Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain tube or pipe-fittings, of iron or steel, originating in the People's Republic of China and Thailand and an interim review of the anti-dumping measures applicable to the same imports originating in Thailand
Date: 2001-04-03
Institutions: European Commission
Subjects: China, Thailand, anti-dumping duty, anti-dumping legislation, originating product, piping

3.4.2001

EN

Official Journal of the European Communities

C 103/5

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain tube or pipe-fittings, of iron or steel, originating in the People’s Republic of China and
Thailand and an interim review of the anti-dumping measures applicable to the same imports
originating in Thailand

(2001/C 103/03)

of China

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain tube
or pipe-fittings, of iron or steel, originating, inter alia, in the
((cid:145)countries
People’s Republic
concerned(cid:146)),
for a
review pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 (2), as
last amended by Regulation (EC) No
2238/2000 (3)
((cid:145)the Basic Regulation(cid:146)). The Commission also
has evidence which justifies the initiation of a review under
Article 11(3) of the Basic Regulation regarding Thailand.

the Commission has received a request

Thailand

and

1. Request for review

The request was lodged on 20 December 2000 by the Defence
Committee of EU Steel Butt-welding Fittings Industry ((cid:145)the
representing a major
applicant(cid:146)) on behalf of producers
proportion,
the total
in this case more than 70 %, of
Community production of certain tube or pipe-fittings, of
iron or steel.

2. Product

The product under review is certain tube or pipe-fittings (other
than cast fittings, flanges and threaded fittings), of iron or steel
(not including stainless steel), with a greatest external diameter
not exceeding 609,6 mm, of a kind used for butt-welding or
other purposes, originating in the People’s Republic of China
and Thailand ((cid:145)the product concerned(cid:146)), currently classifiable
within CN code ex 7307 93 11 (Taric code 7307 93 11 90),
ex 7307 93 19 (Taric code 7307 93 19 90) ex 7307 99 30
(Taric code 7307 99 30 91) and ex 7307 99 90 (Taric code
7307 99 90 91). These CN codes
for
information.

given only

are

3. Existing measures

The measures currently in force on the product concerned are
a definitive anti-dumping duty imposed by Council Regulation
(EC) No 584/96 (4),
extended by Regulation (EC) No
763/2000 (5),
(EC) No
Regulation
as
2314/2000 (6),
the product
to cover certain imports of
concerned which are consigned from Taiwan, and amended
by Regulation (EC) No 1592/2000 (7). It should be noted that
with regard to two exporters/producers from Thailand under-

amended

by

takings have
96/252/EC (8).

been accepted

by Commission Decision

4. Grounds for the review

4.1. Grounds for the expiry review (People’s Republic of

China and Thailand)

is based on the grounds that

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

The applicant alleges that the exports from Thailand to the
substantial
Community have
dumping margins.

continued to be made

at

The allegation of continuation of dumping in respect of
Thailand is based on a comparison of normal value, established
on the basis of domestic prices, with the export prices of the
product concerned to the Community.

the People’s Republic of China, given the negligible
For
quantities imported into the Community no continuation of
dumping could be established.

With regard to the recurrence of dumping, evidence was
presented that
the exports worldwide from both countries
are made at very low and dumped prices. The applicant
further alleges that, should measures be allowed to lapse, the
flow of imports at dumped prices to the Community is likely
to increase due to the existence of unused production capacity
in the countries concerned and to the anti-dumping measures
in force in traditional markets other than the EU (i.e. the USA)
against
these countries. Also, with regard to the People’s
Republic of China, the fact that measures were circumvented
(see below) shows a structural propensity to dump.

the applicant alleges

Concerning injury aspects,
the
situation of the Community industry is still fragile and that
imports at
recurrence of
any continuation or
dumped prices from the countries concerned would likely
lead to a continuation or recurrence of further injury of the
Community industry.

substantial

that

(1) OJ C 271, 22.9.2000, p. 4. The notice of impending expiry also
referred to certain tube or pipe-fittings of iron or steel originating
in Croatia, which are not subject to review.

(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 84, 3.4.1996, p. 1.
(5) OJ L 94, 14.4.2000, p. 1.
(6) OJ L 267, 20.10.2000, p. 15.
(7) OJ L 182, 21.7.2000, p. 1.

Furthermore, the applicant points out that during the period of
imposition of measures, the exporters/producers of the product
concerned from the People’s Republic of China tried to
undermine the existing measures by circumvention practices,
which were counteracted by Council Regulation (EC) No
763/2000.

(8) OJ L 84, 3.4.1996, p. 46, as amended by Decision 2000/453/EC (OJ

L 182, 21.7.2000, p. 25).

C 103/6

EN

Official Journal of the European Communities

3.4.2001

4.2. Grounds for the interim review (Thailand)

(c) Selection of the market economy country

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 for the product
concerned originating in Thailand. 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.

In the previous investigation Thailand was used as an appro-
priate market economy country for the purpose of establishing
normal value in respect of the People’s Republic of China. The
Commission envisages using Thailand again for this purpose in
accordance with Article 2(7) of the Basic Regulation. Interested
parties are hereby invited to comment on the appropriateness
of this country within the specific time limit set in point 6(b)
of this notice.

5. Procedure

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

(a) Questionnaires

to the

exporters/producers

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
in the People’s
Community,
Republic of China and Thailand 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
the exporting countries
review, and to the authorities of
concerned.

In any event, all parties 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 point 6(a)(i), given that the time limit set
in point 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 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.

5.2. Procedure for the assessment of Community interest

the

In accordance with Article 21 of the Basic Regulation and in
the event that a likelihood of a continuation or recurrence of
dumping and injury is found, as well as a need to change the
form of the measures for Thailand, a decision will be reached
in respect of
the maintainance, repeal or,
as to whether
Thailand,
existing anti-dumping
amendment of
the
measures would not be against the Community interest. For
this reason the Community industry, importers, their represen-
representative users and representative
tative associations,
consumer organisations, provided that they prove that there
is an objective link between their activity and the product
concerned, may, within the general time limits set in point
6(a)(ii) of this notice, make themselves known and provide
It should be noted that
the Commission with information.
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 who did not cooperate in the inves-
tigation leading to the measures subject to the present
review should request
soon as
possible, but not later than 15 days after the publication
of
the European
Communities.

this notice in the Official

a questionnaire

Journal of

as

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

tionnaire replies and any other information

known by

interested parties,

All
if their representations are to be
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

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) of
this notice.

(iii) Hearings

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

3.4.2001

EN

Official Journal of the European Communities

C 103/7

(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 Thailand which, as mentioned in point
is envisaged as a market-economy
5.1(c) of
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
this notice in the Official
publication of
the
European Communities.

Journal of

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

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:

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.

Notification of joint ventures

(Case COMP/38.089 (cid:151) TF6 and SØrie Club)

(2001/C 103/04)

(Text with EEA relevance)

1.
On 19 February 2001 the Commission received notification pursuant to Article 4 of Council Regu-
lation No 17 of agreements between TØlØvision fran(cid:231)aise 1 and MØtropole TØlØvision on the setting-up of
two joint ventures. The joint ventures will be responsible for the joint production of two special interest
channels, TF6 and SØrie Club.

On preliminary examination, the Commission finds that the notified agreements could fall within the

2.
scope of Regulation No 17.

The Commission invites interested third parties to submit any observations they might wish to make

3.
on the proposed operation.

Observations must reach the Commission not later than 10 days following the date of this publi-
4.
cation. They can be sent by fax (No (32-2) 296 98 04) or by post, under reference COMP/38.089, to:

European Commission,
Directorate-General for Competition,
Directorate C,
Media and Music Publishing Unit,
Rue de la Loi/Wetstraat 200,
B-1049 Brussels.