Notice of initiation of an anti-dumping proceeding concerning imports of silicon metal originating in Russia
Date: 2002-10-12
Institutions: European Commission
Subjects: Russia, anti-dumping legislation, import, originating product, semi-metal

C 246/12

EN

Official Journal of the European Communities

12.10.2002

Notice of initiation of an anti-dumping proceeding concerning imports of silicon metal originating
in Russia

(2002/C 246/07)

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 imports of silicon metal, originating in Russia
(‘country concerned’), are being dumped and are thereby
causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 30 August 2002 by Euroalliages
(Liaison Committee
(‘the
complainant’) on behalf of producers representing 100 % of
the Community production of silicon metal.

Ferro-Alloy

Industry)

the

of

2. Product

The product allegedly being dumped is silicon metal orig-
inating in Russia (‘the product concerned’), currently classifiable
within CN code 2804 69 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 for Russia on the
basis of the price in a market economy country, which is
mentioned in point 5(1)(c) of this notice. The allegation of
dumping is based on a comparison of normal value, 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
in
product concerned from Russia have increased overall
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 level of prices charged by the
Community industry, resulting in substantial adverse effects
on 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

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

initiates an investigation pursuant to Article 5 of the Basic
Regulation.

5.1. Procedure for the determination of dumping and injury

investigation will

The
concerned originating in Russia
whether this dumping has caused injury.

determine whether

the product
is being dumped and

(a) 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 exporters/producers
in Russia to any association of exporters/producers,
to
the importers, to any association of importers named in
the exporting
the complaint, and to the authorities of
countries concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 6(a)(i) of this notice, in order to find out whether
they are listed in the complaint and, if necessary, request a
questionnaire, given that the time limit set in point 6(a)(ii)
of this notice applies to all such interested parties.

(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 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.

(c) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Norway 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 appropriateness of this choice
within the specific time limit set in point 6(b) of this notice.

(d) Market economy status

For those exporters/producers in Russia 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
Exporters/producers
2(7)(b) of

the Basic Regulation.

12.10.2002

EN

Official Journal of the European Communities

C 246/13

intending to submit duly substantiated claims must do so
within the specific time limit set in point 6(c) of this notice.
The Commission will send claim forms to all exporters/
producers in Russia named in the complaint and to any
association of exporters/producers named in the complaint,
as well as to the authorities of Russia.

5.2. Procedure for assessment of Community interest

this

their

industry,

the Community interest. For

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
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
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

(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.

(iii) 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 Norway which, as mentioned in point
5(1)(c) of this notice,
is envisaged as a market-economy
country for the purpose of establishing normal value in
respect of Russia. These
reach the
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Communities.

comments must

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

status

Duly substantiated claims for market economy status, as
mentioned in point 5(1)(d) 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
Directorate-General for Trade
Directorate B
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.