Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of silicon carbide originating in the Ukraine
Date: 2004-01-07
Institutions: European Commission
Subjects: Ukraine, anti-dumping measure, import, originating product, semi-metal

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EN

Official Journal of the European Union

7.1.2004

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of silicon carbide originating in the Ukraine

(2004/C 3/03)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1), as last amended by Council Regulation (EC) No
1972/2002 (2) (‘the basic Regulation’).

interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation limited
in scope to the examination of dumping as far as the applicant
is concerned.

1. REQUEST FOR REVIEW

The request was lodged by Zaporozhsky Abrasivny Combinat
(‘the applicant’), an exporter from the Ukraine.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the sole applicant.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. PRODUCT

The product under review is silicon carbide originating in the
Ukraine (‘the product concerned’), currently classifiable within
CN code 2849 20 00. This CN code is given only for
information.

3. EXISTING MEASURES

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1100/2000 (3) on
imports of silicon carbide originating in the Ukraine.

4. GROUNDS FOR THE REVIEW

The request pursuant to Article 11(3) is based on the prima
facie evidence, provided by the applicant,
the circum-
stances on the basis of which measures were established have
changed and that these changes are of lasting nature.

that

The applicant alleges,
inter alia, that the circumstances with
regard to market economy status have changed significantly.
Furthermore, the applicant has provided evidence showing that
a comparison of normal value based on its own cost/domestic
prices and its export prices
to a third country market
comparable
to the EU, would lead to a reduction of
dumping significantly below the level of the current measure.
Therefore, the continued imposition of measures at the existing
levels, which were based on the level of dumping previously
established, is no longer necessary to offset dumping.

5. PROCEDURE FOR THE DETERMINATION OF DUMPING

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 125, 26.5.2000, p. 3.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
applicant and to the authorities of
the exporting country
concerned. This information and supporting evidence should
reach the Commission within the time limit set in point 6(a) of
this notice.

(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 must reach the Commission within the
time limit set in paragraph 6(a)(i) of this notice.

the Commission may hear

Furthermore,
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)(ii)
of this notice.

(c) Market economy status

In the event that the applicant provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets 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. For
this purpose, a duly substantiated claim must be submitted
within the specific time limit set in paragraph 6(c) of this
notice. The Commission will
send a claim form to the
applicant as well as to the authorities of the Ukraine.

(d) Selection of the market economy country

In the event that the applicant may not be granted market
economy status an appropriate market economy country for
the purpose of establishing normal value in respect of the
Ukraine will be used. The Commission envisages
to use
Brazil again for this purpose as was done in the previous
investigation.
to
parties
comment on the appropriateness of this country within the
specific time limit set in paragraph 6(b) of this notice.

Interested

invited

hereby

are

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Official Journal of the European Union

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6. TIME LIMITS

(a) General time limits

Commission within 21 days of the date of publication of this
notice in the Official Journal of the European Union.

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

tionnaire replies and any other information

if

interested parties,

All
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
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

Journal of

(ii) Hearings

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

7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND
CORRESPONDENCE

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

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

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Brazil which, as mentioned in paragraph
5.1(d) of
is envisaged as a market-economy
the purpose of establishing normal value in
country for
respect of
reach the
the Ukraine. These comments must
Commission within 10 days of the date of publication of this
notice in the Official Journal of the European Union.

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

Duly substantiated claims
for market economy status, as
mentioned in paragraph 5.1(c) of this notice, must reach the

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 favourable
than if it had cooperated.