Notice regarding the anti-dumping measures in force following a ruling of the Dispute Settlement Body of the World Trade Organisation adopted on 12 March 2001
Date: 2002-05-08
Institutions: European Commission
Subjects: Dispute Settlement Body, World Trade Organisation, anti-dumping legislation, dumping

C 111/4

EN

Official Journal of the European Communities

8.5.2002

Notice regarding the anti-dumping measures in force following a ruling of the Dispute Settlement
Body of the World Trade Organisation adopted on 12 March 2001

(2002/C 111/04)

On 23 July 2001 the Council adopted Regulation (EC) No
1515/2001 on the measures
that may be taken by the
Community following a report adopted by the WTO Dispute
Settlement Body concerning anti-dumping and anti-subsidy
matters (1)
to
Article 2 of that Regulation, the Commission may initiate a
review of existing measures in order to take account of legal
interpretations contained in a report adopted by the Dispute
the World Trade Organisation
Settlement Body (DSB) of
(WTO).

(‘the WTO enabling Regulation’). Pursuant

On 12 March 2001, the Dispute Settlement Body of the WTO
released an Appellate Body Report and a panel report as
modified by
case
‘European Communities — anti-dumping duties on imports
of cotton-type bed linen from India’ (‘Reports’) (2).

the Appellate Body Report on the

to existing

anti-dumping measures

By this notice, the European Commission invites any exporting
producer whose exports to the European Community are
subject
and which
considers that the measures should be reviewed in the light
interpretations regarding the determination of
of
to request a
dumping margins contained in the reports,
review on the basis of Article 2 of the WTO enabling Regu-
lation.

the legal

1. Potential for review of existing anti-dumping measures

under the WTO enabling Regulation

Following the Reports, the Commission is prepared to consider
applications for reviews pursuant to the WTO enabling Regu-
lation regarding the level of dumping where the existing
measures are based on either:

(i) a weighted average dumping margin established on the
basis of a methodology which included zeroing negative
dumping margins for certain models/types of product (see
in particular paragraphs 46 to 66 of the Appellate Body
Report); or

(ii) selling, general and administrative expenses and profit
to Article 2(6)(a) of

which were determined pursuant

(1) OJ L 201, 26.7.2001, p. 10.
(2) WTO,
AB-2000-13,
the
Report
WT/DS141/AB/R, 1 March 2001. WTO, Report of
the Panel,
WT/DS141/R, 30 October 2000. The reports can be downloaded
from
(http://www.wto.org/english/
the WTO's
tratop_e/dispu_e/distab_e.htm).

Appellate

website

Body,

of

Council Regulation (EC) No 384/96 (3) (‘the Basic Regu-
lation’) or Article 2(6)(a) of Commission Decision No
2277/96/ECSC (4) and sales not made in the ordinary
course of trade were excluded from the calculation or
data for only one exporter were included in the calculation
(see in particular paragraphs 67 to 85 of the Appellate
Body Report).

The relevant Community institution may repeal, amend or
maintain the measures reviewed in order to reflect the review
findings. Where measures are repealed for individual exporters,
but not for the country as a whole, such exporters shall remain
subject to the proceeding and may, automatically, be reinves-
tigated in any subsequent review carried out for that country.

2. Procedure

Any exporting producer may lodge a written application for a
review. In order to facilitate the lodging of such application,
interested parties may request an application form from:

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

Any application shall:

(i) show that the anti-dumping measure in question is based
on one or both of the methodologies for the calculation of
the level of dumping mentioned in section 1(i) and (ii)
above; and

for

(ii) contain information relevant

the determination of
dumping including information on normal values, export
prices and comparison within the meaning of Article 2 of
the Basic Regulation,
and such information should
normally cover the last six months prior to the publication
of the present notice.

(3) 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).

(4) OJ L 308, 29.11.1996, p. 11. Decision, as last amended by Decision

No 435/2001/ECSC (OJ L 63, 3.3.2001, p. 14).

8.5.2002

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Official Journal of the European Communities

C 111/5

Any requests for further information as well as any application
for such a review must also be sent to the aforementioned
address.

In line with Article 3 of the WTO enabling Regulation any
measures adopted pursuant
to that Regulation following a
review will not have retroactive effect.

The Commission will process the applications for reviews
based on the WTO enabling Regulation within a reasonable
period of time, and will publish a notice of initiation of such
reviews for those exporting producers which have submitted a
duly substantiated application.

to submit a request

The right
accordance with Article 11(3) of
remains unaffected.

for an interim review in
the Basic Regulation

Notice of initiation of an anti-dumping proceeding concerning imports of certain grain oriented
electrical sheets and strips (flat-rolled products) of a width not exceeding 500 mm originating in
Poland and Russia

(2002/C 111/05)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 2238/2000 (2)
(‘the Basic Regu-
lation’), alleging that imports of certain grain oriented electrical
sheets and strips, originating in Poland and Russia (‘countries
concerned’), are being dumped and are thereby causing
material injury to the Community industry.

1. Complaint

The complaint was lodged on 26 March 2002 by the European
Confederation of
(the
complainant) on behalf of producers representing 100 % of
the Community production of certain grain oriented electrical
sheets and strips.

Iron and Steel

Industries

(Eurofer)

2. Product

The product allegedly being dumped is grain oriented sheets
and strips of silicon-electrical steel with a width not exceeding
500 mm originating in Poland and Russia (‘the product
concerned’),
code
7226 11 90. This CN code is only given for information.

classifiable

currently

within

CN

basis of the price in a market economy country, which is
mentioned in paragraph 5.1(c) 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
to the
Community.

concerned when sold for

export

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 Poland 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
and the level of prices charged by the Community industry,
resulting
effects on the overall
adverse
performance,
situation and the employment
situation of the Community industry.

in substantial

the financial

3. Allegation of dumping

The allegation of dumping in respect of Poland 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.

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.

In view of provisions of Article 2(7) of the Basic Regulation,
the complainant established normal value for Russia on the

5.1. Procedure for the determination of dumping and injury

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

investigation will

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

determine whether