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Anti-dumping Actions

Commodity: Certain seamless pipes and tubes of stainless steel currently falling within CN codes ex 7304 11 00, ex 7304 22 00, ex 7304 24 00, ex 7304 41 00, ex 7304 49 10, ex 7304 49 93, ex 7304 49 95, ex 7304 49 99 and ex 7304 90 00 consigned from India (TARIC codes: 7304110011, 7304110019, 7304220021, 7304220029, 7304240021, 7304240029, 7304410091, 7304491091, 7304499391, 7304499591, 7304499991 and 7304900091)
Countries/Economies: The Chinese mainland, India.
Action: On 17 February 2017, the Official Journal published Commission Implementing Regulation 2017/272 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation 1331/2011 on imports of certain seamless pipes and tubes of stainless steel originating in the Chinese mainland by imports consigned from India, whether declared as originating in India or not, and making such imports subject to registration. The European Commission has received a request to investigate the possible circumvention of the anti-dumping measures imposed, and to make such imports subject to registration. The request was lodged on 3 January 2017 by the Defence Committee of the Seamless Stainless Steel Tubes Industry of the European Union (‘the applicant’). The request is said to contain sufficient prima facie evidence that the anti-dumping measures imposed on the product concerned are being circumvented by imports of the product under investigation consigned from India. The evidence submitted includes information on a significant change in the pattern of trade involving exports from the two countries to the Union following the imposition of the measures, without sufficient due cause or economic justification for such a change other than the imposition of the duty. Imports of the products under investigation shall be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.
Dates: Commission Implementing Regulation 2017/272 entered into force on the day following that of its publication in the Official Journal. The investigation will be concluded within nine months from the date of entry into force of the Regulation. Questionnaires must be requested from the Commission within 15 days from the date of entry into force of the Regulation. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of entry into force of the Regulation, unless otherwise specified. Producers in India requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time-limit. Interested parties may also apply to be heard by the Commission within the same 37-day time-limit.

Commodity: Aluminium foil as further described in detail in Article 1 of Commission Implementing Regulation 2017/271.
Countries/Economies: The Chinese mainland.
Action: On 17 February 2017, the Official Journal published Commission Implementing Regulation 2017/271 extending the definitive anti-dumping duty imposed by Council Regulation 925/2009 on imports of certain aluminium foil originating in the Chinese mainland to imports of slightly modified certain aluminium foil. It will be recalled that by Regulation 925/2009, the Council imposed a definitive anti-dumping duty of 30% on imports of aluminium foil of a thickness of not less than 0.008 mm and not more than 0.018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg from the Chinese mainland for all companies other than the ones mentioned in Article 1(2) of that Regulation. In December 2015, the measures on the same product were extended by Commission Implementing Regulation 2015/2384 (the expiry review). On 18 April 2016, the European Commission received a request indicating that the measures in force on imports of certain aluminium foil are being circumvented by imports of slightly modified products concerned from the Chinese mainland. The applicant requested anonymity on the grounds of a threat of commercial retaliation. The Commission considered the request substantiated and agreed to keep the applicant's identity confidential. Based on the findings of the investigation, the Commission concluded that duties on imports of the product concerned as defined in the original investigation were circumvented by imports of slightly modified products. The investigation also showed that there was a change in the pattern of trade between the Chinese mainland and the Union, and that there was insufficient due cause or economic justification for this change other than the imposition of the duty. The Commission also found that these imports cause injury and that the remedial effects of the duty are being undermined in terms of the prices and/or quantities of the like product. Evidence of dumping in relation to the normal values previously established for the like product was also found.
Rates: The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation 925/2009 has been extended to imports of aluminium foil as described in Article 1 of Commission Implementing Regulation 2017/271. Some companies, as also mentioned in said Article 1, are exempted from the extension. Moreover, the product described in said Article 1 (paragraph 1) shall be exempted from the definitive anti-dumping duty if it is imported for other uses than the use of household foil.
Dates: Commission Implementing Regulation 2017/271 entered into force on the day following that of its publication in the Official Journal.

Commodity: Aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10, ex 7615 10 90, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615109010, 7616991091, 7616999001 and 7616999091), as described in Council Implementing Regulation 1039/2012.
Countries/Economies: The Chinese mainland.
Action: On 15 February 2017, the Official Journal published a notice of the impending expiry of certain anti-dumping measures, namely, those targeting aluminium radiators imported from mainland China. The Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures will expire on 10 November 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 10 November 2017.

Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, currently falling within CN codes ex 8501 31 00, ex 8501 32 00, ex 8501 33 00, ex 8501 34 00, ex 8501 61 20, ex 8501 61 80, ex 8501 62 00, ex 8501 63 00, ex 8501 64 00 and ex 8541 40 90. For exclusions from the product scope, see: Commission Implementing Regulation 2017/242
Countries/Economies: The Chinese mainland.
Action: On 11 February 2017, the Official Journal published Commission Implementing Regulation 2017/242 initiating a review of Implementing Regulations 2016/184 and 2016/185 (extending the definitive countervailing and anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not) for the purposes of determining the possibility of granting an exemption from those measures to one Malaysian exporting producer, repealing the anti-dumping duty with regard to imports from that exporting producer and making imports from that exporting producer subject to registration. The Regulation states that the European Commission has received a request for an exemption from the anti-dumping and countervailing measures applicable to imports of the product concerned. The request was lodged on 21 October 2016 by Jinko Solar Technology SDN.BHD (‘the applicant’), an exporting producer of crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels in Malaysia. The applicant has claimed that it did not export the product under review to the Union during the investigation period used in the investigation that led to the extended measures, namely the period from 1 April 2014 to 31 March 2015. In addition, the applicant has claimed that it has not circumvented the existing measures. The applicant has further claimed that after the investigation period, used in the investigation that led to the extended measures, it has entered into an irrevocable contractual obligation to export a significant quantity to the Union. The Commission has examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation for the purposes of determining the possibility of granting the applicant an exemption from the extended measures. The Union industry known to be concerned was informed of the request for a review and was given an opportunity to comment. The Union industry claimed that since the applicant is related to a Chinese group subject to measures which withdrew from the existing Undertaking, the risk of circumvention is particularly high. The Commission will pay particular attention to this relationship and carefully examine if the relationship with the companies subject to the existing measures was not established or used to circumvent the measures. The Commission will also consider whether particular monitoring conditions should be imposed in case the investigation will conclude that granting the exemption is warranted. The anti-dumping duty in force is to be repealed with regard to imports of the product under review which are produced and sold for export to the Union by the applicant. At the same time, such imports are to be made subject to registration. As there is no legal basis in the basic anti-subsidy Regulation to repeal the anti-subsidy measures in force, these measures will remain in force. Only should the review result in the finding that the applicant is entitled to an exemption, the anti-subsidy measures in force will be repealed through a Regulation granting such an exemption.
Dates: Subject to the provisions of the Regulation, all interested parties are 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 entry into force of the Regulation. 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 initiation stage of the investigation the request must be submitted within 15 days of the date of entry into force of this Regulation. 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 nine months of the date of the entry into force of the Regulation. The Regulation entered into force on the day following that of its publication in the Official Journal.

Commodity: steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, currently falling within CN codes ex 7312 10 81, ex 7312 10 83, ex 7312 10 85, ex 7312 10 89 and ex 7312 10 98 (TARIC codes 7312108112, 7312108113, 7312108119, 7312108312, 7312108313, 7312108319, 7312108512, 7312108513, 7312108519, 7312108912, 7312108913, 7312108919, 7312109812, 7312109813 and 7312109819).
Countries/Economies: The Chinese mainland.
Action: On 8 February 2017, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of steel ropes and cables originating in the
Chinese mainland. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 102/2012, as last amended by Commission Implementing Regulation 2016/90, and extended to imports consigned from Morocco whether declared as originating in Morocco or not, by Council Regulation 1886/2004 and extended to imports consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not, by Council Implementing Regulation 400/2010. The request for an expiry review was lodged on 7 November 2016 by the Liaison Committee of EU Wire Rope Industries (EWRIS) (‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of steel ropes and cables. Since the Chinese mainland is still considered to be a non-market economy country, the applicant established normal value for the imports on the basis of the price in a market economy third country, namely Turkey (the Commission also envisages using Turkey, which had also been used in the previous investigation). The allegation of likelihood of continuation 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 review when sold for export to the Union. On this basis the dumping margins calculated are believed to be significant. The applicant alleges the likelihood of recurrence of injury. In this respect the applicant has provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity of the manufacturing facilities of the exporting producers in the Chinese mainland. 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 country concerned would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse. The Commission envisages using the sampling procedure. The notice of initiation should be examined for all procedural requirements and timelines.
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. 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: Certain polyethylene terephthalate currently falling within CN code 3907610000.
Countries/Economies: The Chinese mainland.
Action: On 7 February 2017, the Official Journal published Commission Decision 2017/206 terminating an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Chinese mainland. On 29 June 2015, the European Commission received a request for review of the anti-dumping measures applicable to the imports. The request was lodged by the Committee of Polyethylene Terephthalate (PET) Manufacturers in Europe (‘C.P.M.E’) (‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of PET. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 1030/2010. The request was based on the grounds that the expiry of these measures would be likely to result in a recurrence of dumping and of injury to the Union industry. On 13 November 2015, the Commission announced the initiation of an expiry review. Then, by a letter of 17 November 2016 to the Commission, the applicant formally withdrew its request for the expiry review. The proceeding may be terminated where the request is withdrawn, unless such termination would not be in the Union interest. The investigation has not brought to light any considerations showing that such termination would be against the Union interest. Therefore, the expiry review of the anti-dumping measures applicable to imports of the product concerned has been terminated.
Dates: The Decision entered into force on the day following that of its publication in the Official Journal.

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