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Anti-dumping Actions

Commodity: Oxalic acid, whether in dihydrate (CUS number 0028635-1 and CAS number 6153-56-6) or anhydrous form (CUS number 0021238-4 and CAS number 144-62-7) and whether or not in aqueous solution, currently falling within CN code ex 2917 11 00 (TARIC code 2917110091).

Countries/Economies: The Chinese mainland and India.

Action: On 12 April 2017, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of oxalic acid. Following the publication of a notice of impending expiry of the anti-dumping measures in force, the European Commission received a request for a review. The request was lodged on 18 January 2017 by Oxaquim S.A. (‘the applicant’), said to be representing more than 50% of the total Union production of oxalic acid. The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation 325/2012. Following a judgment of the General Court of 20 May 2015, measures were re-imposed against imports of one Chinese exporting producer. The request is based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and recurrence of injury to the Union industry. As regards the allegation of a likelihood of continuation of dumping, the applicant has, among others, submitted information on prices in the Chinese mainland, which, the notice states, confirms the allegation of continuation of dumping. As regards the likelihood of the recurrence of injury, the applicant has, the notice states, provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from the countries concerned to the Union is likely to increase due to the continued interest of the exporting producers in India and mainland China in the Union market and the existence of unused capacity in those countries. The applicant finally alleges that the removal of injury has been mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the countries concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.

Dates: Subject to the provisions of the notice, all interested parties have been invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice in the Official Journal. 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 of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. The investigation will be concluded within 15 months of the date of the publication of the notice.

 

Commodity: ceramic tableware and kitchenware, excluding ceramic knives, ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling within CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910).

Countries/Economies: The Chinese mainland.

Action: On 12 April 2017, The Official Journal published a notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the Chinese mainland. The European Commission received a request for a partial interim review from Kyocera (‘the applicant’), an exporting producer from the Chinese mainland. The review is limited to the examination of the product scope as regards the clarification of whether certain product types, as specified in the notice, fall within the scope of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 412/2013. The applicant requests the exclusion of ceramic slicers, ceramic graters, ceramic scissors, ceramic scrapers, ceramic sharpeners and ceramic coffee mills from the scope of the current anti-dumping measures. The request is based on prima facie evidence provided by the applicant demonstrating that the basic physical, technical and chemical characteristics, the production processes and end-uses of the products to be excluded significantly differ from those of the product under review.

Dates: all interested parties have been invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice in the Official Journal. In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant as exporting producer. In addition, the Commission may send questionnaires to interested parties that have come forward. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice. 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 of the date of publication of the notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. The investigation will be concluded within 15 months of the date of the publication of the notice.

 

Commodity: Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC code 8712 00 30 10 and 8712 00 70 91). This product description is contained in Council Implementing Regulation 501/2013.

Countries/Economies: The Chinese mainland, Indonesia, Malaysia, Sri Lanka and Tunisia.

Action: On 11 April 2017, the Official Journal published a notice concerning the judgment of the General Court of 19 March 2015. The judgment concerns court cases in relation to Council Implementing Regulation 501/2013 extending the definitive anti-dumping duty imposed by Implementing Regulation 990/2011 on imports of bicycles originating in the Chinese mainland to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not. It will be recalled that in its judgment of 19 March 2015 in Case T-413/13 City Cycle Industries v Council, the General Court of the European Union annulled Council Implementing Regulation 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation 990/2011 on imports of bicycles originating in the Chinese mainland to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in these countries or not, to the extent that it applies to the Sri Lankan company City Cycle Industries. Thereafter, by its judgment of 26 January 2017, the Court of Justice dismissed the appeals submitted against that judgment by the Union industry, the European Commission and the Council of the European Union. The consequence of this is that the lack of sufficient reasoning in Regulation 501/2013 concerning the available evidence on the existence of circumventing practices in Sri Lanka must be corrected. In view of the foregoing, the Commission is partially reopening the anti-circumvention investigation concerning imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, that led to the adoption of Regulation 501/2013 and resumes it at the point at which the irregularity occurred by publishing this notice in the Official Journal. The reopening is limited in scope to the implementation of the judgment of the General Court with regard to City Cycle Industries. The attention of operators is drawn to the fact that, because this re-opening concerns anti-circumvention measures, extended duties can be readopted with retroactive effect.

Dates: The interested parties are invited to make their views known, submit information and provide supporting evidence on issues pertaining to the reopening of the investigation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 20 days of the date of publication of the Notice. The interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the reopening of the investigation the request must be submitted within 15 days of the date of publication of the Notice. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with these parties.

 

Commodity: Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes ex 8712 00 30 and ex 8712 00 70.

Countries/Economies: Sri Lanka

Action: On 11 April 2017, the Official Journal published Commission Implementing Regulation 2017/678 making imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, in so far as it concerns the Sri Lankan company City Cycle Industries, subject to registration. Following a judgment by the EU’s Court of Justice (ECJ), the Commission has decided to partially reopen the anti-circumvention investigation concerning imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not. The reopening is limited in scope to the implementation of the judgment of the ECJ with regard to City Cycle Industries. Following the ECJ judgment, the European Bicycle Manufacturers Association and Maxcom Ltd (‘the applicants’) requested that imports of the product concerned in so far as this concerns City Cycle Industries are made subject to registration so that measures may subsequently be applied against those imports from the date of such registration. The applicants submitted that there is a real, immediate danger that City Cycle Industries' export to the Union will resume in significant quantities as City Cycle Industries was able in the past to quickly set up assembly circumvention practices for bicycles on a large scale in Sri Lanka and that the Sri Lankan company had a major customer in the Union for the circumventing bicycles. In addition, because of the low investment required for assembly operations, and the fact that the Sri Lankan company already has the necessary know-how and experience with this type of activity, the applicants submitted that it is likely that City Cycle Industries will go back very quickly to a similar high level of circumventing exports from Sri Lanka. The Commission feels that the request contains sufficient evidence to justify registration. In view of the above, it is considered that the remedial effect of the anti-circumvention measure is likely to be seriously undermined, unless it is applied retroactively. Accordingly, the conditions for registration in this case are felt to be met. The customs authorities are therefore directed to take the appropriate steps to register the imports into the European Union of the product concerned consigned from Sri Lanka, whether declared as originating in Sri Lanka or not in so far as it concerns City Cycle Industries (TARIC additional code B131).

Dates: Registration shall expire nine months following the date of entry into force of the Regulation. All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 20 days from the date of publication of the Regulation. The Regulation entered into force on the day following its publication in the Official Journal.

 

Commodity: Tube and pipe butt-welding fittings, of austenitic stainless steel grades, corresponding to AISI types 304, 304L, 316, 316L, 316Ti, 321 and 321H and their equivalent in the other norms, with a greatest external diameter not exceeding 406.4 mm and a wall thickness of 16 mm or less, with a roughness average (Ra) of the surface finish not less than 0.8 micrometres, not flanged, whether or not finished. The product falls under CN codes ex 7307 23 10 and ex 7307 23 90 (TARIC codes 7307 23 10 15, 7307 23 10 25, 7307 23 90 15, 7307 23 90 25).

Countries/Economies: The Chinese mainland and Taiwan.

Action: On 7 April 2017, the Official Journal published Commission Implementing Regulation 2017/659 amending Implementing Regulation 2017/141 imposing definitive anti-dumping duties on imports of certain stainless steel tube and pipe butt-welding fittings. It is recalled that with Commission Implementing Regulation 2017/141, definitive anti-dumping duties were imposed on imports of the product concerned, on 26 January 2017. Said Regulation stated in recital (285) that the companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. However, this requirement was not made compulsory in the adopted Regulation. Therefore, Article 1 of that Regulation is replaced by a new Article 1, as set down in the newly published Commission Implementing Regulation 2017/659. More specifically, a new paragraph 3 is added which states as follows: ‘The application of the individual duty rate specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: “I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the (country concerned). I declare that the information provided in this invoice is complete and correct”. If no such invoice is presented, the duty rate applicable to “all other companies” shall apply’.

Dates: New Regulation 2017/659 entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Okoumé plywood, defined as plywood consisting solely of sheets of wood, each ply not exceeding 6 mm thickness, with at least one outer ply of okoumé not coated by a permanent film of other materials, currently falling within CN code ex 4412 31 10 (TARIC code 4412 31 10 10).

Countries/Economies: The Chinese mainland.

Action: On 6 April 2017, the Official Journal published Commission Implementing Regulation 2017/648 imposing a definitive anti-dumping duty on imports of okoumé plywood following an expiry review. Having determined that sufficient evidence existed for the initiation of an expiry review, the Commission had announced, on 29 January 2016, the initiation of the review. During the review, the Commission concluded that the significant production capacity available in mainland China, the possibility of Chinese producers being able to easily increase production volumes available for exports, the possible high dumped prices in other third markets as well as in the Union market and the attractiveness of the Union market, indicate that a repeal of the measures would likely result in Chinese exporting producers re-entering the Union market at dumped prices and in significant quantities. The Commission therefore considered that there is a likelihood of recurrence of dumping should the current anti-dumping measures be allowed to lapse. As for injury, the Commission’s analysis showed that the Union industry was, among other matters, in a fragile situation. Following the decrease of the Union market consumption after the previous review, the Union industry was forced to adapt to the deteriorated market conditions, which only improved during the review investigation period (RIP). The Union responded by restructuring and significantly downsizing, which resulted in the closure of a number of Union producers, a significant loss of employment as well as a substantial decrease of production capacity and production volume in comparison with the previous review. These efforts were starting to have a positive impact towards the end of the period considered of the current review, where Union industry productivity, sales, market share and profitability increased again. However, the recovery process of the Union industry is believed to be slow and still at its very early stage as the profits achieved during the RIP were very low in comparison with those achieved during the period considered of the previous review.

Rates: The rate of the anti-dumping duty varies between 6.5% and 23.5% for named companies, and is set at 66.7% for “all other companies”.

Dates: Regulation 2017/648 entered into force on the day following that of its publication in the Official Journal.

 

Commodity: certain flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated, currently falling within CN codes 7208 10 00, 7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00, 7208 37 00, 7208 38 00, 7208 39 00, 7208 40 00, 7208 52 10, 7208 52 99, 7208 53 10, 7208 53 90, 7208 54 00, 7211 13 00, 7211 14 00, 7211 19 00, ex 7225 19 10 (TARIC code 7225 19 10 90), 7225 30 90, ex 7225 40 60 (TARIC code 7225 40 60 90), 7225 40 90, ex 7226 19 10 (TARIC code 7226 19 10 90), 7226 91 91 and 7226 91 99. For excluded products, please see Article 1 of Commission Implementing Regulation 2017/649.

Countries/Economies: The Chinese mainland.

Action: On 6 April 2017, the Official Journal published Commission Implementing Regulation 2017/649 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel. The investigation had been initiated on 13 February 2016 following a complaint lodged on 4 January 2016 by the European Steel Association (‘Eurofer’ or ‘the complainant’) on behalf of producers said to be representing more than 90% of the total Union production of certain hot-rolled flat products of iron, non-alloy or other alloy steel. The complainant submitted, on 5 April 2016, a request for registration of imports of the product concerned from the Chinese mainland. On 2 June 2016, the complainant updated the request by providing more recent financial data, but on 11 August 2016, withdrew it. On 7 October 2016, the European Commission imposed a provisional anti-dumping duty on imports. As regards the evolution of import volumes, the Commission concluded that the decrease in Chinese import volumes after July 2016 can be explained by the chilling effect of the registration request and the knowledge of intention of the Commission to decide on provisional measures within 8 months of initiation. In addition, the absolute level of Chinese import volumes after July 2016 onwards remained very high when compared to 2014. For these reasons, it is felt likely that this decrease in import volumes would be only temporary, and such trend would revert if no measures were imposed. Therefore it did not change the Commission's assessment that there was a clear and imminent threat of injury at the end of the investigation period. Moreover, the Commission found a further deterioration in the profitability of the complainants in the most recent period. Accordingly, the assessment that a threat of imminent injury existed at the end of 2015 was not invalidated. Rather the further deterioration in profitability in the entire first half of 2016 confirmed the accuracy of the Commission's assessment of this indicator.

Rates: The rate of the anti-dumping duty varies between 18.1% and 35.9% for named companies, and is set at 35.9% for “all other companies”.

Dates: Regulation 2017/649 entered into force on the day following that of its publication in the Official Journal.

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