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Anti-dumping Actions

Commodity: Ironing boards, whether or not free-standing, with or without a steam-soaking and/or heating top and/or blowing top, including sleeve boards, and essential parts thereof, i.e. the legs, the top and the iron rest, currently falling within CN codes ex 3924 90 00, ex 4421 99 99, ex 7323 93 00, ex 7323 99 00, ex 8516 79 70 and ex 8516 90 00 (TARIC codes 3924900010, 4421999910, 7323930010, 7323990010, 8516797010 and 8516900051).

Action: On 19 July 2018, the Official Journal published a notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ironing boards originating in the Chinese mainland. The request was lodged on 20 April 2018 by three EU producers, jointly referred to as ‘the applicants’, said to be representing more than 25% of the total Union production of ironing boards. The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 695/2013. The applicants have 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 applicants 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’, describing the specific circumstances. In particular, the applicants claimed that the production and sale of the product under review is potentially affected by the factors mentioned, inter alia, in chapters ‘raw materials and other material inputs’, and ‘steel sector’ of the 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 in the country concerned is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Anti-dumping Regulation. The applicants have provided sufficient evidence that the Union industry is still in a vulnerable state. Inter alia, their profit margin has deteriorated and is now below the target profit as established in the original investigation. The applicants also allege the likelihood of continuation or recurrence of injury. In this respect, the applicants have provided evidence that, should measures be allowed to lapse, the current import level of the product under review from mainland China to the Union is likely to increase due to the existence of unused capacity and to the potential of manufacturing facilities of the Chinese exporting producers to easily switch production between various metal products, from other products to ironing boards. The Commission may use the sampling procedure, the details of which are available in 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 regarding the application of Article 2(6a) of the basic Anti-dumping Regulation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of the notice. With regard to the relevant sources, the Commission requests all producers in the country concerned to provide the information requested in Annex III of the notice within 15 days of the date of publication of the notice. Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Anti-dumping Regulation must be filed within 65 days of the date of publication of the notice. Such factual information should be taken exclusively from publicly available sources. As for other written submissions, 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. 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 as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand. The investigation shall normally be concluded within 12 months and in any event no later than 15 months from 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 (the cells have a thickness not exceeding 400 micrometres), consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not, 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. For excluded products types, please see recital 10 of the new Regulation.

Countries/Economies: The Chinese mainland, Malaysia, Taiwan.

Action: On 19 July 2018, the Official Journal published Commission Implementing Regulation 2018/1017 with regard to the regulations imposing definitive countervailing and anti-dumping duties on imports of crystalline silicon photovoltaic modules and key components (i.e. cells). The new Regulation concerns a ‘new exporter review’ of a Malaysian company, for the purpose of determining the possibility of granting an exemption from the  measures to Longi (Kuching) SDN.BHD (‘the applicant’ or ‘Longi Kuching’), a Malaysian exporting producer of crystalline silicon photovoltaic modules and key components (i.e. cells). In the light of the findings described in recitals (13) to (19) of the new Regulation, the Commission concluded that Longi (Kuching) SDN.BHD fulfils the criteria laid down in the basic anti-dumping Regulation and the basic anti-subsidy Regulation and should be exempted from the extended measures as a new exporting producer. The company Longi (Kuching) SDN.BHD has therefore been added to the list of companies that are exempted from the countervailing duty and anti-dumping duty imposed by Implementing Regulation 2016/184 and Implementing Regulation 2016/185, respectively.

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

 

Commodity: cycles, with pedal assistance, with an auxiliary electric motor, currently falling within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711609010).

Countries/Economies: The Chinese mainland.

Action: On 18 July 2018, the Official Journal published Commission Implementing Regulation 2018/1012 imposing a provisional anti-dumping duty on imports of electric bicycles. The Commission initiated the investigation following a complaint lodged on 8 September 2017 by the European Bicycle Manufacturers Association (‘the complainant’ or ‘EBMA’). The complainant reportedly represents more than 25% of the total Union production of electric bicycles. On 21 December 2017, the Commission initiated an anti-subsidy investigation with regard to imports into the Union of electric bicycles originating in the Chinese mainland and started a separate investigation. In sum, according to Commission Implementing Regulation 2018/1012, confronted with an accelerating flow of dumped imports from mainland China, the Union Industry was not able to capitalise on the growth of the electric bicycle market. The pressure on sales was felt in relation to production, stocks, capacity, capacity utilisation, and employment levels. Between 2016 and the investigation period, overall, production declined, stocks were higher after than before the selling season, capacity was reduced, employment stalled while imports from the Chinese mainland increased by 155 percentage points. The injury indicators for growth, market share, capacity, capacity utilisation, stocks, profit margins, cash flows, and ability to raise capital developed negatively. It was only due to the strong underlying growth in demand that other indicators did not also turn negative. On the basis of these and other points, the Commission concluded at this stage that the Union industry suffered material injury.

Rates: The rates of the provisional anti-dumping duty are set as follows: between 21.8% and 83.6% for named entities, and 83.6% for all other companies.

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 this 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. Commission Implementing Regulation 2018/1012 entered into force on the day following that of its publication in the Official Journal. Article 1 of the Regulation imposing the provisional measures shall apply for a period of six months.

 

Commodity: Ferro-silicon falling within CN codes 7202 21 00, 7202 29 10 and 7202 29 90. This description is set out in Article 1 of Commission Implementing Regulation 360/2014.

Countries/Economies: The Chinese mainland.

Action: On 11 July 2018, the Official Journal published a notice of the impending expiry of the anti-dumping measures imposed on ferro-silicon from the Chinese mainland. The Commission has given notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures will expire on 11 April 2019. 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 abovementioned date of expiry.

 

Commodity: Certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121, currently falling within CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012 12 00 10).

Countries/Economies: The Chinese mainland.

Action: The Official Journal has published a corrigendum to Commission Regulation 2018/683 imposing a provisional anti-dumping duty on imports of certain pneumatic tyres originating in mainland China, and amending Implementing Regulation 2018/163. By means of this corrigendum, the Commission has replaced the text in recital 119 on page 20 of Commission Regulation 2018/683. The change of text concerns the Pirelli Tyre company, which was incorrectly described as a subsidiary of the Aeolus Group. The corrigendum also corrects a spelling mistake of the name of a company found on page 45, in the Annex of Commission Regulation 2018/683.

Dates: The corrigendum was published on 10 July 2018.

Content provided by Picture: HKTDC Research
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