Notice of initiation of an anti-dumping proceeding concerning imports of certain tube and pipe-fittings, of iron or steel originating in the Czech Republic, Malaysia, Russia, the Republic of Korea and Slovakia
Date: 2001-06-01
Institutions: European Commission
Subjects: anti-dumping legislation, complaint to the Commission, import, originating product, piping, third country

C 159/4

EN

Official Journal of the European Communities

1.6.2001

Non-opposition to a notified concentration

(Case COMP/M.2358 (cid:151) Flextronics/Ericsson)

(2001/C 159/05)

(Text with EEA relevance)

On 6 April 2001 the Commission decided not to oppose the above notified concentration and to declare it
compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EEC)
No 4064/89. The full text of the decision is only available in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 301M2358. CELEX

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Notice of initiation of an anti-dumping proceeding concerning imports of certain tube and pipe-
fittings, of iron or steel originating in the Czech Republic, Malaysia, Russia, the Republic of Korea
and Slovakia

(2001/C 159/06)

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 certain tube and pipe-fittings,
of iron or steel, originating in the Czech Republic, Malaysia,
Russia,
((cid:145)countries
concerned(cid:146)), are being dumped and are thereby causing
material injury to the Community industry.

the Republic of Korea

and Slovakia

2. Product

The product allegedly being dumped is certain tube and 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 Czech
Republic, Malaysia, Russia,
and
Slovakia ((cid:145)the product concerned(cid:146)), which is currently clas-
sifiable within CN codes
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 are only given for
information.

the Republic of Korea

ex 7307 93 11

(Taric

1. Complaint

The complaint was lodged on 17 April 2001 by the Defence
Committee of EU steel butt-welding fittings industry ((cid:145)the
complainant(cid:146)) on behalf of producers representing a major
proportion,
the total
in this case more than 70 %, of
Community production of certain tube and pipe fittings, of
iron or steel.

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

3. Allegation of dumping

The allegation of dumping in respect of the Czech Republic
and Slovakia is based on a comparison of normal value estab-
lished on the basis of domestic prices, with the export prices of
the product concerned to the Community.

1.6.2001

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Official Journal of the European Communities

C 159/5

The allegation of dumping in respect of the Republic of Korea
is based on a comparison of both normal value established on
the basis of domestic prices and constructed normal value,
with the export prices of
the product concerned to the
Community.

The allegation of dumping for Malaysia is based on a
comparison of the constructed normal value with the export
price of the product concerned to the Community.

the fact

In view of
that normal value for Russia, will be
determined on the basis of the rules set out in Article 2(7)
of the Basic Regulation, the complainant has proposed that
normal value be established on the basis of the price in a
market economy country (see point 5.1(c) of this notice). The
allegation of dumping is based on a comparison of normal
value, as
the
product concerned when sold for export to the Community.

set out above, with the export prices of

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
concerned from the Czech Republic, Malaysia,
product
Russia,
the Republic of Korea and Slovakia have increased
overall in absolute terms and in terms of market share.

It is alleged that the volumes and 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,
effects on the overall
resulting
adverse
performance,
situation and the employment
situation of the Community industry.

in substantial

the financial

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
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

to the Community industry and to any association of
producers in the Community, to the exporters/producers
in the Czech Republic, Malaysia, Russia, the Republic of
to any association of exporters/
Korea and Slovakia,
to any association of
producers,
importers named in the complaint, and to the authorities
of the exporting countries concerned.

importers,

to the

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 6(a)(i) of this notice, in order to find out whether
they are listed in the complaint and, if necessary, request a
questionnaire, given that the time limit set in point 6(a)(ii)
of this notice applies to all such 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.

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 point 6(a)(iii).

(c) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose the Czech Republic or Slovakia as an
appropriate market economy country for the purpose of
establishing normal value in respect of Russia. 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.

5.1. Procedure for the determination of dumping and injury

(d) Market economy status

investigation will

the product
The
concerned originating in the Czech Republic, Malaysia,
Russia, the Republic of Korea and Slovakia is being dumped
and whether this dumping has caused injury.

determine whether

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires

For those exporters/producers in Russia which claim and
provide sufficient evidence that they operate under market
economy conditions,
i.e. that they meet the criteria laid
down in Article 2(7)(c) of the Basic Regulation, normal
value will be determined in accordance with Article
the Basic Regulation. Exporters/producers
2(7)(b) of
intending to submit duly substantiated claims must do so
within the specific time limit set in point 6(c) of this notice.
The Commission will send claim forms to all exporters/
producers in Russia who have requested an individual
margin as well as to the authorities of Russia.

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Official Journal of the European Communities

1.6.2001

5.2. Procedure for assessment of Community interest

representative

In accordance with Article 21 of the Basic Regulation and in
the event that dumping and injury caused thereby is found, a
decision will be reached as to whether the adoption of anti-
the Community
dumping measures would not be against
interest. For this reason the Community industry,
importers,
representative users and
their
associations,
representative 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 points 6(a)(ii) and 6(a)(iii) of this notice, make
themselves known provide the Commission with information
should be noted that any
and request
It
to Article 21 will only be
information submitted pursuant
taken into account if supported by factual evidence at the
time of submission.

for a hearing.

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 15 days after the
publication of this notice in the Official Journal of the
European Communities.

(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.

cation of this notice in the Official Journal of the European
Communities.

(c) Specific time limit for submission of claims for market economy

status

Duly substantiated claims for market economy status, as
mentioned in point 5.1(d) of this notice, must reach the
Commission within 21 days of the date of publication of
this notice
the European
Communities.

in the Official

Journal

of

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.

(b) Specific time limit

for

the selection on the market economy

country

9. Schedule of the investigation

Parties to the investigation may wish to comment on the
appropriateness of Czech Republic or Slovakia which, as
mentioned in point 5.1(c) of this notice, is envisaged as a
market-economy country for the purpose of establishing
normal value in respect of Russia. These comments must
reach the Commission within 10 days of the date of publi-

this notice in the Official

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of date of the publi-
cation 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 publication of
this notice in the Official
Journal of the European Communities.

Journal of