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Anti-dumping Actions

Commodity: Flat products of non-alloy or alloy steel (excluding stainless steel, silicon-electrical steel, tool steel and high-speed steel), hot-rolled, not clad, plated or coated, not in coils, of a thickness exceeding 10 mm and of a width of 600 mm or more or of a thickness of 4.75 mm or more but not exceeding 10 mm and of a width of 2 050 mm or more currently falling within CN codes ex 7208 51 20, ex 7208 51 91, ex 7208 51 98, ex 7208 52 91, ex 7208 90 20, ex 7208 90 80, 7225 40 40, ex 7225 40 60 and ex 7225 99 00 (TARIC codes: 7208512010, 7208519110, 7208519810, 7208529110, 7208902010, 7208908020, 7225406010, 7225990030).
Countries/Economies: The Chinese mainland.
Action: On 10 August 2016, the Official Journal published Commission Implementing Regulation 2016/1357 making imports of certain heavy plate of non-alloy or other alloy steel originating in the Chinese mainland subject to registration. It will be recalled that on 13 February 2016, the European Commission initiated an anti-dumping investigation into imports into the Union of the product concerned. The registration request was made by the complainant on 18 April 2016. It was supplemented by additional information on 7 July 2016. The complainant requested that imports of the product concerned are made subject to registration so that measures may subsequently be applied against those imports from the date of such registration. The complainant claims that registration is justified as the product concerned continues to be dumped and that importers were well aware of dumping practices which stretched over an extended period of time and were causing injury to the Union industry. The complainant further claims that imports from the Chinese mainland are causing injury to the Union industry and that there was a substantial increase in the level of these imports, even following the investigation period, which would seriously undermine the remedial effect of the anti-dumping duty, if such a duty is to be applied. In view of its analysis, the Commission has concluded that the complainant provided sufficient prima facie evidence to justify making imports of the product concerned subject to registration. All interested parties are invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.
Rates: The customs authorities have been directed to take the appropriate steps to register imports of the product concerned for the purpose of ensuring that, should the investigation result in findings leading to the imposition of an anti-dumping duty, this duty can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports. The complainant estimates, in the complaint, dumping margins of 28% to 73% and an average undercutting margin of 11% for imports of the product concerned. The estimated amount of possible future liability is set at least at the level of undercutting estimated on the basis of the complaint, i.e. 11% ad valorem on the CIF import value of the product concerned.
Dates: 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 Regulation 2016/1357. The Regulation shall enter into force on the day following that of its publication in the Official Journal. Registration shall expire nine months following the date of entry into force of the Regulation.

Commodity: High tenacity yarns of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex, currently falling within CN code 5402 20 00.
Countries/Economies: The Chinese mainland.
Action: On 10 August 2016, the Official Journal published Commission Implementing Regulation 2016/1356, which amends Implementing Regulation 1105/2010 imposing a definitive anti-dumping duty on imports of high tenacity yarn of polyesters originating in the Chinese mainland. It will be recalled that, by Implementing Regulation 1105/2010, the Council imposed a definitive anti-dumping duty on imports of the product concerned. Given the large number of cooperating exporting producers in the investigation that led to the imposition of the anti-dumping duty, a sample of Chinese exporting producers was selected and individual duty rates ranging from 0% to 5.5% were imposed on the companies included in the sample, while other cooperating companies not included in the sample were attributed a duty rate of 5.3%. The list of those companies is contained in the Annex to Implementing Regulation 1105/2010. This Annex was amended by Council Implementing Regulation 907/2011. Article 4 of Implementing Regulation 1105/2010 gives the possibility to new Chinese exporting producers which provide sufficient evidence to the Commission that they meet the criteria set out in that Article to be granted the duty rate applicable to the cooperating companies not included in the sample, i.e. 5.3%. The Chinese company Zhejiang Kingsway High-Tech Fiber Co. Ltd (‘the applicant’) requested to be granted the duty rate applicable to the cooperating companies not included in the sample (‘new exporting producer treatment’ or ‘NEPT’). An examination has been carried out in order to determine whether the applicant fulfils the criteria for being granted NEPT. It was concluded that the applicant has provided sufficient evidence to prove that it meets the criteria.
Rates: The Commission has concluded that the applicant should be granted the duty rate applicable to the cooperating companies not included in the sample, namely 5.3%, and therefore should be added to the list of Chinese cooperating exporting producers not included in the sample.
Dates: Regulation 2016/1356 entered into force on the day following that of its publication in the Official Journal.

Commodity: Open mesh fabrics of glass fibres, of a cell size of more than 1.8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019 51 00 19 and 7019 59 00 19).
Countries/Economies: The Chinese mainland.
Action: On 9 August 2016, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain open mesh fabrics of glass fibres, originating in the Chinese mainland. The request was lodged on 4 May 2016 by the Alliance for the Defence of Open Mesh Fabrics (‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of certain open mesh fabrics of glass fibres. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 791/2011, extended to imports consigned from Malaysia, Taiwan, Thailand, India and Indonesia, whether declared as originating in these countries or not, and extended to imports of certain modified open mesh fabrics of glass fibre also originating in the Chinese mainland. The request is based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and of injury to the Union industry. The Commission may use the sampling procedure, for which the notice should be examined. In the previous investigation Canada was used as a market economy third country for the purpose of establishing normal value. For the purpose of the current investigation, the Commission envisages using Canada again as an appropriate market economy third country. Interested parties are given ten days to comment on the choice of the analogue country.
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 in the Official Journal. 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 in the Official Journal.

Commodity: hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 (TARIC codes 8427900011 and 8427900019) and ex 8431 20 00 (TARIC codes 8431200011 and 8431200019), extended to the same product but presented at import with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis, currently falling within TARIC codes 8427900030 and 8431200050.
Countries/Economies: The Chinese mainland.
Commodity: On 9 August 2016, the Official Journal published Commission Implementing Regulation 2016/1346 extending the definitive anti-dumping duty imposed on imports of hand pallet trucks and their essential parts originating in the Chinese mainland to imports of slightly modified hand pallet trucks originating in the Chinese mainland. The measures that are currently in force are a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the Chinese mainland. It may be recalled that, on 4 November 2015, the Commission had received a request to investigate the possible circumvention of the measures in force and to make imports of the product under investigation subject to registration. The request was lodged by BT Products AS, Lifter SRL and PR Industrial SRL, Union producers of hand pallet trucks. The investigation was duly initiated by Commission Implementing Regulation 2015/2346 of 15 December 2015. The investigation established that the product under investigation has the same basic characteristics and end-uses as hand pallet trucks. The weighing device attached to it does not alter its characteristics and is removable in some cases. Both products are essentially used for the same purpose, namely lifting loads for transportation and the function of indicating weight was not found to be an essential characteristic. It could therefore be concluded that the circumvention practice consisted of the imports of the product under investigation. In view of the findings, it was concluded that the definitive anti-dumping duty imposed on hand pallet trucks are circumvented by imports of slightly modified hand pallet trucks incorporating a weight indication system not integrated in the chassis (the forks) originating in the Chinese mainland.
Rates: The anti-dumping measure in force on the imports concerned, namely, a  duty rate of 70.8% imposed by Council Implementing Regulation 372/2013, is extended to imports of hand pallet trucks equipped with a ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis. The Commission may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Council Implementing Regulation 372/2013 from the duty extended by the new Regulation.
Dates: Regulation 2016/1346 entered into force on the day following that of its publication in the Official Journal.

Commodity: Flat-rolled products of iron or non-alloy steel, or other alloy steel but excluding of stainless steel, of all widths, cold-rolled (cold-reduced), not clad, plated or coated and not further worked than cold-rolled (cold-reduced), currently falling within CN ex 7209 15 00 (TARIC code 7209150090), 7209 16 90, 7209 17 90, 7209 18 91, ex 7209 18 99 (TARIC code 7209189990), ex 7209 25 00 (TARIC code 7209250090), 7209 26 90, 7209 27 90, 7209 28 90, 7211 23 30, ex 7211 23 80 (TARIC codes 7211238019, 7211238095 and 7211238099), ex 7211 29 00 (TARIC codes 7211290019 and 7211290099), 7225 50 80 and 7226 92 00. For the product types excluded from the definition of the product concerned, please see Article 1 of Regulation 2016/1328.
Countries/Economies: The Chinese mainland, the Russian Federation.
Action: On 4 August 2016, the Official Journal published Commission Implementing Regulation 2016/1328 imposing a definitive anti-dumping duty on imports of certain cold rolled flat steel products originating in the Chinese mainland and the Russian Federation. The investigation was initiated on 14 May 2015, following a complaint lodged on 1 April 2015 by the European Steel Association (‘Eurofer’ or ‘the complainant’) on behalf of producers said to be representing more than 25% of the total Union production of certain cold-rolled flat steel products. The Commission made imports of the product concerned originating in and consigned from both the targeted countries subject to registration by Commission Implementing Regulation 2015/2325. The registration of imports ceased with the imposition of provisional measures on 12 February 2016. The issue of registration and possible retroactive application of the anti-dumping duty in question and the comments received in relation to that are detailed in Commission Implementing Regulation 2016/1329. Interestingly, after provisional disclosure, the complainant claimed that some exporting producers had started absorbing the imposed provisional duties by refusing to increase prices. The Commission has noted that this claim cannot be verified in the framework of this investigation. Should a separate anti-absorption request be filed, a review under Article 12(1) of the Basic Anti-Dumping Regulation could be initiated, if prima facie evidence is provided.
Rates: The rate of the definitive anti-dumping duty for imports from the Chinese mainland is 19.7% for two named companies, 20.5% for companies listed in the Regulation’s Annex, and 22.1% for all other companies. In the case of imports from the Russian Federation, the rate is 18.7% and 34% for named companies and 36.1% for all other companies.
Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

Commodity: flat-rolled products of iron or non-alloy steel, or other alloy steel but excluding of stainless steel, of all widths, cold-rolled (cold-reduced), not clad, plated or coated and not further worked than cold-rolled (cold-reduced), currently falling within CN ex 7209 15 00 (TARIC code 7209 15 00 90), 7209 16 90, 7209 17 90, 7209 18 91, ex 7209 18 99 (TARIC code 7209 18 99 90), ex 7209 25 00 (TARIC code 7209 25 00 90), 7209 26 90, 7209 27 90, 7209 28 90, 7211 23 30, ex 7211 23 80 (TARIC codes 7211 23 80 19, 7211 23 80 95 and 7211 23 80 99), ex 7211 29 00 (TARIC codes 7211 29 00 19 and 7211 29 00 99), 7225 50 80 and 7226 92 00. For the product types excluded from the definition of the product concerned, please see Article 1 of Regulation 2016/1329.
Countries/Economies: The Chinese mainland, the Russian Federation.
Action: On 4 August 2016, the Official Journal published Commission Implementing Regulation 2016/1329 levying the definitive anti-dumping duty on the registered imports of certain cold-rolled flat steel products originating in the Chinese mainland and the Russian Federation. It may be recalled that Eurofer (‘the complainant’), in the framework of the anti-dumping investigation, submitted a request for registration of imports of the products concerned on 12 November 2015. The Commission, by Implementing Regulation 2015/2325 (the ‘registration Regulation’), made the imports subject to registration. In order to examine whether the retroactive application of the definitive duties was warranted, the Commission analysed consumption, prices, imports and sales volumes prior and subsequent to the opening of the investigation. In the framework of that analysis the Commission also sent questionnaires to importers and/or users of the product concerned concerning their import volumes, import prices and inventories in the period following the investigation period. Pursuant to the Basic Anti-Dumping Regulation, anti-dumping duties may be levied retroactively, provided that imports have been registered, and the Commission has given the importers concerned an opportunity to comment. After having analysed the submitted comments, the Commission concluded that the importers and/or users were or should have been aware of the alleged dumping and injury since the publication of the notice of initiation on 14 May 2015. In addition to imports which caused injury during the investigation period, further significantly increased volumes of the product concerned have – according to the Commission – been imported after initiation, at prices even lower than during the investigation period. These large and low priced quantities of the product concerned have, it is stated, already had a further negative bearing on the prices and Union market share of the Union industry. As the import volumes, combined with the pricing behaviour and the market share developments are substantial and come on top of significantly increased stocks, the imports that were imported after registration are likely to seriously undermine the remedial effect of the definitive anti-dumping duty, the Commission notes. On this basis, the Commission concluded that the conditions for the retroactive application of the definitive anti-dumping duty are met. A definitive anti-dumping duty is therefore levied on the product concerned, which was made subject to registration. The level of the duty to be collected retroactively should be set at the level of the provisional duties imposed under Implementing Regulation 2016/181, to the extent that they are lower than the level of the definitive duties imposed under Implementing Regulation 2016/1328.
Rates: In the case of the Chinese mainland, the rate of the duty is set at 13.7% for two named companies, 14.5% for the companies listed in the Annex to the Regulation, and 16% for all other companies. In the case of the Russian Federation, it is set at 18.7% and 25.4% for two named companies, and 26.2% for all other companies.
Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

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