Commission Decision No 1699/2001/ECSC of 28 August 2001 initiating a "new exporter" review of Decision No 283/2000/ECSC imposing a definitive anti-dumping duty on imports of certain flat rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled, originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2001-08-28
Institutions: European Commission
Subjects: India, anti-dumping duty, flat product, import, iron and steel product, originating product

29.8.2001

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Official Journal of the European Communities

L 231/3

COMMISSION DECISION No 1699/2001/ECSC

of 28 August 2001

initiating a ‘new exporter’ review of Decision No 283/2000/ECSC imposing a definitive anti-
dumping duty on imports of certain flat rolled products of iron or non-alloy steel, of a width of
600 mm or more, not clad, plated or coated,
in coils, not further worked than hot-rolled,
originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this
country and making these imports subject to registration

(4)

(5)

(6)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and
Steel Community,

Having regard to Commission Decision No 2277/96/ECSC of
28 November 1996 on protection against dumped imports
from countries not members of the European Coal and Steel
Community (1)
last amended by
Commission Decision No 435/2001/ECSC (2), and in particular
Article 11(4) thereof,

(‘the Basic Decision’), as

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. Request for a review

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the Basic
Decision. The application was lodged by Jindal Vijaya-
nagar Steel Ltd (‘the applicant’), an exporting producer in
India (‘the country concerned’).

B. Product

The product under investigation is certain flat rolled
iron or non-alloy steel, of a width of
products of
600 mm or more, not clad, plated or coated, in coils,
not further worked than hot-rolled (‘hot-rolled coils’)
originating in India (‘the product concerned’).
is
currently classifiable within CN codes 7208 10 00,
7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00,
7208 37 10, 7208 37 90, 7208 38 10, 7208 38 90,
7208 39 10 and 7208 39 90. These CN codes are only
given for information.

It

C. Existing measures

The measures currently in force are a definitive anti-
dumping duty imposed by Commission Decision No
283/2000/ECSC (3), as last amended by Decision No
1357/2001/ECSC (4), under which imports
into the
Community of the product concerned and produced by
the applicant are subject to a definitive anti-dumping
duty of 9 %, with the exception of imports from several

(1) OJ L 308, 29.11.1996, p. 11.
(2) OJ L 63, 3.3.2001, p. 14.
(3) OJ L 31, 5.2.2000, p. 15.
(4) OJ L 182, 5.7.2001, p. 27.

companies specifically mentioned, which are subject to
individual duty rates.

D. Grounds for the review

The applicant alleges that it did not export the product
concerned to the Community during the period of
investigation on which the anti-dumping measures were
based,
the period from 1 January 1998 to 31
December 1998 (‘the original

investigation period’).

i.e.

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period, and that it is not
related to any of the exporting producers of the product
concerned which are subject
to the abovementioned
anti-dumping measures.

E. Procedure

Community producers known to be concerned have
been informed of the above application and have been
given an opportunity to comment. No comments have
been received.

Having examined the evidence available, the Commis-
sion concludes that there is sufficient evidence to justify
the initiation of a review pursuant to Article 11(4) of the
Basic Decision with a view to determining the appli-
cant's individual margin of dumping and, should the
dumping be found,
the level of duty to which its
imports of the product concerned into the Community
should be subject.

(a) Questionnaires

In order to obtain the information it deems neces-
sary for its investigation the Commission will send a
questionnaire to the applicant;

(b) Collection of information and hearings

interested parties are hereby invited to make
All
their views known in writing and to provide
supporting evidence. Furthermore, the Commission
may hear interested parties, provided that they make
a request in writing and show that there are partic-
ular reasons why they should be heard.

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Official Journal of the European Communities

29.8.2001

F. Repeal of the duty in force and registration of

imports

to the Community by Jindal Vijayanagar Steel Ltd (TARIC
additional code A270), India, should be subject to the anti-
dumping duty imposed by Decision No 283/2000/ECSC.

(7)

Pursuant to Article 11(4) of the Basic Decision, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
made subject to registration in accordance with Article
14(5) of that Decision, in order to ensure that, should
the review result in a finding of dumping in respect of
the applicant, anti-dumping duties can be levied retroac-
tively from the date of the initiation of this review. The
amount of
the applicant's possible future liabilities
cannot be estimated at this stage of the proceeding.

G. Time limits

(8)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in
recital 6(a) of this Decision or any other information
to be taken into account during the investigation,

— interested parties may make a written request to be

heard by the Commission.

H. Non-cooperation

(9)

In cases in which any interested party refuses access to,
or otherwise does not provide, necessary information
within the relevant time limits, or significantly impedes
the investigation, findings, affirmative or negative, may
be made in accordance with Article 18 of the Basic
Decision, on the basis of the facts available.

(10) 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,

Article 2

The anti-dumping duty imposed by Decision No 283/2000/
ECSC is hereby repealed with regard to imports of the product
identified in Article 1 of this Decision.

Article 3

The customs authorities are hereby directed, pursuant
to
Article 14(5) of Decision No 2277/96/ECSC, to take the appro-
priate steps to register the imports identified in Article 1 of this
Decision. Registration shall expire nine months following the
date of entry into force of this Decision.

Article 4

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 in
writing and submit the replies to the questionnaire mentioned
in recital 6(a) of this Decision or any other information, unless
otherwise specified, within 40 days from the date of entry into
force of this Decision. Interested parties may also apply in
writing to be heard by the Commission within the same 40-day
time limit. This time limit applies to all
interested parties,
including parties not named in the application, and it is conse-
quently in the interest of these parties to contact the Commis-
sion without delay.

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.

Any information relating to the matter and any request for a
hearing should be sent to the following address:

HAS ADOPTED THIS DECISION:

Article 1

European Commission
Trade Directorate-General
TERV-0/13
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

A review of Decision No 283/2000/ECSC is hereby initiated
pursuant to Article 11(4) of Decision No 2277/96/ECSC, in
order to determine if, and to what extent, imports of hot-rolled
falling within CN codes 7208 10 00, 7208 25 00,
coils
7208 26 00,
7208 37 10,
7208 37 90, 7208 38 10, 7208 38 90, 7208 39 10 and
7208 39 90, originating in India, produced and sold for export

7208 36 00,

7208 27 00,

Article 5

This Decision shall enter into force on the day following its
publication in the Official Journal of the European Communities.

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This Decision shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 August 2001.

For the Commission

Pascal LAMY

Member of the Commission