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

C 140/8

EN

Official Journal of the European Communities

13.6.2002

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of ferro-silico-manganese originating in the People's Republic of China and the Ukraine

(2002/C 140/06)

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) (‘the basic Regulation’) limited to the
form of the existing measures.

1. Product

The product under review is ferro-silico-manganese originating
in the People's Republic of China and the Ukraine currently
classifiable within CN code 7202 30 00. 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 495/98 (3) on
imports of ferro-silico-manganese originating in the People's
Republic of China and the Ukraine. The duty is in the form
of a specific duty.

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 issue.

(a) Collection of information

the Community industry,

In order to have the interested parties views on the above, the
any
Commission will
contact
the exporters/
association of producers in the Community,
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
the
information and
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.

The current measures in the form of a specific anti-dumping
duty do not cater for situations in which imported goods have
been damaged before entry into free circulation. In this respect
it should be noted that the measures should not go beyond
what is necessary for the removal of injury.

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.

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
review pursuant
the basic Regulation,
limited to the examination of this aspect.

to Article 11(3) of

interim review,

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

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 62, 3.3.1998, p. 1.

interested parties may also apply to be heard by the

All
Commission within the same 40-day limit.

13.6.2002

EN

Official Journal of the European Communities

C 140/9

6. Written submissions and correspondence

7. Non-cooperation

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

telex numbers of

Commission address for correspondence:

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.

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

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 certain footwear originating in the People's Republic of China, Indonesia and Thailand

(2002/C 140/07)

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) (‘the basic Regulation’) limited to the
form of the existing measures.

1. Product

The product under review is certain footwear originating in the
People's Republic of China,
Indonesia and Thailand (‘the
product concerned’), currently classifiable within CN codes
ex 6402 99 98 (TARIC code 6402 99 98 90), ex 6403 99 93
(TARIC code 6403 99 93 90), ex 6403 99 96 (TARIC code
code
6403 99 96 90)
6403 99 98 90). These CN codes
for
information.

ex 6403 99 98
are

(TARIC
given only

and

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 467/98 (3) on
certain footwear originating in the People's
imports of
Republic of China,
Indonesia and Thailand. The duty is in
the form of a minimum import price or an ad valorem duty.

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.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 60, 28.2.1998, p. 1.

The current measures in the form of a minimum import price
or an ad-valorem duty do not differentiate between sales made
to related parties and sales made to unrelated parties, or
between first sales and successive sales to the Community,
and it has become apparent that this can lead to enforcement
problems. Consequently, the existing measures do not appear
sufficient to counteract the dumping which is causing injury.
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.

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
review pursuant
the basic Regulation,
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
the exporters/
association of producers in the Community,
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.