Commercial Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
6 June 2016
Dear Sirs,
Commercial Information Circular No. 488/2016
European Union (EU)* : Initiation of an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of certain aluminium foil originating in the Mainland of China by imports of certain slightly modified aluminium foil from the Mainland of China, and making such imports subject to registration
Further to Commercial Information Circular No. 1210/2015 of 21 December 2015, the European Commission (the Commission) has published an implementing regulation to initiate an investigation concerning the possible circumvention of anti-dumping measures imposed on imports of aluminium foil of a thickness of not less than 0.008 mm and not more than 0.018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg, originating in the Mainland of China, currently falling within CN code ex 7607 11 19 (TARIC code 7607 11 19 10) (the product concerned), by imports of certain slightly modified aluminium foil from the Mainland of China, and making such imports subject to registration. The implementing regulation is available at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0865&from=EN.
DETAILS
2. The investigation is initiated at the request of an applicant who has requested anonymity. The Commission considers that there are sufficient grounds to grant the confidentiality of the applicant's identity. It is also considered that the request contains sufficient prima facie evidence that the anti-dumping measures imposed on the product concerned are being circumvented by means of practices, processes or work for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping duty.
3.Salient points of the implementing regulation are set out overleaf -
| (a) Product under Investigation |
: | Aluminium foil of a thickness of not less than 0.008 mm and not more than 0.018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg, originating in the Mainland of China, currently falling within CN code ex 7607 11 19 (TARIC code 7607 11 19 10), whether annealed or not, that are presented at importation as:
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| (b) Registration of Imports | : | With effect from 2 June 2016, 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 June 2016. The registration is to ensure that should the investigation, which will be concluded within nine months of 2 June 2016, result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed. |
| (c) Procedure | : |
The Commission will send questionnaires to known exporters/producers and to the known associations of exporters/producers in the Mainland of China, to the known importers and to the known associations of importers in the EU and to the authorities of the Mainland of China. Information, as appropriate, may also be sought from the EU industry.
Interested parties should request a questionnaire from the Commission within 15 days from 2 June 2016. For representations to be taken into account during the investigation, interested parties must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information, or apply to be heard by the Commission, within 37 days from 2 June 2016, unless otherwise specified. Interested parties are invited to make all submissions and requests by, in general, 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' available at http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: CHAR 04/039 1049 Brussels Belgium E-mail: TRADE-AC-ALU-FOIL@ec.europa.eu 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. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For further information and contact details, interested parties may consult the Hearing Officer's web pages at http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.
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| (d) Exemption from Registration of Imports or Measures | : | Imports of the product under investigation may be exempted from registration of imports or measures if the importation does not constitute circumvention. Producers seeking exemption from registration or measures must submit a request duly supported by evidence within 37 days from 2 June 2016. |
BACKGROUND
4. Definitive anti-dumping duty on imports of the product concerned has been imposed since 19 December 2015 and the duty in force is 30.0% of the net, free-at-Union-frontier price, before duty (except for a number of companies with individual duty rates from 6.4% to 24.2%).
ENQUIRIES
5. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5350.
Yours faithfully,
( Y K So)
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. |