Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of coumarin originating in The People's Republic of China
Date: 2001-04-04
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, chemical compound, dumping, originating product

4.4.2001

EN

Official Journal of the European Communities

C 104/5

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
coumarin originating in The People’s Republic of China

(2001/C 104/03)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of coumarin
originating in The People’s Republic of China ((cid:145)country
for
concerned(cid:146)),
review pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 (2), as last amended by Council Regulation (EC)
No 2238/2000 (3) ((cid:145)the Basic Regulation(cid:146)).

the Commission has

received a request

1. Request for review

The request was lodged on 4 January 2001 by the European
Chemical Industry Council (CEFIC) ((cid:145)the applicant(cid:146)) on behalf of
the sole producer in the Community representing the totality
of the Community production of coumarin.

2. Product

The product under review is coumarin originating in The
People’s Republic
concerned(cid:146)),
currently classifiable within CN code ex 2932 21 00 (Taric
code 2932 21 00 10). This CN code is given for information
only.

of China

product

((cid:145)the

With regard to the recurrence of dumping it is also alleged that
the exports to other third countries, i.e. the United States of
America (where anti-dumping measures are in force) and India,
are made at dumped prices.

further alleges

The applicant
injurious
dumping. In this respect the applicant presents evidence that,
should measures lapse, the current import level of the product
concerned is likely to increase due to the existence of unused
capacity in the country concerned.

the likelihood of

imports of

is also alleged that

It
the product
the flow of
concerned is likely to rise due to the measures in force in
traditional markets other than the EU (i.e. the United States
of America) and to the existence of well-established distribution
channels for the Chinese product in the Community. All this
can lead to a redirection of Chinese exports to the Community.

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any
recurrence of substantial imports at dumped prices from the
country concerned would likely lead to a recurrence of injury
to the Community industry.

3. Existing measures

The measures currently in force on the product concernd are a
definitive anti-dumping duty imposed by Council Regulation
(EC) No 600/96 of 25 March 1996 (4).

It is alleged that Chinese imports would in all
likelihood be
made at prices below those of the Community industry and
therefore the Community industry would suffer injury in the
form of loss of market share, pressure on prices and drop in
profitability should measures lapse.

4. Grounds for the review

5. Procedure

is based on the grounds that

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

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.

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

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 point 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
the product concerned
sentence, with the export prices of
when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

(1) OJ C 271, 22.9.2000, p. 3.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 86, 4.4.1996, p. 1.

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

to the

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 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.

exporters/producers

C 104/6

EN

Official Journal of the European Communities

4.4.2001

the Commission
In any event, all parties should contact
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.

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.

(c) Selection of the market economy country

In the previous investigations the United States of America was
used as an appropriate market economy country for
the
purpose of establishing normal value in respect of The
People’s Republic of China. The Commission envisages to use
the United States of America again for this purpose. 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.

5.2. Procedure for the assessment of Community interest

For

industry,

the Community

In accordance with Article 21 of the Basic Regulation and in
the event that 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
reason the
interest.
against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
link between their
objective
concerned, make
the
provide
and
themselves
It should be noted that any
Commission with information.
information submitted pursuant
to Article 21 will only be
taken into account if supported by factual evidence at the
time of submission.

they prove that

activity
known

their

this

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
the Commission,
themselves
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

(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

Parties to the investigation may wish to comment on the
the United States of America which, as
appropriateness of
mentioned in point 5.1(c) of this notice,
is envisaged as a
the purpose of establishing
market-economy country for
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.