You have probably heard lots of rumours about this case over the last week or so, but I have now heard from a number of reliable sources that the Commission will impose provisional anti-dumping duties on imports of ceramic tableware and kitchenware from China. The deadline for the imposition of duties is 16 November. The measures will be published in the
Official Journal no later than 15 November.
The information in the OJ will also include the list of companies that will receive individual duty rates, together with the relevant
rate for each company.
This is obviously deeply disappointing news, particularly as a majority of EU member states voted against the Commission’s
proposal. It is also frustrating that the Commission refused to reveal its intentions until 3 days before the deadline for the imposition of the duties.
This is not the end of the story. The Commission will continue with its investigation and will need to make recommendations next year on “definitive” measures for this case. The BRC will remain active in lobbying against measures, and we shall focus our efforts on making sure that the majority of member states who voted against the measure at the provisional stage do so again at the definitive stage, when their decision will be binding upon the Commission.
What can be done now?
We strongly recommend that all importers should contact their suppliers in China and establish what rate of ADD will apply.
Any supplier whose goods will be subject to the countrywide rate (58.8%) or to the co-operating exporter rate (26.6%), in other words any supplier who does not have an individual rate, has not had his pricing structure investigated and therefore may be subject to a disproportionately high rate of ADD. Similarly, new suppliers who were not eligible to participate in the initial investigation will be subject to the countrywide rate, without having had any opportunity to demonstrate the extent to which their own pricing structure may be defensible against dumping allegations.
The opportunity for these suppliers to request an individual review will arise when definitive ADD is imposed, expected to be in May 2013, however, the preparation for submission of well-argued requests for review should start as soon as possible, in order that they have the best possible chance of securing ADD rates lower than the default rates.
We can help your suppliers to construct a comprehensive and fully supported application for review, but we need you to point your suppliers in our direction.
At the time of writing, the Commission has still not published the necessary regulation to impose provisional ADD, but we will advise further when this happens. If you have any questions please contact us on 01635 521 624 or by email to firstname.lastname@example.org.