Notice of initiation of an anti-dumping proceeding concerning imports of furfuryl alcohol originating in People's Republic of China
Date: 2002-08-09
Institutions: European Commission
Subjects: China, anti-dumping duty, chemical alcohol, dumping, import

C 189/30

EN

Official Journal of the European Communities

9.8.2002

Notice of initiation of an anti-dumping proceeding concerning imports of furfuryl alcohol
originating in People's Republic of China

(2002/C 189/07)

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’),
alleging that
furfuryl alcohol originating in the
People's Republic of China (‘country concerned’), are being
dumped and are thereby causing material
injury to the
Community industry.

imports of

1. Complaint

The complaint was lodged on 25 June 2002 by the Inter-
national Furan Chemicals BV (‘the complainant’) on behalf of
the sole producer in the Community representing 100 % of the
Community production of furfuryl alcohol.

2. Product

The product allegedly being dumped is furfuryl alcohol orig-
inating in People's Republic of China (‘the product concerned’),
currently classifiable within CN code ex 2932 13 00. This CN
code is only given for information.

3. Allegation of dumping

In view of provisions of Article 2(7) of the Basic Regulation,
the complainant established normal value in the People's
Republic of China on the basis of
the price 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 prices of
the product
concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

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

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,
effects on the overall
adverse
resulting

in substantial

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

performance and the financial situation of
industry.

the Community

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

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

(a) Sampling

the apparent

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

(i) Sampling for

exporters/producers

in People's

Republic of China

a

all

if so,

sample,

In order to enable the Commission to decide
whether sampling is necessary and,
to
exporters/producers, or
select
representatives acting on their behalf, are hereby
requested
by
contacting the Commission and providing the
and
following
company or
non-confidential
companies within the time limit set
in point
6(b)(i) of this notice:

form on their

information

confidential

themselves

to make

known

in

— 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
July 2001 to 30 June 2002,

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— if the company intends to submit a claim for
an individual margin or market economy
status
and market
economy status can only be claimed by
producers),

(individual margins

— for

companies

claiming market

economy
status, the turnover in local currency and the
the product
sales
concerned on the domestic market during
the period 1 July 2001 to 30 June 2002,

in units

volume

for

— the precise activities of

regard to the production of
concerned,

the company with
the product

— the names and the precise activities of all
the
and/or

related
(export
production and/or
domestic) of the product concerned,

companies (1)

involved

selling

in

— any other relevant

information that would
assist the Commission in the selection of the
sample,

the company or
— an indication of whether
companies agree to their
inclusion in the
sample, which implies replying to a ques-
tionnaire and accepting an on-the-spot inves-
tigation of their response.

the selection of

In order
to obtain the information it deems
necessary for
the sample of
in
exporters/producers,
addition, contact the authorities of the exporting
country,
of
any
exporters/producers.

the Commission will,

associations

known

and

(ii) Sampling for importers

if so,

In order to enable the Commission to decide
whether sampling is necessary and,
to
select a sample, all unrelated importers, or
representatives acting on their behalf, are hereby
requested to make themselves known to the
Commission and to provide
following
information in confidential and non-confidential
form on their company or companies within
the time limit set in point 6(b)(i) of this notice:

the

— name, address, e-mail address, telephone, and
fax, and/or telex numbers and contact person,

— the total turnover in euro of the company
during the period 1 July 2001 to 30 June
2002,

— the total number of employees,

— the precise activities of

the company with

regard to the product concerned,

— the volume in tonnes and value in euro of
imports
in the
into and resales made
Community market during the period 1 July
2001 to 30 June 2002 of
the imported
product concerned originating in People's
Republic of China,

— the names and the precise activities of all
the
in
the product

companies (1)

selling of

involved

related
production and/or
concerned,

— any other relevant

information that would
assist the Commission in the selection of the
sample,

— an indication of whether the company or
companies agree to their
inclusion in the
sample, which implies replying to a ques-
tionnaire and accepting an on-the-spot inves-
tigation of their response.

In order
the selection of
necessary for
importers,
the Commission will,
contact any known associations of importers.

to obtain the information it deems
the sample of
in addition,

(iii) Final selection of the samples

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

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

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

to make the

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Official Journal of the European Communities

9.8.2002

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

If sufficient cooperation is not forthcoming, the
Commission will base its findings, in accordance
with Articles 17(4) and 18 of the Basic Regu-
lation, on the facts available.

purpose of establishing normal value in respect of
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

(b) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send ques-
tionnaires to the Community industry and to any
association of producers in the Community, to the
sampled exporters/producers in People's Republic of
China to any association of exporters/producers, to
the
association of
importers named in the complaint, and to the auth-
orities of the exporting countries concerned.

sampled importers,

to any

in point 6(a)(ii) of

Exporters/producers in 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
Regulation, must submit a completed questionnaire
within the time limit set
this
notice. They therefore have to request a questionnaire
within the time limit set in point 6(a)(i) of this notice.
if
However,
sampling is
the
Commission may nonetheless decide not to calculate
an individual margin for them,
the number of
exporters/producers is so large that individual exam-
ination would be unduly burdensome and would
prevent the timely completion of the investigation.

applied to exporters/producers,

should be aware

such parties

that

if

(c) Collection of information and holding of hearings

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

(d) Selection of the market economy country

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 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
to all
exporters/producers
in the People's Republic of
China who have either been included in the sample
or who have requested an individual margin as well as
to the authorities of the People's Republic of China.

send claim forms

5.2. Procedure for assessment of Community interest

users

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 not be against the Community interest.
For this reason the Community industry, importers, their
associations,
representative
and
representative
consumer organisations, provided that
representative
they prove that there is an objective link between their
activity 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 heard within the time limit set in point 6(a)(iii) of
this notice.
It should be noted that any information
submitted pursuant to Article 21 will only be taken into
account if supported by factual evidence at the time of
submission.

6. Time limits

(a) General time limits

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

forms

In accordance with Article 2(7)(a) of the Basic Regu-
lation, it is envisaged to choose USA or South Africa
as an appropriate market economy country for the

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.

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Official Journal of the European Communities

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(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
specified.
European Communities, unless otherwise
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.

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

(iii) Hearings

as a market-economy countries for the purpose of estab-
lishing 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.

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

status

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.

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

Commission address for correspondence:

(b) Specific time limit in respect of sampling

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

Journal

the

of

(ii) All other information relevant for the selection of the
samples as referred to in point 5(1)(a)(iii) must reach
the Commission within a period of 21 days of the
publication of this notice in the Official Journal of the
European Communities.

(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 USA or South Africa which,
as
mentioned in point 5(1)(d) of this notice, are envisaged

European Commission
Office: J-79 — 05/16
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 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 nine
months from the publication of
this notice in the Official
Journal of the European Communities.