Notice of initiation of an interim review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes, of iron or non-alloy steel originating in Croatia and Ukraine
Date: 2002-11-23
Institutions: European Commission
Subjects: Croatia, Ukraine, anti-dumping legislation, anti-dumping measure, import, piping, tube

23.11.2002

EN

Official Journal of the European Communities

C 288/11

Notice of initiation of an interim review of the anti-dumping measures applicable to imports of
certain seamless pipes and tubes, of iron or non-alloy steel originating in Croatia and Ukraine

(2002/C 288/04)

The Commission has received a request for an interim review
pursuant
to Article 11 (3) of Council Regulation (EC) No
384/96 (1), as last amended by Council Regulation (EC) No
1972/2002 (2)
the measures
(the Basic Regulation) of
imposed on imports of certain seamless pipes and tubes, of
iron or non-alloy steel, originating in Croatia and Ukraine.

1. Request for review

The review was requested by the Defence Committee of the
the European Union (‘the
Seamless Steel Tube Industry of
representing a major
applicant’) on behalf of producers
the total
in this case more than 75 %, of
proportion,
Community production of certain seamless pipes and tubes,
of iron or non-alloy steel.

2. Product

The products under review are:

(a) seamless pipes, of iron or non-alloy steel, of a kind used for
oil and gas pipelines, of an external diameter not exceeding
406,4 mm,

(b) seamless

tubes of

circular
non-alloy steel, cold-drawn or cold-rolled, other
precision tubes,

cross-section, of

iron or
than

(c) other tubes of circular cross-section, of iron or non-alloy
steel, other than threaded or threadable, of an external
diameter not exceeding 406,4 mm,

originating in Croatia and Ukraine (the product concerned),
ex 7304 10 10,
currently
ex 7304 10 30, 7304 31 99, 7304 39 91 and 7304 39 93.
These CN codes are given only for information.

classifiable within CN codes

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 348/2000 (3)
as last amended by Council Regulation (EC) No 1515/2002 (4)
and undertakings for Croatia accepted by Commission Decision
2000/137/EC (5).

4. Grounds for the review

The applicant alleges that dumping and injury in respect of
the existing
Croatia and Ukraine have continued and that

measures are no longer sufficient to counteract the injurious
dumping.

The allegation of continuation of dumping in respect of Croatia
is based on a comparison of a constructed normal value with
the export prices of the product concerned to the Community.

In accordance with Article 2(7) of the Basic Regulation, the
applicant has based its allegation of dumping in respect of
Ukraine on a comparison of a constructed normal value in a
market economy third country, which is mentioned in point
5.1(d) of this notice, 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 both exporting countries concerned.

The applicant has provided evidence that
the
product concerned from Croatia and Ukraine have increased
overall in absolute terms and in terms of market share.

imports of

is also alleged that

the volumes and the prices of

It
the
imported product concerned have continued, among other
consequences, to have a negative impact on the market share
held, the quantities sold and the level of prices charged by the
Community industry, resulting in substantial adverse effects on
the overall performance,
situation and the
employment situation of the Community industry.

the financial

Furthermore, it is also alleged that the form of the measures is
inappropriate to counteract the dumping which is causing the
injury.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the Basic Regulation.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 45, 17.2.2000, p. 1.
(4) OJ L 228, 24.8.2002, p. 8.
(5) OJ L 46, 18.2.2000, p. 34, as amended by Commission Decision
2002/669/EC of 5 August 2002 (OJ L 228, 24.8.2002, p. 20).

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine the likelihood of continuation
or recurrence of dumping and injury and the need for the
continuation, removal or amendment of the existing measures.

C 288/12

EN

Official Journal of the European Communities

23.11.2002

(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 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 paragraph 6(b)(i) of this notice:

that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a ques-
tionnaire within the time limit set in paragraph 6(b)(iii)
of this notice and must cooperate within the framework
of the investigation.

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,

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

and/or telex numbers and contact person,

(b) Questionnaires

— the total turnover in euro of the company during
the period 1 October 2001 to 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
the period 1 October 2001 to 30
during
September
product
of
concerned originating in Croatia and Ukraine,

imported

2002

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

the selection of

In order to obtain the information it deems necessary
for
the
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(ii) Final selection of the sample

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

The Commission intends to make the final selection of
the sample after having consulted the parties concerned

(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).

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 Croatia and Ukraine to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the request or which cooperated
in the investigation leading to the measures subject to the
the exporting
present review, and to the authorities of
countries concerned.

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 paragraph 6(a)(i), given that the
time limit set in paragraph 6(a)(ii) of this notice applies to
all interested parties.

(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 paragraph 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 paragraph
6(a)(iii) of this notice.

(d) Selection of the market economy country

In the previous investigation Croatia was used as an appro-
priate market economy country for the purpose of estab-
of Ukraine. The
lishing
value
normal
Commission envisages
this
purpose. Interested parties are hereby invited to comment
on the appropriateness of this country within the specific
time limit set in paragraph 6(c) of this notice.

in respect
to use Croatia again for

23.11.2002

EN

Official Journal of the European Communities

C 288/13

(e) Market economy status

For those exporters/producers in Ukraine 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
Exporters/producers
intending to submit duly substantiated claims must do so
within the specific time limit set in paragraph 6(d) of this
notice. The Commission will send claim forms to all
exporters/producers in Ukraine named in the request as
well as to the authorities of Ukraine.

the Basic Regulation.

5.2. Procedure for the assessment of Community interest

For

this

their

industry,

they prove that

the Community

link between their

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
and the product
objective
concerned, may, within the general
in
paragraph 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 paragraph
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

6. Time limits

(a) General time limits

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
paragraph 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 paragraph 5.1(a)(i) should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of the
the Commission
European Communities, given that
concerned that have
intends
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.

to consult parties

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(ii) 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 Croatia which,
as mentioned in
paragraph 5.1(d) of this notice, is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of Ukraine. These comments must reach
the Commission within 10 days of the date of publication
of
the European
Communities.

this notice in the Official

Journal of

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

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

forms

status

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
review should request a questionnaire or
present
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.

Duly substantiated claims for market economy status, as
mentioned in paragraph 5.1(e) of this notice, must reach
the Commission within 21 days of the date of the publi-
cation of this notice 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 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

C 288/14

EN

Official Journal of the European Communities

23.11.2002

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.

Prior notification of a concentration

(Case COMP/M.3001 — Celanese/Clariant Emulsion Business)

(2002/C 288/05)

(Text with EEA relevance)

1.
On 14 November 2002 the Commission received notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the German undertaking Celanese AG (Celanese) acquires, within the meaning of
Article 3(1)(b) of the Regulation, control of most of the emulsion business of the Swiss undertaking
Clariant AG (Clariant Emulsion) by way of purchase of shares and assets.

2.

The business activities of the undertakings concerned are:

— Celanese: is a worldwide active producer of chemicals focused on basis chemicals, acetate products,
technical plastics, polypropylene foils and food additives; Celanese also produces monomers which are
the basic components for polymer emulsions,

— Clariant Emulsion: produces dispersions/emulsions and re-dispersible powders.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.3001 — Celanese/Clariant Emulsion Business, to:

European Commission,
Directorate-General for Competition,
Directorate B — Merger Task Force,
J-70,
B-1049 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.