Notice of initiation of an anti-dumping proceeding concerning 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 at than hot-rolled, originating in Egypt, Hungary, Iran, Libya, Slovakia and Turkey
Date: 2001-12-20
Institutions: European Commission
Subjects: anti-dumping legislation, import, infringement procedure (EU), plate, steel, third country

20.12.2001

EN

Official Journal of the European Communities

C 364/5

Notice of initiation of an anti-dumping proceeding concerning 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 at than hot-rolled, originating in Egypt, Hungary, Iran, Libya, Slovakia
and Turkey

(2001/C 364/04)

The Commission has received a complaint pursuant to Article
5 of Commission Decision No 2277/96/ECSC (1), as
last
amended by Decision No 435/2001/ECSC (2)
((cid:145)the Basic
Decision(cid:146)), alleging that imports of certain flat-rolled products
of iron or non-alloy steel, of a width of 600 mm or more, not
in coils, not further worked at than
clad, plated or coated,
in Egypt, Hungary,
hot-rolled, originating
Libya,
are being
((cid:145)countries
and Turkey
Slovakia
dumped and are thereby causing material
injury to the
Community industry.

concerned(cid:146)),

Iran,

1. Complaint

Iron and Steel

The complaint was lodged on 12 November 2001 by Eurofer
(European Confederation of
((cid:145)the
complainant(cid:146)) on behalf of producers representing a major
proportion,
the total
in this case more than 50 %, of
Community production of certain flat-rolled products of iron
or non-alloy steel, of a width of 600 mm or more, not clad,
than
plated or coated,
hot-rolled.

further worked at

in coils, not

Industries)

2. Product

The product allegedly being dumped is certain flat-rolled
products of iron or non-alloy steel, of a width of 600 mm
or more, not clad, plated or coated,
further
worked than hot-rolled ((cid:145)the product concerned(cid:146)), originating
in Egypt, Hungary, Iran, Libya, Slovakia and Turkey currently
7208 25 00,
classifiable within CN codes
7208 37 10,
7208 26 00,
7208 37 90,
and
7208 39 90. These CN codes are only given for information.

in coils, not

7208 38 90,

7208 36 00,

7208 27 00,

7208 38 10,

7208 10 00,

7208 39 10

3. Allegation of dumping

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Egypt, Hungary, Iran, Libya, Slovakia
and Turkey 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 quantities sold and the level of prices
charged by the Community industry, resulting in substantial
adverse effects on the overall performance,
the financial
situation and the employment situation of
the Community
industry.

5. Investigation period

the

that

The investigation period for dumping covers the period from 1
January 2001 to 31 December 2001. Article 6(1) of the Basic
investigation period should
Decision stipulates
normally end immediately prior
the
to the initiation of
proceeding. However, given the particular circumstances of
this case, the Commission considered that it was more appro-
priate to select an investigation period coinciding with the
calendar year 2001. According to the information available
to the Commission,
the calendar year corresponds to the
fiscal year of most Community producers, which facilitates
the collection of data and subsequent verifications. Moreover,
orders in the Community industry of this sector are normally
on a quarterly basis and price fluctuations can be quite
significant. For these reasons, and furthermore taking into
account that the present investigation is initiated almost at
the end of the year 2001, it was considered that the use of
data of
than the 12 months
immediately prior
to the initiation would lead to more
representative and adequate results.

the calendar year,

rather

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

6. Procedure

The allegation of dumping for Egypt, Hungary, Iran, Libya and
Slovakia is based on a comparison of a constructed normal
value with the export prices of the product concerned to the
Community.

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

(1) OJ L 308, 29.11.1996, p. 11.
(2) OJ L 63, 3.3.2001, p. 14.

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
Decision.

6.1. Procedure for the determination of dumping and injury

The
investigation will
concerned originating
Slovakia and Turkey is being dumped and whether
dumping has caused injury.

determine whether
in Egypt, Hungary,

the product
Libya,
Iran,
this

C 364/6

EN

Official Journal of the European Communities

20.12.2001

(a) Sampling

(ii) Final selection of the sample

In view of the apparent large number of importers involved
in this proceeding, the Commission may decide to apply
sampling in accordance with Article 17 of
the Basic
Decision.

(i) 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 7(b)(i) of this notice:

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

and/or telex numbers and contact person,

(cid:151) the total turnover in euro of the company during
the period 1 January 2001 to 31 December 2001,

(cid:151) the total number of employees,

All interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in point 7(b)(i) of this
notice.

sample

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

after having

consulted

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

set

sufficient co-operation is not

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

forthcoming,

findings,

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

(b) Questionnaires

the product concerned,

(cid:151) the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 1 January 2001 to 31 December
the imported product concerned orig-
2001 of
inating in Egypt, Hungary,
Iran, Libya, Slovakia
and Turkey,

(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

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

the sample of

importers,

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 exporters/producers
Iran, Libya, Slovakia and Turkey to
in Egypt, Hungary,
to the sampled
any association of exporters/producers,
importers, to any association of importers named in the
complaint,
exporting
countries concerned.

authorities of

and to the

the

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 7(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 7(a)(ii)
of this notice applies to all such interested parties.

(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 7(a)(ii) of this notice.

(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).

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 7(a)(iii) of
this notice.

20.12.2001

EN

Official Journal of the European Communities

C 364/7

6.2. Procedure for assessment of Community interest

(b) Specific time limit in respect of sampling

this

that

their

industry,

the Community interest. For

In accordance with Article 21 of the Basic Decision and in the
event
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
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
objective
and the product
concerned, may, within the general time limits set in point
7(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 7(a)(iii) of this notice. 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

7. Time limits

(a) General time limits

(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 21
days of the publication of this notice in the Official
Journal of the European Communities.

to consult parties

(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.

8. 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.

(i) For parties to request a questionnaire

Commission address for correspondence:

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

questionnaire replies and any other information

by

known

contacting

themselves

All interested parties, if their representations are to be
taken into account during the investigation, must
make
the
Commission, present their views and submit ques-
tionnaire replies or any other information within 40
days of the date of publication of this notice in the
the European Communities, unless
Official
otherwise specified. Attention is drawn to the fact
that the exercise of most procedural rights set out
in the Basic Decision depends on the party’s making
itself known within the aforementioned period.

Journal of

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 7(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.

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.

9. 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 Decision, 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.

10. Schedule of the investigation

The investigation will be concluded, according to Article 6(9)
of the Basic Decision within 15 months of the date of the
publication of
this notice in the Official
the
European Communities. According to Article 7(1) of the Basic
Decision, 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