Notice of initiation of an anti-dumping proceeding concerning imports of sodium cyclamate originating in the People's Republic of China and Indonesia
Date: 2002-12-19
Institutions: European Commission
Subjects: China, Indonesia, anti-dumping legislation, import, organic chemical, originating product

19.12.2002

EN

Official Journal of the European Communities

C 318/7

Notice of initiation of an anti-dumping proceeding concerning imports of sodium cyclamate
originating in the People's Republic of China and Indonesia

(2002/C 318/04)

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 1972/2002 (2)
(‘the Basic Regulation’),
alleging that imports of sodium cyclamate, originating in the
(‘countries
People's Republic
concerned’), are being dumped and are thereby causing
material injury to the Community industry.

of China

Indonesia

and

1. Complaint

The complaint was lodged on 4 November 2002 by Productos
Aditivos SA (‘the complainant’) on behalf of the sole producer
the Community
in the Community representing 100 % of
production of sodium cyclamate.

and the level of prices charged by the Community industry,
effects on the overall
resulting
adverse
performance and the financial situation of
the Community
industry.

in substantial

5. 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.

2. Product

5.1. Procedure for the determination of dumping and injury

The product allegedly being dumped is sodium cyclamate orig-
inating in the People's Republic of China and Indonesia (‘the
product concerned’), currently classifiable within CN code ex
2929 90 00. This CN code is only given for information.

investigation will

The
the product
concerned originating in the People's Republic of China and
Indonesia is being dumped and whether this dumping has
caused injury.

determine whether

3. Allegation of dumping

(a) Questionnaires

The allegation of dumping in respect of Indonesia 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 for the People's
Republic of China on the basis of
the price in a market
economy country, which is mentioned in point 5(1)(c) 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.

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 People's Republic of China and Indonesia and 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 countries concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 6(a)(i) of this notice, in order to find out whether
they are listed in the complaint and, if necessary, request a
questionnaire, given that the time limit set in point 6(a)(ii)
of this notice applies to all such interested parties.

4. Allegation of injury

(b) Collection of information and holding of hearings

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China and
Indonesia 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

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

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.

C 318/8

EN

Official Journal of the European Communities

19.12.2002

(c) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose Indonesia as an appropriate market
economy country for the purpose of establishing normal
the People's Republic of China.
value in respect of
Interested parties are hereby invited to comment on the
appropriateness of
this choice within the specific time
limit set in point 6(b) of this notice.

(d) 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
the Basic Regulation. Exporters/
with Article 2(7)(b) of
producers intending to submit duly substantiated claims
must do so within the specific time limit set in point 6(c)
of this notice. The Commission will send claim forms to all
exporters/producers
in the People's Republic of China
named in the complaint and to any association of
exporters/producers named in the complaint, as well as to
the authorities of the People's Republic of China.

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
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 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
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 point 6(a)(iii) of

link between their

they prove that

activity

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.

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.

(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 for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of Indonesia which, as mentioned in point
5(1)(c) of this notice,
is envisaged as a market-economy
country for the purpose of establishing normal value in
respect of
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.

the

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

status

Duly substantiated claims for market economy status, as
mentioned in point 5(1)(d) of this notice, must reach the
Commission within 21 days of the date of publication of
this notice in the Official Journal of the European Communities.

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

8. Non-cooperation

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,

19.12.2002

EN

Official Journal of the European Communities

C 318/9

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.

Commission communication in the framework of the implementation of Directive 94/25/EC of the
European Parliament and of the Council of 16 June 1994 in relation to recreational craft (1)

(2002/C 318/05)

(Text with EEA relevance)

(Publication of titles and references of European harmonised standards under the Directive)

ESO (*)

Reference and title of the standard

Reference document

Reference of the
superseded standard

Date of cessation of
presumption of conformity
of the superseded standard
Note 1

CEN

craft — Windows,

hatches,
Small
deadlights and doors — Strength and watertightness
requirements (ISO 12216:2002)

portlights,

EN ISO 12216:2002

None

—

(*) ESO (European standardisation organisation):

— CEN: rue de Stassart/Stassartstraat 36, B-1050 Brussels; tel. (32-2) 550 08 11, fax (32-2) 550 08 19 (http://www.cenorm.be);
— Cenelec: rue de Stassart/Stassartstraat 35, B-1050 Brussels; tel. (32-2) 519 68 71, fax (32-2) 519 69 19 (http://www.cenelec.org);
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis Cedex, tel. (33-4) 92 94 42 00, fax (33-4) 93 65 47 16 (http://www.etsi.org).

Note 1: Generally the date of cessation of presumption of conformity will be the date of withdrawal (dow), set by the European
standardisation organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases
this can be otherwise.

(1) OJ L 164, 30.6.1994, p. 15.