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Anti-dumping Actions

Commodity: Chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather, currently falling within CN codes 4114 10 10 and 4114 10 90.

Countries/Economies: The Chinese mainland.

Action: On 6 December 2017, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of chamois leather 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 an expiry review, which was lodged on 7 September 2017 by the UK Leather Federation (‘the applicant’) on behalf of producers said to be representing more than 25% of the total Union production of chamois leather. The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation 1153/2012. The review request is based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and injury to the Union industry. The Commission envisages use of the sampling procedure. For full details of this, please view the notice of initiation. An expiry review can result only in the repeal or continuation of the duties in force. If measures are maintained, they will normally remain in force for another five years. An expiry review cannot lead to a change in the level or form of the duties; these can only be changed by an interim review. If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, the party is allowed to request a review by contacting the European Commission and providing sufficient evidence of the need for a review.

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 in the Official Journal. 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.

 

Commodity: Trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933698070, 3808942020).

Countries/Economies: The Chinese mainland.

Action: On 5 December 2017, the Official Journal published Commission Implementing Regulation 2017/2230 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid (TCCA) originating in the Chinese mainland, following an expiry review. It will be recalled that, following the publication of the notice of impending expiry of the anti-dumping measures in force, the Commission received a request for the initiation of an expiry review. The request was lodged by two Union producers: Ercros SA and Inquide SA (‘the applicants’) who are said to have represented more than 50% of the total estimated Union production of TCCA in 2015. The request was based on the grounds that the expiry of the measures in force would in all likelihood result in the continuation of dumping and injury to the Union industry. The findings of the investigation showed that the Chinese exporting producers continued selling TCCA at dumped prices to the Union market. The Commission also established that the Chinese mainland has significant spare capacity of the product concerned. Finally, the Union market remains attractive for the Chinese exporting producers given its large size and relatively high prices. Moreover, the Commission concluded that the repeal of the measures would result in a recurrence of injury to the Union industry.

Rates: The rate of the definitive anti-dumping duty is set as follows: between 7.3% and 40.5% for named companies, and 42.6% for all other companies.

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

 

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 (45), 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. The TARIC codes are listed in Annex I to Commission Implementing Regulation 2017/2232. For the various footwear definitions, please see Article 1 of the aforementioned Regulation.

Countries/Economies: The Chinese mainland, Vietnam.

Action: On 5 December 2017, the Official Journal published Commission Implementing Regulation 2017/2232 reimposing 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 Vietnam and produced by certain exporting producers. It may be recalled that, by Regulation 1472/2006, the Council had imposed definitive anti-dumping duties ranging from 9.7% to 16.5% on imports of certain footwear with uppers of leather, originating in Vietnam and in the Chinese mainland for two years (‘the contested Regulation’). Since then, a number of footwear companies have challenged the contested Regulation. In Commission Implementing Regulation 2017/2232 published on 5 December 2017, the Commission notes that, having taken account of the comments made and the analysis thereof, the Commission concluded that the residual anti-dumping duty applicable to mainland China and Vietnam, i.e. 16.5% and 10% respectively, should be reimposed for the period of application of the contested Regulation. It also notes that the Commission suspended the assessment of the companies listed in Annex III of Commission Implementing Regulation 2017/423 until the importer claiming reimbursement from national customs authorities informed the Commission of the names and addresses of the exporting producer(s) from which the relevant traders purchased footwear, or where no reply was received within that period of time, the expiry of the deadline set by the Commission for providing that information. In Article 3 of Regulation 2017/423 the Commission also instructed the relevant national customs authorities not to reimburse the customs duties collected until the Commission finalised the assessment of the relevant MET/IT claims. As a consequence, Pentland Brands Ltd, Puma UK Ltd and Deichmann Shoes UK Ltd came forward and identified their suppliers. The Commission analysed the MET/IT claims of the suppliers identified in the current Regulation. It follows that the Commission finalised the assessment of the situation of the companies listed in Annex III of Regulation 2017/423. As a result, for companies listed in Annex III of Commission Implementing Regulation 2017/423, the Commission has no record that these companies submitted any MET/IT claim form in the original investigation. It is deemed that the relevant reimbursement claim of the importers should therefore not be granted because the contested Regulation has not been annulled as far as they are concerned. For ease of reference, the Commission has reproduced Annex III of Regulation 2017/423 as Annex VI to the newly published Regulation.

Rates: The rate of the definitive anti-dumping duty applicable to the price of the products concerned and manufactured by the exporting producers listed in Annex II to the Regulation shall be 16.5% for the Chinese exporting producers concerned and 10% for the Vietnamese exporting producer concerned.

Dates: Commission Implementing Regulation 2017/2232 entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Certain aluminium foil. For details of the commodity please see Article 1 of Commission Implementing Regulation 2017/2213.

Countries/Economies: The Chinese mainland.

Action: On 1 December 2017, the Official Journal published Commission Implementing Regulation 2017/2213 amending 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. The new Regulation notes that, with Commission Implementing Regulation 2017/271, the definitive anti-dumping duty imposed on imports of certain aluminium foil originating in the Chinese mainland was extended to imports of slightly modified certain aluminium foil. Implementing Regulation 2017/271 is now amended by the new Regulation. The amendment is deemed necessary as Article 1(1) of Regulation 2017/271 refers to Regulation 925/2009 when extending the applicable anti-dumping duties to the slightly modified certain aluminium foil. However, as the measures which had previously been in force for Armenia and Brazil, but are no longer in force for those countries, the correct reference should have been the EU Regulation for the measures in force for mainland China only, namely Commission Implementing Regulation 2015/2384. Therefore, it is deemed appropriate to amend Article 1(1) of Regulation 2017/271 retroactively by a reference to Commission Implementing Regulation 2015/2384 instead of Council Regulation 925/2009. To view the amended Article 1(1) of Regulation 2017/271, please click on the following: Commission Implementing Regulation 2017/2213.

 

Commodity: Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 (TARIC codes 8427900011, 8427900013 and 8427900019) and ex 8431 20 00 (TARIC codes 8431200011, 8431200013 and 8431200019), originating in the Chinese mainland, as extended to the same product but presented at import with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis, that is to say not integrated in the forks, currently falling within TARIC codes 8427900030 and 8431200050. For the purpose of the Regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (high lifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissor lifts); or (iv) to lift and to weigh the loads (weighing trucks).

Countries/Economies: The Chinese mainland.

Action: On 30 November 2017, the Official Journal published Commission Implementing Regulation 2017/2206 imposing a definitive anti-dumping duty on hand pallet trucks and their essential parts originating in the Chinese mainland, following an expiry review. It will be recalled that, following the publication of a notice of impending expiry, the Commission received a request for the initiation of an expiry review. The request was lodged by two Union producers, Toyota Material Handling Manufacturing Sweden AB and PR Industrial S.r.l. (‘the applicants’), said to be representing more than 25% of the total Union production of hand pallet trucks and their essential parts. In its conclusion on dumping pursuant to the review investigation, the Commission considered that should the measures be repealed there is a strong likelihood of continuation of dumping. Indeed, based on the dumping margins found during the review investigation period (RIP) for imports into the Union market, it is felt to be likely that imports from mainland China will continue to be made at dumped prices. Moreover, in view of the significant production capacity and spare capacity available in mainland China, even though there are no indications about the absorption capacity, and given the attractiveness of the Union market, it is felt to be likely that these imports will continue to enter the Union market in large quantities that are likely to significantly further increase should measures be allowed to lapse.

Rates: The rate of the definitive anti-dumping duty is established at 70.8% for Zhejiang Noblelift Equipment Joint Stock Co. Ltd, 54.1% for Ningbo Logitrans Handling Equipment Co., Ltd, and 70.8% for all other companies.

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

 

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, 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 Article 1 of Council Implementing Regulation 412/2013.

Countries/Economies: The Chinese mainland.

Action: On 30 November 2017, the Official Journal published Commission Implementing Regulation 2017/2207 amending Council Implementing Regulation 412/2013 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the Chinese mainland. Under the previous procedure, on 13 May 2013 the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tableware and kitchenware (‘tableware’) by means of Implementing Regulation 412/2013 (‘the original Regulation’). In the original investigation a large number of exporting producers made themselves known. As a result the Commission selected a sample of Chinese exporting producers to be investigated. Four companies came forward after the publication of Regulation 412/2013 claiming that they met all three criteria for being treated as new exporting producers, and provided supporting evidence. The Commission analysed the evidence submitted by all four companies and found that they have indeed met the three criteria to be considered as new exporting producers. All four companies have therefore been added to the list of exporting producers from the Chinese mainland in Annex I to Implementing Regulation 412/2013.

Rates: In the previous procedure, the Council imposed individual duty rates on imports of tableware ranging from 13.1% to 23.4% on the sampled companies, and a weighted average duty of 17.9% on other cooperating companies not included in the sample. In addition, a duty rate of 36.1% was imposed on imports of tableware from all other Chinese companies. In Article 3 of Implementing Regulation 412/2013, it is stated that in the case of valid new exporting producers, the Regulation can be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, in this case the weighted average duty rate of 17.9%.

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

Content provided by Picture: HKTDC Research
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