Notice of initiation of a safeguard investigation concerning imports of certain steel products
Date: 2002-03-28
Institutions: European Commission
Subjects: European Commission, economic survey, exchange of information, import, import policy, iron and steel product, market protection

28.3.2002

EN

Official Journal of the European Communities

C 77/39

Notice of initiation of a safeguard investigation concerning imports of certain steel products

(2002/C 77/09)

The Commission has been informed by certain Member States
to Article 2 of
(‘the Member States concerned’), pursuant
and (EC) No
Council Regulations
519/94 (2) respectively, that trends in imports of certain steel
products appear to call for safeguard measures.

(EC) No 3285/94 (1)

1. Information provided to the Commission

The Member States concerned have submitted the evidence
available to them in relation to the indicators specified in
Article 10 of Regulation (EC) No 3285/94 and Article 8 of
Regulation (EC) No 519/94, and asked the Commission to
open a safeguard investigation and to impose provisional
measures.

2. Product

The products in respect of which the Commission has been
informed that trends in imports appear to call for safeguard
measures are certain steel products (‘the products concerned’).
The products concerned, together with the CN codes within
which they are currently classified, are listed in Annex 1 to this
notice.

3. Increase in imports

that

total

imports of

information currently available

to the Commission
The
indicates
concerned
increased from 13 million tonnes in 1999 to 15,8 million
tonnes in 2000, and to 16,6 million tonnes in 2001, and
in
indicates
imports of each of the products concerned either in absolute
terms, or, relative to Community production or consumption.

there have been recent

sharp increases

the products

that

4. Serious injury or threat of serious injury

information currently available

The
to the Commission
includes data in relation to certain economic indicators
specified in Article 10 of Regulation (EC) No 3285/94 and
in Article 8 of Regulation (EC) No 519/94 for the main
like or
Community producers of each product which is
directly competing with one of the products concerned.
In
general, the data shows a situation of stagnant or declining
in the last 12
consumption in the Community market
months; together with growing imports at low prices, and
reduced
for
Community producers.

profitability

volumes,

prices

sales

and

under Article 4 of each of those regulations. Following that
consultation,
it is apparent to the Commission that there is
sufficient evidence to justify the initiation of an investigation
in relation to the products concerned and the Commission has
decided to open an investigation,
in cooperation with the
Member States, to determine whether the necessary conditions
exist
for the adoption of definitive safeguard measures in
relation to those products.

6. Procedure for investigation

The investigation will determine whether, in relation to each of
the products concerned, as a result of unforeseen devel-
opments, the product is being imported into the Community
in such greatly increased quantities and on such terms or
conditions as to cause, or threaten to cause, serious injury to
the Community producers of
like or directly competing
products.

7. Written submissions, questionnaire replies and corre-

spondence

All interested parties are entitled to make known their views in
writing and submit information. Any interested party wishing
to do so must submit their views and information within 21
days of the date of publication of this notice in the Official
Journal of the European Communities (unless otherwise specified),
failing which their views and information may not be taken
into account during the investigation.

In addition, the Commission will send questionnaires to the
known producers of the like or directly competing products
and to any known associations of producers,
in the
Community. The completed questionnaires must reach the
Commission within 21 days from the date on which they
are sent.

relevant

information is

All
to be communicated to the
Commission. All submissions and requests made by interested
parties must be made in writing (not in electronic format
indicate the name,
unless otherwise specified) and must
telex
address, e-mail address,
numbers of the interested party.

telephone and fax, and/or

The Commission address for correspondence is:

5. Procedure

Following the provisions of Article 6 of Regulation (EC) No
3285/94 and Article 5 of Regulation (EC) No 519/94; the
Commission has consulted the Advisory Committee established

(1) OJ L 349, 31.12.1994, p. 53.
(2) OJ L 67, 10.3.1994, p. 89.

European Commission
Directorate-General for Trade
Directorate B
TERV 0/13
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

C 77/40

EN

Official Journal of the European Communities

28.3.2002

8. Hearings

The Commission may hear interested parties. Any interested
party may apply to be heard orally by the Commission. The
Commission will grant an oral hearing to any interested party
who applies in writing within 21 days of the date of publi-
cation of this Regulation in the Official Journal of the European
Communities, showing that they are actually likely to be affected
by the outcome of the investigation and that there are special
reasons for them to be heard orally.

9. Inspection of information

Interested parties who have made known their views or
submitted information or requested to be heard in accordance
with Article 6 of Regulation (EC) No 3285/94 and Article 5 of
Regulation (EC) No 519/94, and representatives of
the
exporting countries, may, upon written request,
inspect all
information made available to the Commission in connection
with the investigation other than internal documents prepared
by the authorities of the Community or its Member States,
provided that that information is relevant to the presentation
of their case and not confidential within the meaning of Article
9 of Regulation (EC) No 3285/94 or Article 7 of Regulation
(EC) No 519/94, and that it is used by the Commission in the
investigation.

Interested parties which have come forward may communicate
their views on the information in question to the Commission;
and those views may be taken into consideration where they
are supported by sufficient evidence.

10. Non-cooperation

When information is not supplied within the time limits set by
Regulation (EC) No 3285/94 or Regulation (EC) No 519/94, or

findings may be
the investigation is significantly impeded,
made on the basis of
the
Commission finds that any interested party or third party has
supplied it with false or misleading information,
it shall
disregard the information and may make use of facts available.

available. Where

facts

the

11. Schedule of the investigation

In accordance with Article 7 of Regulation (EC) No 3285/94
and Article 6 of Regulation (EC) No 519/94, within nine
months of the date of the publication of this notice in the
the European Communities, the Commission
Official
safeguard measures are
shall determine whether or not
necessary.

Journal of

If the Commission determines that measures are necessary, the
Commission shall take the necessary decisions in accordance
with Title V of Regulations (EC) No 3285/94 and (EC) No
519/94 respectively, no later than nine months from the
date of initiation, unless exceptional circumstances exist,
in
which case that time limit may be extended by a maximum
period of
the
Commission will publish a Notice in the Official Journal of the
the
European Communities
extension and a summary of the reasons.

setting forth the duration of

the time limit

two months.

is extended,

If

If the Commission considers that safeguard measures are not
necessary,
it will, after consulting the Advisory Committee,
terminate the investigation. The Decision to terminate the
investigation, stating the main conclusions of the investigation
and a summary of the reasons therefor, will be published in the
Official Journal of the European Communities.

28.3.2002

EN

Official Journal of the European Communities

C 77/41

ANNEX 1

PRODUCTS CONCERNED

Product
No

Product group

CN codes

1

2

3

4

5

6

7

8

9

Non-alloy hot-rolled coils

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,
7208 39 90

Non-alloy hot-rolled sheets and
plates

7208 40 10, 7208 40 90, 7208 52 99, 7208 53 90, 7208 54 10,
7208 54 90

Non-alloy hot-rolled narrow strip

7211 14 10, 7211 14 90, 7211 19 20, 7211 19 90, 7212 60 11,
7212 60 19, 7212 60 91

Alloy hot-rolled flat products

7225 19 10, 7225 30 00, 7225 40 80, 7226 19 10, 7226 91 10,
7226 91 90, 7226 99 20

Cold-rolled sheets

7209 15 00, 7209 16 90, 7209 17 90, 7209 18 91, 7209 25 00,
7209 26 90, 7209 27 90, 7209 28 90, 7209 90 10, 7209 90 90,
7225 20 90, 7225 50 00, 7211 23 10, 7211 23 99, 7211 29 20,
7211 29 50, 7211 29 90, 7211 90 11, 7211 90 19, 7211 90 90,
7212 60 93, 7212 60 99, 7226 92 10, 7226 92 90

Electrical
GOES)

sheets

(other

than

7209 16 10, 7209 17 10, 7209 18 10, 7209 26 10, 7209 27 10,
7209 28 10, 7211 23 91, 7225 19 90, 7226 19 30, 7226 19 90

Metallic coated sheets

7210 20 10, 7210 20 90, 7210 30 10, 7210 30 90, 7210 41 10,
7210 41 90, 7210 49 10, 7210 49 90, 7210 61 10, 7210 61 90,
7210 69 10, 7210 69 90, 7210 90 38, 7210 90 90, 7212 20 11,
7212 20 19, 7212 20 90, 7212 30 11, 7212 30 19, 7212 30 90,
7212 50 31, 7212 50 51, 7212 50 58, 7212 50 75, 7212 50 91,
7212 50 93, 7212 50 97, 7212 50 99, 7225 91 10, 7225 91 90,
7225 92 10, 7225 92 90, 7225 99 90, 7226 93 20, 7226 93 80,
7226 94 20, 7226 94 80, 7226 99 80

Organic coated sheets

7210 70 39, 7210 70 90, 7212 40 91, 7212 40 93, 7212 40 98

Tin mill products

10

Quarto plates

7209 18 99, 7210 11 10, 7210 11 90, 7210 12 11, 7210 12 19,
7210 12 90, 7210 50 10, 7210 50 90, 7210 70 31, 7210 90 33,
7211 23 51, 7212 10 10, 7212 10 91, 7212 10 93, 7212 10 99,
7212 40 10, 7212 40 95

7208 51 30, 7208 51 50, 7208 51 91, 7208 51 99, 7208 52 91,
7208 90 10, 7208 90 90, 7210 90 31, 7225 40 20, 7225 40 50,
7225 99 10

11

12

13

14

15

16

17

18

19

20

21

Wide flats

7208 51 10, 7208 52 10, 7208 53 10, 7211 13 00

Non-alloy merchant bars and light
sections

7214 30 00, 7214 91 10, 7214 91 90, 7214 99 31, 7214 99 39,
7214 99 50, 7214 99 61, 7214 99 69, 7214 99 80, 7214 99 90,
7215 90 10, 7228 80 90, 7216 10 00, 7216 21 00, 7216 22 00,
7216 40 10, 7216 40 90, 7216 50 10, 7216 50 91, 7216 50 99,
7216 99 10

Alloy merchant bars and light
sections

7228 20 11, 7228 20 19, 7228 20 30, 7228 30 41, 7228 30 49,
7228 30 61, 7228 30 69, 7228 30 70, 7228 30 89, 7228 60 10,
7228 70 10, 7228 70 31, 7228 80 10

Rebars

7214 20 00, 7214 99 10

Stainless bars and light shapes

7222 11 11, 7222 11 19, 7222 11 21, 7222 11 29, 7222 11 91,
7222 11 99, 7222 19 10, 7222 19 90, 7222 20 11, 7222 20 19,
7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81,
7222 20 89, 7222 30 10, 7222 30 51, 7222 30 91, 7222 30 98,
7222 40 10, 7222 40 30, 7222 40 91, 7222 40 93, 7222 40 99

Stainless wire rod

Stainless steel wire

7221 00 10, 7221 00 90

7223 00 11, 7223 00 91, 7223 00 19, 7223 00 99

Fittings (< 609,6 mm)

7307 93 11, 7307 93 19

Flanges (other than stainless steel)

7307 21 00, 7307 91 00

Gas pipes

Hollow sections

7306 30 51, 7306 30 59, 7306 30 71, 7306 30 78

7306 60 31, 7306 60 39