2002R1325 — EN — 24.07.2002 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No1325/2002
of22July2002
initiating a ‘new exporter’ review of Council Regulation (EC) No 1600/1999 imposing definitive
anti-dumping duties on imports of stainless steel wires with a diameter of 1 mm or more origi-natinginIndia,repealing thedutywithregard toimportsfromone exporter inthiscountryand
makingtheseimportssubjecttoregistration
(OJ L 194, 23.7.2002, p. 27)
Corrected by:
►C1Corrigendum, OJ L 231, 29.8.2002, p. 44 (1325/2002)
▼B
COMMISSIONREGULATION(EC)No1325/2002
of22July2002
initiating a ‘new exporter’ review of Council Regulation (EC) No
1600/1999 imposing definitive anti-dumping duties on imports ofstainless steel wires with a diameter of 1 mm or more originatingin India, repealing the duty with regard to imports from one
exporterinthiscountryandmakingtheseimportssubjecttoregis-
tration
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December
1995 on protection against dumped imports from countries not
membersof the European Community(1) (the basic Regulation), as
last amended by Regulation (EC) No 2238/2000(2), and in particular
Article 11(4) thereof,
After consulting the Advisory Committee,
Whereas:
A.Requestforareview
(1)The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic Regula-
tion. The application waslodged by Garg SalesCo. PVT Ltd
(the applicant), an exporting producer in India (the countryconcerned).
B.Product
(2)The product under review is stainless steel wire with a diameter
of 1 mm or more, containing by weight 2,5 % or more of nickel,excluding wire containing by weight 28 % or more but no morethan 31 % of nickel and 20 % or more but no more than 22 % ofchromium originating in India (the product concerned), currently
classifiable within CN code ex 7223 00 19. This CN code is
given for information only.
C.Existingmeasure
(3)The measure currently in force is a definitive anti-dumping duty
imposed by Council Regulation (EC) No 1600/1999(3) under
which importsinto the Community of the product concernedoriginating in India and produced by the applicant iss ubject toa definitive anti-dumping duty rate of 55,6 %, with the exceptionof several companies specifically mentioned which are subject to
individual duty rates.
D.Groundsforthereview
(4)The applicant allegesthat it did not export the product concerned
to the Community during the period of investigation on which
the anti-dumping measure was based, i.e. the period from 1 April1997 to 31 March 1998.
The applicant further allegesthat it began exporting the product
concerned to the Community after the end of the investigationperiod, and that it isnot related to any of the exporting produ-cersof the product concerned, which are s ubject to theabovementioned anti-dumping measure.2002R1325 — EN — 24.07.2002 — 000.001 — 2
(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 189, 22.7.1999, p. 19.
▼B
E.Procedure
(5)Community producersknown to be concerned have been
informed of thisapplication and have been given an opportunityto comment.
(6)Having examined the evidence available, the Commissionconcludes that there is sufficient evidence to justify the initiationof a ‘new exporter’ review, pursuant to Article 11(4) of the basic
Regulation, with a view to determine the applicant'sindividual
margin of dumping and, should dumping be found, the level ofthe duty to which their importsof the product concerned into theCommunity should be subject.
(a) Questionnaires
In order to obtain the information it deems necessary for its
investigation, the Commission will send a questionnaire to
the applicant.
(b) Collection of information and holding of hearings
All interested parties are hereby invited to make their views
known in writing and to provide supporting evidence.Furthermore, the Commission may hear interested parties,
provided that they make a request in writing showing that
there are particular reasons why they should be heard.
F.Repealofthedutyinforceandregistrationofimports
(7)Pursuant to Article 11(4) of the basic Regulation, the anti-
dumping duty in force should be repealed with regard to importsof the product concerned which are produced and sold for exportto the Community by the applicant. At the same time, suchimports should be made subject to registration in accordance
with Article 14(5) of the basic Regulation, in order to ensure
that, should the review result in a finding of dumping in respectof the applicant, the anti-dumping duty can be levied retroac-tively from the date of the initiation of thisreview. The amountof the applicant's possible future liabilities cannot be estimated at
thiss tage of the proceeding.
G.Timelimits
(8)In the interest of sound administration, time limits should be
stated within which:
— interested parties may make themselves known to the
Commission, present their views in writing and submit the
repliesto the ques tionnaire mentioned in recital 6(a) of thisRegulation or any other information to be taken into accountduring the investigation,
— interested parties may make a written request to be heard by
the Commission.
H.Non-cooperation
(9)In cases in which any interested party refuses access to or other-
wise does not provide the necessary information within the
relevant time limits, or significantly impedes the investigation,findings, affirmative or negative, may be made in accordancewith Article 18 of the basic Regulation, on the basis of the factsavailable.
(10)Where it is found that any interested party has supplied false ormisleading information, the information shall be disregarded anduse may be made of the facts available,2002R1325 — EN — 24.07.2002 — 000.001 — 3
▼B
HAS ADOPTED THIS REGULATION:
Article 1
A review of Regulation (EC) No 1600/1999 ishereby initiated purs uant
to Article 11(4) of Regulation (EC) No 384/96 in order to determine if,and to what extent, the imports of stainless steel wire with a diameter
of 1 mm or more, containing by weight 2,5 % or more of nickel,
excluding wire containing by weight 28 % or more but no more than31 % of nickel and 20 % or more but no more than 22 % of chromiumfalling within CN code ex 7223 00 19, originating in India, producedand sold for export to the Community by Garg Sales Co. PVT Ltd►
C1(TARIC additional code A404) ◄should be subject to the
anti-dumping duty imposed by Regulation (EC) No 1600/1999.
Article 2
The anti-dumping duty imposed by Regulation (EC) No 1600/1999 is
hereby repealed with regard to the importsidentified in Article 1 ofthisRegulation.
Article 3
The customs authorities are hereby directed, pursuant to Article 14(5)
of Regulation (EC) No 384/96, to take the appropriate steps to registerthe imports identified in Article 1 of this Regulation. Registration shallexpire nine monthsfollowing the date of entry into force of thisRegu-lation.
Article 4
Interested parties, if their representations are to be taken into account
during the investigation, must make themselves known to the Commis-
sion, present their views in writing and submit the replies to thequestionnaire mentioned in recital 6(a) of this Regulation or any otherinformation, unless otherwise specified, within 40 days of the entryinto force of thisRegulation. Attention isdrawn to the fact that theexercise of most procedural rights set out in the basic Regulation
dependson the party'smaking its elf known within the aforementioned
period.
Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.
All submissions and requests made by interested parties must be made
in writing (not in electronic format, unless otherwise specified), andmust indicate the name, address, e-mail address, telephone and fax,
and/or telex number of the interested party.
Any information relating to the matter, any request for a hearing should
be sent to the following address:
European Commission
Directorate General for TradeDirectorate BOffice: J-79 — 05/16B-1049 Brussels
Fax (32 2) 295 65 05
Telex COMEU B 21877
Article 5
ThisRegulation s hall enter into force on the day following itspublica-
tion in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2002R1325 — EN — 24.07.2002 — 000.001 — 4