Notice of initiation of an accelerated review of Council Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wire having a diameter of 1 mm or more originating in India

(2000/C 61/02)

The Commission has received two applications for an accelerated review pursuant to Article 20 of Regulation (EC) No 2026/97 (hereinafter referred to as "the basic Regulation"), with regard to imports of stainless steel wire having a diameter of 1 mm or more originating in India, subject to definitive countervailing duties imposed by Regulation (EC) No 1599/1999.

1. Request for review

The applications were lodged by Capico Trading Pvt. Ltd and Atlas Stainless Corporation Ltd. Under Regulation (EC) No 1599/1999, exports of stainless steel wire originating in India, produced by these two companies, are subject to a definitive countervailing duty of 48,8 %. Neither company was individually investigated during the original investigation which led to the imposition of these duties.

2. Product

The product concerned is wire of stainless steel, containing by weight 2,5 % or more of nickel, other than containing by weight 28 % or more but no more than 31 % of nickel and 20 % or more but not more than 22 % of chromium, having a diameter of 1 mm or more. This product is currently classifiable within CN code ex 7223 00 19. This code is given for information purposes.

3. Grounds for review

The applicants have alleged that they did not export the product concerned to the Community during the investigation period on which the countervailing measures are based (1 April 1997 to 31 March 1998). They have further alleged that they began exporting the product concerned to the Community after the end of the investigation period, or intend to do so, and that they are not related to any other exporters of the product in India.

Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment.

4. Initiation of accelerated review

In the light of the above, and on the basis of the evidence provided, the Commission concludes that these exporters were not individually investigated in the original countervailing duty investigation for reasons other than a refusal to cooperate with the Commission.

Having determined, after consultation of the Advisory Committee, that there is sufficient evidence to justify the initiation of an accelerated review for both exporters, the Commission hereby initiates an investigation in accordance with Article 20 of the basic Regulation.

5. Time limit

Interested parties, provided they can show that they are likely to be affected by the results of the investigation, must make their views known in writing and submit supporting evidence within 40 days of the publication of this notice in the Official Journal of the European Communities. Interested parties may also apply to be heard by the Commission within the same time limit, provided that they can show that there are particular reasons why they should be heard.

The address for correspondence is: European Commission

Directorate-General for Trade

Attn: Mr A. J. Stewart DM 5/77 Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877.

6. Non-cooperation

In cases in which any interested party refuses access to, or otherwise does not provide, necessary information within the relevant time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 28 of the basic Regulation, 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.