Notice of initiation of an expiry review of the antidumping measures applicable to imports of powdered activated carbon originating in the People's Republic of China
Date: 2001-06-06
Institutions: European Commission
Subjects: China, anti-dumping duty, coal, dumping, import, originating product

6.6.2001

EN

Official Journal of the European Communities

C 163/7

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
powdered activated carbon originating in the People’s Republic of China

(2001/C 163/04)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of powdered
activated carbon originating in the People’s Republic of China,
((cid:145)country concerned(cid:146)), the Commission has received a request
for 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)).

1. Request for review

The request was lodged on 5 March 2001 by the European
Chemical Industry Council (CEFIC) ((cid:145)the applicant(cid:146)) on behalf of
producers representing a major proportion, in this case more
than 80 %, of the total Community production of powdered
activated carbon.

2. Product

The product under review is powdered activated carbon (PAC)
originating in the People’s Republic of China ((cid:145)the product
concerned(cid:146)). PAC is obtained from a variety of raw materials
such as coal, peat, lignite, wood, olive stones or coconut shells
which are activated by means of a steam or chemical process. It
is used for water purification purposes, for treatment of waste
water and also by the food, chemical and pharmaceutical
industries for the absorption of colours and impurities. It is
currently classifiable within CN code ex 3802 10 00. This CN
code is given only for information.

3. Existing measures

The measures currently in force on the product concerned is
an anti-dumping duty in the form of a fixed amount, imposed
by Council Regulation (EC) No 1006/96 (4).

4. Grounds for the review

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
from the People’s
Republic of China to the Community have continued to be
made at substantial dumping margins.

the exports

that

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)(d)
of this notice. The allegation of continuation of dumping is
based on a comparison of normal value, as set out in the
the product
preceding sentence, with the export price of

(1) OJ C 349, 6.12.2000, p. 5.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 134, 5.6 1996, p. 20.

concerned to the Community. On this basis,
margin calculated is significant.

the dumping

It is also alleged that the exports to other third countries, i.e.
the USA, are made at very low and dumped prices.

lapse,

import

level of

the current

The applicant further alleges the likelihood of further dumping.
In this respect the applicant presents evidence that, should
measures
the product
concerned is likely to increase due to the existence of unused
capacity in the country concerned,
the limited forecasted
capacity to absorb the exports by the country concerned in
traditional markets other than the EU and the well established
distribution channels of the exports to the Community. All this
can lead to a redirection of exports from other third countries
to the Community.

the applicant alleges

Concerning injury aspects,
the
removal of injury is mainly due to the existence of measures
and that any recurrence of substantial
imports at injurious
dumped prices from the country concerned would likely lead
to a recurrence of injury of the Community industry in the
form of loss of market share, pressure on prices and drop in
profitability, should measures be allowed to lapse.

that

5. Procedure

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.

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, lead to a continuation
or recurrence of dumping and injury.

(a) Sampling

In view of the apparent large number of exporters, the
Commission may apply sampling in accordance with
Article 17 of the Basic Regulation.

(i) Sampling for exporters/producers

In order to enable the Commission to decide whether
sampling is necessary and if so, to select a sample, all
exporters/producers, 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) of this notice:

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EN

Official Journal of the European Communities

6.6.2001

(cid:151) the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 June 2000 to
31 May 2001,

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

the production of the product concerned,

to the Community industry and to any association of
producers in the Community, to the sampled exporters/
to any
producers
in the People’s Republic of China,
association of exporters/producers,
to
importers named in the request or
any association of
which cooperated in the investigation leading to the
measures subject to the present review, and to the auth-
orities of the exporting country concerned.

to the importers,

(cid:151) the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

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 ques-
tionnaire within the time limit set in point 6(a)(i), given
in points 6(a)(ii) and 6(b)
that
respectively of this notice apply to all interested parties.

the time limits

set

(c) Collection of information and holding of hearings

(cid:151) an

the

indication

of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the auth-
the Commission will,
in addition, contact
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) Final selection of the sample

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

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

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)
and cooperate within the framework of the verification
visit.

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation.

forthcoming,

(b) Questionnaires

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

(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).

submit
to
and

information other

All interested parties are hereby invited to make their views
than questionnaire
known,
This
provide
replies
information and supporting evidence must
reach the
Commission within the time limit set in point 6(a)(ii) of
this notice.

supporting

evidence.

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) of
this notice.

(d) Selection of the market economy country

In the previous investigations the USA 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
USA 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(c) of this notice.

5.2. Procedure for the assessment of Community interest

industry,

importers,

In accordance with Article 21 of the Basic Regulation and in
the event that the likelihood of a continuation 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
representative
the Community
associations, representative users and representative consumer
organisations, provided that
there is an
objective
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 and
provide the Commission with information and request a
hearing. It should be noted that any information submitted
pursuant
if
supported by factual evidence at the time of submission.

to Article 21 will only be taken into account

link between their

they prove that

activity

their

6.6.2001

EN

Official Journal of the European Communities

C 163/9

6. Time limits

(a) General time limits

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.

(i) For parties to request a questionnaire

(c) Specific time limits for

the selection of

the market economy

country

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
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.

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
point 6(b) 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 limits in respect of sampling

All
information relevant for the selection of the sample
should reach the Commission within 15 days of the date
of publication of this notice in the Official Journal of 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 sample within a period of 21 days of the publication
of
the European
Communities.

this notice in the Official

Journal of

Parties to the investigation may wish to comment on the
appropriateness of the USA which, as mentioned in point
5(1)(d) of this notice,
is envisaged as a market-economy
country for the purpose of establishing normal value in
respect of
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.

the

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.