Commission Regulation (EC) No 661/2004 of 7 April 2004 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People's Republic of China by imports of coumarin consigned from India and from Thailand, whether declared as originating in India or Thailand or not, and making such imports subject to registration
Date: 2004-04-07
Institutions: European Commission
Subjects: China, India, Thailand, anti-dumping measure, chemical compound, import, originating product

8.4.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 661/2004

of 7 April 2004

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the
People's Republic of China by imports of coumarin consigned from India and from Thailand,
whether declared as originating in India or Thailand or not, and making such imports subject to
registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

C. EXISTING MEASURES

Having regard to the Treaty establishing the European
Community,

(5)

The measures currently in force and possibly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 769/2002 (2).

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1)
(the
basic Regulation), and in particular Articles 13(3) and 14(5)
thereof,

After having consulted the Advisory Committee,

(6)

Whereas:

D. GROUNDS

The request contains sufficient prima facie evidence that
the anti-dumping measures on imports of coumarin
originating in the People's Republic of China are being
circumvented by means of transhipment via India and
via Thailand.

A. REQUEST

(7)

The evidence available is as follows:

(1)

(2)

(3)

(4)

The Commission has received a request, pursuant to
Article 13(3) of the basic Regulation, to investigate the
possible circumvention of the anti-dumping measures
imposed on imports of coumarin originating in the
People's Republic of China.

The request was lodged on 24 February 2004 by the
European Chemical Industry Council (CEFIC) on behalf
of the sole producer representing 100 % of the Com-
munity production of coumarin.

B. PRODUCT

normally

The product concerned by the possible circumvention is
coumarin,
CN code
declared
ex 2932 21 00 (the product concerned) originating in
the People's Republic of China. This CN code is given
for information only.

under

The product under investigation is coumarin consigned
from India and from Thailand (the product under inves-
tigation) normally declared under the same CN code as
the product concerned originating in the People's
Republic of China.

The request shows that a significant change in the
pattern of
trade involving exports from the People's
Republic of China, India and Thailand to the Community
has taken place following the imposition of measures on
imports of coumarin originating in the People's Republic
of China, and that there appears to be insufficient due
cause or justification other than the imposition of the
duty for such a change. This change in the pattern of
transhipment of
trade appears
coumarin originating in the People's Republic of China
via India and via Thailand.

to stem from the

Furthermore, the request contains sufficient prima facie
evidence that the remedial effects of the existing anti-
dumping measures on imports of coumarin originating
in the People's Republic of China are being undermined
both in terms of quantity and price. Significant volumes
of imports of the product concerned from India and
Thailand appear to have replaced imports of coumarin
originating in the People's Republic of China. In addi-
tion, there is sufficient evidence that this increase in
imports is made at prices well below the non-injurious
led to the
price established in the investigation that
existing measures.

the

request

Finally,
contains
facie
evidence that the prices of the product under investiga-
tion are dumped in relation to the normal value
previously established for coumarin originating in the
People's Republic of China.

sufficient prima

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(2) OJ L 123, 9.5.2002, p. 1. Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1).

(8)

(9)

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Official Journal of the European Union

8.4.2004

Should circumvention practices via India or via Thailand
covered by Article 13 of the basic Regulation, other than
transhipment, be identified in the course of the investi-
gation, the investigation may cover these practices also.

in
ested parties, provided that
writing and show that there are particular reasons why
they should be heard.

they make a request

E. PROCEDURE

(c) Exemption of registration of imports or measures

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
the basic
an investigation pursuant
Regulation and to make imports of coumarin consigned
from India and from Thailand, whether declared as
originating in India or Thailand or not, subject to regis-
tration,
in accordance with Article 14(5) of the basic
Regulation.

to Article 13 of

(13)

Since the possible circumvention of the measures in
force takes place outside the Community, exemptions
may be granted, in accordance with Article 13(4) of the
basic Regulation, to producers of the product concerned
that can show that they are not related to any producer
subject to the measures and that are found not to be
engaged in circumvention practices as defined in Article
13(1) and (2) of the basic Regulation. Producers wishing
to obtain an exemption should submit a request duly
supported by evidence within the time limits indicated
in Article 3(3) of this Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send question-
naires to the exporters/producers and to the associations
of exporters/producers in India and Thailand,
to the
exporters/producers and to the associations of exporters/
to the
producers in the People's Republic of China,
importers and to the associations of importers in the
Community which cooperated in the investigation that
led to the existing measures or which are listed in the
request, and to the authorities of the People's Republic
Information, as appro-
India and Thailand.
of China,
priate, may also be sought
from the Community
industry.

(10)

In any event all
interested parties should contact the
Commission forthwith, but not later than the time limit
set in Article 3 of this Regulation, in order to find out
whether they are listed in the request and, if necessary,
in
request a questionnaire within the time limit set
Article 3(1) of this Regulation, given that the time limit
set in Article 3(2) of this Regulation applies to all inter-
ested parties.

(11)

The authorities of the People's Republic of China, India
and Thailand will be notified of the initiation of the
investigation.

F. REGISTRATION

(14)

to Article 14(5) of

Pursuant
the basic Regulation,
imports of the product under investigation should be
made subject to registration in order to ensure that,
should the investigation result in findings of circumven-
tion, anti-dumping duties of an appropriate amount can
be levied retroactively from the date of registration of
coumarin consigned from India and from Thailand.

G. TIME LIMITS

(15)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit questionnaire replies or any other informa-
tion to be taken into account during the investiga-
tion,

— producers in India and in Thailand may request
exemption from registration of imports or measures,

— interested parties may make a written request to be

heard by the Commission.

(b) Collection of information and holding of hearings

(12) All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence. Furthermore, the Commission may hear inter-

(16) 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 time
limits mentioned in Article 3 of this Regulation.

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H. NON-COOPERATION

Article 3

(17)

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

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

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Council Regulation (EC) No 384/96, in order to determine if
imports into the Community of coumarin falling within CN
code
ex 2932 21 00 (TARIC codes 2932 21 00 11 and
2932 21 00 15) consigned from India and from Thailand,
whether originating in India or Thailand or not, are circum-
venting the anti-dumping measures imposed by Council Regu-
lation (EC) No 769/2002 on imports of coumarin originating
in the People's Republic of China.

Article 2

1.
Questionnaires should be requested from the Commission
within 15 days of publication of this Regulation in the Official
Journal of the European Union.

2.
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 in
writing and submit questionnaire replies or any other informa-
tion within 40 days from the date of the publication of this
Regulation in the Official Journal of the European Union, unless
otherwise specified.

Producers in India and in Thailand requesting exemption
3.
from registration of
imports or measures should submit a
request duly supported by evidence within the same 40-day
time limit.

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time limit.

5.
Any information relating to the matter, any request for a
hearing or for a questionnaire as well as any request for author-
isation of certificates of non-circumvention must be made in
writing (not in electronic format, unless otherwise specified)
and must indicate the name, address, e-mail address, telephone,
fax and/or telex numbers of the interested party. All written
submissions, including the information requested in this Regu-
lation, questionnaire replies and correspondence provided by
interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘For inspection by interested
parties’.

shall be

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877

The Customs authorities are hereby directed, pursuant to Arti-
cles 13(3) and 14(5) of Regulation (EC) No 384/96, to take the
appropriate steps to register the imports into the Community
identified in Article 1 of this Regulation.

Article 4

Registration shall expire nine months following the date of
entry into force of this Regulation.

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

The Commission, by regulation, may direct customs authorities
to cease registration in respect of imports into the Community
of products manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant 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 Implementation of Article
VI of the GATT 1994 (anti-dumping agreement).

the Council

It

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 April 2004.

For the Commission

Pascal LAMY

Member of the Commission