Notice of initiation of an anti-dumping proceeding concerning imports of okoumé plywood originating in the People's Republic of China
Date: 2003-08-19
Institutions: European Commission
Subjects: China, anti-dumping legislation, import, originating product, wood product

19.8.2003

EN

Official Journal of the European Union

C 195/3

Notice of initiation of an anti-dumping proceeding concerning imports of okoumé plywood
originating in the People's Republic of China

(2003/C 195/03)

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 okoumé plywood, originating
in the People's Republic of China (country concerned), are
being dumped and are thereby causing material injury to the
Community industry.

1. Complaint

The complaint was lodged on 7 July 2003 by the European
Federation of the Plywood Industry (FEIC) (the complainant) on
behalf of producers representing a major proportion,
in this
case more than 50 %, of the total Community production of
okoumé plywood.

2. Product

The product allegedly being dumped is plywood consisting
solely of sheets of wood, each ply not exceeding 6 mm
thickness, with at least one outer ply of okoumé originating
in the People's Republic of China (the product concerned),
normally declared within CN code ex 4412 13 10. This CN
code is only given for information.

3. Allegation of dumping

the complainant established normal value for

In view of the provisions of Article 2(7) of the basic Regu-
lation,
the
People's Republic of China on the basis of the price in a
market economy country, which is mentioned in paragraph
5.1(d) of this notice. The allegation of dumping is based on
a comparison of normal value, thus calculated, with the export
prices of the product concerned when sold for export 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 People's Republic of China have
in absolute terms and in terms of market
increased overall
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 and the quantities
resulting in substantial
sold by the Community industry,
the financial
adverse effects on the overall performance,
the Community
situation and the employment situation of
industry.

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

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.

5.1. Procedure for the determination of dumping and injury

investigation will

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

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 17 of the basic Regu-
lation.

(i) Sampling for

exporters/producers

in the People's

Republic of China

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)
and in the formats indicated in point 7 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
cubic metres of the product concerned sold for
export
to the Community during the period 1
July 2002 to 30 June 2003,

— the turnover in local currency and the sales volume
in cubic metres for the product concerned on the
domestic market during the period 1 July 2002 to
30 June 2003,

— whether the company intends to claim an indi-
vidual margin (3) (individual margins can only be
claimed by producers),

— the precise activities of the company with regard to

the production of the product concerned,

(3) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample, article
9(5) of the basic Regulation concerning individual treatment in
cases involving non market economy countries, and article 2(7)(b)
of the basic Regulation for companies claiming market economy
status. Note that claims for individual
treatment necessitate an
application pursuant to Article 9(5) of the basic Regulation and
that claims
regarding market economy status necessitate an
application pursuant to Article 2(7)(b) of the basic Regulation.

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Official Journal of the European Union

19.8.2003

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

companies (4)
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

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 Community producers

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

The selection of the sample will be based on the largest
representative volume of production and sales of the
Community industry which can be reasonably inves-
tigated within the time available.

In order to obtain the information necessary for the
selection of the sample of Community producers, the
Commission will contact associations of Community
producers and/or individual Community producers.

(iii) Final selection of the samples

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.

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 cooperate within the
framework of the investigation.

sufficient co-operation is not

the
If
Commission may base its
in accordance
with Articles 17(4) and 18 of the basic Regulation,
on the facts available.

forthcoming,

findings,

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association

(4) 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).

of producers in the Community, to the sampled exporters/
to any
producers
in the People's Republic of China,
association of exporters/producers,
to
any association of importers named in the complaint, and
to the authorities of the exporting countries concerned.

to the importers,

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
if sampling is applied to
parties should be aware that
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

submit
to
and

information other

All interested parties are hereby invited to make their views
than questionnaire
known,
replies
This
information and supporting evidence has to reach the
Commission within the time limit set in point 6(a)(ii) of
this notice.

supporting

evidence.

provide

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) Selection of the market economy country

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

(e) Market economy status

For those exporters/producers in the People's Republic of
China who 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 specific time limit set in point
this notice. The Commission will send claim
6(d) of
forms to all exporters/producers in the People's Republic
of China who have either been included in the sample or
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.

19.8.2003

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Official Journal of the European Union

C 195/5

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.
pursuant
if
to Article 21 will only be taken into account
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 claim forms

All interested parties should request a questionnaire or
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 Union.

(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 (including the substantiated
claims for individual treatment pursuant to Article 9(5)
of the basic Regulation) within 40 days of the date of
publication of this notice in the Official Journal of the
European Union, 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 limits 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 point 5.1(a)(i)
reach
samples

concerning

should

5.1(a)(ii)

and
the

Journal of

Commission within 15 days of the date of publication
of this notice in the Official
the European
Union, 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 Union.

(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 Union.

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 Morocco which, as mentioned in point
5.1(d) of this notice,
is envisaged as a market-economy
country for the purpose of establishing normal value in
People's Republic of China. These
respect of
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Union.

the

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

status

Duly substantiated claims for market economy status, as
mentioned in point 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
including the information
party). All written submissions,
requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (5) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
a non-confidential version, which will be
labelled ‘For
inspection by interested parties’.

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

(5) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996 p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

is a confidential document pursuant

the Council

It

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Official Journal of the European Union

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8. 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.

If an interested party does not cooperate, or cooperates only
partially, the result may be less favourable to the party than if
it had cooperated.

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
Union. 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 Union.

Non-opposition to a notified concentration

(Case COMP/M.3149 — Procter & Gamble/Wella)

(2003/C 195/04)

(Text with EEA relevance)

On 30 July 2003 the Commission decided not to oppose the above notified concentration and to declare it
compatible with the common market. This decision is based on Article 6(2) of Council Regulation (EEC)
No 4064/89. The full text of the decision is only available in English and will be made public after it is
cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 303M3149. CELEX

is the computerised documentation system of European Community law.

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