Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes and pipes, of iron or non-alloy steel originating in the Czech Republic, Poland, Thailand, Turkey and Ukraine
Date: 2001-06-29
Institutions: European Commission
Subjects: anti-dumping legislation, import, originating product, piping, third country, tube

29.6.2001

EN

Official Journal of the European Communities

C 183/3

Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes
and pipes, of iron or non-alloy steel originating in the Czech Republic, Poland, Thailand, Turkey
and Ukraine

(2001/C 183/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2)
((cid:145)the Basic Regulation(cid:146)),
alleging that imports of certain welded tubes and pipes, of
iron or non-alloy steel, originating in the Czech Republic,
Poland, Thailand, Turkey and Ukraine ((cid:145)countries concerned(cid:146)),
are being dumped and are thereby causing material injury to
the Community industry.

1. Complaint

The complaint was lodged on 17 May 2001 by the Defence
Committee of the Welded Steel Tube Industry of the European
Union ((cid:145)the complainant(cid:146)) on behalf of producers representing a
major proportion,
in this case more than 80 % of the total
Community production of certain welded tubes and pipes, of
iron or non-alloy steel.

2. Product

The product allegedly being dumped is welded tubes and pipes,
of iron or non-alloy steel, of circular cross-section, threaded or
threadable (gas pipes) and certain other welded tubes and
pipes, of iron or non-alloy steel, of circular cross-section, of
an external diameter not exceeding 168,3 mm originating in
the Czech Republic, Poland, Thailand, Turkey and Ukraine ((cid:145)the
product concerned(cid:146)), currently classifiable within CN codes
7306 30 51, 7306 30 59, ex 7306 30 71 and ex 7306 30 78.
These CN codes are only given for information.

3. Allegation of dumping

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

In view of the provisions of Article 2(7) of the Basic Regu-
lation, the applicant established normal value for Ukraine 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 dumping is based on a comparison of
normal value, as set out above, with the export prices of the
product concerned when sold for export to the Community.

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
Poland,
product
Thailand, Turkey and Ukraine have increased overall
in
absolute terms and in terms of market share.

from the Czech Republic,

concerned

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 and the financial situation of
the Community
industry.

in substantial

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.

5.1. Procedure for the determination of dumping and injury

the product
investigation will
The
concerned originating
Poland,
Thailand, Turkey and Ukraine is being dumped and whether
this dumping has caused injury.

determine whether
in the Czech Republic,

(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 the Czech

Republic, Poland, Thailand, Turkey and Ukraine

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 by contacting the Commission and providing
the
company or
companies within the time limit set in point 6(b)(i)
of this notice:

following information on their

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

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

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Official Journal of the European Communities

29.6.2001

(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 July 2000 to
30 June 2001,

(cid:151) if

the company intends to claim an individual
margin (individual margins can only be claimed
by producers): for companies claiming an individual
margin, the turnover in local currency and the sales
volume in tonnes for the product concerned on the
domestic market during the period 1 July 2000 to
30 June 2001,

(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

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,

(cid:151) an 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

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
in addition, contact the auth-
the Commission will,
orities of
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,

(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).

(cid:151) the total turnover in euro of the company during

the period 1 July 2000 to 30 June 2001,

(cid:151) the total number of employees,

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

the product concerned,

(cid:151) the volume in kg and value in euro of imports into
and resales made in the Community market during
the period 1 July 2000 to 30 June 2001, of the
imported product concerned originating in the
Czech Republic, Poland, Thailand, Turkey and
Ukraine,

(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

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

investigation of

the

the selection of

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

the sample of

importers,

(iii) Final selection of the sample

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

samples

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

after having

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

set

sufficient

cooperation is not

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

forthcoming,

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Official Journal of the European Communities

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(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,
to
importers
the sampled importers,
named in the complaint, and to the authorities of
the
exporting countries concerned.

to any association of exporters/producers,

to any association of

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(d) of this notice.
The Commission will send claim forms to all exporters/
producers in Ukraine who have requested an individual
margin as well as to the authorities of Ukraine.

5.2. Procedure for assessment of Community interest

All such interested 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.

Exporters/producers claiming an individual margin, with a
view to the application of Articles 17(3) and 9(6) of the
Basic Regulation, must submit a completed questionnaire
within the time limit set in point 6(a)(ii) of this notice. They
therefore have to request a questionnaire within the time
this notice. However, such
limit set
parties should be aware that
if sampling is applied to
exporters/producers,
the Commission may nonetheless
the
decide not
number of exporters/producers is so large that individual
examination would be unduly burdensome and would
prevent the timely completion of the investigation.

to calculate an individual margin,

in point 6(a)(i) of

if

this

their

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
be against
reason the
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
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. The parties which have
acted in conformity with the precedent sentence may request
a hearing, setting the particular reasons why they should be
heard, within the time limit set in point 6(a)(iii). 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

6. Time limits

(a) General time limits

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

(i) For parties to request a questionnaire and other claim

forms

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.

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).

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Turkey as an appropriate market
economy country for the purpose of establishing normal
value in respect of Ukraine. Interested parties are hereby
invited to comment on the appropriateness of this choice
within the specific time limit set in point 6(c) of this notice.

(e) Market economy status

For those exporters/producers in Ukraine who 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

(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 limits 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.

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Official Journal of the European Communities

29.6.2001

(b) Specific time limit in respect of sampling

(i) 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
concerned that have
expressed their willingness to be included therein on
the final selection of the sample within a period of
this notice in the
21 days of
Official Journal of the European Communities.

to consult parties

the publication of

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

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.

(c) Specific time limit for the selection of the market economy country

8. Non-cooperation

Parties to the investigation may wish to comment on the
appropriateness of Turkey 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
reach the
respect of Ukraine. These comments must
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Communities.

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.

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

status

Duly substantiated claims for market economy status, as
mentioned in point 5(1)(e) of this notice, must reach the
Commission within 21 days of the date of the selection of
any sample or as determined by the Commission.

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

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