Notice of initiation of an anti-dumping proceeding concerning imports of certain stainless steel cold-rolled flat products originating in the United States of America
Date: 2002-12-17
Institutions: European Commission
Subjects: United States, anti-dumping legislation, dumping, flat product, import, originating product, plate, steel

17.12.2002

EN

Official Journal of the European Communities

C 314/3

Notice of initiation of an anti-dumping proceeding concerning imports of certain stainless steel
cold-rolled flat products originating in the United States of America

(2002/C 314/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 1972/2002 (2)
(the Basic Regu-
lation), alleging that imports of certain stainless steel cold-rolled
flat products, originating in the United States of America
(country concerned), are being dumped and are thereby
causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 4 November 2002 by the
European Confederation of Iron and Steel Industries (Eurofer)
(the complainant) on behalf of producers representing a major
the total
in this case more than 80 %, of
proportion,
Community production of certain stainless steel cold-rolled
flat products.

2. Product

The product allegedly being dumped is chromium-ferritic steel,
containing less than 0,15 % of carbon and 10,5 % or more and
18 % or less of chromium, flat rolled, not further worked than
cold-rolled, of stainless steel containing by weight less than
2,5 % of nickel in the standardised grades AISI 409/409L (EN
1.4512), AISI 441 (EN 1.4509) and AISI 439 (EN 1.4510)
originating in the United States of America (‘the product
ex
concerned’),
7219 31 00, ex 7219 32 90, ex 7219 33 90, ex 7219 34 90,
ex 7219 35 90, ex 7220 20 10, ex 7220 20 39, ex 7220 20 59
and ex 7220 20 99. These CN codes are only given for
information.

classifiable within CN codes

currently

5. Investigation period

that

to the initiation of

The investigation period for dumping covers the period from 1
January 2002 to 31 December 2002. Article 6(1) of the Basic
the investigation period should
Regulation stipulates
normally end immediately prior
the
proceeding. However, given the particular circumstances of
this case, the Commission considered that it was more appro-
priate to select an investigation period coinciding with the
calendar year 2002. According to the information available
to the Commission,
the calendar year corresponds to the
fiscal year of most Community producers, which facilitates
the collection of data and subsequent verifications. Moreover,
orders in the Community industry of this sector are normally
on an annual basis and price fluctuations can be quite
significant. For these reasons, and furthermore taking into
account that the present investigation is initiated almost at
the end of the year 2002,
it was considered appropriate to
use data of the calendar year, rather than the 12 months
immediately prior to the initiation.

6. Procedure

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.

3. Allegation of dumping

6.1. Procedure for the determination of dumping and injury

The allegation of dumping in respect of the United States of
America 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.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

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

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
effects on the overall
resulting
adverse
situation and the employment
performance,
situation of the Community industry.

in substantial

the financial

(1) OJ L 56, 6.3.1996, p.1.
(2) OJ L 305, 7.11.2002, p.1.

investigation will

The
the product
concerned originating in the United States of America is
being dumped and whether this dumping has caused injury.

determine whether

(a) 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 exporters/producers
in the United States of America,
to any association of
exporters/producers, to the importers, to any association
of importers named in the complaint, and to the authorities
of the exporting country concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in paragraph 7(a) of
in order to find out
this notice,
whether they are listed in the complaint and, if necessary,
request a questionnaire, given that the time limit set in
paragraph 7(b) of this notice applies to all such interested
parties.

C 314/4

EN

Official Journal of the European Communities

17.12.2002

(b) 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 paragraph 7(b) 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 7(c) of
this notice.

6.2. 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
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
objective
and the product
concerned, may, within the time limits set in paragraph 7(b)
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
this
It should be noted that any information submitted
notice.
if
to Article 21 will only be taken into account
pursuant
supported by factual evidence at the time of submission.

in paragraph 7(c) of

link between their

they prove that

activity

7. Time limits

(a) For parties to request a questionnaire

All interested parties should request a questionnaire as soon
as possible, but not later than 15 days after the publication
of
the European
Communities.

this notice in the Official

Journal of

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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.

(c) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40 day time limit.

8. 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 Brussel
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

9. 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.

10. 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
this notice in the Official
months from the publication of
Journal of the European Communities.