Notice of initiation of an expiry and an interim review of the anti-dumping measures applicable to imports of certain grain oriented electrical sheets originating in Russia
Date: 2001-02-20
Institutions: European Commission
Subjects: Russia, anti-dumping duty, anti-dumping legislation, import, originating product, sheet

20.2.2001

EN

Official Journal of the European Communities

C 53/13

Notice of initiation of an expiry and an interim review of the anti-dumping measures applicable to
imports of certain grain oriented electrical sheets originating in Russia

(2001/C 53/05)

the Commission has received a request

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain grain
((cid:145)the country
oriented electrical sheets originating in Russia,
for a
concerned(cid:146)),
review pursuant to Article 11(2) of Commission Decision No
2277/96/ECSC (2)
the
Commission has decided on its own initiative to initiate an
interim review pursuant to Article 11(3) limited to the form
of the measures.

((cid:145)the Basic Decision(cid:146)). Furthermore,

1. Request for review

The request was
lodged on 20 November 2000 by the
European Confederation of Iron and Steel Industries (Eurofer)
((cid:145)the applicant(cid:146)) on behalf of producers representing 100 % of
the Community production of certain grain oriented electrical
sheets.

2. Product

The product under review is grain oriented cold-rolled sheets
and strips of silicon-electrical steel with a width of more than
500 mm originating in Russia ((cid:145)the product concerned(cid:146)),
currently
classifiable within CN codes 7225 11 00 and
7226 11 10. These CN codes are only given for information.

3. Existing measures

The measures currently in force on the product concerned
imposed by
consist of
Decision No 303/96/ECSC (3) by which undertakings
for
three exporters were also accepted.

anti-dumping duty

a definitive

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.

With regard to the recurrence of dumping, it is alleged that
Russian exports to a number of third countries are made at
significantly dumped prices.

that
the volumes
Furthermore,
the applicant also alleges
exported to the Community would in all
likelihood increase
due to the existence of unused capacity, to limitations to export
to traditional markets other than the EU (e.g. anti-dumping
measures in the People’s Republic of China, agreement with
the United States to limit exports), and to the existence of
well-established distribution channels for the Russian product
in the Community.

the Community

it is alleged that in view of the
Concerning injury aspects,
situation of
removal of
the
measures would be likely to lead to a recurrence of injury. It
is alleged that Russian imports have continued to be made at
prices below those of
the Community industry and would
remain at this level and that import volumes are also likely
to increase.

industry,

4.2. Grounds for the expiry review

The Commission has decided on its own initiative to initiate an
interim review pursuant to Article 11(3) in order to examine
the appropriateness of the form of the measure.

In this respect it should be noted that enforcement problems
have been encountered in the monitoring of the undertaking,
with consequences on the remedial effect of the measures.

4. Grounds for the review

4.1. Grounds for the expiry review

5. Procedure

The request
the expiry of
is based on the grounds that
measures would be likely to result in a continuation and/or
recurrence of dumping and injury to the Community industry.

With regard to the allegation of continuation of dumping, in
view of the provisions of Article 2(7) of the Basic Decision, the
applicant established normal value for Russia on the basis of
the price in an appropriated 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

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry and an interim review,
the Commission hereby
initiates a review in accordance with Article 11(2) and 11(3)
of the Basic Decision. The interim review is limited to the form
of the measures.

5.1. Procedure

likelihood of
the determination of
continuation and/or recurrence of dumping and injury

for

(1) OJ C 216, 28.7.2000, p. 2.
(2) OJ L 308, 29.11.1996, p. 11, as last amended by Decision No

1000/99/ECSC (OJ L 122, 12.5.1999, p. 35).

(3) OJ L 42, 20.2.1996, p. 7.

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. It will also examine the
need for the continuation or removal of the existing measures,
as well as the form of the measures.

C 53/14

EN

Official Journal of the European Communities

20.2.2001

(a) 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 exporters/producers
in Russia and to any association of exporters/producers,
to the importers, to any association of importers named
in the request or which cooperated in the investigation
leading to the measures subject to the present review, and
to the authorities of the exporting country concerned.

be heard, within the time limit set in paragraph 6(a)(iii) of this
notice.

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.

In any event, all parties which did not cooperate in the
to the
investigation leading to the measures
present review should contact the Commission forthwith
by fax in order to find out whether they are listed in the
request and if necessary request a questionnaire within the
time limit set in paragraph 6(a)(i), given that the time limit
to all
set
interested parties.

in paragraph 6(a)(ii) of

this notice applies

subject

(b) 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 paragraph 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 paragraph
6(a)(iii) of this notice.

(c) Selection of the market economy contry

In the previous investigation Brazil was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of Russia. The Commission
envisages using Brazil again for this purpose.
Interested
parties are hereby invited to comment on the appropri-
ateness of this choice within the specific time limit set in
paragraph 6(b) of this notice.

5.2. Procedure for the assessment of Community interest

industry,

In accordance with Article 21 of the Basic Decision and in the
event that the likelihood of a continuation and/or recurrence 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. For this reason
the Community
representative
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
link between their
objective
concerned, may, within the time limits
in paragraph
set
6(a)(ii) of this notice, make themselves known and provide
the Commission with information. The parties which have
acted in conformity with the precedent sentence may request
a hearing, setting out the particular reasons why they should

they prove that

importers,

activity

their

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(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
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.

(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 for the selection of the market economy country

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Brazil which, as mentioned in paragraph
is envisaged as a market-economy
5.1(c) of
country for the purpose of establishing normal value in
respect of Russia. These
reach the
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Communities.

comments must

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.

20.2.2001

EN

Official Journal of the European Communities

C 53/15

Commission address for correspondence:

8. Non-cooperation

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.

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 Decision, 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.