10

Paragraphs 5 to 20 of the judgment under appeal, reproduced below, set out the facts of the dispute at the origin of the case: ‘5. [Niko Tube and NTRP] are Ukrainian producers of seamless tubes and pipes. [Niko Tube and NTRP] are connected with two sales companies: SPIG Interpipe [“SPIG”], established in Ukraine, and Sepco SA [“Sepco”], established in Switzerland. 6. Following a complaint lodged on 14 February 2005 by the Defence Committee of the Seamless Steel Tube Industry of the European Union, the Commission initiated an anti-dumping proceeding concerning imports of seamless pipes and tubes, of iron or steel, originating in Croatia, Romania, Russia and Ukraine, pursuant to Article 5 of the basic regulation. The Commission also initiated two interim reviews pursuant to Article 11(3) of the basic regulation on the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine. The notice of initiation of those proceedings was published on 31 March 2005 (OJ 2005 C 77, p. 2). 7. The investigation into dumping and resulting injury concerned the period from 1 January to 31 December 2004 (“the investigation period”). Examination of the trends relevant for assessing injury covered the period from 1 January 2001 to the end of the investigation period. 8. In view of the large number of Community producers supporting the complaint, the Commission proceeded, pursuant to Article 17 of the basic regulation, to select five Community producers for the purposes of the investigation. That sample initially comprised the following five Community producers: Dalmine SpA, Benteler Stahl/Rohr GmbH, Tubos Reunidos SA, Vallourec & Mannesmann France SA (“V & M France”) and V & M Deutschland GmbH (“V & M Germany”). When Benteler Stahl/Rohr decided not to cooperate with the investigation, the Commission replaced it with Rohrwerk Maxhütte GmbH. 9. By letters of 6 June and 14 July 2005 [Niko Tube and NTRP], [SPIG] and Sepco sent the Commission their replies to the anti-dumping questionnaire. On-site verifications took place at [Niko Tube’s and NTRP’s] premises and those of [SPIG] from 17 to 26 November 2005. 10. On 27 February 2006, the Commission sent [Niko Tube and NTRP] the first disclosure document detailing the facts and considerations on the basis of which it was proposing to adopt definitive anti-dumping measures. By letter of 22 March 2006, [Niko Tube and NTRP] officially challenged the Commission’s findings as set out in the first disclosure document. They claimed that the Commission had wrongly included data on products which were not manufactured by them, that the Commission compared the normal value and export price at a different level of trade, which is contrary to the introductory part of Article 2(10) of the basic regulation, and that, by treating Sepco as an importer and constructing its export price, the Commission infringed Article 2(9) of the basic regulation. 11. On 24 March 2006, a hearing was organised by the Commission, in the presence of [Niko Tube and NTRP], in order to address the issue of the calculation of the dumping margin and their offer of a price undertaking. On 30 March 2006 another hearing, concerned with the injury, took place. 12. By fax of 3 April 2006, [Niko Tube and NTRP] requested information from the Commission regarding the cooperation of the Community industry with the investigation. 13. On 24 April 2006, the Commission adopted its second disclosure document. In that document the Commission rejected the request for the exclusion of [certain] products [not produced by Niko Tube and NTRP] falling under product control number (“PCN”) KE4 from the calculation of the normal value. It carried out an adjustment to Sepco’s sale prices, no longer on the basis of Article 2(9) of the basic regulation, but under Article 2(10)(i) of the basic regulation. Finally, in that document, the Commission provided some information regarding the cooperation of the Community industry. 14. By fax of 26 April 2006, [Niko Tube and NTRP] reminded the Commission that the data provided in response to the anti-dumping questionnaire and verified by the Commission officials demonstrate that the atomic pipes falling under PCN KE4 were not produced by [Niko Tube and NTRP]. 15. [Niko Tube and NTRP] submitted their full observations on the second disclosure document to the Commission by letter of 4 May 2006. 16. By letter of 30 May 2006, the Commission explained to [Niko Tube and NTRP] its reasons for not accepting their offer of undertaking submitted on 22 March 2006. 17. On 7 June 2006 the Commission adopted and made public its proposal for a Council regulation imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, repealing Council Regulations (EC) No 2320/97 and (EC) No 348/2000, terminating the interim and expiry reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and terminating the interim reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine. 18. By fax received by [Niko Tube and NTRP] on 26 June 2006 at 19.06 hrs, the Commission replied to the arguments raised by [Niko Tube and NTRP] in the fax of 26 April and the letter of 4 May 2006, save for the argument concerning lack of cooperation from the Community industry. By letter sent to [Niko Tube and NTRP] on 16 June 2006, which they received on 27 June 2006, the Commission replied to the [Niko Tube’s and NTRP’s] comments with regard to the support from the Community industry for the proceeding. 19. On 27 June 2006, the Council adopted [the contested regulation]. 20. By [the contested regulation], the Council imposed anti-dumping duties of 25.1% on imports of seamless pipes and tubes, of iron or steel, from [Niko Tube and NTRP].’