Notice of initiation of an anti-dumping proceeding concerning imports of certain worked monumental or building granite stones originating in the People's Republic of China and India
Date: 2000-11-11
Institutions: European Commission
Subjects: China, India, anti-dumping legislation, earths and stones, exchange of information, originating product

11.11.2000

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Official Journal of the European Communities

C 322/3

Notice of initiation of an anti-dumping proceeding concerning imports of certain worked monu-
mental or building granite stones originating in the People’s Republic of China and India

(2000/C 322/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1) as last amended by
Regulation (EC) No 2238/2000 (2)
((cid:145)the Basic Regulation(cid:146)),
imports of certain worked monumental or
alleging that
building granite stones, originating in the People’s Republic
of China and India, are being dumped and are thereby
causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 29 September 2000 by the
Stone
European & International
Federation of Natural
Industries
complainant(cid:146)), on behalf of
((cid:145)the
producers representing a major proportion, in this case more
than 31 %, of
the total Community production of certain
worked monumental or building granite stones.

(Euro-ROC)

2. Product

The product allegedly being dumped is granite-worked monu-
mental or building stones either simply cut or sawn, with a flat
or even surface, or polished decorated or otherwise worked,
with a net weight of 10 kg or more, or otherwise carved or
decorated. These stones include, but are not limited to, granite
tombstones, which define and/or decorate graves, in slabs posi-
tioned in most cases vertically or horizontally and enclosures
(borders) which, when assembled, can be utilised as a memorial
((cid:145)the product concerned(cid:146)). They are, currently classifiable within
CN codes ex 6802 23 00, ex 6802 93 10 and ex 6802 93 90.
These CN codes are only given for information.

3. Allegation of dumping

The allegation of dumping for India is based on a comparison
of a constructed normal value with the export prices of the
product concerned to the Community.

In view of the fact that normal value for the People’s Republic
of China will be determined on the basis of the rules set out in
Article 2(7) of
the complainant has
proposed that normal value be established on the basis of a
constructed normal value in a market economy country (see
point 5.1(c) below).

the Basic Regulation,

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.

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

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People’s Republic of China and
India 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 and the quantities
resulting in substantial
sold by the Community industry,
adverse effects on the overall performance,
the financial
situation and the employment 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.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the People’s Republic of China and
India 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 and India

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
company
following
or
on
in paragraph
companies within the time limit set
6(b)(i) of this notice:

information

their

(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 November
1999 to 31 October 2000,

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Official Journal of the European Communities

11.11.2000

(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) the resales made in the Community market during
the period 1 November 1999 to 31 October 2000
of the imported product concerned originating in
the People’s Republic of China and India,

(cid:151) for companies in India, and companies in the
claiming market
People’s Republic of China
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 November 1999 to 31 October 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 (1)
selling (export and/or domestic) of
concerned,

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

Commission in the selection of the sample,

(cid:151) an indication of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

the

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

(ii) Sampling for importers

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide 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 total turnover in euro of the company during
the period 1 November 1999 to 31 October 2000,

(cid:151) the total number of employees,

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

the product concerned,

(1) 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).

(cid:151) the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 1 November 1999 to 31
October 2000 of the imported product concerned
originating in the People’s Republic of China and
India,

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

companies (1)
selling of the product concerned,

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

Commission in the selection of the sample,

(cid:151) an indication of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

the

the selection of

In order to obtain the information it deems necessary
for
the
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

The selection of the sample will be based on the largest
representative volume of production and sales of the
Community industry which can be reasonably inves-
tigated within the time available.

In order to obtain the information necessary for the
selection of the sample of Community producers, the
Commission will contact associations of Community
producers and/or individual Community producers.

(iv) Final selection of the samples

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
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

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Companies included in the samples must reply to a
questionnaire within the time limit
in point
6(b)(ii) and must cooperate within the framework of
the investigation.

set

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 sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in the People’s Republic of China and India to
any association of exporters/producers,
to the sampled
importers, to any association of importers named in the
complaint,
exporting
countries concerned.

authorities of

and to the

the

Exporters/producers in the People’s Republic of China and
India 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. They therefore
have to request a questionnaire within the time limit set in
point 6(a)(i) 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 indi-
vidual margin,
if would be unduly burdensome and
would prevent the timely completion of the investigation.

it

(e) Market economy status

For those exporters/producers in the People’s Republic of
China which claim aid 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.
Exporters/producers intending to submit duly substantiated
claims must do so within the specific time limit set in point
6(d) of this notice. The Commission will send claim 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.

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

(c) Collection of

information other than questionnaire replies and

holding of hearings

(i) For parties to request a questionnaire

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.

Exporters/producers in the People’s Republic of China
and India claiming an individual margin,
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.

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)(ii).

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose India as an appropriate market
economy 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
appropriateness of
this choice within the specific time
limit set in point 6(c) of this notice.

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

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
(if
they request an individual margin) or any other
information within 40 days of the date of publication
of this notice in the Official
the European
Communities, unless otherwise specified.

Journal of

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

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(iii) Hearings

7. Written submissions, questionnaire replies and corre-

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 samples
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 samples within a period of
21 days of the publication of this notice in the Official
Journal of the European Communities.

to consult parties

concerned

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

(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.

8. Non-cooperation

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

Parties to the investigation may wish to comment on the
appropriateness of India 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
the European
Communities.

this notice in the Official

Journal of

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 parts 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

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

status

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.

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.