Initiation of Anti-Dumping proceeding by EU against certain types of footwear from China and India

No.14/005/AD-EU/2005
July 4, 2005 IMPORTANT & IMMDIATE PLEASE

Member-exporters of footwear
(Leather & Non-leather footwear)

Dear Sir,

Sub: Initiation of Anti-dumping proceeding by EU against certain types of footwear from China and India

We would like bring to your kind notice that the European Union has officially published the Notice of initiation of an anti-dumping proceeding concerning imports of certain footwear with protective toe-cap originating in the People’s Republic of China and India, in its official journal of June 30, 2005. The copy of the same, as downloaded from the website of European Union namely http://europa.eu.int/comm/trade  is forwarded herewith for your perusal and reference. 

Some of the important provisions of the said official notice are given below:

• The product category is covered in Point 2.
  
  

• In Point 3 it is stated that the allegation of dumping for India is based on a comparison of a constructed normal value with the export prices of the product concerned to the Community. 
  
  

• Point 5.1 (a)(i) deals with sampling of exporters /producers in the People’s Republic of China and India. Accordingly, all exporters/producers, or representatives acting on their behalf, are requested to make themselves known by contacting the European Commission and providing the required information on their company or companies within the time limit set in Point 6(b)(1).
  
  

• In Point 5(b) deals with the questionnaire in respect of investigation. 
  
  

• In Point 6 (a) the general time limits for parties to request questionnaire or other claim forms is not later than 10 days from the publication of the notice. 
  
  

• As per Point 6(b)(i) the information specified for sampling for exporters / producers as given in 5.1(a)(i) should reach within 15 days of the date of the publication of this notice. 
  
  

The format of the information indicated in Point 7 (i.e., all submission and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified). The Commission address for correspondence is also given therein. 


Kindly note the following;

The broad description of the footwear (product of investigation) reads as under:

The product allegedly being dumped is certain footwear with uppers of rubber or plastics (excluding water proof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar process) or with uppers of leather or composition leather, having a protective toe-cap originating in the People’s Republic of China and India

Apparently, various footwear with uppers of rubber or plastic or leather or composition leather incorporating a protective toe-cap have been covered under the investigation of EU. Moreover, the word ‘Metal’ is also not specified included in the protective toe-cap. The technical advice about the use of non-metallic protective toe-cap in specific types of footwear is being ascertained for the purpose of clarity and shall inform accordingly. 


Further, for the purpose of sampling for exporters / producers in India, as mentioned at Point No.5(a) (i) of the Notice, the exporters of footwear may have to send the required information to the European Commission through written submission so as to reach the EU Commission within 15 days of the date of the publication of EU notice (which is June 30, 2005).

Exporters who intend to claim individual margin (which can only be claimed by the producers i.e. manufacturer-exporters) may have to specifically seek for the questionnaire or other claim forms immediately from the European Commission but not later than 10 days from the Publication of EU Notice as mentioned in Point No.6(a) (i) read alongwith Point No.5.1(b) Para 2. 

Member-exporters may kindly take immediate action, in respect of the EU Notice on initiation of anti-dumping investigation against Indian footwear and make necessary written submission to European Commission. 

For the ready reference of member-exporters, we forward herewith extract of EU tariff for Chapter 64, wherein CN Codes are given. We also enclose the list of 25 countries who are currently members of European Union. This is for preparing export data of all EU countries.

Thanking you
Yours faithfully,



K Abdul Sattar Khan
Asst Director

Encl: 1) EU Notice 2) Extract of Tariff –Chapter 64 3) List of EU members countries.

NB: It is advisable that the members who have not exported the product of investigation to EU countries during the period 1.4.2004 to 31.3.2005 may also respond to European Commission submitting a ‘Nil’ export statement. 

1. EU Notice
   

2. Extract of Tariff –Chapter 64
   

3. List of EU members countries.