Commercial Information Circulars
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e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
2 September 2015
Dear Sirs,
Commercial Information Circular No. 876/2015
European Union (EU) * : Initiation of a partial interim review of the anti-dumping measures imposed on imports of silicon originating in the Mainland of China
Further to Commercial Information Circular No. 436/2015 of 29 May 2015, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures applicable to imports of silicon originating in 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_287_R_0006&from=EN
DETAILS
2.The partial interim review, limited in scope to the examination of injury, is initiated at the request of EUSMET-European Users of Silicon Metal (the applicant),an ad hoc association of Union chemical users of silicon. The Commission considers that the applicant has provided sufficient evidence that as far as injury is concerned the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature. The need to review the continued imposition of the anti-dumping measures is therefore substantiated.
3.Salient points are set out below-
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(a) Date of Publication of the Notice |
: | 1 September 2015 |
| (b) Product Coverage | : |
Silicon, currently falling within CN code 2804 69 00
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| (c) Procedures | : |
In view of the potentially large number of exporting producers inthe Mainland of China involved in the interim review and in order to complete the investigation within the statutory time limits, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting producers, or representatives acting on their behalf, should provide information requested in Annex I to the notice in question, including their identities and contact details, turnover and sales volume, activities of their companies and related companies, and indication of agreement to their possible inclusion in the sample which will involve completing a questionnaire and accepting a visit at their premises in order to verify their responses. Such information should reach the Commission within 15 days from 1 September 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 1 September 2015, unless otherwise specified.
If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China, and associations of exporting producers will be notified 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.
Companies that have agreed to their possible inclusion in the sample but are not selected will be considered to be cooperating ('non-sampled cooperating exporting producers'). Non-sampled cooperating exporting producers wishing to claim an individual dumping margin must request a questionnaire and returnit duly completed within 37 days from the date of notification of the sample selection, unless otherwise specified.
All interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 1 September 2015, 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 1 September 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. 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. 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 1040 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 1 September 2015. For further information and contact details, interested parties may consult the Hearing Officer's web pages on DG Trade's website:
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(d) Investigation Schedule |
: | The investigation will be concluded within 15 months from 1 September 2015. |
BACKGROUND
4.Definitive anti-dumping duty on silicon originating in the Mainland of China has been imposed since 17 December 1997. Subsequent to an expiry review conducted in 2004, the definitive anti-dumping duty was revised and maintained for five years. Following another expiry review and an interim review initiated in March 2009, the definitive anti-dumping duty has been maintained for another five-year period with effect from 30 May 2010. The current rate of duty is 19% of the net, free-at-Union-frontier price before duty (except for one company whose individual duty rate is 16.3%).For details, please refer to Commercial Information Circular No. 244/2010 of 31 May 2010.
OTHER INFORMATION
5.Based on the findings of two separate circumvention investigations, the definitive anti-dumping duty was extended to imports of the same products consigned from the Republic of Korea and Taiwan, whether declared as originating in the Republic of Korea and Taiwan or not.
ENQUIRIES
6.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. |