26 Jan 2018
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 Article 1 of Council Implementing Regulation 430/2013.
Countries/Economies: The Chinese mainland, Thailand.
Action: On 12 January 2018, the Official Journal published Commission Implementing Decision 2018/52 terminating the partial interim review concerning imports of certain threaded tube or pipe cast fittings of malleable cast iron originating in the Chinese mainland and Thailand. By Council Implementing Regulation 430/2013 definitive anti-dumping measures were imposed on the product concerned. On 23 May 2017, the European Commission initiated a partial interim review. It published a notice of Initiation in this regard, following a request lodged on 25 July 2016 by Hebei Yulong Casting Co., Ltd (‘the applicant’), a Chinese exporting producer of the product concerned. The applicant requested the review in order to determine whether bodies of compression fittings using DIN 28601 thread, and cross-shaped fittings with two unthreaded central through holes (‘the products for potential exclusion’) should be excluded from the product scope of the Implementing Regulation 430/2013. As the measures also apply to imports originating in Thailand, the Commission decided on its own initiative to initiate the review for imports from Thailand as well. The request contained sufficient evidence to justify the initiation of the review. On 8 September 2017, the applicant withdrew its request for the review. When the applicant withdraws its request, the review may be terminated unless such termination would not be in the Union interest. The Commission considered that the review should be terminated with regard to the Chinese mainland since the investigation had not brought to light any consideration demonstrating that such termination would not be in the Union interest. In addition, since there was no further relevant information with regard to Thailand, the review has been terminated for Thailand as well.
Dates: The Decision entered into force on the day following that of its publication in the Official Journal.
Commodity: bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC code 8712003010 and 8712007091).
Countries/Economies: The Chinese mainland, Indonesia, Malaysia, Sri Lanka and Tunisia.
Action: On 12 January 2018, the Official Journal published Commission Implementing Regulation 2018/49 amending Council Implementing Regulation 501/2013 following a ‘new exporter’ review. The Commission states that it has received a request for an exemption from the anti-dumping measures applicable to imports of bicycles originating in the Chinese mainland extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not. The request was lodged on 13 September 2016 by Look Design System SA (‘the applicant’), an exporting producer of bicycles in Tunisia (‘the country concerned’). The applicant has alleged that it has complied with the three conditions for being a ‘new exporter’: it is not related to any of the exporters or producers in the country concerned which are subject to the extended measures on bicycles; it did not export bicycles to the EU during the reporting period used in the investigation that led to the extended measures and it has not circumvented the existing measures; and it provided evidence that it has exported the product under review to the EU in August 2016. The Commission thus initiated, by Implementing Regulation 2017/777, a review of Implementing Regulation 501/2013 with regard to the applicant. The Commission examined whether the three aforementioned conditions for granting new exporter status have been met. The Commission established that the company should be considered a ‘new exporter’ and thus the exemption request should be assessed accordingly. The sources of raw materials (bicycle parts) and the cost of production of the applicant were analysed to establish whether it was engaged in assembly operations. The investigation revealed that the bicycles exported to the EU during the reporting period did not include bicycle parts from the Chinese mainland. The parts mainly originated from other countries and the raw materials (bicycle parts) from the Chinese mainland constituted thus less than 60% of the total value of the parts of the assembled product (60/40 test). Consequently, as the applicant complied with the 60/40 test, it was not required to assess whether the value added to the parts brought in, during the assembly or completion operation, was greater than 25% of the manufacturing cost. It was also not required to assess whether the remedial effects of the duty were being undermined in terms of prices and/or quantities and whether there was evidence of dumping. Moreover, no evidence was found that the applicant purchased bicycles from the Chinese mainland, or that it transhipped Chinese-produced bicycles into the EU. The Commission, therefore, concluded that the applicant is a genuine producer of bicycles, not related to any producer of bicycles located in the Chinese mainland. Consequently, the Commission decided to exempt the applicant from the extended measures.
Dates: The Regulation entered into force on the day following 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. For a full commodity description please see Article 1 of Council Implementing Regulation 102/2012.
Countries/Economies: The Chinese mainland, the Republic of Korea.
Action: The Official Journal has published a notice concerning the anti-dumping measures in force in respect of imports into the EU of steel ropes and cables originating, inter alia, in the Chinese mainland, as extended to imports of steel ropes and cables consigned from, inter alia, the Republic of Korea, whether declared as originating in the Republic of Korea or not. The notice recalls that the measures currently in force are an anti-dumping duty imposed by Council Implementing Regulation 102/2012, as last amended by Commission Implementing Regulation 2016/1167 (‘the measures in force’). Imports into the EU of steel ropes and cables consigned from the Republic of Korea are subject to a duty of 60.4%, with the exception of the product manufactured by companies that are exempted as genuine producers by Regulation 102/2012 (as amended). One company located in the Republic of Korea, namely CS Co., Ltd., whose exports to the Union of steel ropes and cables are exempted from the anti-dumping duty as it was found to be a genuine producer, informed the Commission that their official address had changed. The Commission examined the information supplied and concluded that CS Co., Ltd. remains the identical company under the same company registration number with a modification only of its business address, and that this modification does not affect the findings of Implementing Regulation 102/2012. The reference to CS Co., Ltd. in the table set out in Article 1(4) of Implementing Regulation 102/2012, as last amended by Implementing Regulation 2016/1167, is to be interpreted in light of its change in address to 31-102, Junam maeul 2-gil, Yangsan, Gyeongsangnam-do. For reasons of clarity, its TARIC additional code remains A969.
Dates: The notice was published on 12 January 2018.
Commodity: Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling within CN codes ex 8712 00 30 and ex 8712 00 70 (TARIC codes 8712003010 and 8712007091) from City Cycle Industries (TARIC additional code B131).
Countries/Economies: The Chinese mainland, Sri Lanka.
Action: On 11 January 2018, the Official Journal published Commission Implementing Regulation 2018/28 re-imposing a definitive anti-dumping duty on imports of bicycles whether declared as originating in Sri Lanka or not from City Cycle Industries. Following a judgment from the Court of Justice of the EU, on 11 April 2017 the Commission published a Notice partially reopening the anti-circumvention investigation concerning imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not that led to the adoption of the contested Regulation. The reopening was limited in scope to the implementation of the Court’s judgment with regard to City Cycle. On 11 April 2017, the Commission made imports of bicycles consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, in so far as it concerns the Sri Lankan company City Cycle Industries subject to registration. On the basis of its findings, the Commission considered it appropriate to re-extend the original measures to imports of bicycles and other cycles from City Cycle Industries. In light of the specific nature of the anti-circumvention instrument, which is designed to protect the effectiveness of the anti-dumping instrument, and in view of the fact that the investigation has revealed evidence that points to the existence of the circumventing practices based on the company's own reported data, the Commission considers it appropriate to re-impose measures as from the date of the registration.
Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.