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: 2002-10-08
Institutions: European Commission
Subjects: Russia, anti-dumping duty, anti-dumping legislation, import, originating product, sheet

C 242/16

EN

Official Journal of the European Communities

8.10.2002

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 242/05)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Commission Decision No
2277/96/ECSC (1)
(‘the Basic Decision’) as last amended by
Decision No 435/2001/ECSC (2), which further to Article 1(3)
of Council Regulation (EC) No 963/2002 (3) will be treated
according to Article 11(3) of Council Regulation (EC) No
384/96 (4) (‘the Basic Regulation’) as last amended by Regu-
lation (EC) No 2238/2000 (5).

1. Request for review

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 Regulation.

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

The request was lodged by Novolipetsk Iron and Steel Corp.
(NLMK) (‘the applicant’), an exporter from Russia.

(a) Questionnaires

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 (6) 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 (7) whose
outcomes are still pending.

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
country concerned. This
information and supporting
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

submit
to
and

information other

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

supporting

evidence.

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.

4. Grounds for the review

(c) Selection of the market economy country

In particular

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

than the current

level of

(1) OJ L 308, 29.11.1996, p. 11.
(2) OJ L 63, 3.3.2001, p. 14.
(3) OJ L 149, 7.6.2002, p. 3.
(4) OJ L 56, 6.3.1996, p. 1.
(5) OJ L 257, 11.10.2000, p. 2.
(6) OJ L 42, 20.2.1996, p. 7.
(7) The corresponding notice of initiation has been published in the

OJ C 53, 20.2.2001, p. 13.

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.

(d) Market economy status

the applicant
that

claims and provides
they operate under market

sufficient
In case
economy
evidence
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. 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.

8.10.2002

EN

Official Journal of the European Communities

C 242/17

6. Time limits

(a) General time limits

(i) 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,
the questionnaire
present
reply mentioned in point 5(a) 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.

their views and submit

(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.

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

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 in the Official Journal of the European Communities.

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
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 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.

Commission communication in the framework of the implementation of Council Directive
2002/40/EC

(2002/C 242/06)

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the Directive)

ESO (1)

Reference and title of the standard

Reference document

Cenelec

EN 50304:2001
Electric ovens for household use — Methods for
measuring the energy consumption

Reference of the
superseded standard

Date of cessation
of presumption of conformity
of the superseded standard
Note 1

None

—

(1) ESO (European standardisation organisation):

— CEN: rue de Stassart/Stassartstraat 36, B-1050 Brussels; tel. (32-2) 550 08 11, fax (32-2) 550 08 19 (http://www.cenorm.be);
— Cenelec: rue de Stassart/Stassartstraat 35, B-1050 Brussels; tel. (32-2) 519 68 71, fax (32-2) 519 69 19 (http://www.cenelec.org);
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis Cedex, tel. (33-4) 92 94 42 00, fax (33-4) 93 65 47 16 (http://www.etsi.org).

Note 1: Generally the date of cessation of use will be the date of withdrawal (‘dow’), set by the European standardisation organisation,
but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be otherwise.