Notice of initiation of an interim review of the anti-dumping measures applicable to 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 Bulgaria and South Africa
Date: 2001-12-20
Institutions: European Commission
Subjects: Bulgaria, South Africa, anti-dumping legislation, originating product, plate, steel

C 364/8

EN

Official Journal of the European Communities

20.12.2001

Notice of initiation of an interim review of the anti-dumping measures applicable to 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 Bulgaria and
South Africa

(2001/C 364/05)

of

11(3)
as

The Commission has received a request for an interim review
Commission Decision
to Article
pursuant
No 2277/96/ECSC (1),
by Decision
last
No 435/2001/ECSC (2) ((cid:145)the Basic Decision(cid:146)) of the measures
imposed 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 orig-
inating, inter alia, in Bulgaria and South Africa.

amended

1. Request for review

Iron and Steel

The request was lodged on 12 November 2001 by Eurofer
Industries)
(European Confederation of
((cid:145)the
applicant(cid:146)) on behalf of producers
representing a major
the total
in this case more than 50 %, of
proportion,
Community production 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.

2. Product

The product under review is 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
((cid:145)the product concerned(cid:146)) originating in Bulgaria and South
Africa, currently classifiable within CN codes 7208 10 00,
7208 36 00,
7208 25 00,
7208 37 10,
7208 38 90,
7208 39 10 and 7208 39 90. These CN codes are given only
for information.

7208 26 00,
7208 37 90,

7208 27 00,
7208 38 10,

3. Existing measures

The measures currently in force are a definitive anti-dumping
imposed by Commission Decision
duty and undertakings
No 283/2000/ECSC (3),
Decision
No 2009/2000/ECSC (4).

amended

by

as

4. Grounds for the review

The applicant alleges that dumping in respect of Bulgaria and
South Africa is alleged to have continued. This allegation 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 both exporting countries concerned.

(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 240, 23.9.2000, p. 12.

Furthermore, the applicant alleges that the existing measures
are no longer sufficient to counteract the injurious effects of
dumping, providing evidence that
full costs are
higher
than current resale prices of Bulgarian and South
African exports, which continue to be made in significant
quantities (the curent levels of the measure are mostly based
on injury margins).

its current

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
the
to the initiation of
normally end immediately prior
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
the calendar year corresponds to the
to the Commission,
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
to the initiation would lead to more
immediately prior
representative and adequate results.

the calendar year,

rather

6. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the Basic Decision.

6.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine the likelihood of continuation
or recurrence of dumping and injury and the need for the
continuation, removal or amendment of the existing measures.

(a) Sampling

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

20.12.2001

EN

Official Journal of the European Communities

C 364/9

(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:

must do so within the time limit set in point 7(b)(i) 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.

(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,

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

the product concerned,

(cid:151) the volume in tonnes and value in euro of imports
into and resales made in the Community market
the period 1 January 2001 to 31
during
December
product
concerned originating in Bulgaria and South Africa,

imported

2001

the

of

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

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,

(ii) Final selection of the sample

All
information regarding the selection of

interested parties wishing to submit any relevant
the sample

(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).

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

sufficient

cooperation is not

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

forthcoming,

(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 exporters/producers
in Bulgaria and South Africa to any association of
exporters/producers,
to any
association of importers named in the request or which
cooperated in the investigation leading to the measures
subject to the present review, and to the authorities of
the exporting countries concerned.

to the sampled importers,

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 questionnaire
within the time limit set in point 7(a)(i), given that the time
limit set
this notice applies to all
interested parties.

in point 7(a)(ii) of

(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 must reach the Commission within the
time limit set in point 7(a)(ii) of this notice.

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.

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EN

Official Journal of the European Communities

20.12.2001

6.2. Procedure for the assesment of Community interest

(iii) Hearings

the Community interest. For

In accordance with Article 21 of the Basic Decision and in the
event that the likelihood of a continuation of dumping and
injury is confirmed, a decision will be reached as to whether
repeal or amend the anti-dumping measures
to maintain,
would not be against
this
reason the Community industry, importers, their representative
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) For parties to request a questionnaire

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 publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(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.
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.

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(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
21 days of
this notice in the
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.

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.

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.

9. 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 Decision, on the basis of the facts
available.

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
point 7(b)(ii) of this notice.

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.