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Anti-dumping Actions

Commodity: Tungsten welding electrodes, including tungsten bars and rods for welding electrodes, containing 94% or more by weight of tungsten, other than those obtained simply by sintering, whether or not cut to length, currently falling within CN codes ex 8101 99 10 and ex 8515 90 00 (TARIC codes 8101 99 10 10 and 8515 90 00 10). This description of the commodity concerned is set out in Article 1 of Council Implementing Regulation 508/2013.

Countries/Economies: The Chinese mainland.

Action: On 2 September 2017, the Official Journal published a notice of the impending expiry of certain anti-dumping measures, namely, those targeting tungsten electrodes originating in mainland China. The Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures are scheduled to expire on 5 June 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.

 

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 8305100050). 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.

Countries/Economies: The Chinese mainland.

Action: On 1 September 2017, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of lever arch mechanisms originating in the Chinese mainland. Following the publication of a notice of impending expiry of the anti-dumping measures in force, the European Commission received a request for a review. The request was lodged on 30 May 2017 by the Lever Arch Mechanism Manufacturers Association (‘the applicant’) on behalf of three Union producers said to be representing about 95% of the total Union production of lever arch mechanisms. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 796/2012. The request is based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and recurrence of injury to the Union industry. The applicant has provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review is likely to increase due to the potential of the manufacturing facilities of the exporting producers in the Chinese mainland. The applicant further alleges that sales of Chinese-origin lever arch mechanisms at dumped prices exerted a price pressure on the EU industry for more than a decade, and that the prices have not yet gone back to what would be a level playing field and healthy competition. Accordingly, protective measures would still be necessary to prevent the recurrence of injurious dumping. The applicant also alleges that the removal of injury has been mainly due to the existence of measures and that substantial volumes of imports at dumped prices from the Chinese mainland would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse. The Commission may use the sampling procedure, the details of which can be found in the notice.

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 the publication of the notice in the Official Journal.

 

Commodity: Open mesh fabrics of glass fibres, of a cell size of more than 1.8 mm both in length and in width and weighing more than 35 g/m2, excluding glass fibre discs, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes: 7019510014, 7019510015, 7019590014 and 7019590015) produced by SPG GLASS FIBRE PVT. LTD (TARIC additional code C205).

Countries/Economies: The Chinese mainland, India, Indonesia.

Action: On 1 September 2017, the Official Journal published Commission Implementing Regulation 2017/1514 initiating a review of Council Implementing Regulation 1371/2013. The latter Regulation extends the definitive anti-dumping duty imposed by Implementing Regulation 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the Chinese mainland to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not. The review is initiated for the purposes of determining the possibility of granting an exemption from those measures to one Indian exporting producer. The new Regulation therefore repeals the anti-dumping duty with regard to imports from that exporting producer and makes imports from that exporting producer subject to registration. The request was lodged on 26 January 2017 by SPG GLASS FIBRE PVT. LTD (‘the applicant’), an exporting producer of certain open mesh fabrics of glass fibres in India. The Commission has examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation. The Union industry known to be concerned was informed of the request for a review and was given an opportunity to comment, but did not provide any substantiated arguments indicating that the opening of an investigation is not warranted.

Dates: In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. The applicant must submit the completed questionnaire within 37 days of the date of entry into force of Commission Implementing Regulation 2017/1514, unless otherwise specified. Subject to the provisions of that 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 the 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: 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), 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 (TARIC codes 8501310081, 8501310089, 8501320041, 8501320049, 8501330061, 8501330069, 8501340041, 8501340049, 8501612041, 8501612049, 8501618041, 8501618049, 8501620061, 8501620069, 8501630041, 8501630049, 8501640041, 8501640049, 8541409021, 8541409029, 8541409031 and 8541409039). For a detailed description please see Article 1 of Commission Implementing Regulation 2017/366 or Commission Implementing Regulation 2017/367

Countries/Economies: The Chinese mainland.

Action: On 24 August 2017, the Official Journal published Commission Implementing Regulation 2017/1497 withdrawing the acceptance of an undertaking for one exporting producer under Implementing Decision 2013/707/EU. The latter Decision confirmed acceptance of the undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of the products concerned originating in or consigned from the Chinese mainland for the period of application of definitive measures. As per the text of the undertaking, any exporting producer may voluntarily withdraw its agreement to the undertaking at any time during its application. Shanghai Shenzhou notified the Commission in June 2017 that it wished to withdraw its agreement thereto on its own behalf as well as on behalf of the related companies listed in recital 4 of new Commission Implementing Regulation 2017/1497. Therefore, the Commission concluded that the acceptance of the undertaking for Shanghai Shenzhou and the related companies listed in said recital 4 should be withdrawn. Accordingly, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation 2017/367 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation 2017/366 automatically apply to imports of the product concerned originating in or consigned from the Chinese mainland and produced by Shanghai Shenzhou and the related companies listed in said recital 4 (jointly covered by TARIC additional code B875) as of the day of entry into force of the Regulation.

Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

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