Notice of initiation of an interim review of the anti-dumping measures applicable to imports of unwrought unalloyed magnesium originating in the People's Republic of China

(2000/C 35/08)

(Text with EEA relevance)

The Commission has received a request for a partial interim review of the definitive anti-dumping measures imposed by Council Regulation (EC) No 2402/98(1) (hereinafter referred to as "the Regulation") on imports of unwrought unalloyed magnesium originating in the People's Republic of China.

1. Request for review

The request, pursuant to Article 11(3) of Council Regulation (EC) No 384/96(2), as last amended by Regulation (EC) No 905/98(3) (hereinafter referred to as "the Basic Regulation"), was lodged by two Italian importers, Pro.cat Scarl and De Stefani Luigi. The request is limited in scope to the clarification of the product coverage of the anti-dumping measures.

2. Product

The product concerned by the review is unwrought unalloyed magnesium originating in the People's Republic of China, falling within CN codes 8104 11 00 and ex 8104 19 00.

The Regulation defined unwrought unalloyed magnesium as:

- unwrought magnesium unintentionally containing small amounts of other elements as impurities, and

- unwrought magnesium, containing intentionally added elements such as aluminium and zinc, which does not correspond to one of the alloys described in an Annex to the Regulation.

3. Existing measures

The measures currently in force on unwrought unalloyed magnesium originating in the People's Republic of China consist of a definitive anti-dumping duty imposed by the Regulation.

4. Grounds for the review

As mentioned above, the anti-dumping measures cover unwrought unalloyed magnesium. They do not cover alloyed magnesium. The latter has been defined in the Regulation by reference to European (Comité européen de normalisation - CEN) or equivalent international industry standards a list of which has been annexed to the Regulation.

According to the review request, certain types of magnesium not listed in the Annex to the Regulation, in particular magnesium alloys for anode castings, meet CEN standards and should consequently not be covered by the measures.

5. Procedure for the determination of the product scope

Having determined, after consulting the Advisory Committee, that sufficient evidence exists for the initiation of a partial interim review, the Commission hereby initiates an investigation pursuant to Article 11(3) of the Basic Regulation limited in scope to the clarification of the product coverage of the anti-dumping measures.

The Commission will send copies of this notice and of the non-confidential version of the review request to the Community producer, exporting producers and importers who participated in the investigation having led to the existing measures.

All other interested parties, provided that they can show that they are likely to be affected by the results of the investigation, are hereby invited to make their views known and to provide supporting evidence.

Furthermore, the Commission may hear interested parties, provided they make a request in writing and show that there are particular reasons why they should be heard.

Any submissions or requests for a hearing must be made in writing to the address mentioned below and should indicate the name, address, email, fax and/or telephone numbers of the interested parties.

6. Time limit

Interested parties, if their representations are to be taken into account during the investigation, must make themselves known, present their views in writing and submit information within 40 days of the date of 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. This time limit applies to all interested parties, including parties unknown to the Commission, and it is consequently in the interest of these parties to contact the Commission without delay at the following address: European Commission

Directorate-General for Trade

Directorates C and E

(DM 24 - 8/38)

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

7. Non-cooperation

In cases in which any interested party refuses access to, or otherwise does not provide 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 298, 7.11.1998, p. 1.

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

(3) OJ L 128, 30.4.1998, p. 18.