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Anti-dumping Actions

Commodity: Certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof currently falling within CN codes ex 7325 10 00 (TARIC code 7325100031) and ex 7325 99 10 (TARIC code 7325991051). For more details of the commodity, please see Article 1 of Commission Implementing Regulation 2017/1480.

Countries/Economies: The Chinese mainland, India

Action: On 17 August 2017, the Official Journal published Commission Implementing Regulation 2017/1480 imposing a provisional anti-dumping duty on imports of certain cast iron articles originating in the Chinese mainland. It may be recalled that on 10 December 2016, the European Commission initiated an anti-dumping investigation with regard to imports into the Union of certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof (‘cast iron articles’) originating in the Chinese mainland and in India. The Commission initiated the investigation following a complaint lodged on 31 October 2016 by seven Union producers, namely Fondatel Lecompte SA, Ulefos Niemisen Valimo Oy Ltd, Saint-Gobain PAM SA, Fonderies Dechaumont SA, Heinrich Meier Eisengießerei GmbH & Co. KG, Saint-Gobain Construction Products UK Ltd and Fundiciones de Odena SA (‘the complainants’). The complainants were said to represent more than 40% of the total Union production of cast iron articles. The complaint contained evidence of dumping and of resulting material injury that was sufficient to justify the initiation of the investigation. On the basis of the conclusions reached by the Commission on dumping, injury, causation and Union interest, it has decided that provisional measures should be imposed to prevent further injury being caused to the Union industry by the dumped Chinese imports. With regard to India, since no dumping was found, no provisional measures will be imposed, but the investigation will continue until definitive findings are made.

Rates: The rates of the provisional anti-dumping duty range from 25.3% to 42.8% for named companies, while the rate for ‘all other companies’ is 42.8%.

Dates: Within 25 calendar days of the date of entry into force of the Regulation, interested parties may: (a) request disclosure of the essential facts and considerations on the basis of which the Regulation was adopted; (b) submit their written comments to the Commission; and (c) request a hearing with the Commission and/or the Hearing Officer in trade proceedings. Within 25 calendar days of the date of entry into force of the Regulation, the parties referred to in Article 21(4) of Regulation (EU) 2016/1036 may comment on the application of the provisional measures. The Regulation entered into force on the day following that of its publication in the Official Journal. Article 1, setting out the measures, shall apply for a period of 6 months.

 

Commodity: Certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries (or ‘new and retreaded tyres’) currently falling within CN codes 4011 20 90 and 4012 12 00.

Action: On 11 August 2017, the Official Journal published a notice of initiation of an anti-dumping proceeding concerning imports of new and retreaded tyres for buses or lorries originating in the Chinese mainland. The European Commission had received a complaint alleging that imports of the product concerned are being dumped and are thereby causing material injury to the Union industry. The complaint was lodged on 30 June 2017 by the coalition against unfair tyres imports (‘the complainant’) on behalf of producers said to be representing more than 45% of the total Union production of new and retreaded tyres for buses or lorries. The complainant is said to have provided evidence that imports of the product under investigation have increased overall in absolute terms and have increased in terms of market share. The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have had, among other consequences, a negative impact on the quantities sold and the market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the employment situation of the Union industry. As part of its investigation, the Commission may use the sampling procedure. For details, please view the notice of initiation.

Dates: Should the existence of dumping and injury caused thereby be established, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of the notice in the Official Journal, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation. Parties that make themselves known within the aforementioned deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of the notice, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, the information submitted will only be taken into account if supported by factual evidence at the time of submission. Subject to the provisions of the notice, all interested parties are furthermore 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 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.

 

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 found in Council Implementing Regulation 430/2013.

Countries/Economies: The Chinese mainland, Thailand

Action: On 12 August 2017, the Official Journal published a notice of the impending expiry of certain anti-dumping measures, namely, those targeting the abovementioned commodity. The European Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures will expire on 15 May 2018. 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 which is mentioned above.

 

Commodity: Ceramic tableware and kitchenware, excluding ceramic knives, ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling within CN codes ex 6911 10 00, ex 6912 00 10, ex 6912 00 30, ex 6912 00 50 and ex 6912 00 90 (TARIC codes 6911 10 00 90, 6912 00 10 11, 6912 00 10 91, 6912 00 30 10, 6912 00 50 10 and 6912 00 90 10). This description is found in Regulation 412/2013.

Countries/Economies: The Chinese mainland

Action: On 12 August 2017, the Official Journal published a notice of the impending expiry of certain anti-dumping measures, namely, those targeting the abovementioned commodity. The European Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures will expire on 16 May 2018. 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 which is mentioned above.

 

Commodity: 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). The product concerned is currently falling within 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: 7210410020, 7210490020, 7210610020, 7210690020, 7212300020, 7212506120, 7212506920, 7225920020, 7225990022, 7225990035, 7225990092, 7226993010, 7226997094).

Countries/Economies: The Chinese mainland.

Action: On 10 August 2017, the Official Journal published Commission Implementing Regulation 2017/1444 imposing a provisional anti-dumping duty on imports of certain corrosion resistant steels (CRS) originating in the Chinese mainland. The investigation was initiated on 9 December 2016. The Commission initiated the investigation following a complaint lodged on 25 October 2016 by the European Steel Association (‘Eurofer’ or ‘the complainant’) on behalf of producers said to be representing more than 53% of the total Union production of CRS. Following the request of 24 May 2017 by the complainant, apparently supported by the required evidence, the Commission published Implementing Regulation 2017/1238 on 8 July 2017 making imports of the product concerned subject to registration as of 9 July 2017. It is stated that the Commission had sufficient prima facie evidence justifying the need to register imports as imports and market shares from the country concerned had sharply increased after the investigation was initiated and the Commission concluded that the legal conditions had been met. On the basis of the conclusions reached by the Commission on dumping, injury, causation and Union interest, provisional measures should, it was felt, be imposed to prevent further injury being caused to the Union industry by the dumped imports. As mentioned above the Commission made imports of the product concerned originating in and consigned from the Chinese mainland subject to registration. This was in view of the possible retroactive application of the anti-dumping measures under Article 10(4) of the basic Regulation. No decision on a possible retro-active application of anti-dumping measures can be taken at this stage of the proceeding.

Rates: The rates of the provisional anti-dumping duty range from 17.2% to 28.5%. The rate of residual duty (for ‘all other companies’) is 28.5%.

Dates: Within 25 calendar days of the date of entry into force of the Regulation, interested parties may: (a) request disclosure of the essential facts and considerations on the basis of which the Regulation was adopted; (b) submit their written comments to the Commission; and (c) request a hearing with the Commission and/or the Hearing Officer in trade proceedings. Within 25 calendar days of the date of entry into force of the Regulation, the parties referred to in Article 21(4) of Regulation 2016/1036 may comment on the application of the provisional measures.

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