKGROUND

4.Definitive anti-dumping duty on imports of the product has been imposed since 22 July 2005 and the duty in force is 70.8% of the net, free-at-Union-frontier price before duty (except for two companies with individual duty rates 54.1% and 70.8%).

ENQUIRIES

5.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Jessica MAK)
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.

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 can be accessed through
http://economists-pick-research.hktdc.com/business-news/subindex/en/Business-Alert-EU/1X2ZT68A/1/0.htm.