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Anti-dumping Actions

Commodity: footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, falling within CN codes: 6403 20 00, ex 6403 30 00, ex 6403 51 11, ex 6403 51 15, ex 6403 51 19, ex 6403 51 91, ex 6403 51 95, ex 6403 51 99, ex 6403 59 11, ex 6403 59 31, ex 6403 59 35, ex 6403 59 39, ex 6403 59 91, ex 6403 59 95, ex 6403 59 99, ex 6403 91 11, ex 6403 91 13, ex 6403 91 16, ex 6403 91 18, ex 6403 91 91, ex 6403 91 93, ex 6403 91 96, ex 6403 91 98, ex 6403 99 11, ex 6403 99 31, ex 6403 99 33, ex 6403 99 36, ex 6403 99 38, ex 6403 99 91, ex 6403 99 93, ex 6403 99 96, ex 6403 99 98 and ex 6405 10 00. For a more detailed description, please see Article 1 of Commission Implementing Regulation 2016/2257.
Action: On 15 December 2016, the Official Journal published Commission Implementing Regulation 2016/2257 re-imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain footwear with uppers of leather originating in the Chinese mainland and produced by Chengdu Sunshine Shoes Co. Ltd, Foshan Nanhai Shyang Yuu Footwear Ltd and Fujian Sunshine Footwear Co. Ltd and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14. The Commission concluded that a residual anti-dumping duty applicable to mainland China should be imposed for exports made by the three exporting producers concerned for the period of application of Regulation 1472/2006 (the “contested Regulation”). The period of application of that Regulation was initially from 7 October 2006 until 7 October 2008. Following the initiation of an expiry review, it was prolonged, by means of Regulation 1294/2009, until 31 March 2011, when the measures expired. The illegality identified in the EU court judgments is that the Union Institutions failed to establish whether the products produced by the exporting producers concerned should be subject to the residual duty or to an individual duty. On the basis of the illegality identified by the Court, the Commission states that there is no legal ground for completely exempting the products produced by the exporting producers concerned from paying any anti-dumping duty. A new act remedying the illegality identified by the Court therefore only needs to reassess the applicable anti-dumping duty rate, and not the measures themselves. Since the Commission concluded that the residual duty should be re-imposed in respect of the exporting producers concerned at the same rate as originally imposed by the contested Regulation (namely, Regulation 1472/2006) and Regulation 1294/2009 (which extended the anti-dumping measures for 15 months, i.e. until 31 March 2011, when the measures expired), no changes are said to be required to Council Regulation 388/2008 (whereby the Council extended the definitive anti-dumping measures on imports originating in the Chinese mainland to imports consigned from the Macao Special Administrative Region (‘SAR’), whether declared as originating in the Macao SAR or not). That Regulation remains valid. Account was, according to the Commission, taken of the comments made and the analysis thereof; it was thereby concluded that the residual anti-dumping duty applicable to mainland China, i.e. 16.5%, should be re-imposed for the period of application of the contested Regulation.
Rates: The rate of the definitive anti-dumping duty applicable, before duty, to the net free-at-Union-frontier price of the products concerned and manufactured by the exporting producers listed in Annex II to Commission Implementing Regulation 2016/2257 shall be 16.5%.
Dates: Commission Implementing Regulation 2016/2257 entered into force on the day following that of its publication in the Official Journal.
 
Commodity: Lever arch mechanisms, generally used for archiving sheets and other documents in binders or files. currently falling within CN code ex 8305 10 00 (TARIC code 8305 10 00 50). These lever arch mechanisms consist of arched sturdy metal elements (normally two) on a back plate and having at least one opening trigger that permits inserting and filing of sheets and other documents. (This product description is set out in Article 1 of Council Implementing Regulation 796/2012).
Countries/Economies: The Chinese mainland.
Action: On 14 December 2016, the Official Journal published a notice of the impending expiry of the anti-dumping measures applicable to lever arch mechanisms. By means of the publication, the Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures will expire on 5 September 2017. Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
Dates: Union producers may submit a written request for a review on the above basis, to reach the European Commission, at any time from the date of the publication of the notice but no later than three months before the scheduled date of expiry, namely, 5 September 2017.
 
Commodity: Certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof. These articles are of a kind used to: — cover ground or sub-surfaces systems, and/or openings to ground or sub-surface systems, and also — give access to ground or sub-surface systems and/or provide view to ground or sub-surface systems. The articles may be machined, coated, painted and/or fitted with other materials such as but not limited to concrete, paving slabs, or tiles, but exclude fire hydrants. The cast iron articles concerned currently fall within CN codes ex 7325 10 00 and ex 7325 99 10.
Countries/Economies: The Chinese mainland, India.
Action: On 10 December 2016, the Official Journal published a notice of initiation of an anti-dumping proceeding concerning imports of certain cast iron articles originating in the Chinese mainland and India. The European Commission received a complaint alleging that the imports concerned are being dumped and are thereby causing material injury to the Union industry. The complaint was lodged on 31 October 2016 by seven Union producers (‘the complainants’), said to be representing more than 25% of the total Union production of certain cast iron articles. Since the Chinese mainland is still considered to be a non-market economy country, the complainants have established a normal value for the imports on the basis of the price in a market economy third country, namely the U.S. In addition, the complainants also established normal value on the basis of prices in Norway and India. The allegation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under investigation when sold for export to the Union. The Commission envisages use of the sampling procedure, and has provisionally chosen India as the market economy third country. For all details, traders should examine the notice of initiation.
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 should be made in writing and should 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. Provisional measures may be imposed no later than nine months from the publication of the notice.
 
Commodity: Seamless pipes and tubes of stainless steel (excluding such pipes and tubes with attached fittings suitable for conducting gases or liquids for use in civil aircraft), currently falling within CN codes 7304 11 00, 7304 22 00, 7304 24 00, ex 7304 41 00, 7304 49 10, ex 7304 49 93, ex 7304 49 95, ex 7304 49 99 and ex 7304 90 00 (TARIC codes 7304410090, 7304499390, 7304499590, 7304499990 and 7304900091).
Countries/Economies: The Chinese mainland.
Action: On 10 December 2016, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes of stainless steel originating in the Chinese mainland. Following the publication of the notice of impending expiry of the anti-dumping measures in force, the European Commission received a request for the review. The request was lodged on 8 September 2016 by Seamless Stainless Steel Tubes Industry of the European Union (‘ESTA’ or ‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of certain seamless pipes and tubes of stainless steel (‘SSSPT’). The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 1331/2011. As regards the allegation of the likelihood of recurrence of injury, the applicant is said to have provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review to the Union is likely to increase due to the existence of the unused capacity of the exporting producers’ manufacturing facilities in the Chinese mainland and due to the attractiveness of the EU market given that higher prices prevail in this market. The applicant also alleges that the removal of injury has been primarily due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned, should measures be allowed to lapse, would likely lead to a recurrence of injury to the Union industry. The Commission envisages using sampling. For all details, traders are advised to examine the notice of initiation.
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 publication of the notice.
 
Commodity: Dry sodium gluconate with a Customs Union and Statistics (CUS) number 0023277-9 and a Chemical Abstracts Service (CAS) registry number 527-07-1, currently falling within CN code ex 2918 16 00 (TARIC code 2918 16 00 10).
Countries/Economies: The Chinese mainland.
Action: On 10 December 2016, the Official Journal published Commission Implementing Decision 2016/2229 terminating the partial interim review of the anti-dumping measures applicable to imports of sodium gluconate originating in the Chinese mainland limited to one Chinese exporting producer, namely, Shandong Kaison. It will be recalled that, by Implementing Regulation 965/2010, the Council imposed a definitive anti-dumping duty on imports of the product concerned. The Commission received a request for a partial interim review lodged by Jungbunzlauer SA and Roquette Italia SpA (‘the applicants’). The request was limited in scope to the examination of dumping as far as one exporting producer, namely Shandong Kaison, was concerned. However, by letter of 22 September 2016 addressed to the Commission, the applicants withdrew their request for the review. A proceeding may be terminated when the request is withdrawn, unless such termination would not be in the Union interest. The investigation did not bring to light any considerations showing that such termination would not be in the Union interest. Therefore, the Commission considered that the investigation should be terminated. Interested parties were informed accordingly and were given an opportunity to comment. However, no comments were received.
Dates: Commission Implementing Decision 2016/2229 entered into force on the day following that of its publication in the Official Journal.
 
Commodity: Certain corrosion resistant steels (‘CRS’), namely, flat-rolled products of iron or alloy steel or non-alloy steel; aluminium killed; plated or coated by hot dip galvanisation with zinc and/or with aluminium, and no other metal; chemically passivated; containing by weight: 0.015% or more but not more than 0.170% of carbon, 0.015% or more but not more than 0.100% of aluminium, not more than 0.045% of niobium, not more than 0.010% of titanium and not more than 0.010% of vanadium; presented in coils, cut-to-length sheets and narrow strips. The following products are excluded: — of stainless steel, of silicon-electrical steel, and of high-speed steel, — not further worked than hot-rolled or cold-rolled (cold-reduced). CRS currently falls within the following CN codes: ex 7210 41 00, ex 7210 49 00, ex 7210 61 00, ex 7210 69 00, ex 7212 30 00, ex 7212 50 61, ex 7212 50 69, ex 7225 92 00, ex 7225 99 00, ex 7226 99 30 and ex 7226 99 70 (TARIC codes: 7210 41 00 20, 7210 49 00 20, 7210 61 00 20, 7210 69 00 20, 7212 30 00 20, 7212 50 61 20, 7212 50 69 20, 7225 92 00 20, 7225 99 00 22, 7225 99 00 35, 7225 99 00 92, 7226 99 30 10, 7226 99 70 94).
Countries/Economies: The Chinese mainland.
Action: On 9 December 2016, the Official Journal published a notice of initiation of an anti-dumping proceeding concerning imports of certain corrosion resistant steels originating in the Chinese mainland. The complaint was lodged on 25 October 2016 by the European Steel Association (‘Eurofer’) on behalf of eight Union producers (‘the complainants’) of certain corrosion resistant steels, said to be representing more than 53% of the total Union production of some corrosion resistant steels. The complainants have established a normal value for the imported product under investigation on the basis of the price in a market economy third country, namely Canada. The notice states that the complainants have provided evidence that the imports have increased overall in absolute terms and in terms of market share. The prima facie evidence provided by the complainants apparently shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the level of prices charged and on market share held by the Union industry, resulting in substantial adverse effects on the overall performance and/or the financial situation of the Union industry. The Commission envisages the use of sampling. For full details of sampling and of the treatment to be afforded to exporting producers of mainland China which is still considered to be a non-market economy, traders should examine the notice of initiation.
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 should be made in writing and should 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. Provisional measures may be imposed no later than 9 months from the publication of the notice.
 
Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels, as further described in Article 1 of Implementing Regulation 1238/2013 and Article 1 of Implementing Regulation 1239/2013.
Countries/Economies: The Chinese mainland.
Action: On 8 December 2016, the Official Journal published Commission Implementing Regulation 2016/2146 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU. The latter Decision confirmed the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of the product concerned for the period of application of definitive measures. The two exporting producers are named as: (a) Ningbo Huashun Solar Energy Technology Co., Ltd, covered by the TARIC additional code: B856 (‘Huashun China’); and (b) Jiangsu Seraphim Solar System Co., Ltd, covered by the TARIC additional code: B836 (‘Seraphim China’). While monitoring compliance with the undertaking, the Commission verified information submitted by Huashun China and Seraphim China that was relevant to the undertaking. The Commission also assessed publicly available information regarding the corporate structure of the two companies. The findings set out in recitals 27 to 30 of Commission Implementing Regulation 2016/2146 address the problems identified for Huashun China and Seraphim China which oblige the Commission to withdraw the acceptance of the undertaking for these exporting producers. The undertaking stipulates that a breach by an individual exporting producer does not automatically lead to the withdrawal of the acceptance of the undertaking for all exporting producers. In this case, pursuant to an assessment, the Commission concluded that the responsibility for the breaches lies alone with the exporting producers in question. The Commission therefore concluded that the overall functioning of the undertaking is not affected and that there are no grounds for a withdrawal of the acceptance of the undertaking in respect of the other parties still subject to it.
Rates: The definitive anti-dumping duty imposed by Article 1 of Council Implementing Regulation 1238/2013 and the definitive countervailing duty imposed by Article 1 of Council Implementing Regulation 1239/2013 automatically apply to imports originating in or consigned from the Chinese mainland of the product concerned and produced by Ningbo Huashun Solar Energy Technology Co. Ltd, covered by the TARIC additional code: B856 and, Jiangsu Seraphim Solar System Co. Ltd covered by the TARIC additional code: B836 as of the day of entry into force of Commission Implementing Regulation 2016/2146.
Dates: Commission Implementing Regulation 2016/2146 entered into force on the day following that of its publication in the Official Journal.

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