Notice of initiation of an interim review of the anti-dumping measures applicable to imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of China
Date: 2002-12-11
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, coke, import, originating product

C 308/2

EN

Official Journal of the European Communities

11.12.2002

Notice of initiation of an interim review of the anti-dumping measures applicable to imports of
coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of
China

(2002/C 308/02)

The Commission has received a request for an interim review
pursuant
to Article 11(3) of Commission Decision No
2277/96/ECSC (1) which further to Article 1(3) of Council
Regulation (EC) No 963/2002 (2) will be treated according to
Article 11(3) of Council Regulation (EC) No 384/96 (3)
(the
Basic Regulation).

1. Request for review

The request was lodged by Eucoke-EEIG (the applicant) on
behalf of producers representing a major proportion of the
total Community production of coke of coal in pieces with a
diameter of more than 80 mm.

2. Product

The product under review is coke of coal in pieces larger than
80 mm in maximum diameter originating in the People's
Republic of China (the product concerned), currently clas-
sifiable within CN code ex 2704 00 19. This CN code is
given only for information.

As mentioned in recitals 6 and 7 of Commission Decision
2730/2000/ECSC imposing definitive anti-dumping measures
on coke of coal
in pieces with a diameter of more than
80 mm originating in the People's Republic of China (4), the
product concerned is a combustion agent for the use in cupola
ovens for the production of cast iron, stone wool, or melting of
zinc and lead and is also commonly known as ‘foundry coke’. It
is suitable for use in cupola ovens due to its combustion heat
and inner strength, which makes it more resistant.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Commission Decision No 2730/2000/ECSC.

4. Grounds for the review

The applicant alleges that dumping in respect of the People's
Republic of China has continued and even increased. In view of
the provisions of Article 2(7) of the Basic Regulation,
the
applicant established normal value for the People's Republic
the price in a market economy
of China on the basis of
country, which is mentioned in paragraph 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.

(1) OJ L 308, 29.11.1996, p. 11, as last amended by Commission

Decision No 435/2001/ECSC (OJ L 63, 3.3.2001, p. 14.)

(2) OJ L 149, 7.6.2002, p. 3, as amended by Regulation (EC) No

1310/2002 (OJ L 192, 20.7.2002, p. 9).

(3) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(4) OJ L 316, 15.12.2000, p. 30.

On this basis, the dumping margin calculated is significant.

Furthermore, the applicant alleges that the existing measures
are no longer sufficient to counteract the injurious effects of
dumping.

The applicant has provided evidence that
the
product concerned from the People's Republic of China have
increased overall
in absolute terms and in terms of market
share, and that they undercut the prices of the Community
industry.

imports of

is also alleged that

the volumes and the prices of

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

financial

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.

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.

(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
Republic of China

exporters/producers

in the People's

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
company or
the
following information on their
in paragraph
companies within the time limit set
6(b)(i) of this notice:

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

and/or telex numbers and contact person,

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Official Journal of the European Communities

C 308/3

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period from 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),

— for companies claiming an individual margin or

market economy status,

— the legal

form of

the company (e.g.

joint
venture, wholly foreign-owned, State owned,
collectively owned, company limited by shares,
etc.),

— if applicable, the list of shareholders owning
more than 5 % of the shares or the value of
the
the period from 1
October 2001 to 30 September 2002, and

company during

— the status of the shareholders,

i.e. whether a
private person or a company (Chinese or
and whether privately
foreign nationality),
local
or
State-owned
owned,
regional authorities,

owned

by

— for companies claiming market economy status,

— the turnover in local currency and the sales
volume in tonnes for the product concerned
on the domestic market during the period
from 1 October 2001 to 30 September 2002,

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 paragraph 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 from 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
during the period from 1 October 2001 to 30
September
product
concerned originating in the People's Republic of
China,

imported

2002

the

of

— the legal form, the ownership and the share-
holders of the company's main raw materials
suppliers,

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

companies (5)
selling of the product concerned,

— the precise activities of the company with regard to

the production of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

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

companies (5)
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

— 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,

(iii) Final selection of the samples

(5) 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).

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.

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Official Journal of the European Communities

11.12.2002

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 set in paragraph
6(b)(iii) of this notice and must co-operate within the
framework of the investigation.

sufficient co-operation is not

the
If
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
to any
in the People's Republic of China,
sampled
association
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 paragraph 6(a)(i), given that the
time limit set in paragraph 6(a)(ii) of this notice applies to
all interested parties.

Exporters/producers
in the People's Republic of China
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the Basic Regu-
lation, must submit a completed questionnaire within the
time limit set in paragraph 6(a)(ii) of this notice. They
therefore have to request a questionnaire within the time
limit set in paragraph 6(a)(i) of this notice. However, such
parties should be aware that
if sampling is applied to
exporters/producers,
the Commission may nonetheless
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

(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 the United States of America
was used as an appropriate market economy country for
the purpose of establishing normal value in respect of the
People's Republic of China. The Commission envisages to
use the United States of America again for 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.

(e) Market economy status

For those exporters/producers in the People's Republic of
China 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
the Basic Regulation. Exporters/
producers intending to submit duly substantiated claims
must do so within the
in
paragraph 6(d) of this notice. The Commission will send
claim forms to all exporters/producers in the People's
Republic of China who have either been included in the
sample or who have requested an individual margin as well
as to the authorities of the People's Republic of China.

specific

limit

time

set

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
interest.
reason the
against
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
objective
and the product
in
concerned, may, within the general
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

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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's making itself known within the
aforementioned period.

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) 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 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.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in paragraph 5.1(d) of this notice, is envisaged
as a market-economy country for the purpose of estab-
lishing normal value in respect of the 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.

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

status

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 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
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.