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Council's circular on EU Notice about Anti-Dumping investigation for certain types of footwear from China and India

No.14/005/AD-EU/2005
July 6, 2005 


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

This has reference to Council’s previous mail dated July 4, 2005, informing about the official Notice of European Union issued on June 30, 2005, initiating an anti-dumping proceeding concerning imports of certain footwear with protective toe-cap originating in the People’s Republic of China and India, 

In addition to the information sent by the Council in the matter, the Council would like to bring to your kind notice the following important points / details for taking immediate necessary action by member-exporters.

  1. THE PRODUCT OF INVESTIGATION

  • The product covered by this investigation 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 and originating the People’s Republic of China and India

  • A protective toe-cap is a reinforced covering for the upper-front of the footwear, normally made of metal (e.g. steel, aluminium), but also of synthetic materials of similar strength.

  • Apparently, various types of footwear with uppers of rubber or plastic or leather or composition leather incorporating a protective toe-cap as defined above have been covered under the investigation of EU. 

  • In other words, any type of footwear whether shoes, boots, half boots, sandals etc for men or women or children, in which, a protective toe-cap whether metallic or non-metallic is used are covered under the product of investigation under the EU Notice. 

  • The CN Codes given in the notice under point No 2 are only for information and have no binding effect on the classification of the footwear. 

ACTION FROM THE EXPORTERS 

The exporters who have exported any type of footwear having a protective toe-cap to European Union countries during the period 1st April 2004 to 31st March 2005, have to make themselves known by contacting the commission and providing the following information: 


— name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,


— the turnover in local currency and the volume in pairs of the product concerned sold for export to the Community during the period 1 April 2004 to 31 March 2005,


— the turnover in local currency and the sales volume in pairs for the product concerned on the domestic market during the period 1 April 2004 to 31 March 2005,



— whether the company intends to claim an individual margin (individual margins can only be claimed by producers i.e. manufacturers only) 



Such information should reach the European Commission within 15 days from the date of the publication of the Notice (i.e. before July 15, 2005). 

  • Exporters claiming for indenting to claim an individual margin ie., to take up their claims on individual basis rather than on sampling basis should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of the EU Notice (ie. Before July 10, 2005)

  • All submissions and requests should be made in writing and sent through Courier or Fax (not in electronic format, unless otherwise specified). This must indicate the name, address, email address, telephone and fax, and / or telex numbers of the exporters. Such written communications should be sent to European Commission as per the address given below:


    European Commission
    Directorate General for Trade
    Directorate B
    Office: J-79 5/16
    B-1049 Brussels
    Fax (32-2) 295 65 05

     It is advisable that the exporters who have not exported the types of footwear as given in the scope of the investigation i.e. all footwear with protective toe-cap to the European countries during the period 1.4.2004 to 31.3.2005 may also respond to the European Commission by submitting a ‘Nil’ report. Such information should also be sent within 15 days of the date of the publication of the EU Notice.

  1. QUESTIONNAIRE:

     As per the EU Notice, it is understood that in order to obtain the information for the purpose of investigation, the EU commission will send questionnaire to the sampled exporters / producers in India. The European Commission will decide about the sampling of the exporters / producers in India, based on the preliminary information received from the exporters / producers as mentioned above.

     Accordingly the questionnaire will be sent to sampled exporters / producers in India by the European Commission directly. On receipt of the questionnaire, the exporters concerned have to provide all necessary information to the European Commission and must reach within 37 days from the date of the notification of their inclusion in the sample.

The member-exporters of various types of footwear both leather & non-leather are once again requested to kindly note the all the above and accordingly take appropriate action immediately in the matter.



With warm regards,

Yours sincerely,

S Audiseshiah
Executive Director

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