Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of silicon metal originating in the People's Republic of China
Date: 2002-10-12
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, anti-dumping measure, import, originating product, semi-metal

12.10.2002

EN

Official Journal of the European Communities

C 246/9

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
silicon metal originating in the People's Republic of China

(2002/C 246/06)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of silicon metal
(‘country
originating in the People's Republic of China
concerned’),
for
the Commission has
review pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 (2), as
last amended by Regulation (EC) No
2238/2000 (3) (‘the Basic Regulation’).

received a request

It is also alleged that
imports of the product
the flow of
concerned is likely to rise due to the measures in force on
imports of
country
concerned in traditional markets other than the EU (i.e. the
United States of America). All this can lead to a redirection
of exports from other third countries to the Community.

similar products originating in the

1. Request for review

The request was lodged on 9 September 2002 by Euroalliages
(Liaison Committee of the Ferro-Alloy Industry) (‘the applicant’)
on behalf of producers representing 100 % of the Community
production of silicon metal.

2. Product

The product under review is silicon metal originating in the
People's Republic of China (‘the product concerned’), currently
classifiable within CN code 2804 69 00 This CN code is given
only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2496/97 (4).

4. Grounds for the review

is based on the grounds that

The request
the expiry of
in a continuation or
measures would be likely to result
recurrence of dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the Basic Regu-
lation, the applicant established normal value for the People's
Republic of China on the basis of the price in an appropriate
market economy country, which is mentioned in point 5(1)(d)
of this notice. The allegation of continuation 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.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of
the product concerned is likely to increase due to the
existence of unused capacity in the country concerned. It is
also alleged that the exports to other third countries, i.e. Japan,
Canada and Norway, are made at dumped prices.

(1) OJ C 67, 16.3.2002, p. 34.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 345, 16.12.1997, p. 1).

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any
recurrence of substantial imports at dumped prices from the
country concerned would likely lead to a recurrence of further
injury of the Community industry should measures be allowed
to lapse.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(a) Sampling

In view of the apparent number of parties 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 the People's

Republic of China

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the
company or
companies within the time limit set in point 6(b)(i)
of this notice:

following information on their

— 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 October 2001
until 30 September 2002,

— the precise activities of the company with regard to

the production of the product concerned,

C 246/10

EN

Official Journal of the European Communities

12.10.2002

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) Sampling for importers

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

— 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 October 2001 until 30 September
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
into and resales made in the Community market
until
during
30 September 2002 of
the imported product
concerned originating in the People's Republic of
China,

1 October

period

2001

the

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

In order to obtain the information it deems necessary
the
for the selection of

the sample of

importers,

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

Commission will,
associations of importers.

in addition, contact any known

(iii) Final selection of the samples

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

samples

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

after having

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

set

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation, on the
facts available.

forthcoming,

(b) 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 sampled exporters/
to any
producers
in the People's Republic of China,
association
sampled
importers, to any association of importers named in the
request or which cooperated in the investigation leading
to the measures subject to the present review, and to the
authorities of the exporting country concerned.

exporters/producers,

the

to

of

In any event, all parties should contact the Commission
forthwith by fax in order to find out whether they are
listed in the request and if necessary request a questionnaire
within the time limit set in point 6(a)(i), given that the time
limit set
this notice applies to all
interested parties.

in point 6(a)(ii) of

(c) 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)(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

In the previous investigation Norway was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China. The Commission envisages to use Norway again for
this purpose.
Interested parties are hereby invited to
comment on the appropriateness of this country within
the specific time limit set in point 6(c) of this notice.

12.10.2002

EN

Official Journal of the European Communities

C 246/11

5.2. Procedure for the assessment of Community interest

For

this

their

industry,

the Community

In accordance with Article 21 of the Basic Regulation and in
the event that the likelihood of a continuation of dumping and
injury is confirmed, a decision will be reached as to whether to
maintain or repeal the anti-dumping measures would not be
reason the
interest.
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
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.

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 who did not cooperate in the
investigation leading to the measures subject to the
present
review should request a questionnaire or
other claim forms 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 making itself known within the
aforementioned period.

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

(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 in respect of sampling

(i) The

information specified in point 5(1)(a)(i) and
5(1)(a)(ii) should reach the Commission within 15

days of the date of publication of this notice in the
Official Journal of the European Communities, given that
the Commission intends to consult parties concerned
that have expressed their willingness to be included in
the sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

(ii) All other information relevant for the selection of the
sample as referred to in point 5(1)(a)(iii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days 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 Norway which, as mentioned in point
5(1)(d) of this notice,
is envisaged as a market-economy
country for the purpose of establishing 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.

the

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
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.