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Anti-dumping Actions

Commodity: High tenacity yarns of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex, falling within CN code 5402 20 00. This description is taken from Article 1 of Implementing Regulation 2017/325.

Countries/Economies: The Chinese mainland.

Action: On 11 October 2019, the Official Journal published Commission Implementing Regulation 2019/1706 of 10 October 2019 amending Implementing Regulation 2017/325 imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters. It may be recalled that, following an expiry review, the original measures on the product concerned were prolonged for five years by Implementing Regulation 2017/325. The company Wuxi Solead Technology Development Co., Ltd came forward after the publication of Implementing Regulation 2017/325 and submitted a request to the Commission to be granted new exporting producer treatment and hence be subject to the duty rate applicable to the cooperating companies in the Chinese mainland not included in the sample, i.e. 5.3%.The Commission has concluded that the applicant meets the three criteria to be considered as a new exporting producer. Therefore, it concluded that its name should be added to the list of cooperating companies not included in the sample in the Annex to Implementing Regulation 2017/325.

Rates: Individual anti-dumping duty rates apply, ranging from 5.1% to 9.8% on imports of the product concerned for the sampled exporting producers from the Chinese mainland. For the cooperating exporting producers that were not included in the sample, a duty rate of 5.3% is imposed. Furthermore, a country-wide duty rate of 9.8% is imposed on imports of the product concerned from all other mainland Chinese companies. Due to the conclusions referred to above, the company Wuxi Solead Technology Development Co., Ltd is subject to the duty rate applicable to the cooperating companies in the Chinese mainland not included in the sample, i.e. 5.3%.

Dates: Commission Implementing Regulation 2019/1706 entered into force on the day following that of its publication in the Official Journal of the European Union.

Commodity: Flat-rolled products of stainless steel, whether or not in coils (including products cut-to-length and narrow strip), not further worked than hot-rolled, currently falling under HS codes 7219 11, 7219 12, 7219 13, 7219 14, 7219 22, 7219 23, 7219 24, 7220 11 and 7220 12. The following products are excluded: Products, not in coils, of a width of 600 mm or more and of a thickness exceeding 10 mm.

Countries/Economies: The Chinese mainland and Indonesia.

Action: On 10 October 2019, the Official Journal published a notice of initiation of an anti-subsidy proceeding concerning imports of certain hot rolled stainless steel sheets and coils. The complaint, pursuant to which the proceeding has been initiated, was lodged on 26 August 2019 by Eurofer, the European Steel Association (‘the complainant’) said to be acting on behalf of four Union producers representing the entirety of Union production of certain hot rolled stainless steel sheets and coils. The Commission considers that the complaint includes sufficient evidence that the producers of the product under investigation from the Chinese mainland and from Indonesia have benefitted from a number of countervailable subsidies. The Commission reserves the right to investigate other relevant subsidy practices which may be revealed during the course of the investigation. The investigation will determine whether the product under investigation originating in the countries concerned is being subsidised and whether these subsidised imports have caused or threaten to cause material injury to the Union industry.

Dates: All interested parties wishing to comment on the complaint (including matters pertaining to injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the complaint) must do so within 37 days of the date of publication of the notice. Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of the notice. The investigation will be concluded within normally 12 months, but not more than 13 months of the date of the publication of the notice. Provisional measures may be imposed normally not later than 9 months from the publication of the notice. For all other applicable deadlines and information, interested parties are advised to carefully examine the notice of initiation.

Commodity: Road wheels of steel, whether or not with their accessories and whether or not fitted with tyres, designed for: (1) Road tractors; (2) Motor vehicles for the transport of persons and/or the transport of goods; (3) Special purpose motor vehicles (for example, fire fighting vehicles, spraying lorries); (4) Trailers or semi-trailers, not mechanically propelled, of road tractors, currently falling within CN codes ex 8708 70 10, ex 8708 70 99, ex 8716 90 90 (TARIC codes 8708 70 10 80, 8708 70 10 85, 8708 70 99 20, 8708 70 99 80, 8716 90 90 95, and 8716 90 90 97). The following products are excluded: (1) Road wheels of steel for the industrial assembly of pedestrian-controlled tractors currently falling under subheading 8701 10; (2) Wheels for road quad bikes; (3) Wheel centres in star form, cast in one piece, of steel; (4) Wheels for motor vehicles, specifically designed for uses other than on public roads (for example, wheels for agricultural tractors or forestry tractors, for forklifts, for pushback tractors, for dumpers designed for off-highway use); (5) Wheels for passenger car trailers, caravans, agricultural trailers and other trailed agricultural equipment used in fields, with a rim diameter of maximum 16 inches.

Countries/Economies: The Chinese mainland.

Action: On 10 October 2019, the Official Journal published Commission Implementing Regulation 2019/1693 imposing a provisional anti-dumping duty on imports of steel road wheels. It states that, on the basis of the conclusions reached by the Commission on dumping, injury, causation and Union interest, provisional measures have to be imposed to prevent further injury being caused to the Union industry by the dumped imports. Provisional anti-dumping measures are imposed on imports in accordance with the so-called “lesser duty rule”. The Commission compared the injury margins and the dumping margins, also taking into account the circumstances described in recitals (18) and (184) of the Regulation. The amount of the duties should be set at the level of the lower of the dumping and the injury margins. In the case at hand, the amount of the duties have been set at the level of the injury margins.

Rates: The rates of the provisional anti-dumping duty is set at 50.3% for a number of listed entities and other cooperating companies listed in Annex I of the Regulation, while it is set at 66.4% for all other companies. 

Dates: Commission Implementing Regulation 2019/1693 entered into force on the day following that of its publication in the Official Journal. The provisional duty shall apply for a period of six months. Interested parties have to submit their written comments on the Regulation to the Commission within 15 calendar days of the date of entry into force of the Regulation. Interested parties wishing to request a hearing with the Commission have to do so within 5 calendar days of the date of entry into force of the Regulation. Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings have to do so within 5 calendar days of the date of entry into force of the Regulation. The Hearing Officer will examine requests submitted outside this time limit and may decide whether to accept such requests if appropriate.

Commodity: Glazed and unglazed ceramic flags and paving, hearth or wall tiles; glazed and unglazed ceramic mosaic cubes and the like, whether or not on a backing, currently falling within HS code 6907. This description is taken from Article 1 of Implementing Regulation 2017/2179.

Countries/Economies: The Chinese mainland.

Action: On 9 October 2019, the Official Journal published Commission Implementing Regulation 2019/1687 amending Annex 1 to Implementing Regulation 2017/2179 imposing a definitive anti-dumping duty on imports of the product concerned. It may be recalled that, on 22 November 2017, following an expiry review, the EU decided, by means of Implementing Regulation 2017/2179, to maintain the anti-dumping duties on the product concerned that were already in force. Pursuant to Article 2 of that Regulation, the Commission may grant a new exporting producer the duty rate applicable to the cooperating companies not sampled or not granted individual treatment, namely the weighted average duty rate of 30.6%, where any new exporting producer in the Chinese mainland provides sufficient evidence to the Commission. In October 2018, the company Zhuhai Xuri Ceramics Co., Ltd (‘the applicant’) came forward, after the publication of the Implementing Regulation 2017/2179, and submitted a request to be granted new exporting producer treatment. Following the analysis of the company’s questionnaire response, the Commission considered that the applicant had provided sufficient information and did not request further supporting evidence. Therefore, the Commission has concluded that the applicant’s name should be added to the list of cooperating producers not sampled or not granted individual treatment listed in Annex I of Implementing Regulation 2017/2179.

Rates: Pursuant to Implementing Regulation 917/2011 and then 2017/2179, duty rates ranging from 13.9% to 36.5% have been imposed on the companies included in a sample, while other cooperating companies not included in the sample have been attributed a duty rate of 30.6%. The residual duty imposed on non-cooperating Chinese exporting producers amounts to 69.7%. Pursuant to the conclusions drawn by the Commission, imports of the product concerned from the applicant will be levied the weighted average duty rate of 30.6% instead of the residual duty rate of 69.7%.  Dates: This Regulation entered into force on the day following that of its publication in the Official Journal of the European Union.

Content provided by Picture: HKTDC Research
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