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Anti-dumping Actions

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) as further descried in Article 1 of Implementing Regulation 2017/367 and Implementing Regulation 2017/366.

Countries/Economies: The Chinese mainland.

Action: The Official Journal has published a notice concerning the anti-dumping and countervailing measures in force on imports into the EU of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in the Chinese mainland. The notice concerns the change of name of a company subject to the duty rate for cooperating non-sampled companies. Three companies located in the Chinese mainland whose exports to the Union of the product concerned are subject to the anti-dumping duty rate for cooperating non-sampled companies of 36.2% and countervailing duties of 6.4%, informed the Commission that they had changed their names, as set out in the notice. Each company asked the Commission to confirm that the change of name does not affect their right to benefit from the duty rate already afforded to them under the previous name. The Commission examined the information supplied and concluded that the change of name in no way affects the findings of Implementing Regulation 2017/367 and Commission Implementing Regulation 2017/366, as amended by Implementing Regulation 2017/1570.

Dates: The notice was published on 11 June 2018.

 

Commodity: Bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, falling within CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712007091, 8712007092 and 8712007099).

Countries/Economies: The Chinese mainland

Action: On 4 June 2018, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of bicycles originating in the Chinese mainland. Following the publication of a notice of impending expiry, the European Commission received a request for a review. The request was lodged on 5 March 2018 by the European Bicycle Manufacturer's Association (‘EBMA’ or ‘the applicant’) on behalf of EU bicycle producers said to be representing more than 45% of the total Union production of bicycles. The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation 502/2013. The applicant claimed that it is not appropriate to use domestic prices and costs in the country concerned due to the existence of significant distortions. To substantiate the allegations of significant distortions, the applicant referred to the Commission Staff Working Document dated 20 December 2017: ‘Report on Significant Distortions in the Economy of the PRC for the purposes of the trade defence investigations’. In particular, the applicant refers to the sections on general distortions (e.g. land, energy and capital), and to the section on distortions in the steel, aluminium and chemical sectors, which are core materials used to a large extent in the production of almost all bicycle parts. The same document also stressed serious overcapacity problems in the steel and aluminium market in mainland China concluding that prices in these sectors are not the result of free market forces. In light of the information available, the Commission considers that there is sufficient evidence tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in mainland China is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic anti-dumping Regulation. The Commission envisages use of the sampling procedure.

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, such 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: 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 80 (TARIC codes 8101991010 and 8515908010).

Countries/Economies: The Chinese mainland.

Action: On 31 May 2018, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of tungsten electrodes 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 27 February 2018 by two Union producers (‘the applicants’) said to be representing the total Union production of tungsten electrodes. The applicants claimed that it is not appropriate to use mainland China’s domestic prices and costs due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic anti-dumping Regulation. To substantiate the allegations of significant distortions, the applicants relied on the information contained in the Commission Staff Working Document dated 20 December 2017: ‘Report on Significant Distortions in the Economy of the PRC for the purposes of the trade defence investigations’, describing the specific market circumstances in mainland China. In particular, the production and sales of the product under review is potentially affected due to significant distortions concerning tungsten. Tungsten is the main raw material for the production of the product under review. Its production and sale is potentially affected by the factors described, inter alia, in chapter 12 ‘Raw materials and other material inputs’ of that report. In light of the information available, the Commission considers that there is sufficient evidence tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic anti-dumping Regulation. Use of the sampling procedure is envisaged. For full details please refer to the notice of initiation.

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, such 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.

 

Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels, as further described in Article 1 of Commission Implementing Regulation 2017/366.

Countries/Economies: The Chinese mainland.

Action: The Official Journal has published a corrigendum to Commission Implementing Regulation 2017/366 of 1 March 2017 imposing definitive countervailing duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the Chinese mainland, following an expiry review. The corrigendum concerns a correction of the name of a company found on page 126 in Annex 1.

Dates: The corrigendum was published on 31 May 2018, while the Regulation to which it refers was published on 3 March 2017.

 

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.

Countries/Economies: The Chinese mainland, India, Indonesia, Malaysia, Taiwan and Thailand.

Action: On 31 May 2018, the Official Journal published Commission Implementing Regulation 2018/788 amending Implementing Regulation 2017/1993 imposing a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the Chinese mainland, as extended to imports of certain open mesh fabrics of glass fibres consigned from India, Indonesia, Malaysia, Taiwan and Thailand, whether declared as originating in these countries or not following an expiry review. The measures currently in force are anti-dumping duties imposed by Commission Implementing Regulation 2017/1993 following an expiry review that confirmed the continuation of the measures. The Commission received a request for an exemption from the anti-dumping measures applicable to imports of the product under review originating in the Chinese mainland, as extended to imports consigned from India. The request was lodged on 26 January 2017 by SPG Glass Fibre PVT. LTD (‘the applicant’), an exporting producer of the product under review in India. This request was limited in scope to the possibility of obtaining an exemption from the extended measures as far as the applicant is concerned. The Commission has concluded that the applicant fulfils the conditions for an exemption.

Dates: Commission Implementing Regulation 2018/788 entered into force on the day following that of its publication in the Official Journal.

 

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 7307191010). This product description is taken from the notice of initiation.

Countries/Economies: The Chinese mainland and Thailand.

Action: The Official Journal has published a corrigendum to the notice of initiation of an expiry review of the anti-dumping measures applicable to imports of threaded tube or pipe cast fittings, of malleable cast iron. The corrigendum concerns the email addresses for addressing dumping and injury aspects on page 16 of that notice.

Dates: The corrigendum was published on 29 May 2018, while the notice to which it refers was published on 8 May 2018.

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