Notice of initiation of an anti-dumping proceeding concerning imports of ferro molybdenum originating in the People's Republic of China
Date: 2000-11-09
Institutions: European Commission
Subjects: China, anti-dumping legislation, exchange of information, ferro-alloy, import, originating product

9.11.2000

EN

Official Journal of the European Communities

C 320/3

Notice of initiation of an anti-dumping proceeding concerning imports of ferro molybdenum
originating in the People’s Republic of China

(2000/C 320/03)

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 2238/2000 (2) (hereinafter referred
to as (cid:145)the Basic Regulation(cid:146)), alleging that imports of
ferro
molybdenum, originating in the People’s Republic of China
are being dumped and are thereby causing material injury to
the Community industry.

1. Complaint

The complaint was lodged on 25 September 2000 by Euroal-
liaged, Le ComitØ de Liaison des Industries de Ferro-alliages
((cid:145)the complainant(cid:146)) on behalf of producers
representing a
major proportion, in this case more than 66 %, of the total
Community production of ferro molybdenum.

2. Product

The product allegedly being dumped is ferro molybdenum
(hereinafter referred to as (cid:145)the product concerned(cid:146)), currently
classifiable within CN code 7202 70 00. This CN code is only
given for information.

3. Allegation for dumping

In view of the fact that normal value for the People’s Republic
of China, will be determinated on the basis of the rules set out
in Article 2(7) of the Basic Regulation, the complainant has
proposed that normal value be established on the basis of the
price in a market economy country (see point 5.1.(d) of this
notice). 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 margin calculated is significant.

4. Allegation of injury

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

5. Procedure

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) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the People’s Republic of China is
being dumped and whether this dumping has caused injury.

determine whether

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling
in accordance with Article 17 of the Basic Regulation.

(i) Sampling for

exporters/producers

in the People’s

Republic of China

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves known
by contacting the Commission and providing the
following information on their company or companies
within the time limit set in point 6(b)(i) of this notice:

(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 October 1999
to 30 September 2000,

(cid:151) if the company intends to submit a claim for an
individual margin or market economy status (indi-
vidual margins and market economy status can only
be claimed by producers),

(cid:151) for companies claiming market economy status, the
turnover in local currency and the sales volume in
tonnes for the product concerned on the domestic
market during the period 1 October 1999 to 30
September 2000,

(cid:151) the precise activities of the company with regard to

the production of the product concerned,

(cid:151) the names and the precise activities of all related
involved in the production and/or
the product

companies (3)
selling (export and/or domestic) of
concerned,

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(3) For guidance on the meaning 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).

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Official Journal of the European Communities

9.11.2000

(cid:151) an indication of whether the company or companies
agree to their inclusion in the sample, which implies
replying to a questionnaire
and accepting an
on-the-spot investigation of their response.

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
the auth-
in addition, contact
the exporting country, and any known
orities of
associations of exporters/producers.

(ii) Final selection of the sample

interested parties wishing to submit any relevant
All
information regarding the selection of
the sample
must do so within the time limit set in point 6(b)(i)
of this notice.

samples

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

after having

consulted

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)(ii)
and must cooperate within the framework of the inves-
tigation.

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation, on the
facts available.

forthcoming,

(b) 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 sampled exporters/
to any
in the People’s Republic of China,
producers
association of exporters/producers, and to the importers
and to any association of
importers named in the
complaint as well as to the authorities of the exporting
countries concerned.

In any event, all parties should contact the Commission
forthwith in order to find out whether they are listed in
the complaint and if they are not, they should request a
questionnaire within the time limit set in point 6(a)(i), given
that the time limit set in point 6(a)(ii) of this notice applies
to all interested parties.

in the People’s Republic of China
Exporters/producers
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the Basic Regu-
lation have to submit a complete questionnaire within the
time limit set in point 6(a)(ii) of this notice. However, such
parties should be aware that
if sampling is applied to
exporters/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.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence has to reach the Commission within
the time limit set in point 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in point 6(a)(iii).

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose the United States as an appropriate
market economy country for the purpose of establishing
normal value in respect of
the People’s Republic of
Interested parties are hereby invited to comment
China.
on the appropriateness of this choice within the specific
time limit set in point 6(c) of this notice.

(e) Market economy status

For those exporters/producers in the People’s Republic of
China which claim and provide sufficient evidence that they
operated 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. Exporters/
producers intending to submit duly substantiated claims
must do so within the specific time limit set
in point
send claim
6(d) of
forms to all exporters/producers in the People’s Republic
of China who have either been included in the sample or
who have requested an individual margin as well as to the
authorities of the People’s Republic of China.

this notice. The Commission will

5.2. Procedure for assessment of Community interest

this

industry,

the Community interest. For

In accordance with Article 21 of the Basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
objective
and the product
concerned, may, within the general time limits set in point
6(a)(ii) of this notice, make themselves known and provide
the Commission with information.
It should be noted that
any information submitted pursuant to Article 21 will only
be taken into account if supported by factual evidence at the
time of submission.

link between their

they prove that

activity

their

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties should request a questionnaire as
soon as possible, but not later than 15 days after the
publication of this notice in the Official Journal of the
European Communities.

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Official Journal of the European Communities

C 320/5

(ii) For parties to make themselves known,

to submit ques-

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

tionnaire replies and any other information

status

All 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 and submit questionnaire replies
or any other information within 40 days of the date
of publication of this notice in the Official Journal of the
European Communities, unless otherwise specified.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 6(b)(ii) of this notice.

(iii) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i) All information relevant for the selection of the sample
should reach the Commission within 15 days of the date
of publication of this notice in the Official Journal of the
the Commission
European Communities, given that
intends
that have
expressed their willingness to be included therein on
the final selection of the sample within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

to consult parties

concerned

(ii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

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

Parties to the investigation may wish to comment on the
appropriateness of the United States which, as mentioned
in point 5.1.(d) of this notice,
is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of the People’s Republic of China. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Communities.

Duly substantiated claims for market economy status, as
mentioned in point 5.1.(e) of this notice, must reach the
Commission within 21 days of the date of the selection of
any sample or as determined by the Commission.

7. Written submission, questionnaire replies and corre-

spondence

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
Directorate General for Trade
Directorates B and C
TERV 0/13
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.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 7(1) of the Basic Regulation,
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Communities.