Commodity: candles, tapers and the like, other than memory lights and other outdoor burners, falling within CN codes ex 3406 00 11, ex 3406 00 19 and ex 3406 00 90 (TARIC codes 3406 00 11 90, 3406 00 19 90 and 3406 00 90 90). For the purposes of the Regulation, ‘memory lights and other outdoor burners' means candles, tapers and the like which have one or more of the following characteristics: (a) their fuel contains more than 500 ppm of toluene; (b) their fuel contains more than 100 ppm benzene; (c) they have a wick with a diameter of at least 5 mm; (d) they are individually contained in a plastic container with vertical walls of at least 5 cm in height. Countries/Economies: mainland China Action: On 14 May 2009, the Official Journal published Council Regulation 393/2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain candles, tapers and the like originating in mainland China. It is recalled that on 16 February 2008, the Commission initiated an anti-dumping proceeding based on a complaint lodged by certain producers of the product concerned representing a major proportion, in this case around 60%, of the total Community production of certain candles, tapers and the like. The complaint contained prima facie evidence of dumping of the said product and of material injury, which was considered sufficient to justify the initiation of an investigation. By Regulation 1130/2008 the Commission imposed a provisional anti-dumping duty on imports of certain candles, tapers and the like originating in mainland China. Following the anti-dumping investigation, it was concluded that the dumped imports originating in mainland China have caused material injury to the Community industry. In view of the high dumping and injury margins, it was also considered that on the basis of the information submitted there was not sufficient evidence to conclude that the possible imposition of measures would be clearly disproportionate and against the Community interest. Therefore, a definitive anti-dumping duty was imposed on certain candles, tapers and the like. Rates: The rate of the definitive anti-dumping duty is a fixed amount of euros per tonne of fuel content (usually but not necessarily in the form of tallow, stearin, paraffin wax or other waxes, including the wick) of the products within a range from zero to €549.33 per tonne of fuel, depending on the companies listed. Cooperating exporting producers not included in the sample (listed in Annex I) are subject to an anti-dumping duty of €345.86 per tonne of fuel. Dates: Regulation 393/2009 entered into force on 15 May 2009.
Commodity: not plated or not coated wire of non-alloy steel, wire of non-alloy steel plated or coated with zinc and stranded wire of non-alloy steel whether or not plated or coated with not more than 18 wires, containing by weight 0.6% or more of carbon, with a maximum cross-sectional dimension exceeding 3 mm, falling within CN codes ex 7217 10 90, ex 7217 20 90, ex 7312 10 61, ex 7312 10 65 and ex 7312 10 69 (TARIC codes 7217 10 90 10, 7217 20 90 10, 7312 10 61 11, 7312 10 61 91, 7312 10 65 11, 7312 10 65 91, 7312 10 69 11 and 7312 10 69 91) Countries/Economies: mainland China Action: On 13 May 2009, the Official Journal published Council Regulation 383/2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in mainland China It is recalled that on 16 February 2008 the Commission initiated an anti-dumping proceeding based on a complaint lodged by Eurostress Information Service (ESIS) on behalf of producers representing a major proportion of the total Community production of PSC wires and strands in this case more than 57%. The complaint contained prima facie evidence of dumping of the said product and of material injury, which was considered sufficient to justify the initiation of an investigation. By Regulation 1129/2008 the Commission imposed a provisional anti-dumping duty on imports of PSC wires and strands originating in mainland China. Following the anti-dumping investigation, it was concluded that the dumped imports originating in mainland China have caused material injury to the Community industry. In view of the high dumping and injury margins, it was also considered that on the basis of the information submitted there was not sufficient evidence to conclude that the possible imposition of measures would be clearly disproportionate and against the Community interest. Therefore, a definitive anti-dumping duty was imposed on PSC wires and strands originating in mainland China. Rates: The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, was set, for "for all other companies" at 46.2%. Kiswire Qingdao, Ltd, Qingdao was granted 0%, and Ossen Innovation Materials Co. Joint Stock Company Ltd, Maanshan, and Ossen Jiujiang Steel Wire Cable Co. Ltd, Jiujiang were granted a reduced rate of 31.1%. Dates: Regulation 383/2009 entered into force on 14 May 2009.
Commodity: glyphosate falling within CN codes ex 29310095 (TARIC code 2931009582) and ex 38089327 (TARIC code 3808932719). Countries/Economies: mainland China; measures extended to imports of glyphosate consigned from Malaysia and Taiwan. Action: On 15 May 2009, the Official Journal published Commission Regulation 2009/383 suspending the definitive anti-dumping duties imposed on imports of glyphosate originating in mainland China. It is recalled that the current measure in force is an anti-dumping duty imposed by Council Regulation 1683/2004, following a combined interim and expiry review. The duty had been extended to imports consigned from Malaysia and Taiwan by Council Regulation 163/2002. Audace, an association of users and distributors of the product concerned, has submitted information on a change of market conditions which occurred after the expiry review investigation period (i.e. from 1 January 2002 to 31 December 2002), and alleged that such changes would justify the suspension of the measures currently in force, in accordance with Article 14(4) of the basic Regulation. Consequently, the Commission examined whether such suspension was warranted. The Commission has established inter alia that the situation of the Community industry has improved up to the first half of 2008. Due to a strong increase in prices on the EU market, an increase of the sales volume and value, and the relatively stable production costs, profits expressed as a percentage of turnover have increased significantly. These positive trends are confirmed by more recent figures for the main Community producer, which represents the large majority of the Community industry's production and sales volume. On the basis of the market information currently available, it is not expected that this situation will change substantially in the event of a suspension of the measures. Therefore, the Commission decided to suspend the definitive anti-dumping duties for a period of nine months. Commission Regulation 2009/383 entered into force on 16 May 2009.
Commodity: plywood consisting solely of sheets of wood, each ply not exceeding 6mm thickness, with at least one outer ply of okoumé, currently classifiable within CN code ex 4412 13 10. This definition covers both plywood made solely with okoumé (full okoumé) and plywood with one or two outer faces made of okoumé (faced okoumé), the inner layers being made of other species of wood. Countries/Economies: mainland China Action: On 19 May 2009, the Official Journal published a Notice of the impending expiry of certain anti-dumping measures. The notice concerns the expiry of anti-dumping measures on okoumé plywood originating in the Chinese mainland. It is recalled that the current measure in force is an anti-dumping duty imposed by Council Regulation 1942/2004. Community 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 Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request. Dates: The anti-dumping measures are due to expire on 13 November 2009.
Commodity: glyphosate falling within CN codes ex 29310095 (TARIC code 2931009582) and ex 38089327 (TARIC code 3808932719). Countries/Economies: mainland China; measures extended to imports of glyphosate consigned from Malaysia and Taiwan. Action: On 20 May 2009, the Official Journal published a Notice of the impending expiry of certain anti-dumping measures. The notice concerns the expiry of anti-dumping measures on glyphosate originating in mainland China. It is recalled that the current measure in force is an anti-dumping duty imposed by Council Regulation 1683/2004, following a combined interim and expiry review. The duty had been extended to imports consigned from Malaysia and Taiwan by Council Regulation 163/2002. Community 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 Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request. Dates: The anti-dumping measures are due to expire on 1 October 2009.
Commodity: tungsten carbide and fused tungsten carbide falling within CN code 2849 90 30. Countries/Economies: mainland China Action: On 20 May 2009, the Official Journal published a Notice of the impending expiry of certain anti-dumping measures. The notice concerns the expiry of anti-dumping measures on the product concerned originating in the Chinese mainland. It is recalled that the current measure in force is an anti-dumping duty imposed by Council Regulation 2268/2004. Community 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 Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request. Dates: The anti-dumping measures are due to expire on 1 January 2010.
Commodity: synthetic staple fibres of polyester, not carded, combed or otherwise processed for spinning, currently classifiable within CN code 5503 20 00. It is commonly referred to as polyester staple fibres. Countries/Economies: mainland China, Saudi Arabia, Republic of Korea and Taiwan Action: On 21 May 2009, the Official Journal published Council Regulation 412/2009 amending Regulation 428/2005 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in mainland China and Saudi Arabia, amending Regulation 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan. It is recalled that definitive anti-dumping duties on the product concerned were imposed by Council Regulation 2852/2000, subsequently amended by Council Regulation 428/2005. On 10 June 2005, Huvis Corporation (‘Huvis') lodged a request before the Court of First Instance of the European Communities (‘CFI') to annul Article 2 of Regulation 428/2005 as far as the anti-dumping duty rate with regard to Huvis was concerned. On 8 July 2008, the CFI annulled Article 2 of Regulation 428/2005 with regard to Huvis. The CFI found, among other things, that the EU Institutions did not sufficiently justify the use of different methodologies applied in the original investigation on the one hand and the review investigation on the other hand when calculating Huvis' individual duty rate. Article 2 of Regulation 428/2005 was consequently annulled to the extent to which the anti-dumping duty imposed on exports into the European Community of goods produced and exported by Huvis exceeded that which would be applicable if the method applied in the original investigation had been used. The individual rate calculated for Huvis had formed part of the basis for calculating the weighted average duty that should apply to non-sampled cooperating Korean exporters. Therefore the dumping margin for cooperating companies not included in the sample has been recalculated. The new dumping margin for cooperating Korean exporting producers not included in the sample established on the basis of a weighted average dumping margin is 4.4%. Regulation 412/2009 does not affect rates of anti-dumping duties applicable to exporting producers from mainland China. Dates: Council Regulation 412/2009 entered into force on 22 May 2009.