Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of magnesium oxide originating in the People's Republic of China
Date: 2002-06-13
Institutions: European Commission
Subjects: China, anti-dumping duty, import, originating product, oxide

C 140/6

EN

Official Journal of the European Communities

13.6.2002

(b) Holding of hearings

6. Written submissions and correspondence

the Commission may hear

Furthermore,
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 5 of this
notice.

5. Time limits

All interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views and submit
information within 40 days of the date of publication of this
notice in the Official Journal of the European Communities, unless
otherwise specified.

the exercise of most
Attention is drawn to the fact
procedural rights set out in the basic Regulation depends on
the party making itself known within the aforementioned 40
days of publication.

that

interested parties may also apply to be heard by the

All
Commission within the same 40-day limit.

All submissions and requests made by interested parties must
be made in writing and must indicate the name, address, e-mail
address,
the
interested party.

telephone and fax, and/or

telex numbers of

Commission address for correspondence:

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

7. 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 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.

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of magnesium oxide originating in the People's Republic of China

(2002/C 140/05)

The Commission has decided on its own initiative to initiate a
partial
interim review pursuant to Article 11(3) of Council
Regulation (EC) No 384/96 (1), as last amended by Regulation
(EC) No 2238/2000 (2)
limited to the
form of the existing measure.

(the Basic Regulation)

imports of magnesium oxide originating in the People's
Republic of China. The duty is in the form of a minimum
import price.

1. Product

The product under review is magnesium oxide originating in
the People's Republic of China (‘the product concerned’),
currently classifiable within CN code ex 2519 90 90 (Taric
code 2519 90 90 10). This CN code is given only for
information.

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1334/1999 (3) on

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 159, 25.6.1999, p. 1.

3. Grounds for the review

The Commission has decided on its own initiative to initiate an
interim review pursuant to Article 11(3) in order to examine
the appropriateness of the measures in force with regard to the
following issues.

that

The current measures in the form of a minimum import price
do not differentiate between sales made to related parties and
sales made to unrelated parties, or between first sales and
to the Community, and it has become
successive sales
apparent
can lead to enforcement problems.
this
Consequently, the existing measures do not appear sufficient
injury.
to counteract
Furthermore, the current measures do not cater for situations
in which imported goods have been damaged before entry into
In this respect it should be noted that the
free circulation.
measures should not go beyond what
is necessary for the
removal of injury.

dumping which is

causing

the

13.6.2002

EN

Official Journal of the European Communities

C 140/7

4. Procedure

Having determined, after consulting the Advisory Committee,
that there are sufficient grounds warranting the initiation of an
the Commission hereby initiates a
partial
the Basic Regulation,
review pursuant
limited to the examination of this aspect.

to Article 11(3) of

interim review,

(a) Collection of information

the Community industry,

In order to have the interested parties views on the above, the
Commission will
any
contact
association of producers in the Community,
the exporters/
producers
in the countries concerned, any association of
exporters/producers in the countries concerned, the importers,
and any association of
importers which cooperated in the
investigation leading to the measures subject to the present
review, and the relevant authorities of the countries concerned.

All interested parties provided that they are likely to be affected
by the results of the examination of the form of the existing
measures are hereby invited to make their views known,
submit information and to provide supporting evidence. This
information and
the
Commission within the time-limit set in point 5 of this notice.

evidence must

supporting

reach

(b) Holding of hearings

the Commission may hear

interested parties,
Furthermore,
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 5 of this
notice.

5. Time-limits

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
the exercise of most
procedural rights set out in the Basic Regulation depends on
the party making itself known within the aforementioned 40
days of publication.

that

interested parties may also apply to be heard by the

All
Commission within the same 40-day limit.

6. Written submissions and correspondence

All submissions and requests made by interested parties must
be made in writing and must indicate the name, address, e-mail
address,
the
interested party.

telephone and fax, and/or

telex numbers of

Commission address for correspondence:

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

7. 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
the investigation,
significantly impedes
findings, affirmative or negative, may be made in accordance
with Article 18 of the Basic Regulation, on the basis of the
facts available.

All interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views and submit

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.