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
Date: 2002-05-08
Institutions: European Commission
Subjects: European Commission, Poland, Russia, anti-dumping legislation, exchange of information, flat product, import, originating product, sheet

8.5.2002

EN

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

C 111/6

EN

Official Journal of the European Communities

8.5.2002

(a) 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
to any association of exporters/
in Poland and Russia,
producers,
to any association of
importers named in the complaint, and to the authorities
of the exporting countries concerned.

importers,

to the

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in order to find out
in paragraph 6(a)(i) of this notice,
whether they are listed in the complaint and, if necessary,
request a questionnaire, given that the time limit set in
paragraph 6(a)(ii) of this notice applies to all such interested
parties.

(b) 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 paragraph 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
in paragraph
must be made within the time limit set
6(a)(iii) of this notice.

(c) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Brazil 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 paragraph 6(b) of this
notice.

(d) Market economy status

For those exporters/producers in Russia which claim and
provide sufficient evidence that they operate under market
economy conditions,
i.e. that they meet the criteria laid
down in Article 2(7)(c) of the Basic Regulation, normal
value will be determined in accordance with Article
2(7)(b) of
Exporters/producers
intending to submit duly substantiated claims must do so
within the specific time limit set in paragraph 6(c) 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.

the Basic Regulation.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the Basic Regulation and in
the event that the allegations of dumping and injury caused

this

their

industry,

they prove that

link between their

the Community interest. For

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
organisations, provided that
there is an
and the product
objective
concerned, may, within the general
in
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. The parties which
have acted in conformity with the preceding sentence may
request a hearing, setting out the particular reasons why they
should be heard within the time limit set in paragraph 6(a)(iii)
should be noted that any information
of
It
this notice.
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

6. Time limits

(a) General time limits

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

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 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 Regulation
depends on the party's making itself known within the
aforementioned period.

(iii) Hearings

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

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

Parties to the investigation may wish to comment on the
appropriateness of Brazil which, as mentioned in paragraph
5.1(c) of this notice,
is envisaged as a market-economy
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

8.5.2002

EN

Official Journal of the European Communities

C 111/7

(c) Specific time limit for submission of claims for market economy

8. Non-cooperation

status

Duly substantiated claims for market economy status, as
mentioned in paragraph 5(1)(d) of this notice, must reach
the Commission within 21 days of the date of publication
of
the European
Communities.

this notice in the Official

Journal of

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
Office: TERV — 0/13
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

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

this notice in the Official

The investigation will be concluded, according to Article 6(9) of
the Basic Regulation within 15 months of the date of the publi-
cation of
the European
Communities. According to Article 7(1) of the Basic Regulation,
provisional measures may be imposed no later than 9 months
from the publication of this notice in the Official Journal of the
European Communities.

Journal of

Notice pursuant to Article 5 of Regulation (EEC) No 3975/87 of 14 December 1987 (1) concerning
case COMP/38.284/D2 (Air France/Alitalia)

(2002/C 111/06)

(Text with EEA relevance)

1. The application lodged by Société Air France (Air
France) and Alitalia Linee Aeree Italiane SpA (Alitalia)

By letter of 12 November 2001, Air France and Alitalia
notified to the Commission a number of
cooperation
agreements and applied for negative clearance under Article
3(2) of Regulation (EEC) No 3975/87 or exemption under
Article 5 of the same Regulation.

2. Main content of the agreements

The cooperation agreement and its implementing agreements
are a key step for Alitalia to join the Skyteam Alliance.

Through their cooperation, which is being implemented
seek to establish a far-reaching,
progressively,
long-term strategic bilateral alliance, the main objectives of
which are as follows:

the parties

— Creation of a European multi-hub system based on the parties'
hubs at Paris Charles de Gaulle, Rome Fiumicino and Milan
Malpensa airports, in order to interconnect their worldwide
networks,

(1) OJ L 374, 31.12.1987, p. 1.

— Coordination of

passenger

the parties'

operations,
including extensive use of code-sharing, coordination of
revenue
their
scheduled
management, mutual
respective
Frequent Flyer Programmes, marketing coordination and
share of lounge usage,

network,
of

recognition

sales,
the

passenger

service

— Cooperation in other areas,

cargo operations,
catering,
passenger handling, maintenance, purchasing,
information technology, fleet development and purchase,
crew training and revenue accounting.

such as

to interconnect

As the aim of the alliance between Air France and Alitalia is to
create a multi-hub system in order
their
worldwide networks, the cooperation will be closer on the
France/Italy ‘Bundle’ which includes all
the routes between
France and Italy operated by Air France and/or Alitalia,
excluding beyond and behind flights, whether domestic or
international. Section 2.1 describes the ‘basic’ cooperation
that the parties will implement as regards the air transport of
passengers. The ‘enhanced’ cooperation within the bundle is
described in section 2.2.