Commission Decision No 2113/2000/ECSC of 5 October 2000 initiating a 'new exporter' review of Decision No 283/2000/ECSC imposing a definitive anti-dumping duty on imports of certain flat rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled, originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2000-10-05
Institutions: European Commission
Subjects: India, anti-dumping duty, customs regulations, flat product, import, iron and steel product

6.10.2000

EN

Official Journal of the European Communities

L 252/3

COMMISSION DECISION No 2113/2000/ECSC

of 5 October 2000

initiating a ‘new exporter’ review of Decision No 283/2000/ECSC imposing a definitive anti-
dumping duty on imports of certain flat rolled products of iron or non-alloy steel, of a width of
600 mm or more, not clad, plated or coated,
in coils, not further worked than hot-rolled,
originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this
country 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 Commission Decision No 2277/96/ECSC of
28 November 1996 on protection against dumped imports
from countries not members of the European Coal and Steel
Community (1) (‘the basic Decision’), as amended by Decision
No 1000/1999/ECSC (2), and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

The applicant alleges that it did not export the product
concerned to the Community during the period of
investigation on which the anti-dumping measures were
based,
the period from 1 January 1998 to 31
December 1998 (‘the original

investigation period’).

i.e.

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period, and that it is not
related to any of the exporting producers of the product
concerned which are subject to the above-mentioned
anti-dumping measures.

(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 the basic
Decision. The application was lodged by Ispat Industries
Ltd (‘the applicant’), an exporting producer in India.

B. Product

The product concerned is certain flat rolled products of
iron or non-alloy steel, of a width of 600 mm or more,
not clad, plated or coated, in coils, not further worked
than hot-rolled (‘hot-rolled coils’). This product
is
currently classifiable within CN codes 7208 10 00,
7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00,
7208 37 10, 7208 37 90, 7208 38 10, 7208 38 90,
7208 39 10 and 7208 39 90. These CN codes are only
given for information.

C. Existing measures

The measures currently in force are a definitive anti-
dumping duty imposed by Commission Decision No
283/2000/ECSC (3), under which imports
into the
Community of
the product concerned originating in
India and produced by this company are subject to a
definitive anti-dumping duty of 9 %, with the exception
specifically
of
mentioned, which are subject to individual duty rates.

from several

companies

imports

(1) OJ L 308, 29.11.1996, p. 11.
(2) OJ L 122, 12.5.1999, p. 35.
(3) OJ L 31, 5.2.2000, p. 15.

E. Procedure

(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(4) of the
basic Decision with a view to determining the appli-
cant's individual margin of dumping and, should the
dumping be found,
the level of duty to which its
imports of the product concerned into the Community
should be subject.

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation the Commission will send a ques-
tionnaire to the applicant.

(b) Collection of information and 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

6.10.2000

F. Repeal of the duty in force and registration of

imports

(7)

the basic Decision,

to Article 11(4) of

Pursuant
the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned originating
in India 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
accordance with Article 14(5) of that Decision, in order
to ensure that, should the review result in a finding of
dumping in respect of
the applicant, anti-dumping
duties can be levied retroactively from the date of the
initiation of this review. The amount of the applicant's
possible future liabilities cannot be estimated at this
stage of the proceeding.

G. Time limit

(8)

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

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in
recital 6 or any other information to be taken into
account during the investigation,

— interested parties may make a written request to be

heard by the Commission.

H. Non-cooperation

(9)

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, affirmative or negative, may
be made in accordance with Article 18 of the basic
Decision, on the basis of the facts available.

(10) 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,

HAS ADOPTED THIS DECISION:

Article 1

A review of Decision No 283/2000/ECSC is hereby initiated
pursuant to Article 11(4) of Decision No 2277/96/ECSC, in
order to determine if, and to what extent, imports of hot-rolled
falling within CN codes 7208 10 00, 7208 25 00,
coils
7208 26 00,
7208 37 10,
7208 37 90, 7208 38 10, 7208 38 90, 7208 39 10 and

7208 36 00,

7208 27 00,

7208 39 90, originating in India, produced and sold for export
to the Community by Ispat Industries Ltd (TARIC additional
code A204), India, should be subject to the anti-dumping duty
imposed by Decision No 283/2000/ECSC.

Article 2

The anti-dumping duty imposed by Decision No 283/2000/
ECSC is hereby repealed with regard to imports of the product
identified in Article 1 of this Decision.

Article 3

to
The customs authorities are hereby directed, pursuant
Article 14(5) of Decision No 2277/96/ECSC, to take the appro-
priate steps to register the imports identified in Article 1 of this
Decision. Registration shall expire nine months following the
date of entry into force of this Decision.

Article 4

Interested parties, if their representations are to be taken into
account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit the replies to the questionnaire mentioned
in recital 6 or any other information within 40 days from the
date of entry into force of this Decision, unless otherwise
specified. Interested parties may also apply in writing to be
heard by the Commission within the same 40-day 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.

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.

Any information relating to the matter and any request for a
hearing should be sent to the following address:.

European Commission
Trade Directorate-General
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 Decision shall enter into force on the day following its
publication in the Official Journal of the European Communities.

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

Done at Brussels, 5 October 2000.

For the Commission

Pascal LAMY

Member of the Commission