EN Official Journal of the European Union C 171/6

Notice of initiation of a safeguard investigation under Council Regulations (EC) No 260/2009 and (EC) No 625/2009 concerning imports of wireless wide area networking (WWAN) modems

2010/C 171/07

The Commission has received a request from the Belgian Government pursuant to Article 2 of Council Regulations (EC) No 260/2009 (1) and (EC) No 625/2009 (2) (the Safeguard Regulations).

The request concerns wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers).

The Commission has analysed whether the conditions for opening investigations under Regulations (EC) No 260/2009 and (EC) No 625/2009 are fulfilled.

1. Request

In its request, Belgium has informed the Commission that trends in imports of WWAN modems appear to call for safeguard measures, and has provided the evidence available, as determined on the basis of the criteria laid down in Article 10 of Regulation (EC) No 260/2009 and Article 8 of Regulation (EC) No 625/2009.

2. Product concerned

The product in question is wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers) (the product concerned).

The product concerned is currently falling within CN codes ex 8517 62 00 and ex 8471 80 00. These CN codes are given for information only.

3. Increase in imports and injury

According to the complaint, there is one single Union producer of the like or directly competitive product which is located in Belgium with some production in other Union Member States.

Belgium has provided evidence that imports into the Union of the product concerned are increasing rapidly both in absolute terms, and relative to Union production and consumption, and, in particular, that imports have increased by more than 4 100 percentage points from 2006 to 2009.

It is alleged that the volumes and conditions of the imports concerned have, among other consequences, had a negative impact on the prices of like or directly competitive products in the Union, and on the market share held, the quantities sold and the level of prices charged by the Union producers (3), resulting in serious injury to the Union producers.

4. Procedure

Following the provisions of Article 6 of Regulation (EC) No 260/2009 and Article 5 of Regulation (EC) No 625/2009, the Commission has consulted the Advisory Committees established under Article 4 of Regulations (EC) No 260/2009 and (EC) No 625/2009 respectively. Following that consultation, it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation, and the Commission hereby initiates an investigation pursuant to Article 6 of Regulation (EC) No 260/2009 and Article 5 of Regulation (EC) No 625/2009.

4.1. Scope of the investigation

The investigation will determine whether safeguard measures are justified under Regulations (EC) No 260/2009 and (EC) No 625/2009. Specifically, the investigation will determine whether, as a result of unforeseen developments, the product concerned is imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious injury to the Union producers.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known producers of the like or directly competitive products in the Union; to the known exporters/producers and importers of the product concerned; to any known association of exporters/producers and importers of the product concerned.

In any event, all parties should contact the Commission forthwith by fax, but not later than the time limit set out in paragraph 5(a) of this notice, and, if necessary, request a questionnaire.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 5(b) of this notice.

Furthermore, the Commission will hear interested parties, provided that they make a request showing that they are actually likely to be affected by the result of the investigation and that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 5(c) of this notice.

4.2. Procedure for the assessment of Union interest

In the event that it is determined that the product concerned is imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious injury to the Community producers as to justify the taking of safeguard measures, a decision as to whether the Union interest calls for intervention shall be made based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers.

In order to provide a sound basis on which the Commission can take account of all views and information in the decision as to whether or not the imposition of measures is in the Union interest, the Union producers, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the time limits set in paragraph 5(c) of this notice, make themselves known and provide the Commission with information. Those parties who have made themselves known within the time limit may also request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 5(c) of this notice. It should be noted that any information submitted will only be taken into account if supported by actual evidence at the time of submission.

5. Time limits

(a) Questionnaires

Interested parties willing to receive a questionnaire should request it as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

(b) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, presenting their views and submitting questionnaire replies or any other information within 21 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 Regulation (EC) No 260/2009, and Regulation (EC) No 625/2009 depends on parties making themselves known within the aforementioned period.

(c) Hearings

Pursuant to Article 6(4) of Regulation (EC) No 260/2009 and Article 5(4) of Regulation (EC) No 625/2009, all interested parties may also apply to be heard by the Commission within 21 days of the publication of this notice in the Official Journal of the European Union.

6. Written submissions, questionnaire replies and correspondence

All relevant information is to be communicated to the Commission. 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.

The Commission address for correspondence is:

European Commission Directorate-General for Trade Directorate H Office: N-105 04/092 1049 Bruxelles/Brussel BELGIQUE/BELGÏE Fax +32 22956505

7. Non-cooperation

When information is not supplied within the time limits or the investigation is significantly impeded, findings, affirmative or negative, may be made 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.

8. Hearing Officer

Interested parties may request the intervention of the Hearing Officer of the 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 increased imports, injury, causal link and Union interest.

For further information and contact details interested parties may consult the Hearing Officer's web pages on the Directorate-General for Trade's website

(http://ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/index_en.htm).

9. Schedule of the investigation

In accordance with Article 7 of Regulation (EC) No 260/2009 and Article 6 of Regulation (EC) No 625/2009 the investigation shall, if possible, be concluded within nine months of the date of the publication of this notice in the Official Journal of the European Union.

In exceptional circumstances the investigation may be extended by a further maximum period of two months. If the time limit is extended, the Commission will publish a notice in the Official Journal of the European Union setting forth the duration of the extension and a summary of the reasons therefore.

(1) OJ L 84, 31.3.2009, p. 1.

(2) OJ L 185, 17.7.2009, p. 1.

(3) ‘Union producers’ includes the ‘Community producers’ as defined in Article 5(3)(c) of Regulation (EC) No 260/2009 and ‘Community producers of like or directly competing products’ as referred to in Article 15(1) of Regulation (EC) No 625/2009.