Notice of initiation of an anti-dumping proceeding concerning imports of hollow sections originating in Russia and Turkey
Date: 2002-10-16
Institutions: European Commission
Subjects: Russia, Türkiye, anti-dumping legislation, import, infringement procedure (EU), originating product, section

16.10.2002

EN

Official Journal of the European Communities

C 249/5

Notice of

initiation of an anti-dumping proceeding concerning imports of hollow sections

originating in Russia and Turkey

(2002/C 249/03)

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 hollow sections, originating in Russia
and Turkey (‘countries concerned’), are being dumped and are
thereby causing material injury to the Community industry.

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 overall performance and the financial situation of the
Community industry.

1. Complaint

5. Procedure

The complaint was lodged on 2 September 2002 by the
Defence Committee of the Welded Steel Tube Industry (‘the
complainant’) on behalf of producers representing a major
the total
in this case more than 75 %, of
proportion,
Community production of hollow sections.

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.

2. Product

5.1. Procedure for the determination of dumping and injury

The product allegedly being dumped is ‘hollow sections’ and
consists of welded pipes, tubes and hollow profiles of a square
or rectangular cross-section of iron or steel with the exception
of those made of stainless steel or of a perimeter greater than
600 mm, originating in Russia and Turkey (‘the product
concerned’),
ex
7 306 60 31 and ex 7 306 60 39. These CN codes are only
given for information.

classifiable within CN codes

currently

3. Allegation of dumping

The allegation of dumping in respect of Turkey is based on a
comparison of normal value established on the basis of
domestic prices, with the export prices of
the product
concerned to the Community.

In view of provisions of Article 2(7) of the Basic Regulation,
the complainant established normal value in Russia 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, 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 margins calculated are significant
for all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Russia and Turkey have increased
overall in absolute terms and in terms of market share.

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

investigation will

The
the product
concerned originating in Russia and Turkey is being dumped
and whether this dumping has caused injury.

determine whether

(a) Sampling

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

(i) Sampling for exporters/producers in Russia and Turkey

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
and
the
following
or
non-confidential
companies within the time limit set in point 6(b)(i)
of this notice:

confidential
company

information
form on

in
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
to 30 September 2002,

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

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Official Journal of the European Communities

16.10.2002

— for

companies

claiming individual margin or
market economy status
(individual margins or
market economy status can only be claimed by
producers), the turnover in local currency and the
sales volume in tonnes for the product concerned
on the domestic market during
the period
1 October 2001 to 30 September 2002,

— the precise activities of the company with regard to

the production of the product concerned,

— 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

the

period

during
30 September 2002 of
concerned originating in Russia and Turkey,

to
the imported product

1 October

2001

— 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
for the selection of
the
in addition, contact any known
Commission will,
associations of importers.

the sample of

importers,

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 countries, 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
unrelated importers, or representatives acting on their
behalf, are hereby requested to make themselves
known to the Commission and to provide
the
following information in confidential and non-confi-
dential form on their company or companies within
the time limit set in point 6(b)(i) of this notice:

(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the 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:

— name, address, e-mail address, telephone and fax,

and/or telex numbers and contact person,

— 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 to 30 September 2002,

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

— the precise activities of the company with regard to

the production of the product concerned,

— 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

— the value in euro of sales of the product concerned
made in the Community market during the period
1 October 2001 to 30 September 2002,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 October 2001 to 30 September 2002,

(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 volume in tonnes of the production of the
product concerned during the period 1 October
2001 to 30 September 2002,

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Official Journal of the European Communities

C 249/7

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

companies (1)
selling of the product concerned,

be unduly burdensome and would prevent
completion of the investigation.

the timely

— 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

(iv) Final selection of the samples

interested parties wishing to submit any relevant
All
information regarding the selection of
the samples
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
consulted the parties
the
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

(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 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

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Turkey 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(c) of this notice.

(e) Market economy status

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 sampled Community industry and to any association of
producers in the Community, to the sampled exporters/
to any association of
producers in Russia and Turkey,
exporters/producers,
to any
association of importers named in the complaint, and to
the authorities of the exporting countries concerned.

to the sampled importers,

Exporters/producers in Russia and Turkey claiming an indi-
vidual 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
in
point 6(a)(ii) of
this notice. They therefore have to
request a questionnaire within the time limit set in point
6(a)(i) of this notice. However, such parties should be aware
that
the
if sampling is applied to exporters/producers,
Commission may nonetheless decide not to calculate an
individual margin for them,
if the number of exporters/
producers is so large that individual examination would

set

(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).

that
i.e.

evidence

For those exporters/producers in Russia who claim and
they operate under
provide
sufficient
market economy conditions,
the
they meet
that
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
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 send claim forms to all exporters/
producers in Russia who have either been included in the
sample or who have requested an individual margin as well
as to the authorities of Russia.

the Basic Regulation.

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
be against
reason the
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
concerned, may, within the general
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 preceding 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
if
supported by factual evidence at the time of submission.

to Article 21 will only be taken into account

link between their

they prove that

activity

limits

time

set

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Official Journal of the European Communities

16.10.2002

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 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’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

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)(iv) 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 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 Turkey 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 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

(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.

Commission address for correspondence:

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.