Notice of initiation of an anti-dumping proceeding concerning imports of aluminium foil originating in the People's Republic of China and Russia
Date: 2000-02-18
Institutions: European Commission
Subjects: China, Russia, anti-dumping legislation, dumping, originating product, thin sheet

C 45/2

EN

Official Journal of the European Communities

18.2.2000

Notice of initiation of an anti-dumping proceeding concerning imports of aluminium foil orig-
inating in the People’s Republic of China and Russia

(2000/C 45/02)

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 aluminium
foil, originating in the People’s Republic of China and Russia,
are being dumped and are thereby causing material injury to
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.

1. Complaint
The complaint was lodged on 4 January 2000 by Eurometaux
(hereinafter referred to as (cid:145)the complainant(cid:146)) on behalf of
producers representing a major proportion, i.e. 71 %, of the
total Community production of aluminium household foil
(AHF) (hereinafter referred to as (cid:145)the product concerned(cid:146)).

2. Product
The product allegedly being dumped is aluminium foil of a
thickness of not more than 0,018 mm, not backed, not
further worked than rolled, presented in jumbo reelsof a
width not exceeding 650 mm, currently classifiable within
CN code ex 7607 11 10. This CN code is only given for
information.

3. Allegation of dumping
In view of the fact that normal value for the People’s Republic
of China and Russia will be determined on the basis of the
rules set out
the
complainant has proposed that normal value be established
on the basis of the price in a market economy third country.

the Basic Regulation,

in Article 2(7) of

The allegation of dumping is based on a comparison of normal
value, as set out above, with the export prices of the product
concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant.

4. Allegation of injury
The complainant has provided evidence that imports of the
product concerned from the People’s Republic of China and
Russia 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 quantities sold and the level of prices
charged by the Community producers, resulting in substantial
adverse effects on the overall performance and the financial
situation of the Community industry.

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

(a) Questionnaires
In order to obtain the information it deems necessary for tis
investigation, the Commission will send questionnaires to the
Community industry and to any association of producers in the
Community, to the exporting producers and importers, to any
association of exporting producers and importers named in the
complaint and to the authorities of the People’s Republic of
China and Russia.

Exporting producers and importers are invited to contact the
Commission forthwith in order to find out 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 questionnaire, as all questionnaires have
to be completed and reach the Commission in hard copy
within the time limit set in paragraph 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,
telex
numbers of the interested party. Alternatively, a request for a
questionnaire can be addressed to the national authorities of
the exporting country.

telephone, and fax, and/or

(b) 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 within the time
limit set in paragraph 7(a) of this notice.

the Commission may hear

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

(c) Selection of the market economy third country
In accordance with Article 2(7)(a) of
the Basic Regulation,
Turkey is envisaged as an appropriate market economy third
country for the purpose of establishing normal value in respect
of the People’s Republic of China and Russia. Interested parties
are hereby invited to comment on the appropriateness of this
choice within the specific time limit set in paragraph 7(b) of
this notice.

(d) Market economy status
For those exporting producers in the People’s Republic of
China and Russia 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
the Basic Regulation. Exporting
with Article 2(7)(b) of

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EN

Official Journal of the European Communities

C 45/3

producers intending to submit duly substantiated claims must
do so within the specific time limit laid down in paragraph 7(c)
of this notice. The Commission will send claim forms to all
exporting producers in the People’s Republic of China and
Russia, as well as to the Chinese and Russian authorities.

that

6. Community interest
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
substantiated,
thereby are
measures would
the
the Community
in
be
Community industry,
their representative associ-
ations and representative consumer organisations may, within
the general time limit set in paragraph 7(a)-of this notice, make
the Commission with
themselves
information.
any information
to this Article will only be taken into
submitted pursuant
the time of
account
submission.

if supported by factual evidence at

should be noted that

known and provide

importers,

interest,

It

7. Time limits
All submissions and requests, made by interested parties within
the context of
the following paragraphs must be made in
writing (not in electronic format, unless otherwise specified),
and must reach the Commission within the time limits set
below.

(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
limit applies to all
interested parties,
named in the complaint, and it
is consequently in the
interest of these parties to contact the Commission without
delay.

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

country

Parties to the investigation wishing to comment on the appro-
priateness of Turkey which, as mentioned in paragraph 5(c) 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 and Russia,
should file their
comments within 10 days of the date of publication of this
notice.

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

status

for market economy status, as
Duly substantiated claims
mentioned in paragraph 5(d) of
this notice, must be
submitted in writing within 21 days of the date of publication
of this notice of initiation.

(d) Commission address for correspondence
European Commission
Directorate-General for Trade
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.

8. Non-cooperation
In cases in 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.