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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

4 May 2015

Dear Sirs,

Commercial Information Circular No. 315/2015

European Union (EU)* : Initiation of an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of citric acid originating in the Mainland of China by imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not, and making such imports subject to registration

Further to Commercial Information Circular No. 89/2015 of 23 January 2015, the European Commission (the Commission) has published on 1 May 2015 an implementing regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of citric acid originating in the Mainland of China by imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not. The regulation, which also makes such imports subject to registration, can be accessed through:
http://eur-lex.europa.eu/legal-content /EN/TXT/PDF/?uri=OJ:JOL_2015_113_R_0006&from=EN.

DETAILS

2.Salient points are set out below-

(a) Product under Investigation :
Citric acid and trisodium citrate dihydrate, currently falling within CN codes ex 2918 14 00 (TARIC code 2918 14 00 10) and ex 2918 15 00 (TARIC code 2918 15 00 11) consigned from Malaysia, whether declared as originating in Malaysia or not.
(b) Registration of Imports :
With effect from 2 May 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 2 May 2015.

The registration is to ensure that should the investigation, which will be concluded within nine months of 2 May 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 consigned from Malaysia was imposed.
(c) Procedure :
The Commission will send questionnaires to known exporters/producers and to known associations of exporters/producers in Malaysia, to known exporters/producers and to known associations of exporters/producers in the Mainland of China, to known importers and to known associations of importers in the EU and to the authorities of the Mainland of China and Malaysia. 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 1 May 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 1 May 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, 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 guideline 'CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES' published on the website of the Directorate-General for Trade (DG Trade)1 . 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-R614-CITRIC-CIRCUMVENTION@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.  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 further details, interested parties may consult the following webpage: 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 or measures if the importation does not constitute circumvention.  Producers in Malaysia seeking exemption from registration of imports or measures must submit a request duly supported by evidence within 37 days from 1 May 2015.

BACKGROUND

3.Definitive anti-dumping duty on imports of citric acid originating in the Mainland of China has been imposed since 4 December 2008 and the duty in force is 42.7% of the net, free-at-Union-frontier price before duty (except for a number of companies with individual duty rates ranging from 15.3% to 42.7%).

ENQUIRIES

4.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

1. http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf

* 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.