Notice of initiation of an expiry and 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 Poland, Russia, the Czech Republic, Romania and the Slovak Republic
Date: 2002-11-23
Institutions: European Commission
Subjects: Central and Eastern Europe, Russia, anti-dumping duty, anti-dumping legislation, import, piping, tube

C 288/2

EN

Official Journal of the European Communities

23.11.2002

Notice of initiation of an expiry and 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 Poland,
Russia, the Czech Republic, Romania and the Slovak Republic

(2002/C 288/02)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain
seamless pipes and tubes, of iron or non-alloy steel originating
in Poland, Russia, the Czech Republic, Romania and the Slovak
Republic (‘countries concerned’), the Commission has received
a request for review pursuant to Article 11(2) and 11(3) of
Council Regulation (EC) No 384/96 (2), as last amended by
Regulation (EC) No 1972/2002 (3) (‘the Basic Regulation’).

1. Request for review

The request was lodged on 23 August 2002 by the Defence
Committee of the seamless steel tube industry of the European
Union (‘the applicant’) on behalf of producers representing a
major proportion, in this case more than 75 %, of the total
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

(‘the product concerned’), originating in Poland, Russia, the
Czech Republic, Romania and the Slovak Republic, currently
classifiable within CN codes ex 7304 10 10, ex 7304 10 30,
7304 31 99 and 7304 39 91 and 7304 39 93. These CN codes
are given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 2320/97 (4),
as last amended by Regulation (EC) No 190/2000 (5) and
undertakings accepted by Commission Decision 97/790/EC (6)
and Commission Decision 2000/70/EC (7).

(1) OJ C 51, 26.2.2002, p. 12.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 305, 7.11.2002, p. 1.
(4) OJ L 322, 25.11.1997, p. 1.
(5) OJ L 23, 28.1.2000, p. 1.
(6) OJ L 322, 25.11.1997, p. 63.
(7) OJ L 23, 28.1.2000, p. 78.

4. Grounds for the review

4.1. Grounds for the expiry review

is based on the grounds that

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

The allegation of continuation of dumping in respect of the
Czech Republic 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.

The allegation of continuation of dumping in respect of Poland,
Romania and the Slovak Republic 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
Russia on a comparison of the price 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 all exporting countries concerned.

The complainant has provided evidence that imports of the
product concerned from Poland, Russia, the Czech Republic,
Romania and the Slovak Republic have increased overall
in
absolute terms and in terms of market share.

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

the applicant alleges

imports at dumped prices

that any recurrence of
In addition,
substantial
from the countries
concerned would likely lead to a recurrence of further injury
to the Community industry should measures be allowed to
lapse.

4.2. Grounds for the interim review

The request pursuant to Article 11(3) is based on the grounds
that the form and level of the measures are inappropriate to
counteract the dumping which is causing the injury.

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Official Journal of the European Communities

C 288/3

Notwithstanding the existence of measures, dumping margins
still appear substantial and it seems that the measures were not
sufficient to eliminate injury. In addition, it seems that certain
measures in the form of undertakings may have contributed to
the lack of efficiency of the measures. These undertakings took
the form of a price agreement up to a certain annual volume
threshold and an ad-valorem duty for the volumes above that
threshold.

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

companies (8)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
the Commission hereby
expiry and an interim review,
initiates a review in accordance with Article 11(2) and 11(3)
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 and the need for the
continuation, removal or amendment of the existing measures.

(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 Russia

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
to 30 September 2002,

— if

the company intends to claim an individual
margin (individual margins can only be claimed
by producers), the turnover in local currency and
the
the product
in tonnes
concerned on the domestic market during the
period 1 October 2001 to 30 September 2002,

sales volume

for

— 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-
the exporting country and any known
orities of
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 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
product
September
of
the
concerned originating
Czech Republic, Romania and the Slovak Republic,

the
imported
in Poland, Russia,

2002

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

companies (8)
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— the precise activities of the company with regard to

the production of the product concerned,

(8) 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).

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Official Journal of the European Communities

23.11.2002

— 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
Commission will,
in addition, contact any known
association of importers.

the sample of

importers,

(iii) Final selection of the samples

All interested parties wishing to submit any relevant
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
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/
producers in Russia, to the exporters/producers in Poland,
the Czech Republic, Romania and the Slovak Republic, 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 present review, and to the
authorities of the exporting 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 point 6(a)(i), given that the time
limit set
this notice applies to all
interested parties.

in point 6(a)(ii) of

in Russia

Exporters/producers
claiming an individual
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 set 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 if sampling
the Commission may
is applied to exporters/producers,

if

nonetheless decide not to calculate an individual margin
the number of exporters/producers is so
for them,
large
examination would be unduly
that
burdensome and would prevent the timely completion of
the investigation.

individual

(c) 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)(ii) 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)(iii) of
this notice.

(d) Calculation of normal value for Russian exporters/producers

from Russia on the Czech Republic for

In the previous investigation the Czech Republic was used
as an appropriate market economy country for the purpose
of establishing normal value in respect of Russia. The
Community industry based its assessment of dumping by
the
imports
purposes of the request. However, since the entry into
force of Regulation (EC) No 1972/2002 amending the
Basic Regulation, normal value for Russian exporters and
producers is in this investigation to be established in
accordance with the provisions of Article 2(1) to (6) of
the Basic Regulation. As it may be considered appropriate
to apply sampling in this instance, normal value for
Russian exporters/producers shall therefore be established
in accordance with Article 2(1) to (6), subject to Articles 17
and 9(6) of the Basic Regulation.

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
organisations, provided that
there is an
and the product
objective
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

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Official Journal of the European Communities

C 288/5

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(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
specified.
European Communities, unless otherwise
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 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 points 5(1)(a)(i) and
should reach the Commission
this
the date of publication of
European
the Commission intends to

5(1)(a)(ii)
samples
within 15 days of
notice
the Official
in
Communities, given that

Journal

the

of

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
the European
Communities.

Journal of

(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 from the date
of the notification of their inclusion in the sample.

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.

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.