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Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of sulphanilic acid originating, inter alia, in India and the countervailing measures applicable to imports of sulphanilic acid originating in India

(2005/C 101/14)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 (1) (‘the basic anti-dumping Regulation’), and Article 19 of Council Regulation (EC) No 2026/97 (2) (‘the basic anti-subsidy Regulation’).

1.   Request for review

The request was lodged by Kokan Synthetics & Chemicals Pvt. Ltd (‘the applicant’), an exporter in India.

The request is limited in scope to the form of the measure and, in particular, to the examination of the acceptability of an undertaking which the applicant has stated that it is ready to offer.

2.   Product

The product under review is sulphanilic acid originating in India (‘the product concerned’), currently classifiable within CN code ex 2921 42 10 (TARIC code 29214210*60). This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1339/2002 (3) and a definitive countervailing duty imposed by Council Regulation (EC) No 1338/2002 (4) on imports of sulphanilic acid originating in India.

4.   Grounds for the review

The Commission had already accepted an undertaking from the applicant when definitive anti-dumping and countervailing measures were imposed in July 2002. However, in March 2004 the applicant voluntarily withdrew its undertakings, allegedly motivated by the fact that Chinese exporters, who are also subject to anti-dumping duties, absorbed the duty thus rendering the undertaking unworkable. After conclusion of an absorption review concerning imports originating in the People's Republic of China (5), the applicant is prepared to again offer its undertaking under the former terms and conditions, which were considered appropriate to eliminate the relevant injurious effects of dumping and subsidisation. Therefore, it is warranted to review the form of the measures applying to imports of the product concerned from the applicant.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) and Article 19 of the basic anti-dumping and anti-subsidy Regulations respectively, limited in scope to the examination of acceptability of an undertaking to be offered by the applicant.

(a)   Collection of information and holding of hearings

In order to obtain the information it deems necessary for its investigation, the Commission will inform the applicant and the Indian authorities of the initiation of the review. The applicant shall be requested to provide information and supporting evidence in regard to its request for a review, in particular, to provide details of the undertaking that it has stated that it is prepared to offer. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

All interested parties are hereby invited to make their views known and provide the Commission with relevant information together with supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 6(a) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(b) of this notice.

6.   Time limits

(a)   For parties to make themselves known, to submit relevant information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit relevant information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

7.   Written submissions and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (6)’ and, in accordance with Article 19(2) and 29(2) of the basic anti-dumping and anti-subsidy Regulations, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 and Article 28 of the basic anti-dumping and anti-subsidy Regulations, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 and Article 28 of the basic anti-dumping and anti-subsidy Regulations, the result may be less favourable to that party than if it had cooperated.

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p .12).

(3)OJ L 196, 25.7.2002, p. 11. Regulation as last amended by Council Regulation (EC) No 492/2004 (OJ L 80, 18.3.2004, p. 6).

(4)OJ L 196, 25.7.2002, p. 1. Regulation as last amended by Council Regulation (EC) No 492/2004 (OJ L 80, 18.3.2004, p. 6).

(5)OJ L 40, 12.2.2004, p. 17.

(6)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1), Article 29 of Council Regulation (EC) No 2026/97 (OJ L 288, 21.10.1997, p. 1), Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement) and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

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