Notice of initiation of an anti-dumping proceeding concerning imports of rubber-grade carbon blacks originating in Egypt and Russia
Date: 2001-12-21
Institutions: European Commission
Subjects: Egypt, Russia, anti-dumping legislation, chemical product, infringement procedure (EU), natural rubber, synthetic rubber

C 367/16

EN

Official Journal of the European Communities

21.12.2001

Notice of initiation of an anti-dumping proceeding concerning imports of rubber-grade carbon
blacks originating in Egypt and Russia

(2001/C 367/04)

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 rubber grade carbon blacks, originating
in Egypt and Russia ((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 12 November 2001 by CEFIC
(European Chemical Industry Council)
((cid:145)the complainant(cid:146)) on
behalf of producers representing a major proportion, in this
case more than 75 %, of the total Community production of
rubber-grade carbon blacks.

2. Product

The product allegedly being dumped is rubber-grade carbon
blacks, a carbon-based chemical used as a functional filler in
rubber products due to its reinforcing properties, originating in
Egypt and Russia ((cid:145)the product concerned(cid:146)), currently clas-
sifiable within CN codes ex 2803 00 10 and ex 2803 00 80.
These CN codes are only given for information.

3. Allegation of dumping

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

In view of provisions of Article 2(7) of the Basic Regulation,
the complainant established normal value for Russia on the
basis of domestic prices in a 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
in the preceding sentence, with the export prices of
the
product concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Egypt and Russia 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 market share held, the quantities sold

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

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

investigation will

The
the product
concerned originating in Egypt and Russia is being dumped
and whether this dumping has caused injury.

determine whether

(a) Sampling

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

(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 6(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 October 2000 to 30 September 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 October 2000 to 30
during
September
product
of
concerned originating in Egypt and Russia,

imported

2001

the

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Official Journal of the European Communities

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(cid:151) the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

questionnaire, given that the time limit set in point 6(a)(ii)
of this notice applies to all such interested parties.

(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
replying to a questionnaire
and accepting an
on-the-spot investigation of their response.

the selection of

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

the sample of

importers,

(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.

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.

(ii) Final selection of the sample

(d) Selection of the market economy country

All
interested parties wishing to submit any relevant
the sample
information regarding the selection of
must do so within the time limit set in point 6(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.

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(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 Regulation, 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 Egypt and Russia to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the complaint, and to the authorities
of the exporting countries concerned.

In any event, all 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

(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).

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Hungary as an appropriate market
economy country for the purpose of establishing normal
value in respect of Russia.
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

that
i.e.

evidence

For those exporters/producers in Russia who claim and
they operate under
provide
sufficient
market economy conditions,
the
they meet
that
criteria laid down in Article 2(7)(c) of the Basic Regulation,
normal value will be determined in accordance with Article
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 Russia and to any association of exporters/
producers named in the complaint, as well as to the
authorities of Russia.

5.2. Procedure for assessment of Community interest

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) 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

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Official Journal of the European Communities

21.12.2001

6. Time limits

(a) General time limits

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

forms

All interested parties should request a questionnaire or
other claim forms 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

contacting

themselves

All interested parties, if their representations are to be
taken into account during the investigation, must
known
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 Regulation 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 6(b)(ii) of this notice.

(iii) Hearings

is envisaged as a market economy
5(1)(d) of this notice,
country for the purpose of establishing normal value in
respect of Russia. These
reach the
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Communities.

comments must

(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 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
Directorates B and C
TERV (cid:151) 0/13
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

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

8. Non-cooperation

(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.

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

Parties to the investigation may wish to comment on the
appropriateness of Hungary which, as mentioned in point

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.

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