Notice of initiation of an anti-dumping proceeding concerning imports of para-cresol originating in the People's Republic of China
Date: 2002-06-27
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, dumping, hydrocarbon, import

27.6.2002

EN

Official Journal of the European Communities

C 153/7

9. Schedule of the investigation

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

10. Review of existing measures

flint

lighters

Council Regulation (EC) No 1824/2001 (1) imposed a definitive
anti-dumping duty on imports of gas-fuelled, non-refillable
falling within CN code 9613 10 00
pocket
(TARIC code 9613 10 00*19) originating in the People's
Republic of China and maintained the anti-dumping duties
extended by Council Regulation (EC) No 192/1999 (2)
to
imports of certain refillable pocket flint lighters originating in
the People's Republic of China or consigned from or orig-
inating in Taiwan falling within CN code ex 9613 20 90

(1) OJ L 248, 18.9.2001, p. 1.
(2) OJ L 22, 29.1.1999, p. 1.

(TARIC codes 9613 20 90*21 and 9613 20 90*29) and to
imports of non-refillable lighters consigned from Taiwan and
falling within
code
9613 10 00*19) or originating in Taiwan and falling within
CN code 9613 10 00 (TARIC code 9613 10 00*19).

9613 10 00

CN code

(TARIC

Should it be determined that measures are to be imposed on
disposable gas-fuelled pocket lighters, whether flint or piezo,
with or without a refill valve originating in the People's
Republic of China in the proceeding initiated by the present
notice, the continued imposition of the measures imposed by
Regulation (EC) No 1824/2001 will be no longer appropriate,
and Regulation (EC) No 1824/2001 would have to be amended
or repealed accordingly. Therefore, an interim review should be
opened as regards Regulation (EC) No 1824/2001 in order to
allow any amendment or repeal necessary in the light of the
investigation initiated by the present notice.

Therefore, the Commission hereby initiates, pursuant to Article
11(3) of the Basic Regulation, an interim review of Regulation
(EC) No 1824/2001. The provisions set out in points 5, 6, 7
and 8 of the notice, apply mutatis mutandis to this interim
review.

Notice of initiation of an anti-dumping proceeding concerning imports of para-cresol originating in
the People's Republic of China

(2002/C 153/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2)
(‘the Basic Regulation’),
imports of para-cresol, originating in the
alleging that
People's Republic of China (‘countries concerned’), are being
dumped and are thereby causing material
injury to the
Community industry.

1. Complaint

The complaint was lodged on 13 May 2002 by Degussa Knot-
tingley Ltd. (‘the complainant’) on behalf of the sole producer
in the Community representing 100 % of
the Community
production of para-cresol.

product concerned’), currently classifiable within CN code
ex 2907 12 00. This CN code is only given for information.

3. Allegation of dumping

the complainant established normal value for

In view of the provisions of Article 2(7) of the Basic Regu-
the
lation,
People's Republic of China on the basis of a constructed
normal value
in a market economy country, which is
mentioned in point 5(1)(d) of this notice. The allegation of
dumping is based on a comparison of normal value, calculated
as set out in the preceding sentence, with the export price of
the product
to the
Community.

concerned when sold for

export

2. Product

On this basis,
significant.

the alleged dumping margin calculated is

The product allegedly being dumped is para-cresol with a
minimum para-isomer, purity of 97 %, calculated on a net
dry basis, originating in the People's Republic of China (‘the

4. Allegation of injury

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

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
increased in absolute terms and in terms of market share.

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Official Journal of the European Communities

27.6.2002

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,
this resulting in substantial adverse effects on the overall
performance and the financial situation of
the Community
industry.

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.

5.1. Procedure for the determination of dumping and injury

investigation will determine whether

The
the product
concerned originating in the People's Republic of China is
being dumped and whether this dumping has caused injury.

(a) Sampling

In view of the apparent large number of parties involved in
the Commission may decide to apply
this proceeding,
sampling in accordance with Article 17 of the Basic Regu-
lation.

(i) Sampling for

exporters/producers

in the People's

Republic of China

In order to enable the Commission to decide whether
sampling is necessary and, if so, to assist it in selecting
a sample, all exporters/producers, or representatives
acting on their behalf, are hereby requested to make
themselves known by contacting the Commission and
providing the following information on their company
or companies within the time limit set in point 6(b)(i)
of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 April 2001 to
31 March 2002,

vidual margins and market economy status can only
be claimed by producers, see further below 5(e)),

— for companies claiming market economy status, the
turnover in local currency and the sales volume in
tonnes for the product concerned on the domestic
market during the period 1 April 2001 to 31 March
2002,

— the precise activities of the company with regard to

the production of the product concerned,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— an indication of whether

or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

company

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
the auth-
in addition, contact
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) Final selection of the sample

interested parties wishing to submit any relevant
All
information regarding the selection of
the sample
must in any event do so within the time limit set in
point 6(b)(ii) of this notice.

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit
in point
6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

set

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation, on the
facts available.

forthcoming,

— if the company intends to submit a claim for an
individual margin or market economy status (indi-

(1) For guidance on the meaning of related companies, please refer to
Article
(EEC) 2454/93
of Commission Regulation
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

143(1)

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Official Journal of the European Communities

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(b) 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 sampled exporters/
in the People's Republic of China to any
producers
association of exporters/producers,
to
any association of importers named in the complaint, and
to the authorities of the exporting countries concerned.

to the importers,

accordance with Article 2(7)(b) of the Basic Regulation.
Exporters/producers intending to submit duly substantiated
claims must do so within the specific time limit set in point
6(d) of this notice. The Commission will send claim forms
to all exporters/producers in the People's Republic of China
who have either been included in the sample or named in
the
exporters/
producers named in the complaint, as well as to the auth-
orities of the People's Republic of China.

complaint and to any association of

5.2. Procedure for assessment of Community interest

Exporters/producers in the People's Republic of China
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the Basic Regu-
lation, must submit a completed questionnaire within the
time limit set in point 6(a)(ii) of this notice. They therefore
have to request a questionnaire within the time limit set in
point 6(a)(i) of this notice. However, such parties should be
aware that if sampling is applied to exporters/producers,
the Commission may nonetheless decide not to calculate
an individual margin for them, if the number of exporters/
producers is so large that individual examination would be
unduly burdensome
timely
completion of the investigation.

and would prevent

the

(c) Collection of information and holding of hearings

submit
to
and

information other

All interested parties are hereby invited to make their views
than questionnaire
known,
replies
This
information and supporting evidence has to reach the
Commission within the time limit set in point 6(a)(ii) of
this notice.

supporting

evidence.

provide

For

this

their

industry,

the Community

In accordance with Article 21 of the Basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would be
interest.
against
reason the
representative
importers,
Community
associations, representative users and representative consumer
organisations, provided that
there is an
objective
and the product
concerned, may, within the general time limits set in point
6(a)(ii) of this notice, make themselves known and provide
the Commission with information. The parties which have
acted in conformity with the precedent sentence may request
a hearing setting the particular reasons why they should be
this
heard within the time limit set
It should be noted that any information submitted
notice.
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

in point 6(a)(iii) of

link between their

they prove that

activity

6. Time limits

(a) General time limits

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

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Japan as an appropriate market
economy country for the purpose of establishing normal
value in respect of
the People's Republic of China.
Interested parties are hereby invited to comment on the
appropriateness of
this choice within the specific time
limit set in point 6(c) of this notice.

(e) Market economy status

For those exporters/producers in the People's Republic of
China 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

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

forms

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.

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Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 6(b)(iii) of this notice.

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

status

(iii) Hearings

All interested parties may also apply to be heard by the
Commission within the 40-day time limit specified in
point 6(a)(ii).

(b) Specific time limit in respect of sampling

(i) The information specified in point 5(1)(a)(i) should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of the
the Commission
European Communities, given that
concerned that have
intends
to consult parties
expressed their willingness
to be included in the
sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

(ii) All other information relevant for the selection of the
sample as referred to in 5(1)(a)(ii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

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

Parties to the investigation may wish to comment on the
appropriateness of
Japan which, as mentioned in point
is envisaged as a market-economy
5(1)(d) of this notice,
country for the purpose of establishing normal value in
respect of
People's Republic of China. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Communities.

the

Duly substantiated claims for market economy status, as
mentioned in point 5(1)(e) of this notice, must reach the
Commission within 21 days of the date of the selection of
any sample or as determined by the Commission.

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.

8. Non-cooperation

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

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal 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.