Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain grain-oriented electrical sheets originating in Russia
Date: 2002-07-31
Institutions: European Commission
Subjects: Russia, anti-dumping duty, import, originating product, sheet

31.7.2002

EN

Official Journal of the European Communities

C 182/5

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain grain-oriented electrical sheets originating in Russia

(2002/C 182/03)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Commission Decision No
2277/96/ECSC (1) which,
further to article 1(3) of Council
Regulation (EC) No 963/2002 of 3 June 2002 (2), will be
treated according to Article 11(3) of Council Regulation (EC)
No 384/96 (3) (‘the Basic Decision’).

actions. On the basis of an appropriate comparison of normal
value and export price, the dumping margin appears to be
substantially lower than the current level of the country-wide
measure.

1. Request for review

The request was lodged by limited liability company ‘VIZ-Stal’
(OOO VIZ-Stal) (‘the applicant’), an exporter from Russia.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. Product

The product under review is grain-oriented cold-rolled sheets
and strips of silicon electrical steel with a width of more than
500 mm, originating in Russia (‘the product concerned’),
currently
classifiable within CN codes 7225 11 00 and
7226 11 10. These CN codes are given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Commission Decision No 303/96/ECSC (4) on
imports of certain grain-oriented electrical sheets originating in
Russia. Undertakings in connection therewith were accepted by
the same Commission Decision. Furthermore,
in 2001 an
expiry and an interim review have been initiated (5) whose
outcomes are still pending.

4. Grounds for the review

The applicant provides sufficient evidence that the continued
is no longer
imposition of the measure at its current level
the applicant,
necessary to offset dumping.
investigation, provides prima facie
contrary to the original
evidence showing that he meets
the criteria for market
economy status. Furthermore, he provides a substantiated
dumping calculation based on a comparison of normal value
and an export price emanating from his own export trans-

In particular

(1) OJ L 308, 29.11.1996, p. 11, as last amended by Decision No

435/2001/ECSC (OJ L 63, 3.3.2001, p. 14).

(2) OJ L 149, 7.6.2002, p. 3.
(3) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation

(EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

(4) OJ L 42, 20.2.1996, p. 7.
(5) The corresponding notice of initiation has been published in the

OJ C 53, 20.2.2001, p. 13.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the Basic Decision.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the sole applicant.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send a questionnaire to
the applicant and to the authorities of
the exporting
information and supporting
country concerned. This
evidence should reach the Commission within the time
limit set in point 6(a) of this notice.

(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 must reach the Commission within the
time limit set in point 6(a)(i) 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
must be made within the time limit set in point 6(a)(ii) of
this notice.

(c) Selection of the market economy country

In the event of
information from an analogue country
being required, the Commission envisages to use 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 appropri-
ateness of this country within the specific time limit set
in point 6(b) of this notice.

C 182/6

EN

Official Journal of the European Communities

31.7.2002

(d) Market economy status

(c) Specific time for submission of the claim for market economy

In case the applicant claims and provides 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 Decision, normal value will be determined in
accordance with Article 2(7)(b) of the Basic Decision. The
Commission will send a claim form to the applicant and to
the authorities of Russia. If the applicant intends to submit
a substantiated claim, he must do so within the specific
time limit set in point 6(c) of this notice.

6. Time limits

(a) General time limits

status

A duly substantiated claim for market economy status, as
mentioned in point 5(d) of this notice, must reach the
Commission within 21 days of the date of publication of
this notice
the European
Communities.

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.

(i) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

Commission address for correspondence:

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 the questionnaire reply
mentioned in point 5(a) or any other information
this
within 40 days of
notice
the Official
in
European
of
Communities, unless otherwise specified.

the date of publication of

Journal

the

(ii) 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 point 5(c)
of this notice, is envisaged as an analogue country. 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.

European Commission
Directorate-General for Trade
Directorate B
J-79 5/16
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
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 Decision, 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.