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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

16 March 2016

Dear Sirs,

Commercial Information Circular No. 265/2016

European Union (EU)* : Initiation of an expiry review of the anti-dumping measures on imports of certain continuous filament glass fibre products originating in the Mainland of China

Further to Commercial Information Circular No. 544/2015 of 17 June 2015, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures applicable to imports of certain continuous filament glass fibre products 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=CELEX:52016XC0315(02)&from=EN

DETAILS

2.The expiry review is initiated at the request of the European Glass Fibre Producers Association ('APFE') (the applicant), representing more than 25% of the total EU production of certain continuous filament glass fibre products, on the grounds that the expiry of the measures would likely result in continuation of dumping and recurrence of injury to the EU industry. The Commission considers that the applicant has provided sufficient evidence that should the measures be allowed to lapse, imports of the products to the EU are likely to increase due to the existence of unused capacity in the Mainland of China and the increasing demand for and high prices of the products in the EU market. It is therefore determined that sufficient evidence exists to justify the initiation of an expiry review.

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

(a) Date of Publication of the Notice :
15 March 2016
(b) Product Coverage :
Chopped glass fibre strands, of a length of not more than 50 mm; glass fibre rovings, excluding glass fibre rovings which are impregnated and coated and have a loss on ignition of more than 3% (as determined by the ISO Standard 1887); and mats made of glass fibre filaments excluding mats of glass wool, currently falling within CN codes 7019 11 00, ex 7019 12 00 (TARIC codes 7019 12 00 21, 7019 12 00 22, 7019 12 00 23, 7019 12 00 25, 7019 12 00 39) and 7019 31 00.
(c) Procedures :
In view of the potentially large number of exporting producers in the Mainland of China involved in this expiry 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, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are requested to provide information on their company(ies) requested in Annex I to the notice, 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 15 March 2016, 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 15 March 2016, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the EU 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 and any known association of exporting producers 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 to be in the sample will be considered to be cooperating.

In the previous investigation, Turkey 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 Turkey as an appropriate market economy third country.  Interested parties are invited to comment on the appropriateness of this choice within 10 days from 15 March 2016.  According to the information available to the Commission, other market economy producers may be located, inter alia, in Malaysia, Egypt and Taiwan.  The Commission will examine whether there is production and sales of the products in those market economy third countries for which there are indications that production of the products is taking place.

Subject to the provisions of the notice, all interested parties are invited to make their views known, submit information and to provide supporting evidence within 37 days from 15 March 2016, 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 15 March 2016.  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
1049 Brussels
Belgium

Email :
(a) TRADE-R641-FGF-DUMPING@ec.europa.eu to be used by exporting producers, related importers, their associations and representatives of the countries concerned;

(b) TRADE-R641-FGF-INJURY@ec.europa.eu to be used by EU producers, unrelated importers and their representative associations, users and their representative associations, and representative consumer organisations.

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 15 March 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 15 March 2016.

BACKGROUND

4.Definitive anti-dumping duty on imports of certain continuous filament glass fibre products originating in the Mainland of China has been imposed since 16 March 2011. Consequent to a partial interim review, duty rate was modified with effect from 24 December 2014 to 19.9% of the net, free-at-Union-frontier price before duty (except for a number of companies with individual duty rates from 0.0% to 19.9%).

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.