Business Alert - EU
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Commodity: sulphanilic acid, described as a chemical used as raw material to produce optical brighteners, food colorants, speciality dyes and concrete additives, classifiable within CN code ex 2921 42 10 (TARIC code 2921 42 10 60) Countries/Economies: Chinese mainland, India Action: On 9 November 2006, the Official Journal published a notice of the impending expiry of the anti-dumping duty imposed on imports of sulphanilic acid originating in the Chinese mainland as well as the anti-dumping and countervailing measures relating to the imports of sulphanilic acid originating in India. Dates: The notice states that, unless a review is initiated in accordance with the procedure set out therein, the measures will expire on 26 July 2007. The procedure is as follows: Community producers may lodge a written request for a review. The request must contain sufficient evidence that the removal of the measures would be likely to result in a continuation or recurrence of dumping/subsidisation and injury. Any written request should be lodged with the Commission services no later than three months before the envisaged date of expiry of the measures. Should the Commission decide to review the measures, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request. Commodity: coumarin currently classifiable within CN code ex 2932 21 00. Coumarin is a whitish crystalline powder with the characteristic odour of newly mown hay. Its main uses are as an aroma chemical and as a fixative in the preparation of fragrance compounds, such compounds being used in the production of detergents, cosmetics and fine fragrances. Countries/Economies: Chinese mainland, Indonesia, Malaysia Action: On 10 November 2006, the Official Journal published Council Regulation 1650/2006 extending the definitive anti-dumping duty imposed by Regulation 769/2002 on imports of coumarin originating in the Chinese mainland to imports of coumarin consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not. It may be recalled that, following an expiry review, by Regulation 769/2002, the Council imposed a definitive anti-dumping duty of £á3,479 per tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the Chinese mainland. In December 2004, after circumvention practices via India and Thailand were allegedly found, the measures were extended by Regulation 2272/2004 to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not. On 13 February 2006, the Commission received a request to investigate the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the Chinese mainland. The request was submitted by the European Chemical Industry Council (¡§CEFIC¡¨) on behalf of the sole producer in the Community. In view of its findings, the Commission concluded that circumvention of coumarin originating in the Chinese mainland via Indonesia and Malaysia would have taken place. Upon the Commission¡¦s recommendation, the Council therefore extends the existing anti-dumping measures on imports of the product concerned to imports of the product concerned consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not. Although during this investigation no genuine producer of coumarin was apparently found to exist in Indonesia or Malaysia or made itself known to the Commission, new producers which would consider lodging a request for an exemption from the extended anti-dumping measure pursuant to Article 13(4) of the basic Regulation will be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. A request for exemption must be made in writing in one of the official languages of the EU and must be signed by a person authorised to represent the respective producer. Dates: Regulation 1650/2006 entered into force on 11 November 2006. Commodity: bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, originating in the Chinese mainland, currently classifiable within CN codes ex 8712 00 10, 8712 00 30 and ex 8712 00 80. Countries/Economies: Chinese mainland Action: On 10 November 2006, the Official Journal published Council Regulation 1651/2006 terminating the partial interim review of the anti-dumping measures applicable to imports of bicycles originating in the Chinese mainland. It may be recalled that on 10 January 2006, the Commission initiated, on its own initiative, an interim review limited in scope to dumping aspects as far as Giant China Co. Ltd. is concerned. According to the Commission, its investigations revealed that Giant China Co. Ltd. was related to another manufacturer of the product concerned which did not submit a reply to the MET claim form within the deadline set by the Commission. The Commission therefore decided to terminate the interim review and maintain the currently applicable measures. Dates: Regulation 1651/2006 entered into force on 11 November 2006. Commodity: synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning originating in the Chinese mainland, currently classifiable within CN code 5503 20 00. Countries/Economies: Chinese mainland Action: On 10 November 2006, the Official Journal published Council Regulation 1652/2006 terminating the new exporter review of Regulation 428/2005 imposing definitive anti-dumping duties on imports of synthetic staple fibres of polyesters originating, inter alia, in the Chinese mainland. It may be recalled that the measures currently in force on imports into the Community of polyester staple fibres ("PSF") originating in the Chinese mainland are definitive anti-dumping duties imposed by Council Regulation 428/2005. After the imposition of these definitive anti-dumping duties, the Commission received a request to initiate a "new exporter" review of Regulation 428/2005 from the mainland Chinese company Huvis Sichuan. The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review. Within the course of its investigations, the Commission concluded that Huvis Sichuan was related to a producer of the product concerned and that this related producer would not have cooperated. Therefore, the Commission estimated that neither MET nor IT could be granted to Huvis Sichuan and, as a consequence, no individual rate was established. Upon the Commission¡¦s recommendation, the Council eventually terminated the new exporter review. Dates: Regulation 1652/2006 entered into force on 11 November 2006. Commodity: Bicycle parts. These products are currently classifiable within the CN codes ranging from 8714 91 10 to 8714 99 90. Countries/Economies: Chinese mainland Action: On 14 November 2006, the Official Journal published Commission Decision 2006/772/EC, granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the Chinese mainland imposed by Council Regulation 2474/93, last maintained and amended by Regulation 1095/2005, and lifting the suspension of the payment of the anti-dumping duty extended to certain bicycle parts originating in the Chinese mainland granted to certain parties pursuant to Regulation 88/97. It may be recalled that on 10 January 1997, the Council, by Regulation 71/97, extended the definitive anti-dumping duty imposed by Regulation 2474/93 on bicycles originating in the Chinese mainland to imports of certain bicycle parts from the Chinese mainland (the ¡§extended anti-dumping duty¡¨). After the entry into force of Regulation 88/97 which authorised the exemption of imports of certain bicycle parts originating in the Chinese mainland from that extension, a number of bicycle assemblers submitted requests for exemption from the anti-dumping duty. The Commission published in the Official Journal successive lists of applicants for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended. Following the last publication of the list of parties under examination, a period of examination was selected. This period was defined as being from 1 January 2005 to 31 December 2005. The Commission received all the information required for the determination of the admissibility of their requests for exemption from a large amount of bicycle assemblers. The information provided was examined and verified, where necessary, at the premises of the parties concerned. Based on this information, the Commission found that most of the requests submitted by the applicants were admissible since they fell outside the scope of Article 13(2) of the basic Regulation. Accordingly, the Commission, by Decision 2006/772/EC, has exempted such parties from the extended anti-dumping duty. Several applicants failed to meet the criteria for exemption. With respect to such parties, the Commission, by Decision 2006/772/EC, has rejected their requests. For more information on Decision 2006/772/EC, please see the publication in the Official Journal (http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_313/l_31320061114en00050014.pdf). Dates: Decision 2006/772/EC was published on 14 November 2006 Commodity: cathode-ray colour television picture tubes ('CPT"), including video monitor cathode-ray tubes, of all sizes, originating in the Chinese mainland, Korea, Malaysia and Thailand, normally declared within CN codes 8540 11 11, 8540 11 13, 8540 11 15, 8540 11 19, 8540 11 91 and 8540 11 99. Countries/Economies: Chinese mainland, Republic of Korea, Malaysia and Thailand Action: On 16 November 2006, the Official Journal published Commission Decision 2006/781/EC terminating the anti-dumping proceeding concerning imports of cathode-ray colour television picture tubes originating in the Chinese mainland, the Republic of Korea, Malaysia and Thailand. It may be recalled that the proceeding was initiated on 11 January 2006 following a complaint lodged on 29 November 2005 by the Taskforce against unfair business in Europe (TUBE) on behalf of two producers, namely AB Ekranas (Ekranas) and Ecimex Group A.S. (Ecimex), representing a major proportion of the total Community production of cathode-ray colour television picture tubes. During the course of its investigation, the Commission found that dumping had occurred in all countries concerned. Furthermore, it concluded that the dumped imports had exerted a price pressure on the Community industry¡¦s prices and probably also contributed to an injurious situation. However, according to the Commission, no causal link could be established as there was no clear coincidence in time between the deterioration of the situation of the Community industry and the developments of the dumped imports. Moreover, the investigation would have shown that there was indeed a clear coincidence in time between the injurious situation of the Community industry and the sharp and sudden decline in the demand for CPTs in the Community. This would have translated into a rise of unit production costs and a further price decrease. This strong decline would have coincided perfectly with the increasing penetration of flat panel technology. In view of its findings, the Commission decided to terminate the anti-dumping proceeding. Dates: Commission Decision 2006/781/EC entered into force on 17 November 2006. | ||||||||||||||||||||||||||||||||||
