11 Nov 2016
Commodity: Threaded tube or pipe cast fittings, of malleable cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling within CN code ex 7307 19 10 (TARIC code 7307 19 10 10). This description is provided in Council Implementing Regulation 430/2013.
Countries/Economies: The Chinese mainland, Thailand.
Action: On 28 October 2016, the Official Journal published a notice concerning the judgment of 30 June 2016 in case T-424/13 in relation to Council Implementing Regulation 430/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the Chinese mainland and Thailand and terminating the proceeding with regard to Indonesia. In its judgment of 30 June 2016, in case T-424/13 Jinan Meide Casting Co. Ltd v Council, the General Court of the European Union annulled Council Implementing Regulation 430/2013, to the extent that it applies to the Chinese exporting producer Jinan Meide Casting Co. Ltd (or ‘the exporting producer concerned’). The General Court ruled that the rights of defence of the exporting producer concerned were breached by the rejection of its request for disclosure of normal value calculations using confidential data of an analogue country producer in the investigation that led to the adoption of Implementing Regulation 430/2013. In particular, the General Court found that the Commission was wrong to rely on the need to comply with the principle of equal treatment in order to reject this request. The General Court held that it could not be ruled out that if the request had been accepted, the outcome of the investigation could have been different. The EU institutions must take the necessary steps to comply with the judgment. Therefore, the request of the exporting producer concerned for disclosure of the normal value calculations using confidential data of the analogue country producer should be re-examined in the light of the particular circumstances relating to this exporting producer. In view of this, the Commission is reopening the anti-dumping investigation that led to the adoption of Implementing Regulation 430/2013 in so far as it concerns the exporting producer concerned 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 Jinan Meide Casting Co. Ltd.
Dates: The exporting producer concerned and the Union industry 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 exporting producer concerned and the Union industry 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: Prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, whether or not containing added sugar or other sweetening matter, and as defined under CN heading 2008, currently falling within CN codes 2008 30 55, 2008 30 75 and ex 2008 30 90 (TARIC codes 2008309061, 2008309063, 2008309065, 2008309067 and 2008309069). This description is provided in Commission Implementing Regulation 1313/2014.
Countries/Economies: The Chinese mainland.
Action: On 28 October 2016, the Official Journal published a notice concerning the anti-dumping measures in force in respect of imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Chinese mainland. The notice relates to the modification of the name of a company subject to the cooperating exporting producers’ anti-dumping duty. Imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the Chinese mainland are subject to definitive anti-dumping duties, imposed by Commission Implementing Regulation 1313/2014. Zhejiang Xinchang Best Foods Co. Ltd, whose exports to the Union of certain prepared or preserved citrus fruits are subject to an anti-dumping duty of EUR 499.60 per tonne net product weight by the aforementioned Implementing Regulation, has informed the Commission that it has changed its name into Zhejiang Fomdas Foods Co., Ltd. The company has asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual duty rate applied to the company under its previous name of Zhejiang Xinchang Best Foods Co. Ltd. The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Implementing Regulation 1313/2014. Therefore, the reference in the Annex to Implementing Regulation 1313/2014 to ‘Zhejiang Xinchang Best Foods Co., Ltd’ should be read as ‘Zhejiang Fomdas Foods Co., Ltd’.
Rates: Zhejiang Fomdas Foods Co., Ltd shall be attributed the TARIC additional code A889 with the corresponding anti-dumping duty amount of EUR 499.60 per tonne net product weight which was previously attributed to Zhejiang Xinchang Best Foods Co., Ltd.
Dates: The notice was published on 28 October 2016.