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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

8 June 2015

Dear Sirs,

Commercial Information Circular No. 466/2015

European Union (EU) * : Initiation of an expiry review of the anti-dumping measures on imports of sodium cyclamate originating in, inter alia, the Mainland of China

Further to Commercial Information Circular No. 931/2014 of 23 October 2014, the European Commission has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of sodium cyclamate originating in, inter alia, the Mainland of China. The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_189_R_0002&from=EN.

DETAILS

Ground for the Review

2.The expiry review is initiated at the request lodged on 6 March 2015 by Productos Aditivos S.A. (the applicant), the sole producer of sodium cyclamate in the Union, thus representing 100% of the total Union production.

3.According to the Commission, the applicant had provided prima facie evidence that, inter alia, should the measures be allowed to lapse, the volume and the prices of the imported product from the Mainland of China have, among other consequences, had a negative impact on the quantities sold, the market share held and the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance of the Union industry. In addition, the applicant alleges that any further substantial increase of imports at dumped prices from the Mainland of China would be likely to cause further injury to the Union industry.

Review Procedures

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

(a) Date of Publication of the Notice of Initiation : 6 June 2015
(b) Product Coverage :
Sodium cyclamate, currently falling within CN code ex 2929 90 00 (TARIC code 2929 90 00 10).
(c) Procedures :
Exporting producers from, inter alia, the Mainland of China, including those did not cooperating in the investigation leading to the measures subject to the present review, are invited to participate in the current investigation. All exporting producers and associations of exporting producers in, inter alia, the Mainland of China are invited to contact the Commission, preferably by e-mail, immediately within 15 days from 6 June 2015, unless otherwise specified, in order to make themselves known and request a questionnaire.

In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the known exporting producers in, inter alia, the Mainland of China, to any known association of exporting producers, and to the authorities of, inter alia, the Mainland of China. The exporting producers, and the authorities of, inter alia, the Mainland of China must submit the completed questionnaire within 37 days from 6 June 2015, unless otherwise specified.

In the previous investigation, Indonesia was used as a market economy third country for the purpose of establishing normal value in respect of the Mainland of China. For the purpose of the current investigation, the Commission envisages using again Indonesia as an appropriate market economy third country. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 6 June 2015. The Commission will examine whether there is production and sales of the concerned product in those market economy third countries for which there are indications that production of the concerned product is taking place.

Subject to the provisions of the notice, all interested parties are invited to make their views known, submit information and provide supporting evidence to the Commission within 37 days from 6 June 2015, unless otherwise specified.

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must 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 6 June 2015. 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 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 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 guideline mentioned above.

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 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. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days from 6 June 2015. 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) Investigation
Schedule
: The investigation will be concluded within 15 months from 6 June 2015.

BACKGROUND

5.Definitive anti-dumping duty on sodium cyclamate originating in, inter alia, the Mainland of China had been imposed since 12 March 2004. Subsequent to an expiry review initiated in 2009, the duty has been maintained for five years with effect from 9 June 2010.

6.The current rate of definitive anti-dumping duty on sodium cyclamate originating in, inter alia, the Mainland of China is EUR 0.26 per kilogramme (except for a number of companies with individual duty rates ranging from EUR 0 to EUR 0.23 per kilogramme).

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

1http://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.