# Official Journal C 320/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.320.eng |
| --- | --- |
| Official Journal
  of the European Union | C 320 |
| | |
| English edition | Information and Notices | Volume 541 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.320.eng

Official Journal

of the European Union

C 320

English edition

Information and Notices

Volume 541 November 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 320/01 | Publication of the countervalues in national currency of the financial thresholds expressed in euro in Annex I to Council Regulation (EC) No 116/2009 and in the Annex to Council Directive 93/7/EEC | 1 |
| | European Commission |
| 2011/C 320/02 | Euro exchange rates | 2 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 320/03 | Information communicated by Member States regarding closure of fisheries | 3 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 320/01

Publication of the countervalues in national currency of the financial thresholds expressed in euro in Annex I to Council Regulation (EC) No 116/2009 and in the Annex to Council Directive 93/7/EEC

1

European Commission

2011/C 320/02

Euro exchange rates

2

NOTICES FROM MEMBER STATES

2011/C 320/03

Information communicated by Member States regarding closure of fisheries

3

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2011/C 320/04 | Notice of initiation of an anti-dumping proceeding concerning imports of certain tube and pipe fittings of iron or steel originating in Russia and Turkey | 4 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2011/C 320/04

Notice of initiation of an anti-dumping proceeding concerning imports of certain tube and pipe fittings of iron or steel originating in Russia and Turkey

4

| EN | |
| --- | --- |

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 1.11.2011 | EN | Official Journal of the European Union | C 320/1 |
| --- | --- | --- | --- |

1.11.2011

EN

Official Journal of the European Union

C 320/1

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Publication of the countervalues in national currency of the financial thresholds expressed in euro in Annex I to Council Regulation (EC) No 116/2009 and in the Annex to Council Directive 93/7/EEC

2011/C 320/01

Pursuant to the requirement under Annex I(B) to Council Regulation (EC) No 116/2009 and point B of the Annex to Council Directive 93/7/EEC, as modified by Directives 96/100/EC and 2001/38/EC, the financial thresholds applicable to certain categories of cultural goods should be converted into the national currencies of those Member States which do not have the euro as their currency and published in the Official Journal of the European Union.

The countervalues listed hereafter were calculated on the basis of the average daily value of each of the currencies concerned, expressed in euro, during the 24 months ending on the last day of August 2011. These revised values take effect on 31 December 2011.

| EUR | 1 | 15 000 | 30 000 | 50 000 | 150 000 |
| --- | --- | --- | --- | --- | --- |
| BGN Bulgarian lev | 1,9558 | 29 337,00 | 58 674,00 | 97 790,00 | 293 370,00 |
| CZK Czech koruna | 25,05339 | 375 801,00 | 751 602,00 | 1 252 669,00 | 3 758 008,00 |
| DKK Danish krone | 7,449131 | 111 737,00 | 223 474,00 | 372 457,00 | 1 117 370,00 |
| GBP Pound sterling | 0,869671 | 13 045,00 | 26 090,00 | 43 484,00 | 130 451,00 |
| HUF Hungarian forint | 272,8047 | 4 092 070,00 | 8 184 141,00 | 13 640 234,00 | 40 920 703,00 |
| LTL Lithuanian litas | 3,4528 | 51 792,00 | 103 584,00 | 172 640,00 | 517 920,00 |
| LVL Latvian lats | 0,70811 | 10 622,00 | 21 243,00 | 35 406,00 | 106 217,00 |
| PLN Polish zloty | 4,019564 | 60 294,00 | 120 587,00 | 200 978,00 | 602 935,00 |
| RON Romanian leu | 4,215405 | 63 231,00 | 126 462,00 | 210 770,00 | 632 311,00 |
| SEK Swedish krona | 9,487711 | 142 316,00 | 284 631,00 | 474 386,00 | 1 423 157,00 |

EUR

1

15 000

30 000

50 000

150 000

BGN Bulgarian lev

1,9558

29 337,00

58 674,00

97 790,00

293 370,00

CZK Czech koruna

25,05339

375 801,00

751 602,00

1 252 669,00

3 758 008,00

DKK Danish krone

7,449131

111 737,00

223 474,00

372 457,00

1 117 370,00

GBP Pound sterling

0,869671

13 045,00

26 090,00

43 484,00

130 451,00

HUF Hungarian forint

272,8047

4 092 070,00

8 184 141,00

13 640 234,00

40 920 703,00

LTL Lithuanian litas

3,4528

51 792,00

103 584,00

172 640,00

517 920,00

LVL Latvian lats

0,70811

10 622,00

21 243,00

35 406,00

106 217,00

PLN Polish zloty

4,019564

60 294,00

120 587,00

200 978,00

602 935,00

RON Romanian leu

4,215405

63 231,00

126 462,00

210 770,00

632 311,00

SEK Swedish krona

9,487711

142 316,00

284 631,00

474 386,00

1 423 157,00

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European Commission

| 1.11.2011 | EN | Official Journal of the European Union | C 320/2 |
| --- | --- | --- | --- |

1.11.2011

EN

Official Journal of the European Union

C 320/2

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Euro exchange rates (1)

31 October 2011

2011/C 320/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4001 |
| JPY | Japanese yen | 109,22 |
| DKK | Danish krone | 7,4420 |
| GBP | Pound sterling | 0,87310 |
| SEK | Swedish krona | 9,0090 |
| CHF | Swiss franc | 1,2191 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,7015 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,801 |
| HUF | Hungarian forint | 303,55 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7045 |
| PLN | Polish zloty | 4,3447 |
| RON | Romanian leu | 4,3348 |
| TRY | Turkish lira | 2,4563 |
| AUD | Australian dollar | 1,3225 |
| CAD | Canadian dollar | 1,3930 |
| HKD | Hong Kong dollar | 10,8735 |
| NZD | New Zealand dollar | 1,7223 |
| SGD | Singapore dollar | 1,7490 |
| KRW | South Korean won | 1 552,97 |
| ZAR | South African rand | 10,9221 |
| CNY | Chinese yuan renminbi | 8,9000 |
| HRK | Croatian kuna | 7,4970 |
| IDR | Indonesian rupiah | 12 397,32 |
| MYR | Malaysian ringgit | 4,3032 |
| PHP | Philippine peso | 59,749 |
| RUB | Russian rouble | 42,1935 |
| THB | Thai baht | 42,899 |
| BRL | Brazilian real | 2,3647 |
| MXN | Mexican peso | 18,3833 |
| INR | Indian rupee | 68,1780 |

Currency

Exchange rate

USD

US dollar

1,4001

JPY

Japanese yen

109,22

DKK

Danish krone

7,4420

GBP

Pound sterling

0,87310

SEK

Swedish krona

9,0090

CHF

Swiss franc

1,2191

ISK

Iceland króna

NOK

Norwegian krone

7,7015

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,801

HUF

Hungarian forint

303,55

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7045

PLN

Polish zloty

4,3447

RON

Romanian leu

4,3348

TRY

Turkish lira

2,4563

AUD

Australian dollar

1,3225

CAD

Canadian dollar

1,3930

HKD

Hong Kong dollar

10,8735

NZD

New Zealand dollar

1,7223

SGD

Singapore dollar

1,7490

KRW

South Korean won

1 552,97

ZAR

South African rand

10,9221

CNY

Chinese yuan renminbi

8,9000

HRK

Croatian kuna

7,4970

IDR

Indonesian rupiah

12 397,32

MYR

Malaysian ringgit

4,3032

PHP

Philippine peso

59,749

RUB

Russian rouble

42,1935

THB

Thai baht

42,899

BRL

Brazilian real

2,3647

MXN

Mexican peso

18,3833

INR

Indian rupee

68,1780

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(1)  Source: reference exchange rate published by the ECB.

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NOTICES FROM MEMBER STATES

| 1.11.2011 | EN | Official Journal of the European Union | C 320/3 |
| --- | --- | --- | --- |

1.11.2011

EN

Official Journal of the European Union

C 320/3

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Information communicated by Member States regarding closure of fisheries

2011/C 320/03

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 1.10.2011 |
| --- | --- |
| Duration | 1.10.2011-31.12.2011 |
| Member State | Belgium |
| Stock or Group of stocks | PLE/7FG. |
| Species | Plaice (Pleuronectes platessa) |
| Zone | VIIf and VIIg |
| Type(s) of fishing vessels | — |
| Reference number | 1035724 |

Date and time of closure

1.10.2011

Duration

1.10.2011-31.12.2011

Member State

Belgium

Stock or Group of stocks

PLE/7FG.

Species

Plaice (Pleuronectes platessa)

Zone

VIIf and VIIg

Type(s) of fishing vessels

—

Reference number

1035724

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

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(1)  OJ L 343, 22.12.2009, p. 1.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 1.11.2011 | EN | Official Journal of the European Union | C 320/4 |
| --- | --- | --- | --- |

1.11.2011

EN

Official Journal of the European Union

C 320/4

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Notice of initiation of an anti-dumping proceeding concerning imports of certain tube and pipe fittings of iron or steel originating in Russia and Turkey

2011/C 320/04

The European Commission (‘the Commission’) has received a complaint pursuant to Article 5 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), alleging that imports of certain tube and pipe fittings of iron or steel, originating in Russia and Turkey, are being dumped and are thereby causing material injury to the Union industry.

1.   Complaint

The complaint was lodged on 20 September 2011 by the Defence Committee of the Steel Butt-Welding Fittings Industry of the European Union (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 % of the total Union production of certain tube and pipe fittings of iron or steel.

2.   Product under investigation

The product subject to this investigation is tube and pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes (‘the product under investigation’).

3.   Allegation of dumping
   (2)

The product allegedly being dumped is the product under investigation, originating in Russia and Turkey (‘the countries concerned’), currently falling within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90. These CN codes are given for information only.

The allegation of dumping for Turkey is based on a comparison of domestic price with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

In the absence of reliable data on domestic prices for Russia, the allegation of dumping is based on a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) with the export price (at ex-works level) of the product under investigation when sold for export to the Union.

On this basis the dumping margins calculated are significant for both countries concerned.

4.   Allegation of injury

The complainant has provided evidence that imports of the product under investigation from Turkey have increased in terms of market share, whereas imports of the product under investigation from Russia have increased overall in absolute terms and in terms of market share.

The prima facie evidence provided by the complainant shows that the volume and the prices of the imported product under investigation have, among other consequences, had a negative impact on the quantities sold, level of prices and market share held by the Union industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Union industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

The investigation will determine whether the product under investigation originating in the countries concerned is being dumped and whether this dumping has caused injury to the Union industry. If the conclusions are affirmative, the investigation will examine whether the imposition of measures would not be against the Union interest.

5.1.   
  Procedure for the determination of dumping

Exporting producers (3) of the product under investigation from the countries concerned are invited to participate in the Commission investigation.

5.1.1.   Investigating exporting producers

5.1.1.1.   Procedure for selecting exporting producers to be investigated in Russia and Turkey

(a)   Sampling

In view of the potentially large number of exporting producers in Russia and Turkey involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’), i.e. between 1 October 2010 and 30 September 2011 for each of the 27 Member States (4) separately and in total, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold for export to the Union during the investigation period (‘IP’), i.e. between 1 October 2010 and 30 September 2011 for each of the 27 Member States (4) separately and in total,

| — | the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the IP (1 October 2010 to 30 September 2011), |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product under investigation sold on the domestic market during the IP (1 October 2010 to 30 September 2011),

| — | the precise activities of the company worldwide with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company worldwide with regard to the product under investigation,

| — | the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (5) involved in the production and/or sales (export and/or domestic) of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

The exporting producers should also indicate whether, in the event that they are not selected to be in the sample, they would like to receive a questionnaire in order to fill it in and thus claim an individual dumping margin in accordance with section (b) below.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating exporting producers are based on facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of Russia and Turkey and may contact any known associations of exporting producers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the countries concerned and associations of exporting producers will be notified by the Commission, via the authorities of the countries concerned if appropriate, of the companies selected to be in the sample.

All exporting producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

The completed questionnaire will contain information on, inter alia, the structure of the exporting producer's company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union.

Companies that had agreed to their possible inclusion in the sample but were not selected to be in the sample shall be considered to be cooperating (‘non-sampled cooperating exporting producers’). Without prejudice to section (b) below, the anti-dumping duty that may be applied to imports from the non-sampled cooperating exporting producers will not exceed the weighted average margin of dumping established for the exporting producers in the sample (6).

(b)   Individual dumping margin for companies not included in the sample

Non-sampled cooperating exporting producers may request, pursuant to Article 17(3) of the basic Regulation, that the Commission establish their individual dumping margins (‘individual dumping margin’). The exporting producers wishing to claim an individual dumping margin must request a questionnaire in accordance with section (a) above and return them duly completed. The completed questionnaire reply must be submitted within 37 days of the date of the notification of the sample selection, unless otherwise specified.

However, exporting producers claiming an individual dumping margin should be aware that the Commission may nonetheless decide not to determine their individual dumping margin if, for instance, the number of exporting producers is so large that such determination would be unduly burdensome and would prevent the timely completion of the investigation.

5.1.2.   Investigating unrelated importers
   (7)
   (8)

In view of the potentially large number of unrelated importers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission. These parties should do so within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the following information on their company or companies:

| — | name, address, e-mail address, telephone and fax numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone and fax numbers and contact person,

| — | the precise activities of the company with regard to the product under investigation, |
| --- | --- |

—

the precise activities of the company with regard to the product under investigation,

| — | total turnover during the IP (1 October 2010 to 30 September 2011) |
| --- | --- |

—

total turnover during the IP (1 October 2010 to 30 September 2011)

| — | the volume in tonnes and value in EUR of imports into and resales made on the Union market during the IP (1 October 2010 to 30 September 2011) of the imported product under investigation originating in the countries concerned, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made on the Union market during the IP (1 October 2010 to 30 September 2011) of the imported product under investigation originating in the countries concerned,

| — | the names and the precise activities of all related companies (9) involved in the production and/or sales of the product under investigation, |
| --- | --- |

—

the names and the precise activities of all related companies (9) involved in the production and/or sales of the product under investigation,

| — | any other relevant information that would assist the Commission in the selection of the sample. |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample.

By providing the above information, the company agrees to its possible inclusion in the sample. If the company is selected to be part of the sample, this will imply completing a questionnaire and accepting a visit at its premises in order to verify its response (‘on-spot verification’). If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed not to have cooperated in the investigation. The Commission's findings for non-cooperating importers are based on the facts available and the result may be less favourable to that party than if it had cooperated.

In order to obtain the information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under investigation in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the activities of the company(ies) in relation to the product under investigation and on the sales of the product under investigation.

5.2.   
  Procedure for the determination of injury

Injury means material injury to the Union industry, or threat of material injury to the industry, or material retardation of the establishment of such an industry. A determination of injury is based on positive evidence and involves an objective examination of the volume of the dumped imports, their effect on prices on the Union market and the consequent impact of those imports on the Union industry. In order to establish whether the Union industry is materially injured, Union producers of the product under investigation are invited to participate in the Commission investigation.

5.2.1.   Investigating Union producers

In view of the large number of Union producers involved in this proceeding and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below). Other Union producers, or representatives acting on their behalf, that consider that there are reasons why they should be included in the sample, should contact the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union.

All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this notice in the Official Journal of the European Union, unless otherwise specified.

All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known association of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified. The completed questionnaire will contain information on, inter alia, the structure of their company(ies), the financial situation of the company(ies), the activities of the company(ies) in relation to the product under investigation, the cost of production and the sales of the product under investigation.

5.3.   
  Procedure for the assessment of Union interest

Should the existence of dumping and injury caused thereby be established, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether the adoption of anti-dumping measures would be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under investigation.

Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5.4.   
  Other written submissions

Subject to the provisions of this notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence should reach the Commission within 37 days of the date of publication of this notice in the Official Journal of the European Union.

5.5.   
  Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.6.   
  Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (10).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

For this investigation, the Commission will use an electronic document management system. Interested parties are required to make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying questionnaire replies, shall be submitted on paper, i.e. by post or by hand, at the address below. Pursuant to Article 18(2) of the basic Regulation if an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate H |
| Office: N105 04/092 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22956505 |
| E-mail: TRADE-PIPE-FITTINGS-DUMPING@ec.europa.eu |
| TRADE-PIPE-FITTINGS-INJURY@ec.europa.eu |

European Commission

Directorate-General for Trade

Directorate H

Office: N105 04/092

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22956505

E-mail: TRADE-PIPE-FITTINGS-DUMPING@ec.europa.eu

TRADE-PIPE-FITTINGS-INJURY@ec.europa.eu

6.   Non-cooperation

In cases where 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 on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of 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 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer of Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties' rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among others, to dumping, injury, causal link and Union interest. Such a hearing would, as a rule, take place at the latest at the end of the fourth week following the disclosure of provisional findings.

For further information and contact details interested parties may consult the Hearing Officer's web pages on Trade DG's website: http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm

8.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

9.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (11).

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(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Dumping is the practice of selling a product for export (‘the product concerned’) at a price below its ‘normal value’. The normal value is usually taken to be a comparable price for the ‘like’ product on the domestic market of the country concerned. The term ‘like product’ is interpreted to mean a product which is alike in all respects to the product concerned or, in the absence of such a product, a product which closely resembles the product.

(3)  An exporting producer is any company in the countries concerned which produces and exports the product under investigation to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product concerned.

(4)  The 27 Member States of the European Union are: Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.

(5)  In accordance with Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code, persons shall be deemed to be related only if: (a) they are officers or directors of one another's businesses; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) any person directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they directly or indirectly control a third person; or (h) they are members of the same family. Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife; (ii) parent and child; (iii) brother and sister (whether by whole or half blood); (iv) grandparent and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-in-law and son-in-law or daughter-in-law; (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any natural or legal person.

(6)  Pursuant to Article 9(6) of the basic Regulation, any zero and de minimis margins, and margins established in accordance with the circumstances described in Article 18 of the basic Regulation shall, be disregarded.

(7)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex 1 to the questionnaire for these exporting producers. For the definition of a related party see footnote 5.

(8)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.

(9)  For the definition of a related party see footnote 5.

(10)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document 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).

(11)  OJ L 8, 12.1.2001, p. 1.

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