Notice of initiation of an expiry review of the antidumping measures applicable to imports of peroxodisulphates originating in the People's Republic of China
Date: 2000-12-20
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, chemical salt, import, originating product

20.12.2000

EN

Official Journal of the European Communities

C 366/5

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
peroxodisulphates originating in the People’s Republic of China

(2000/C 366/03)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of peroxodi-
sulphates originating in the People’s Republic of China,
((cid:145)country concerned(cid:146)), the Commission has received a request
for review pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 (2) ((cid:145)the Basic Regulation(cid:146)).

1. Request for review

The request was
lodged on 20 September 2000 by the
European Chemical Industry Council (cid:151) CEFIC ((cid:145)the applicant(cid:146))
on behalf of producers
the
Community production of peroxodisulphates.

representing the totality of

2. Product

The product under review is peroxodisulphates originating in
the People’s Republic of China ((cid:145)the product concerned(cid:146)),
currently classifiable within CN code ex 2833 40 00 (TARIC
2833 40 00 10). This CN code is given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Regulation (EC) No 2961/95 (3).

4. Grounds for the review

is based on the grounds that

the expiry of
The request
measures would be likely to result
in a continuation or
recurrence of dumping and injury to the Community industry.

The applicant alleges
from the People’s
Republic of China to the Community have continued to be
made at substantial dumping margins.

the exports

that

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 continuation 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.

The applicant
the
exporters, or the market conditions indicate the likelihood of

the circumstances of

further alleges that

(1) OJ C 167, 16.6.2000.
(2) 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).

(3) OJ L 308, 21.12.1995.

injurious dumping. To this

further
the applicant
presents evidence that, should measures expire, the current
import level of the product concerned is likely to increase
due to the existence of unused capacity in the country
concerned.

respect

It is also alleged that if measures lapse, the flow of imports of
the product concerned is likely to rise due to the measures in
force in traditional markets other than the EU (i.e. the United
States).

the applicant alleges

that any recurrence of
In addition,
from the country
substantial
concerned would again cause injury to the Community
industry.

imports at dumped prices

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely,
to lead to a
continuation or recurrence of dumping and 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
to
association of producers
in the Community,
and
known
of
associations
exporters/producers
People’s Republic of
to any association of
China,
importers named in the request, and to the authorities
of the exporting country concerned.

exporters/producers
in the
to known importers,

In any event, all interested parties should contact the
Commission forthwith by fax and if necessary request
a questionnaire within the time limit set in paragraph
6(a)(i), given that the time limit set in paragraph 6(a)(ii)
of this notice applies to all interested parties.

(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.

C 366/6

EN

Official Journal of the European Communities

20.12.2000

the Commission may hear

interested
Furthermore,
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).

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.

(c) Selection of the market economy country

(iii) Hearings

country

In the previous investigation Japan was used as an
the
economy
appropriate market
purpose of establishing normal value in respect of
the People’s Republic of China. The Commission
envisages using Japan again for this purpose. Interested
parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit
set in paragraph 6(b) of this notice.

for

5.2. Procedure for the assessment of Community interest

For

this

that

reason the Community

In accordance with Article 21 of the Basic Regulation and
in the event
the likelihood of a continuation of
dumping and injury is confirmed, a decision will be
reached as to whether to maintain or repeal the anti-
dumping measures would not be against the Community
interest.
industry,
importers, their representative associations, representative
users and representative consumer organisations, provided
that they prove that there is an objective link between
their activity and the product concerned, may, within
the time limits set in paragraph 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.

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.

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

themselves

contacting

known

by

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

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

country

Parties to the investigation may wish to comment on the
appropriateness of
Japan which, as mentioned in
paragraph 5.1(c) 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.

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
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
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.