Notice concerning the initiation of a review of the anti-dumping measures applicable to imports of threaded malleable cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand
Date: 2001-12-05
Institutions: European Commission
Subjects: anti-dumping measure, cast-iron, import, originating product, piping, third country

5.12.2001

EN

Official Journal of the European Communities

C 342/5

Notice concerning the initiation of a review of the anti-dumping measures applicable to imports of
threaded malleable cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan,
the People’s Republic of China, the Republic of Korea and Thailand

(2001/C 342/03)

1. Grounds for the review

On 26 March 2001, the Commission received a request from
an exporting producer of threaded malleable fittings in the
Czech Republic, namely Moravske Zelezarny AS, to amend
the definitive anti-dumping duty imposed on it by Council
Regulation (EC) No 1784/2000 of 11 August 2000 (1).

currently classifiable within CN code ex 7307 19 10 (TARIC
code 7307 19 10 10). This CN code
is only given for
information.

4. Existing measures

Reference is made to the fact that the Dispute Settlement Body
of the World Trade Organisation (WTO) adopted an Appellate
Body report and a panel report as modified by the Appellate
in the case (cid:145)European Communities (cid:151) Anti-
Body report
dumping measures on imports of cotton-type bed-linen from
India(cid:146) (2) ((cid:145)Reports(cid:146)) and in particular to the legal interpretation
afforded in those Reports to Articles 2(2)(2)(ii) and 2(4)(2) of
the WTO Anti-dumping Agreement.
the
exporting producer requested a review on the basis that its
individual anti-dumping duty rate is based on methodologies
which are not in line with the conclusions contained in the
aforementioned reports.

In this

regard,

the Commission,

the above request,

In the light of
in
accordance with Article 2 of Council Regulation (EC) No
1515/2001 of 23 July 2001 (3) considered it appropriate to
conduct a review concerning the definitive anti-dumping
measures imposed on imports of threaded malleable cast iron
tube or pipe fittings originating in Brazil, the Czech Republic,
Japan, the People’s Republic of China, the Republic of Korea
and Thailand ((cid:145)the countries concerned(cid:146)).

2. Scope of the review

The review is limited in scope to the examination of dumping
by those exporting producers in the countries concerned
whose duty rates are based on a dumping methodology at
issue in the reports and which submit a full questionnaire
reply within the time limits set out in points 6(a)(i) and (ii)
of the present notice. Parties subject to a residual duty may
equally be covered by the scope of this review in so far as it is
necessary to revise the residual duty rate to take account of
individual dumping findings. The investigation shall cover the
period from 1 January 2001 to 30 September 2001.

3. Product

The product under review is threaded malleable cast-iron tube
or pipe fittings originating in Brazil, the Czech Republic, Japan,
the People’s Republic of China, the Republic of Korea and
(cid:145)the product concerned(cid:146)),
Thailand ((cid:145)malleable fittings(cid:146) or

(1) OJ L 208, 18.8.2000, p. 8.
(2) WT/DS141/AB/R, 1 March 2001.
(3) OJ L 201, 26.7.2001, p. 10.

imposed

definitive

anti-dumping measures

By Regulation (EC) No 1784/2000 of 11 August 2000, the
on
Council
imports of threaded malleable cast-iron tube or pipe fittings
originating in Brazil, the Czech Republic, Japan, the People’s
Republic of China, the Republic of Korea and Thailand. The
measures were taken in accordance with Council Regulation
(EC) No 384/96 of 22 December 1995 on protection against
dumped imports from countries not members of the European
Community (4) ((cid:145)the Basic Regulation(cid:146)).

5. Procedure

The Commission,
consulted the Advisory
Committee, hereby initiates a partial review in accordance
with Article 2(3) of Regulation (EC) No 1515/2001.

after having

The investigation will determine whether and to what extent it
is appropriate to amend the level of anti-dumping duty
applicable to those measures which are covered by the scope
of the review according to point 2 of this notice.

(a) Questionnaires

In order to facilitate cooperation of parties (if they wish to
avail themselves of this opportunity), the Commission will
send questionnaires to all known exporting producers in
Brazil, the Czech Republic, Japan, the People’s Republic of
China, the Republic of Korea and Thailand and to any
association of exporting producers which participated in
the investigation leading to the existing measures, and to
the authorities of the exporting countries concerned.

In any event, all interested parties who wish to cooperate in
this investigation should contact the Commission forthwith
by fax and if necessary request a questionnaire within the
time limit set in point 6(a)(i), given that the time limits set
in point 6(a)(ii) of this notice apply 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 must reach the Commission within the
time limit set in point 6(a)(ii) of this notice.

(4) OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation

(EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

C 342/6

EN

Official Journal of the European Communities

5.12.2001

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.

(c) Selection of the market economy country

In the previous investigation Thailand was used as an
appropriate market economy country for the purpose of
the People’s
establishing normal value in respect of
Republic of China. The Commission envisages
to use
Thailand 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(b) of
this notice.

(d) Market economy status

For those exporter/producers in the People’s Republic of
China 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 2(7)(b) of
the basic Regulation.
Exporters/producers 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 known exporters/producers in the People’s Republic
of China and all known associations of exporters/producers,
as well as to the authorities of the People’s Republic of
China.

interested parties should contact

the
In any event, all
Commission forthwith and if necessary request a claim
form within the time limit set in point 6(a)(i), given that
the time limits set in points 6(c) of this notice apply to all
interested parties
intending to claim market economy
status.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire or claim form

All interested parties should request a questionnaire or
claim form 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
specified.
European Communities, unless otherwise

Attention is drawn to the fact that the exercise of most
procedural rights in this proceeding depends on the
party’s making itself known within the aforementioned
period.

(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 for

the selection of

the market economy

country

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Thailand which, as mentioned in point
is envisaged as a market economy
5(c) of
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

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

status

Duly substantiated claims for market economy status, as
mentioned in point 5(d) of this notice, must reach the
Commission within 21 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
Directorate 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.