relative file path for layout
Skip to main content  Skip to search  Skip to main menu
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

22 February 2016

Dear Sirs,

Commercial Information Circular No. 190/2016

European Union (EU) * : Initiation of a partial interim review of the anti-dumping measures imposed on imports of sodium gluconate originating in the Mainland of China, limited to one Chinese exporting producer

Further to Commercial Information Circular No. 488/2010 of 28 October 2010, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures applicable to imports of sodium gluconate originating in the Mainland of China, limited to one Chinese exporting producer, Shandong Kaison. The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016XC0219(02)&from=EN

DETAILS

2.The partial interim review, limited in scope to the examination of dumping concerning Shandong Kaison, was initiated at the request of Jungbunzlauer SA and Roquette Italia SpA (the applicant), on behalf of producers representing more than 25% of the total EU production. The applicant is said to have provided evidence that the Chinese domestic market for corn and cornstarch (raw materials for the production of sodium gluconate) is distorted and Shandong Kaison has benefited from preferential tax treatment as a high and new technology company in Mainland China. The applicants alleged therefore that Shandong Kaison no longer fulfils the criteria for market economy treatment and that normal value for this company should thus be determined on the basis of the price or constructed value in a market economy third country.

3.Salient points of the notice are set out below-

(a) Date of Publication of the Notice : 19 February 2016
(b) Product under Review :
Dry sodium gluconate, with a Customs Union and Statistics (CUS) number 0023277-9 and a Chemical Abstracts Service (CAS) registry number 527-07-1, currently falling within CN code ex 2918 16 00 (TARIC code 2918 16 00 10).
(c) Procedures :
In order to obtain information it deems necessary for its investigation with regard to Shandong Kaison, the Commission will send a questionnaire to Shandong Kaison.

Exporting Producer

The Commission will send a market economy treatment (MET) claim form to Shandong Kaison as well as to the authorities of the Mainland of China for possible completion and return within 21 days from 19 February 2016.

Normal value in the case of imports from the Mainland of China will be determined on the basis of the price or constructed value in a market economy third country. For this purpose, the Commission has provisionally chosen the USA. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 19 February 2016. According to the information available to the Commission, other market economy suppliers of the EU may be located, inter alia, in South Korea. With the aim of finally selecting the market economy third country the Commission will examine whether there is production and sales of the product under review in those market economy third countries for which there are indications that the production of the concerned product is taking place.

Unrelated Importers

Unrelated importers of the product under investigation from the Mainland of China to the EU, which is produced by Shandong Kaison, are invited to participate in this investigation.  They are invited to contact the Commission, preferably by email, immediately but no later than 15 days from 19 February 2016, 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 unrelated importers, the Commission will send questionnaires to known unrelated importers and to any known association of importers.

The unrelated importers and the associations of importers must submit the completed questionnaire within 37 days from 19 February 2016, unless otherwise specified.

All Interested Parties

All interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 19 February 2016, 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 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 19 February 2016.

Instructions for Making Submissions/Requests

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
1049 Brussels
Belgium
E-mail: TRADE-R639-SG@ec.europa.eu

Hearing Officer

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 19 February 2016. 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 19 February 2016.

OTHER INFORMATION

4.In October 2015, the Commission initiated an expiry review of the measures. For details, please refer to Commercial Information Circular No. 1006/2015 of 28 October 2015.

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 includes 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.