Commission Regulation (EC) No 1325/2002 of 22 July 2002 initiating a "new exporter" review of Council Regulation (EC) No 1600/1999 imposing definitive anti-dumping duties on imports of stainless steel wires with a diameter of 1 mm or more originating in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2002-07-22
Institutions: European Commission
Subjects: India, anti-dumping duty, customs regulations, import, originating product, steel, wire

23.7.2002

EN

Official Journal of the European Communities

L 194/27

COMMISSION REGULATION (EC) No 1325/2002

of 22 July 2002

initiating a ‘new exporter’ review of Council Regulation (EC) No 1600/1999 imposing definitive
anti-dumping duties on imports of stainless steel wires with a diameter of 1 mm or more origi-
nating in India, repealing the duty with regard to imports from one exporter in this country and
making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1)
(the
basic Regulation), as last amended by Regulation (EC) No 2238/
2000 (2), and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

A. Request for a review

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
Regulation. The application was lodged by Garg Sales
Co. PVT Ltd (the applicant), an exporting producer in
India (the country concerned).

The applicant further alleges that it began exporting the
product concerned to the Community after the end of
the investigation period, and that it is not related to any
of the exporting producers of the product concerned,
which are subject to the abovementioned anti-dumping
measure.

E. Procedure

(5)

(6)

Community producers known to be concerned have
been informed of this application and have been given
an opportunity to comment.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’ review, pursuant to Article
11(4) of the basic Regulation, with a view to determine
the applicant’s individual margin of dumping and, should
dumping be found, the level of the duty to which their
imports of the product concerned into the Community
should be subject.

B. Product

(a) Questionnaires

The product under review is stainless steel wire with a
diameter of 1 mm or more, containing by weight 2,5 %
or more of nickel, excluding wire containing by weight
28 % or more but no more than 31 % of nickel and
20 % or more but no more than 22 % of chromium
originating in India (the product concerned), currently
classifiable within CN code ex 7223 00 19. This CN
code is given for information only.

C. Existing measure

The measure currently in force is a definitive anti-
dumping duty imposed by Council Regulation (EC) No
1600/1999 (3) under which imports into the Community
of
the product concerned originating in India and
produced by the applicant is subject to a definitive anti-
dumping duty rate of 55,6 %, with the exception of
several companies
specifically mentioned which are
subject to individual duty rates.

(7)

D. Grounds for the review

(4)

The applicant alleges that it did not export the product
concerned to the Community during the period of inves-
tigation on which the anti-dumping measure was based,
i.e. the period from 1 April 1997 to 31 March 1998.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 189, 22.7.1999, p. 19.

In order to obtain the information it deems necessary
the Commission will send a
for its investigation,
questionnaire to the applicant.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence. Furthermore,
the Commission may hear
interested parties, provided that they make a request
in writing showing that there are particular reasons
why they should be heard.

F. Repeal of the duty in force and registration of

imports

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
made subject to registration in accordance with Article
14(5) of the basic Regulation, in order to ensure that,
should the review result in a finding of dumping in
respect of the applicant, the anti-dumping duty can be
levied retroactively from the date of the initiation of this
review. The amount of the applicant’s possible future
the
liabilities cannot be estimated at
proceeding.

stage of

this

(1)

(2)

(3)

L 194/28

EN

Official Journal of the European Communities

23.7.2002

G. Time limits

Article 3

(8)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in
recital 6(a) of this Regulation or any other informa-
tion to be taken into account during the investiga-
tion,

— interested parties may make a written request to be

heard by the Commission.

H. Non-cooperation

(9)

In cases in which any interested party refuses access to
or otherwise does not provide the necessary information
within the relevant 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.

(10) 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,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1600/1999 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if, and to what extent, the imports of stain-
less steel wire with a diameter of 1 mm or more, containing by
weight 2,5 % or more of nickel, excluding wire containing by
weight 28 % or more but no more than 31 % of nickel and
20 % or more but no more than 22 % of chromium falling
within CN code ex 7223 00 19, originating in India, produced
and sold for export to the Community by Garg Sales Co. PVT
Ltd (TARIC additional code A999) should be subject to the
anti-dumping duty imposed by Regulation (EC) No 1600/1999.

The customs authorities are hereby directed, pursuant to Article
14(5) of Regulation (EC) No 384/96, to take the appropriate
steps to register the imports identified in Article 1 of this Regu-
lation. Registration shall expire nine months following the date
of entry into force of this Regulation.

Article 4

Interested parties, if their representations are to be taken into
account during the investigation, must make themselves known
to the Commission, present their views in writing and submit
the replies to the questionnaire mentioned in recital 6(a) of this
Regulation or any other information, unless otherwise specified,
within 40 days of the entry into force of this Regulation. Atten-
tion 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.

Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

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 number of the interested party.

Any information relating to the matter, any request
hearing should be sent to the following address:

for a

European Commission
Directorate General for Trade
Directorate B
Office: J-79 — 05/16
B-1049 Brussels
Fax (32 2) 295 65 05
Telex COMEU B 21877

Article 2

Article 5

The anti-dumping duty imposed by Regulation (EC) No 1600/
1999 is hereby repealed with regard to the imports identified in
Article 1 of this Regulation.

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 July 2002.

For the Commission

Pascal LAMY

Member of the Commission