Notice of initiation of an anti-dumping proceeding concerning imports of paracetamol originating in the United States of America, the People's Republic of China, India and Turkey
Date: 2000-02-13
Institutions: European Commission
Subjects: anti-dumping legislation, import, import policy, medicinal product, third country

C 134/10

EN

Official Journal of the European Communities

13.5.2000

Notice of initiation of an anti-dumping proceeding concerning imports of paracetamol originating
in the United States of America, the People’s Republic of China, India and Turkey

(2000/C 134/07)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 905/98 (2) (hereinafter referred to
as (cid:145)the Basic Regulation(cid:146)), alleging that imports of paracetamol,
originating in the United States of America,
the People’s
Republic of China, India and Turkey, are being dumped and
are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 29 March 2000 by the European
Council of Chemical Manufacturers’ Federations, CEFIC (here-
inafter referred to as (cid:145)the complainant(cid:146)) on behalf of the sole
producer
the
Community production of paracetamol.

in the Community representing 100 % of

2. Product

The product allegedly being dumped is paracetamol, also
known as acetaminophen (hereinafter
(cid:145)the
product concerned(cid:146)), currently classifiable within CN code
2924 29 30. This CN code is only given for information.

referred to as

People’s Republic of China, India and Turkey have increased
overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share and the level of prices
charged by the Community producer, resulting in substantial
adverse effects on the financial situation of the Community
industry.

5. Procedure for the determination of dumping and injury

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

In view of the apparent size and complexity of this proceeding,
the Commission may apply sampling techniques, in accordance
with Article 17 of the Basic Regulation.

3. Allegation of dumping

(a) Sampling for investigation of dumping

The allegation of dumping in respect of the United States of
America and Turkey is based on a comparison of a normal
value, established on the basis of domestic prices, with the
export prices of the product concerned to the Community.

The allegation of dumping for India is based, in the absence of
sufficient sales in the ordinary course of trade in the domestic
market, on a comparison of a constructed normal value with
the export prices of the product concerned to the Community.

in Article 2(7) of

In view of the fact that the normal value for the People’s
the
Republic of China will be determined on the basis of
rules set out
the
the Basic Regulation,
complainant has based its allegation of dumping on a
comparison of normal value in a market economy third
country, namely South Africa, with the export prices of the
product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the United States of America, the

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

Applicable only to companies in the People’s Republic of
China.

if so,

In order to enable the Commission to decide whether sampling
is necessary and,
to select a sample, all exporters/
producers, or
representatives acting on their behalf, are
known to the
hereby
Commission and to provide the following information on
their company or companies within 15 days of the date of
publication of this notice:

themselves

to make

requested

(cid:151) name, address, e-mail address, telephone, and fax, and/or

telex numbers and contact person,

(cid:151) the turnover in local currency and the volume in tonnes of
the product concerned sold for export to the Community
during the period 1 April 1999 to 31 March 2000,

(cid:151) whether the company intends to claim for an individual

margin or market economy status,

(cid:151) for producers

economy status,

claiming market

the
turnover in local currency and the sales volume in tonnes
for the product concerned on the domestic market during
the period 1 April 1999 to 31 March 2000, and the precise
activities of
the company with regard to the product
concerned,

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Official Journal of the European Communities

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(cid:151) the names

all

activities of

and the precise

related
companies (1) whether directly or indirectly related (i.e.
companies with which they have an association or a
involved in the production
compensatory arrangement)
the product
and/or selling (export and/or domestic) of
concerned,
in the
Community,

importers

including

related

any

(c) 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 the exporters/producers and importers, to any
association of exporters/producers and importers named in the
complaint and to the authorities of the country concerned.

(cid:151) any other

relevant

information that would assist

the

Commission in the selection of the sample,

However questionnaires will only be sent to the exporters/
producers from the People’s Republic of China once the final
selection of the sample has been made.

(cid:151) an indication of whether the companies agree to their
inclusion in the sample which implies replying to a ques-
tionnaire and accepting an on-the-spot investigation of their
responses.

In order to obtain the information it deems necessary for the
selection of the sample of exporters/producers, the Commission
the exporting
will
country, exporters and any known associations of exporters/
producers named in the complaint.

in addition contact

the authorities of

The Commission may also decide to select a sample of
importers. To that effect all
importers concerned are hereby
requested to make themselves known to the Commission
within 15 days of the date of publication of the present notice.

Any other party concerned which wishes to submit any
relevant information regarding the selection of the sample is
also requested to make itself known to the Commission and to
submit the information within 15 days of the date of publi-
cation of this notice.

(b) Final selection of the samples

The Commission intends to make the final selection of the
samples after having consulted the parties concerned that
have expressed their willingness to be included in the sample.

Companies included in the sample must reply to a ques-
tionnaire and cooperate within the framework of the verifi-
cation visit.

in point 7(a) of
should be aware that

Producers in the People’s Republic of China which submit a
request for an individual margin, with a view to the application
of Articles 17(3) and 9(6) of the Basic Regulation, have to
submit a duly completed questionnaire within the general
this notice. However, such
time limit set
parties
sampling is applied to
if
producers the Commission may decide not to grant them an
individual margin if it would be unduly burdensome and would
prevent the timely completion of the investigation. Producers,
which submit a request for an individual margin, and importers
are invited to contact the Commission forthwith in order to be
informed whether or not they are listed in the complaint. In
the latter case, they should as soon as possible, but not later
than 15 days after publication of this notice in the Official
Journal of the European Communities, request a copy of the ques-
tionnaire, as all questionnaires have to be completed and reach
the Commission in hard copy within the time limit set in point
7(a) of this notice. Any request for questionnaires must be
made in writing to the address mentioned below and should
indicate the name, address, e-mail address, telephone, and fax,
and/or telex numbers of the interested party. Alternatively, a
request for a questionnaire can be addressed to the national
authorities.

(d) 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. This
information has to reach the Commission in hard copy form
within the time limit set in point 7(a) of this notice.

the Commission may hear

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

If sufficient cooperation is not forthcoming, the Commission
will base its findings, in accordance with Articles 17(4) and 18
of the Basic Regulation, on the facts available.

(1) For a definition of related companies please refer to Article 143(1)
of Commission Regulation (EEC) No 2454/93 concerning the
implementation of
the Community Customs Code (OJ L 253,
11.10.1993, p. 1).

(e) Selection of the market economy third country

In accordance with Article 2(7)(a) of the Basic Regulation, it is
envisaged to choose South Africa as an appropriate market
economy third country for
the purpose of establishing
normal value in respect of the People’s Republic of China.
Interested parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit set in
point 7(c) of this notice.

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Official Journal of the European Communities

13.5.2000

(f) Market economy status

For those producers in the People’s Republic of China which
claim and provide sufficient evidence that they operate under
market economy conditions, i.e. that they meet 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 claim forms to all
producers in the People’s Republic of China who have either
been included in the sample or who have requested an indi-
vidual margin, as well as to the Chinese authorities.

6. Community interest

that

industry,

substantiated,
in
be

In accordance with Article 21 of the Basic Regulation and in
order that a decision may be reached as to whether,
in the
the allegations of dumping and injury caused
event
the adoption of anti-dumping
thereby are
the
the Community
measures would
interest,
Community
representative
importers,
associations, representative users and representative consumer
organisations may, provided that they prove that there is an
objective
and the product
concerned, within the general time limits set in point 7(a) of
this notice, make
the
Commission with information.
It should be noted that any
information submitted pursuant to this Article will only be
taken into account if supported by factual evidence at the
time of submission.

themselves known and provide

link between their

activity

their

7. Time limits

(a) General time limit

Interested parties, if their representations are to be taken into
account during the investigation, 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 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
including parties not
interested parties,
limit applies to all
named in the complaint, and it
is consequently in the
interest of these parties to contact the Commission without
delay.

(b) Specific time limit in respect of sampling

All information relevant for the selection of the sample should
be submitted to the Commission within 15 days of the date of
publication of this notice, given that the Commission intends
to consult parties concerned that have expressed their will-
ingness to be included therein on the final selection of the

sample within a period of 21 days of the publication of this
notice.

(c) Specific time limit for the selection of the market economy third

country

Parties to the investigation wishing to comment on the appro-
priateness of South Africa which, as mentioned in point 5(e) of
this notice, is envisaged as a market-economy third country for
the purpose of establishing normal value in respect of the
People’s Republic of China, shall file their comments within
10 days of the date of publication of this notice.

(d) Specific time limit for submission of claims for market economy

status

Duly substantiated claims
for market economy status, as
mentioned in paragraph 5(f) of this notice, must reach the
Commission within 21 days of the date of publication of this
notice.

8. Written submissions 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
Trade DG
Directorates C and E
DM 24 (cid:151) 8/37
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877

9. Non-cooperation

In cases which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
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.