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Anti-dumping Actions

Commodity: High tenacity yarn 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 18 October 2016, the Official Journal published a notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of high tenacity yarn of polyester, originating in the Chinese mainland. The European Commission received a request for a partial interim review from Taylor Wessing on behalf of American & Efird (A&E Europe) (‘the applicant’), an importer of specific types of high tenacity yarn of polyester originating in the Chinese mainland. The review is limited to the examination of the product scope as regards the clarification of whether certain product types, i.e. greige sewing thread yarns, fall within the scope of the anti-dumping measures applicable to imports of high tenacity yarn of polyester. The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation 1105/2010. On 28 November 2015, the Commission had already published a notice of initiation of an expiry review of the anti-dumping duty. Pending the completion of the expiry review investigation, the measures continue to be in force. In the matter at hand, the applicant requests the exclusion of greige sewing thread yarns from the scope of the existing anti-dumping measures and requests amending the exclusion criteria accordingly: ‘high tenacity yarn of polyesters (other than “Z”-twisted thread ready for dyeing and for receiving a finishing treatment, put on supports of a weight (including support) not exceeding 2 000 g), not put up for retail sale, including monofilament of less than 67 decitex, currently falling within CN Code ex 5402 20 00 and originating in the People's Republic of China’. The request is based on prima facie evidence provided by the applicant demonstrating that the basic physical and technical characteristics of the products to be excluded significantly differ from those of the product under review. Any Regulation which may result from this review, might possibly have a retroactive effect as of the date of imposition of the existing measures, or alternatively from a later date, for instance the date of publication of the notice in the Official Journal. All interested parties, and in particular importers, are invited to make their views known on this issue, and submit any evidence supporting those views.
Dates: All interested parties are hereby 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 order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant as an importer. 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. Furthermore, 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: 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).
Countries/Economies:  The Chinese mainland.
Action: On 12 October 2016, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts originating in the Chinese mainland. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 1008/2011, as last amended by Commission Implementing Regulation 946/2014. The measures were extended to imports consigned from Thailand by Council Regulation 499/2009 and to imports of slightly modified hand pallet trucks originating in the Chinese mainland by Council Implementing Regulation 2016/1346. The request is based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and of injury to the Union industry. The prima facie evidence provided by the applicant shows that the volume and the prices of the imported product under review have, among other consequences, had a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry. In addition, the applicant alleges that any further substantial increase of imports at dumped prices from the country concerned would be likely to cause further injury to the Union industry should measures be allowed to lapse. The European Commission may use the sampling procedure: for details, please consult the notice of initiation. In the previous investigation, Brazil was used as a market economy third country for the purposes of establishing normal value. For the purposes of the current investigation, based on the information contained in the request, it is envisaged to use Brazil again as the analogue country.
Dates: Interested parties were invited to comment on the choice of the analogue country within 10 days of the date of publication of the notice. 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 publication of the notice.
Rates: The culmination of the expiry review will not lead to the existing measures being amended but will lead to those measures being repealed or maintained. If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review. Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in the notice, are informed that they may contact the Commission.

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