Commission Regulation (EC) No 59/2000 of 5 January 2000 initiating a 'new exporter' review of Council Regulation (EC) No 393/98 imposing a definitive anti-dumping duty on imports of stainless steel fasteners and parts thereof originating, inter alia, in the People's Republic of China, repealing the duty with regard to imports from one exporting producer and making these imports subject to registration
Date: 2000-01-05
Institutions: European Commission
Subjects: China, anti-dumping duty, import, manufactured goods, originating product, steel

12. 1. 2000

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 59/2000

of 5 January 2000

initiating a ‘new exporter’ review of Council Regulation (EC) No 393/98 imposing a definitive
anti-dumping duty on imports of stainless steel fasteners and parts thereof originating, inter alia, in
the People's Republic of China, repealing the duty with regard to imports from one exporting
producer and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. GROUNDS FOR THE REVIEW

Having regard to the Treaty establishing the European
Community,

(4)

Having regard to Council Regulation (EC) No 384/96, of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1), as last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 11(3) and (4) thereof,

After consulting the Advisory Committee,

Whereas:

The applicant, has claimed that it operates under market
economy conditions as provided for in Article 2(7)(c) of
the basic Regulation, that it meets the conditions for
individual treatment, that it is not related to the Chinese
exporting producers which are subject to the abovemen-
tioned anti-dumping measures, and that
started
exporting to the Community after the period of investi-
gations on which the anti-dumping measures were
the period from 1 January 1996 to 30
based,
November 1996 (hereinafter referred to as ‘the original
investigation period’).

i.e.

it

(1)

(2)

(3)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of Regulation
(EC) No 384/96 (hereinafter referred to as ‘the basic
Regulation’). The application was lodged by Bulten
Fasteners China Co. Ltd (hereinafter referred to as ‘the
applicant’), an exporting producer
in the People's
Republic of China (hereinafter referred to as ‘the PRC’).

B. PRODUCT

The product concerned is stainless steel fasteners and
parts thereof (hereafter referred to as ‘SSFs’), originating
in the PRC. The product described is currently classifi-
able within CN codes 7318 12 10, 7318 14 10,
7318 15 30, 7318 15 51, 7318 15 61, 7318 15 70 and
7318 16 30. These CN codes are only given for informa-
tion.

C. EXISTING MEASURES

By Council Regulation (EC) No 393/98 (3), the Council
imposed,
inter alia, a definitive anti-dumping duty of
74,7 % on imports of the product concerned originating
in the PRC, with the exception of imports from two
imposed
exporting producers for which the Council
individual duty rates.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 50, 20.2.1998, p. 1.

(5)

(6)

Community producers known to be concerned have
been informed of the above application and have been
given an opportunity to comment. No comments have
been received.

Having examined the evidence available, the Commis-
sion concludes that there is sufficient evidence to justify
the initiation of a review pursuant to Article 11(3) and
(4) of the basic Regulation with a view to determining
individual margin of dumping and,
the applicant's
should dumping be found, the level of duty to which its
imports of the product concerned into the Community
should be subject.

E. PROCEDURE

(7)

Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send question-
naires to the exporting producer, the importer named in
the application, and to the authorities of the PRC.

(8)

Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence. Furthermore, the Commission may hear inter-
ested parties, provided that
in
writing and show that there are particular reasons why
they should be heard.

they make a request

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Official Journal of the European Communities

12. 1. 2000

(9)

Selection of the market economy third country

HAS ADOPTED THIS REGULATION:

In accordance with Article 2(7) of the basic Regulation,
Taiwan is envisaged as an appropriate market economy
third country for the purpose of establishing normal
value in respect of the PRC.

(10) Market economy status

If the applicant claims and provides properly substan-
tiated evidence that it operates under market economy
conditions, i.e. that it meets 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. The Commission will send a claim
form to the applicant, as well as to the Chinese authori-
ties.

F. REPEAL OF THE DUTY IN FORCE AND REGISTRA-

TION OF IMPORTS

(11)

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned originating
in the PRC which are produced and sold for export to
the Community by the applicant. At the same time, such
imports should be made subject
to registration in
in
accordance with Article 14(5) of that Regulation,
order to ensure that, should the review result in a deter-
mination of dumping in respect of the applicant, anti-
dumping duties can be levied retroactively from the date
the
of
applicant's possible future liabilities cannot be estimated
at this stage of the proceeding.

this review. The amount of

the initiation of

G. TIME-LIMIT

(12)

In the interest of sound administration,
should be fixed within which:

time limits

— interested parties may make their views known in
writing, submit supporting evidence and make a
written request for a hearing,

— parties to the investigation can comment on the
choice of Taiwan being envisaged as an analogue
country,

— an applicant can submit a properly substantiated

claim for market economy status.

H. NON-COOPERATION

(13)

It should be noted that in cases in which any interested
party refuses access to, or otherwise does not provide,
necessary information within the relevant time limits, or
significantly impedes the investigation, findings, affirma-
tive or negative, may be made in accordance with Article
18 of the basic Regulation, on the basis of the facts
available.

(14) 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,

Article 1

fasteners and parts thereof

A review of Regulation (EC) No 393/98 is hereby initiated in
order to determine if and to what extent imports of stainless
falling within CN codes
steel
7318 12 10,
7318 15 51,
7318 15 61, 7318 15 70 and 7318 16 30, originating in the
People's Republic of China, produced and sold for export to the
Community by Bulten Fasteners China Co. Ltd (TARIC addi-
tional code: A058), should be subject to the anti-dumping duty
imposed by Regulation (EC) No 393/98.

7318 15 30,

7318 14 10,

Article 2

The anti-dumping duty imposed by Regulation (EC) No 393/98
is hereby repealed with regard to imports of the product identi-
fied in Article 1.

Article 3

The customs authorities are hereby directed, pursuant
to
Article 14(5) of Regulation (EC) No 384/96, to take the appro-
priate steps to register the imports identified in Article 1.
Registration shall expire nine months following the date of
entry into force of this Regulation.

Article 4

1.
Interested parties, if their representations are to be taken
into account during the invstigation, must make themselves
known to the Commission, present their views in writing and
submit information, unless otherwise specified, within 40 days
of the date of entry into force of this Regulation. 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 not named in the application, and it is
consequently in the interest of these parties to contact the
Commission without delay.

Parties to the investigation wishing to comment on the
2.
appropriateness of Taiwan which is envisaged as a market-
economy third country for the purpose of establishing normal
value in respect of the PRC, shall file their comments within 10
days of the date of entry into force of this Regulation.

3.
Duly substantiated claims for market economy status, in
accordance with Article 2(7)(b) and (c) of Regulation (EC) No
384/96, must be submitted in writing within 21 days of the
date of entry into force of this Regulation.

Any information relating to the matter and any request

4.
for a hearing, should be sent to the following address:

European Commission
Trade DG
DM-24 8/38
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

Article 5

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 January 2000.

For the Commission

Pascal LAMY

Member of the Commission