Notice of initiation of a partial interim review of the antidumping measures applicable to imports of tungsten carbide and fused tungsten carbide originating in the People's Republic of China
Date: 2004-03-31
Institutions: European Commission
Subjects: China, anti-dumping measure, import, originating product, tungsten

C 81/8

EN

Official Journal of the European Union

31.3.2004

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of tungsten carbide and fused tungsten carbide originating in the People's Republic of China

(2004/C 81/06)

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’).

to the Chinese authorities. This information and supporting
evidence should reach the Commission within the time
limit set in point 6(a) of this notice.

1. Request for review

The request was lodged by Eurometaux (‘the applicant’).

2. Product

The product under
review is tungsten carbide and fused
tungsten carbide originating in the People's Republic of
China (‘the product concerned’), normally declared within CN
code 2849 90 30. This CN code is given only for information.

3. Existing measures

The anti-dumping measures currently in force are a definitive
duty imposed by Council Regulation (EC) No 771/1998 (3) on
imports of
tungsten carbide and fused tungsten carbide
originating in the People's Republic of China.

4. Grounds for the review

The applicant has provided information that the scope of the
the
existing measure is no longer sufficient
dumping which is causing injury.

to counteract

The applicant alleges that a new product type has appeared on
the market which should be included in the scope of the
measures on the grounds
the same basic
that
physical, chemical characteristics and end uses as the product
covered by the measures. Both the product concerned and the
new product
type should therefore be considered a single
product.

shares

it

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited
in scope to the definition of the product concerned.

The investigation will assess the need for the amendment of the
scope of the existing measure.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
exporting producers in the People's Republic of China and

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 111, 9.4.1998, p. 1.

(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) 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 6(b) of
this notice.

6. Time limits

(a) 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
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 making itself known
within the aforementioned period.

Journal of

(b) 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 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,
the interested
telephone and fax, and/or telex numbers of
party). All written submissions,
including the information
requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (4) 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’.

(4) 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

31.3.2004

EN

Official Journal of the European Union

C 81/9

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 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.