Notice of initiation of an expiry review of the antidumping measures applicable to imports of peroxodisulphates originating in the People's Republic of China

(2000/C 366/03)

Following the publication of a notice of impending expiry(1) of the anti-dumping measures in force on imports of peroxodisulphates originating in the People's Republic of China, ("country concerned"), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96(2) ("the Basic Regulation").

1. Request for review

The request was lodged on 20 September 2000 by the European Chemical Industry Council - CEFIC ("the applicant") on behalf of producers representing the totality of the Community production of peroxodisulphates.

2. Product

The product under review is peroxodisulphates originating in the People's Republic of China ("the product concerned"), currently classifiable within CN code ex 2833 40 00 (TARIC 2833 40 00 10). This CN code is given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Regulation (EC) No 2961/95(3).

4. Grounds for the review

The request is based on the grounds that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry.

The applicant alleges that the exports from the People's Republic of China to the Community have continued to be made at substantial dumping margins.

In view of the provisions of Article 2(7) of the Basic Regulation, the applicant established normal value for the People's Republic of China on the basis of the price in an appropriate market economy country, which is mentioned in paragraph 5.1(c) of this notice). The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentence, with the export prices of the product concerned when sold for export to the Community. On this basis, the dumping margin calculated is significant.

The applicant further alleges that the circumstances of the exporters, or the market conditions indicate the likelihood of further injurious dumping. To this respect the applicant presents evidence that, should measures expire, the current import level of the product concerned is likely to increase due to the existence of unused capacity in the country concerned.

It is also alleged that if measures lapse, the flow of imports of the product concerned is likely to rise due to the measures in force in traditional markets other than the EU (i.e. the United States).

In addition, the applicant alleges that any recurrence of substantial imports at dumped prices from the country concerned would again cause injury to the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to known exporters/producers and associations of exporters/producers in the People's Republic of China, to known importers, to any association of importers named in the request, and to the authorities of the exporting country concerned.

In any event, all interested parties should contact the Commission forthwith by fax and if necessary request a questionnaire within the time limit set in paragraph 6(a)(i), given that the time limit set in paragraph 6(a)(ii) of this notice applies 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 has to reach the Commission within the time limit set in paragraph 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 paragraph 6(a)(iii).

(c) Selection of the market economy country

In the previous investigation Japan 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 using Japan again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in paragraph 6(b) of this notice.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the Basic Regulation and in the event that the likelihood of a continuation of dumping and injury is confirmed, a decision will be reached as to whether to maintain or repeal the anti-dumping measures would not be against the Community interest. For this reason the Community industry, 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 6(a)(ii) of this notice, make themselves known and provide the Commission with information. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6. Time limits

(a) General Time Limits

(i) For parties to request a questionnaire

All interested parties should request a questionnaire as soon as possible, but not later than 20 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.

(iii) Hearings

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

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

Parties to the investigation may wish to comment on the appropriateness of Japan which, as mentioned in paragraph 5.1(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.

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

Directorates B and 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 C 167, 16.6.2000.

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

(3) OJ L 308, 21.12.1995.