Notice concerning the initiation of a review of the anti-dumping measures applicable to imports of threaded malleable cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand

(2001/C 342/03)

1. Grounds for the review

On 26 March 2001, the Commission received a request from an exporting producer of threaded malleable fittings in the Czech Republic, namely Moravske Zelezarny AS, to amend the definitive anti-dumping duty imposed on it by Council Regulation (EC) No 1784/2000 of 11 August 2000(1).

Reference is made to the fact that the Dispute Settlement Body of the World Trade Organisation (WTO) adopted an Appellate Body report and a panel report as modified by the Appellate Body report in the case "European Communities - Anti-dumping measures on imports of cotton-type bed-linen from India"(2) ("Reports") and in particular to the legal interpretation afforded in those Reports to Articles 2(2)(2)(ii) and 2(4)(2) of the WTO Anti-dumping Agreement. In this regard, the exporting producer requested a review on the basis that its individual anti-dumping duty rate is based on methodologies which are not in line with the conclusions contained in the aforementioned reports.

In the light of the above request, the Commission, in accordance with Article 2 of Council Regulation (EC) No 1515/2001 of 23 July 2001(3) considered it appropriate to conduct a review concerning the definitive anti-dumping measures imposed on imports of threaded malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand ("the countries concerned").

2. Scope of the review

The review is limited in scope to the examination of dumping by those exporting producers in the countries concerned whose duty rates are based on a dumping methodology at issue in the reports and which submit a full questionnaire reply within the time limits set out in points 6(a)(i) and (ii) of the present notice. Parties subject to a residual duty may equally be covered by the scope of this review in so far as it is necessary to revise the residual duty rate to take account of individual dumping findings. The investigation shall cover the period from 1 January 2001 to 30 September 2001.

3. Product

The product under review is threaded malleable cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand ("malleable fittings" or "the product concerned"), currently classifiable within CN code ex 7307 19 10 (TARIC code 7307 19 10 10 ). This CN code is only given for information.

4. Existing measures

By Regulation (EC) No 1784/2000 of 11 August 2000, the Council imposed definitive anti-dumping measures on imports of threaded malleable cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand. The measures were taken in accordance with Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(4) ("the Basic Regulation").

5. Procedure

The Commission, after having consulted the Advisory Committee, hereby initiates a partial review in accordance with Article 2(3) of Regulation (EC) No 1515/2001.

The investigation will determine whether and to what extent it is appropriate to amend the level of anti-dumping duty applicable to those measures which are covered by the scope of the review according to point 2 of this notice.

(a) Questionnaires

In order to facilitate cooperation of parties (if they wish to avail themselves of this opportunity), the Commission will send questionnaires to all known exporting producers in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand and to any association of exporting producers which participated in the investigation leading to the existing measures, and to the authorities of the exporting countries concerned.

In any event, all interested parties who wish to cooperate in this investigation should contact the Commission forthwith by fax and if necessary request a questionnaire within the time limit set in point 6(a)(i), given that the time limits set in point 6(a)(ii) of this notice apply to all interested parties.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 6(a)(ii) 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 point 6(a)(iii) of this notice.

(c) Selection of the market economy country

In the previous investigation Thailand was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. The Commission envisages to use Thailand again for this purpose in accordance with Article 2(7) of the Basic Regulation. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in point 6(b) of this notice.

(d) Market economy status

For those exporter/producers in the People's Republic of China which claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the Basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporters/producers intending to submit duly substantiated claims must do so within the specific time limit set in point 6(c) of this notice. The Commission will send claim forms to all known exporters/producers in the People's Republic of China and all known associations of exporters/producers, as well as to the authorities of the People's Republic of China.

In any event, all interested parties should contact the Commission forthwith and if necessary request a claim form within the time limit set in point 6(a)(i), given that the time limits set in points 6(c) of this notice apply to all interested parties intending to claim market economy status.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire or claim form

All interested parties should request a questionnaire or claim form as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Communities.

(ii) 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, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Communities, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights in this proceeding depends on the party's making itself known within the aforementioned period.

(iii) Hearings

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

(b) Specific time limits for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Thailand which, as mentioned in point 5(c) of this notice, is envisaged as a market economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Communities.

(c) Specific time limit for submissions of claims for market economy status

Duly substantiated claims for market economy status, as mentioned in point 5(d) of this notice, must reach the Commission within 21 days of the date of publication of this notice in the Official Journal of the European Communities.

7. Written submissions, questionnaire replies 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.

Commission address for correspondence: European Commission Directorate-General for Trade

Directorate C

TERV - 0/13

Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 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.

(1) OJ L 208, 18.8.2000, p. 8.

(2) WT/DS141/AB/R, 1 March 2001.

(3) OJ L 201, 26.7.2001, p. 10.

(4) OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2001/C 342/04)

(Text with EEA relevance)

Date of adoption of the decision: 28.2.2001

Member State: The Netherlands

Aid No: N 101/2000

Title: Berendsen Textiel Service BV/Cofiton BV Covenant

Objective: Soil remediation in Arnhem

Legal basis: Wet Bodembescherming

Budget: Up to NLG 9,8 million

Aid intensity or amount: No aid involved or limited to NLG 0,7 million

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Date of adoption of the decision: 19.9.2001

Member State: Portugal

Aid No: N 223/01

Title: Tax aid scheme for inland regions

Objective: Regional development

Legal basis: Portaria

Budget: EUR 50 million per year

Aid intensity or amount: Variable

Duration: Until 31 December 2003

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Date of adoption of the decision: 25.10.2001

Member State: Germany

Aid No: N 251/01

Title: Programme to support research, development and innovation for SMEs and external industry research establishments in the new Länder

Objective: Furthering research and development activities in the new Länder

Legal basis: Verwaltungsvorschriften zu § 44 Bundeshaushaltsordnung

Budget: 2001 and 2002: approximately EUR 123 million each year

2003: approximately EUR 120 million

2004: approximately EUR 115 million

Duration: Limited until 31 December 2004

Other information: Germany has to submit an annual report on the implementation of the scheme

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Date of adoption of the decision: 2.10.2001

Member State: France

Aid No: N 299/01

Title: Aid plan for French inland waterway carriers

Objective: Support for the development of inland waterway transport

Budget: EUR 2896531 (FRF 19 million) per year

Aid intensity or amount: - technical adaptation of boats: maximum intensity of 30 % (or 40 % for energy savings)

- preservation of existing units: maximum intensity of 30 %

Duration: 2001-2003

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Date of adoption of the decision: 11.10.2001

Member State: France

Aid No: N 393/A/01

Title: Extension of the temporary aid scheme for firms affected by severe weather and oil slicks - Brittany and Picardy

Objective: To repair the damage caused by natural disasters

Budget: EUR 14 million

Duration: Until end of 2002

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Date of adoption of the decision: 11.10.2001

Member State: Spain (Castile-la Mancha)

Aid No: N 508/01

Title: Processing and marketing of fishery and aquaculture products

Objective: Implementation of structural measures in the fisheries sector forming part of the Community support framework applicable to the region of Castile-la Mancha

Legal basis: Orden por la que se establece el programa para la mejora de las condiciones de comercialización y transformación de los productos de la pesca y de la acuicultura en Castilla-La Mancha

Budget: ESP 800 million (EUR 4808097) per year

Aid intensity or amount: In accordance with the rates laid down in Council Regulation (EC) No 2792/1999

Duration: 2000-2006

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Date of adoption of the decision: 19.9.2001

Member State: Germany (Thuringia)

Aid No: NN 89/2000

Title: Scheme of the Land of Thuringia for the promotion of employment and qualification projects in favour of unemployed persons, in particular long-term unemployed, older and handicapped workers

Objective: Employment creation combined with qualification

Legal basis: Richtlinie über die Gewährung von Zuwendungen zur Förderung von Beschäftigungs- und Qualifizierungsprojekten für Langzeitarbeitslose, ältere Arbeitslose und Schwerbehinderte

Budget: EUR 7 million per year

Aid intensity or amount: - maximum 65 % as regards gross wage costs

- maximum 75 % as regards qualification measures

Duration: Until 31 December 2002

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids