Notice of initiation of an anti-dumping proceeding concerning imports of certain zinc oxides originating in the People's Republic of China
Date: 2000-12-20
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, originating product, oxide, zinc

20.12.2000

EN

Official Journal of the European Communities

C 366/7

Notice of initiation of an anti-dumping proceeding concerning imports of certain zinc oxides
originating in the People’s Republic of China

(2000/C 366/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), ((cid:145)the Basic Regu-
lation(cid:146)), alleging that imports of certain zinc oxides, originating
in the People’s Republic of China ((cid:145)country concerned(cid:146)), are
being dumped and are thereby causing material injury to the
Community industry.

1. Complaint

The complaint was lodged on 7 November 2000 by Euro-
metaux ((cid:145)the complainant(cid:146)) on behalf of producers representing
a major proportion, in this case more than 75 %, of the total
Community production of zinc oxide.

2. Product

The product allegedly being dumped is zinc oxide (excluding
zinc peroxide, feed grade zinc oxide, technical zinc oxide) with
a purity in net weight of not less than 93 % ZnO ((cid:145)the product
concerned(cid:146)) originating in the People’s Republic of China,
currently classifiable within CN code ex 2817 00 00. This CN
code is only given for information.

3. Allegation of dumping

In view of the provisions of Article 2(7) of the Basic Regu-
lation, the applicant established normal value for the People’s
Republic of China on the basis of the price in an appropriate
market economy country, which is mentioned in paragraph
5.1(c) of this notice. The allegation of dumping is based on a
comparison of normal value, as set out
in the preceding
sentence, 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
in absolute terms and in terms of market
increased overall
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 industry,
effects on the overall
resulting
adverse
performance and the financial situation of
the Community
industry.

in substantial

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

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No

2238/2000 (OJ L 257, 11.10.2000, p. 2).

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

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

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send ques-
tionnaires to the Community industry and to any
in the Community,
to
association of producers
of
associations
and
known
People’s Republic of
exporters/producers
China,
to any association of
importers named in the complaint, and to the auth-
orities of the exporting country concerned.

exporters/producers
in the
to known importers,

event,

should

contact

all parties

In any
the
Commission forthwith by fax, but not later than the
time limit set out in paragraph 6(a)(i) of this notice, in
order
they are listed in the
complaint and,
if necessary, request a questionnaire,
given that the time limit set in paragraph 6(a)(ii) of
this notice applies to all such interested parties.

to find out whether

(b) Collection of information and holding of hearings

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

the Commission may hear

Furthermore,
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 paragraph 6(a)(iii).

(c) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regu-
lation, it is envisaged to choose the United States of
America 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
in
paragraph 6(b) of this notice.

set

C 366/8

EN

Official Journal of the European Communities

20.12.2000

(d) Market economy status

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

country

For those exporters/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. Exporters/producers
intending to
submit duly substantiated claims must do so within
the specific time limit set in paragraph 6(c) of this
notice. The Commission will send claim forms to all
exporters/producers in the People’s Republic of China
who have requested an individual margin as well as to
the authorities of the the People’s Republic of China.

5.2. Procedure for assessment of Community interest

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 be against the Community interest.
For this reason the Community industry, importers, their
associations,
representative
and
representative
representative
consumer organisations, provided that
they prove that there is an objective link between their
activity and the product concerned, may, within the
this
general
notice, make
the
It should be noted that
Commission with information.
to Article 21 will
any information submitted pursuant
only be taken into account
supported by factual
evidence at the time of submission.

in paragraph 6(a)(ii) of
known and provide

time limits

themselves

users

set

if

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 20 days after
the publication of this notice in the Official Journal of
the European Communities.

(ii) For parties to make themselves known, to submit
questionnaire replies and any other information

known

themselves

All interested parties, if their representations are to
be taken into account during the investigation, must
the
make
Commission, present their views and submit ques-
tionnaire 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.

contacting

by

(iii) Hearings

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

a market-economy country

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which,
as mentioned in paragraph 5.1(c) of
is
envisaged as
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 publi-
cation of this notice in the Official Journal of the European
Communities.

this notice,

for

(c) Specific

time

limit

for

submission of

claims

for market

economy status

Duly substantiated claims for market economy status, as
mentioned in paragraph 5.1(d) of this notice, must reach
the Commission within 21 days of the date of publi-
cation of this notice in the Official Journal of the European
Communities.

7. Written submissions, 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 (cid:151) 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
this notice in the Official
months from the publication of
Journal of the European Communities.