Notice of initiation of a partial interim review of the antidumping measures applicable to imports of certain products originating in the People's Republic of China, Russian Federation, Ukraine and the Republic of Belarus

(2004/C 70/04)

The Commission has decided on its own initiative to initiate a number of partial interim reviews pursuant to Articles 11(3) and 22(c) of Council Regulation (EC) No 384/96(1) as last amended by Council Regulation (EC) No 1972/2002(2) ("the basic Regulation").

1. Existing measures

The measures currently in force subject to these reviews are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1531/2002(3) on imports of colour television receivers originating in the People's Republic of China and an undertaking accepted by Commission Decision 2002/683/EC of 29 July 2002(4); a definitive anti-dumping duty imposed by Council Regulation (EC) No 3068/92(5) on imports of potassium chloride originating in the Russian Federation and the Republic of Belarus; a definitive anti-dumping duty imposed by Council Regulation (EC) No 1100/2000(6) on imports of silicon carbide originating in the Russian Federation and Ukraine and an undertaking accepted by Commission Decision 94/202/EC of 9 March 1994(7); a definitive anti-dumping duty imposed by Council Regulation (EC) No 950/2001(8) on imports of aluminium foil originating in the Russian Federation and an undertaking accepted by Commission Decision 2001/381/EC of 16 May 2001(9); a definitive anti-dumping duty imposed by Council Regulation (EC) No 658/2002(10) on imports of ammonium nitrate originating in the Russian Federation; a definitive anti-dumping duty imposed by Council Regulation (EC) No 132/2001(11) on imports of ammonium nitrate originating in Ukraine; a definitive anti-dumping duty imposed by Council Regulation (EC) No 151/2003(12) on imports of grain oriented electrical steel sheets originating in the Russian Federation and a definitive anti-dumping duty imposed by Council Regulation (EC) No 398/2004(13) on imports of silicon originating in the People's Republic of China ("the measures").

2. Grounds for the reviews

On 1 May 2004 the European Union will enlarge to include ten new Member States. On 1 of May 2004 the anti-dumping measures in force in the Community of 15 Member States will automatically be extended to be applied also by the new Member States to imports from third countries.

Following consultations with interested parties the Commission has identified that the enlargement of the European Union as from 1 May 2004 will create significant changed circumstances for imports of certain products which are currently subject to anti-dumping measures. Several exporting producers subject to anti-dumping measures have come forward and provided information to the Commission claiming that the enlargement of the European Union will have an excessively negative impact on their exports to the acceding States.

The anti-dumping measures subject to this notice are divided into two groups pursuant to the particularities of the cases concerned.

2.1. Measures on imports of colour television receivers originating in the People's Republic of China; measures on imports of silicon carbide originating in Russian Federation and measures on imports of aluminium foil originating in the Russian Federation

Certain imports of colour television receivers originating in the People's Republic of China and of silicon carbide and aluminium foil originating in the Russian Federation are currently subject to undertakings with a quantitative and/or a price element. The Commission will examine, whether these undertakings which were drawn up on the basis of data for a Community of 15 Member States should be adapted to take account of the enlargement of the European Union to 25 Member States.

2.2. Measures on imports of potassium chloride originating in the Russian Federation and the Republic of Belarus; measures on imports of silicon carbide originating in Ukraine; measures on imports of ammonium nitrate originating in the Russian Federation and Ukraine; measures on grain-oriented electrical steel sheets originating in the Russian Federation and measures on imports of silicon originating in the People's Republic of China

Imports of potassium chloride originating in the Russian Federation and the Republic of Belarus, imports of silicon carbide originating in Ukraine, imports of ammonium nitrate originating in the Russian Federation and Ukraine, imports of grain-oriented electrical steel sheets originating in the Russian Federation and imports of silicon originating in the People's Republic of China are characterized by high levels of duty and a significant level of imports into the acceding States. Other factors taken into account when selecting measures for a review are the level of production and the level of prices in the acceding States. During the review, it will be examined whether, in the light of Community interest, there is a need to adapt these measures to avoid a sudden and excessively negative effect on interested parties including users, distributors and consumers.

It is noted that in the absence of a review, all measures are automatically applied by the acceding States to imports from third countries as from 1 May 2004.

3. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a number of partial interim reviews, the Commission hereby initiates the reviews in accordance with Articles 11(3) and 22(c) of the basic Regulation for the anti-dumping measures listed under point 1 of this notice.

3.1. Collection of information

In order to have the interested parties' views on the above, the Commission will contact the Community industry, any association of producers or users in the Community, the exporters/producers in the countries concerned, including those which have already come forward to the Commission, the importers and their associations and the relevant authorities of the countries concerned. The Commission will also contact the known interested parties in the acceding States to obtain their views.

All interested parties, including those in the acceding States, are hereby encouraged to make their views known, to submit information and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 4 of this notice.

3.2. Holding of hearings

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 4 of this notice.

4. Time limits

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 comments or any other information within 10 working 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 the basic Regulation depends on the party making itself known within the aforementioned period.

All interested parties may also apply to be heard by the Commission within the same 10 working-day time limit.

5. Other

The Commission has made considerable efforts to inform all known interested parties of the possibility of a partial review of any of the measures currently in force with a view to the identification of potential problems which could occur upon enlargement of the European Union. This included third countries and the acceding States where interested parties are particularly encouraged to make their views known in general and in particular to assist in the fact finding required for the present review.

Any other party that has not yet come forward, or which has already come forward but wishes to give additional comments, can do so within 15 working days of the date of the publication of this notice in the Official Journal of the European Union. The views of parties who do not come forward within this time limit cannot be addressed in these reviews but may be taken into account subsequently for the purpose of considering the initiation of subsequent reviews.

6. Written submissions and correspondence

All submissions and requests made by interested parties must be made in writing 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 B

Office: J-79 5/16 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 305, 7.11.2002, p. 1.

(3) OJ L 231, 29.8.2002, p. 1.

(4) OJ L 231, 29.8.2002, p. 42.

(5) OJ L 308, 24.10.1992, p. 21, as last amended by Council Regulation (EC) No 969/2000 (OJ L 112, 11.5.2000, p. 4).

(6) OJ L 125, 26.5.2000, p. 3.

(7) OJ L 94, 13.4.1994, p. 32.

(8) OJ L 134, 17.5.2001, p. 1.

(9) OJ L 134, 17.5.2001, p. 67.

(10) OJ L 102, 18.4.2002, p. 1.

(11) OJ L 23, 25.1.2001, p. 1.

(12) OJ L 25, 30.1.2003, p. 7.

(13) OJ L 66, 4.3.2004, p. 15.