Notice of initiation of an expiry review of the antidumping measures applicable to imports of furfuraldehyde originating in the People's Republic of China
Date: 2003-12-18
Institutions: European Commission
Subjects: China, anti-dumping measure, chemical alcohol, chemical compound, import, originating product

C 308/2

EN

Official Journal of the European Union

18.12.2003

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
furfuraldehyde originating in the People's Republic of China

(2003/C 308/02)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of
furfur-
aldehyde originating in the People's Republic of China,
(‘country concerned’), the Commission has received a request
for review pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 (2) as last amended by Council Regulation (EC) No
1972/2002 (3) (‘the basic Regulation’).

1. Request for review

The request was lodged on 22 September 2003 by Furfural
Español SA (‘the applicant’) on behalf of producers representing
a major proportion, in this case more than 25 %, of the total
Community production of furfuraldehyde.

2. Product

The product under review is 2-furaldehyde (also known as
People's
furfural) originating
furfuraldehyde
Republic of China (‘the product concerned’), currently clas-
sifiable within CN code 2932 12 00. This CN code is given
only for information.

in the

or

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2722/1999 (4).

4. Grounds for the 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.

In view of the provisions of Article 2(7) of the basic Regu-
lation, the applicant established normal value for the People's
Republic of China on the basis of the price in an appropriate
market economy country, which is mentioned in paragraph
this notice. The allegation of continuation of
5.1(d) 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
under the inward processing regime.

On this basis, the dumping margin calculated is significant.

With regard to the recurrence of dumping it is also alleged that
the exports to other third countries, i.e. Thailand and Japan, are
made at dumped prices.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
the product concerned is likely to increase due to the
of
existence of unused capacity in the country concerned.

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any

(1) OJ C 72, 26.3.2003, p. 2.
(2) OJ L 56, 6.3.96, p. 1.
(3) OJ L 305, 7.11.2002, p. 1.
(4) OJ L 328, 22.12.99, p. 1.

recurrence of substantial imports at dumped prices from the
country concerned would likely lead to a recurrence of further
injury of the Community industry should measures be allowed
to lapse.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) 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.

(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 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
following information, in limited and non-limited form
on their company or companies within the time limit
set in paragraph 6(b)(i) and in the formats indicated in
paragraph 7 of this notice:

— 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 2002
to 30 September 2003,

— the turnover in local currency and the sales volume
in tonnes for the product concerned to other third
countries during the period 1 October 2002 to 30
September 2003,

— the precise activities of the company with regard to
the production of the product concerned and the
the
the product concerned,
volume in tonnes of
production
in
investments
and
capacity
production capacity during the period 1 October
2002 to 30 September 2003,

the

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

companies (1)
selling (export and/or domestic) of
concerned,

in
request a questionnaire within the time limit
paragraph 6(a)(i) of this notice, given that the time limit
set
to all
interested parties.

in paragraph 6(a)(ii) of

this notice applies

set

— any other relevant information that would assist the

Commission in the selection of the sample,

(c) Collection of information and holding of hearings

— an indication of whether the company or companies
agree to their inclusion in the sample, which implies
replying to a questionnaire
and accepting an
on-the-spot investigation of their response.

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.

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 authorities
of the exporting country, and any known associations of
exporters/producers.

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.

(ii) Final selection of the sample

(d) Selection of the market economy country

interested parties wishing to submit any relevant
the sample
in paragraph

All
information regarding the selection of
must do so within the time limit set
6(b)(ii) of this notice.

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample 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.

forthcoming,

sufficient co-operation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
to the party concerned, as
be less advantageous
explained in paragraph 8 of this notice.

(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/
to any
in the People's Republic of China,
producers
association of exporters/producers,
to
any association of
importers named in the request or
which co-operated in the investigation leading to the
measures subject to the present review, and to the auth-
orities of the exporting country concerned.

to the importers,

In any event, all
Commission forthwith by fax in order
whether they are listed in the request and,

interested parties should contact

the
to find out
if necessary,

(1) 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).

In the previous investigation Argentina 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
Argentina 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.

5.2. Procedure for the assessment of Community interest

they prove that

link between their

the Community interest. For

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 determination will be made as to
whether to maintain or repeal
the anti-dumping measures
this
would not be against
reason the Community industry, importers, their representative
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
concerned, may, within the general
in
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 previous 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

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

interested parties who did not co-operate in the
All
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 Union.

this notice in the Official

Journal of

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Official Journal of the European Union

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(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 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 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) should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of 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
the European
Union.

Journal of

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(ii) 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 Argentina which, as mentioned in

paragraph 5.1(d) of this notice, is envisaged as a market-
economy country for the purpose of establishing 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 Union.

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’ (1) 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

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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of the
best facts available is made, the result may be less favorable to
the party than if it had cooperated.

(1) 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