Notice of initiation of an anti-dumping proceeding concerning imports of compact disks — recordable (CD-Rs) originating in Taiwan
Date: 2001-03-31
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, anti-dumping legislation, import, originating product, record

C 102/2

EN

Official Journal of the European Communities

31.3.2001

Notice of initiation of an anti-dumping proceeding concerning imports of compact disks (cid:151)
recordable (CD-Rs) originating in Taiwan

(2001/C 102/02)

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)
((cid:145)the Basic Regu-
lation(cid:146)), alleging that imports of CD-Rs, originating in Taiwan
((cid:145)the country concerned(cid:146)), are being dumped and are thereby
causing material injury to the Community industry.

1. Complaint

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 Taiwan is being dumped and
whether this dumping has caused injury.

determine whether

of

The complaint was lodged on 16 February 2001 by the
Committee
((cid:145)the
CD-R Manufacturers
complainant(cid:146)) on behalf of producers representing a major
the total
in this case more than 25 %, of
proportion,
Community production of CD-Rs.

(CECMA)

2. Product

The product allegedly being dumped is compact disks (cid:151)
recordable (CD-Rs) originating in the country concerned (the
product concerned). CD-Rs are optical storage WORM (write
once read many) disks on which either data or music can be
recorded, currently classifiable within CN code ex 8523 90 00.
This CN code is only given for information.

3. Allegation of dumping

The allegation of dumping for Taiwan is based on a
comparison of constructed normal value with the export
prices of the product concerned 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 Taiwan have increased overall
in
absolute terms and in terms of market share.

It is alleged that 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, resulting in substantial
adverse effects on the overall performance and 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

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

(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 Taiwan

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

the Commission and providing

contacting

(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 units
to the
of
the product concerned sold for export
Community during the period 1 January 2000 to 31
December 2000,

(cid:151) whether the company intends to claim an individual
margin (individual margins can only be claimed by
producers),

(cid:151) the turnover in local currency and the sales volume in
the product concerned on the domestic
units for
market during the period 1 January 2000 to 31
December 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

and/or domestic) of

companies (3)
selling (export
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

C 102/3

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

questionnaire

accepting

and

to

a

In order to obtain the information it deems necessary for
the selection of the sample of exporters/producers, the
in addition, contact the authorities of
Commission will,
the known exporters/producers
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 January 2000 to 31 December 2000,

(cid:151) the total number of employees,

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

the product concerned,

(cid:151) the resales made in the Community market during the
period 1 January 2000 to 31 December 2000 of the
imported product concerned,

(cid:151) the volume in units and value in euro of imports into
and resales made in the Community market during the
period 1 January 2000 to 31 December 2000 of the
imported product concerned,

(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 the company or companies
agree to their inclusion in the sample, which implies
replying
an
on-the-spot investigation of their response.

questionnaire

accepting

and

to

a

(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).

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

(iii) Final selection of the samples

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

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

Companies included in the samples must reply to a ques-
tionnaire within the time limit set in point 6(b)(ii) of this
notice and must cooperate within the framework of the
investigation.

sufficient

cooperation

If
not
Commission will base its findings,
Articles 17(4) and 18 of
facts available.

forthcoming,

the
in accordance with
the Basic Regulation, on the

is

(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/producers in Taiwan, to
to the
any association of
sampled
importers named in the
importers,
complaint, and to the authorities of
the exporting country
concerned.

to any association of

exporters/producers,

Exporters/producers in Taiwan claiming an individual margin,
with a view to the application of Articles 17(3) and 9(6) of the
submit a completed questionnaire
Basic Regulation, must
within the time limit set in point 6(a)(ii) of this notice. They
therefore must 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 nonetheless decide not to calculate an indi-
vidual margin for
the number of exporters or
producers is so large that individual examinations would be
unduly burdensome and would prevent the timely completion
of the investigation.

them,

if

(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 must reach the Commission within the
time limit set in point 6(a)(ii) of this notice.

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Official Journal of the European Communities

31.3.2001

the Commission may hear
they make a request showing that

interested parties,
Furthermore,
provided 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).

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
there is an
organisations, provided that
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

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

Journal of

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

tionnaire replies and any other information

known by

interested parties,

if their representations are to be
All
taken into account during the investigation, must make
themselves
the Commission,
present their views and submit questionnaire replies or
any other information within 40 days of the date of publi-
cation of this notice in the Official Journal of the European
Communities, unless otherwise specified.

contacting

Companies selected in a sample must submit questionnaire
replies within the time limit 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 samples
should reach the Commission within 15 days of the date of
publication of
this notice in the Official
the
European Communities, given that the Commission intends
to consult parties concerned that have expressed their will-
ingness to be included therein on the final selection of the
samples within a period of 21 days of the publication of
this notice
the European
Communities.

in the Official

Journal of

Journal

of

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

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
months from the date of publication of this notice in the
Official Journal of the European Communities.