Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in Thailand
Date: 2004-04-21
Institutions: European Commission
Subjects: Thailand, anti-dumping measure, import, originating product, piping

C 96/38

EN

Official Journal of the European Union

21.4.2004

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain tube or pipe fittings, of iron or steel, originating, inter alia, in Thailand

(2004/C 96/04)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC)
No 384/96 (1) (‘the basic Regulation’).

export prices of the product concerned to the Community. On
this basis,
dumping margin calculated would be
significantly higher than the dumping found in the previous
investigation that led to the existing duty rate.

the

1. REQUEST FOR REVIEW

The request was lodged by the Defence Committee of the Steel
the European Union on
Butt-Welding Fittings Industry of
behalf of four Community producers (‘the applicant’).

The request is limited in scope to the examination of dumping
as far as Thai Benkan Co. Ltd is concerned.

2. PRODUCT

The product under review is tube or pipe fittings (other than
cast fittings, flanges and threaded fittings), of iron or steel (not
including stainless steel), with a greatest external diameter not
exceeding 609,6 mm, of a kind used for butt-welding or other
purposes, originating in Thailand (the ‘product concerned’),
normally
ex 7307 93 11,
ex 7307 93 19,
ex 7307 99 30 and ex 7307 99 90. These
codes are given only for information.

declared within

CN codes

3. EXISTING MEASURES

The measure currently in force for Thai Benkan Co. Ltd is a
definitive anti-dumping duty imposed by Council Regulation
(EC) No 964/2003 (2) on imports of certain tube or pipe
fittings, of iron or steel, originating, inter alia, in Thailand, as
amended by Council Regulation (EC) No 2212/2003 (3).

4. GROUNDS FOR THE REVIEW

The request pursuant to Article 11(3) is based on the prima
facie evidence, provided by the applicant, that, as far as Thai
Benkan Co. Ltd is concerned, the circumstances with regard to
dumping have changed significantly.

The applicant alleges that the existing measure on imports of
the product under review from Thai Benkan Co. Ltd is no
longer sufficient to counteract the dumping which is causing
injury. The allegation of
increased dumping is based on a
comparison of Thai Benkan Co. Ltd's domestic prices with its

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

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

(2) OJ L 139, 6.6.2003, p. 1.
(3) OJ L 332, 19.12.2003, p. 3.

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
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
Thai Benkan Co. Ltd and to the Thai authorities. 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) 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's making itself
known within the aforementioned period.

Journal of

21.4.2004

EN

Official Journal of the European Union

C 96/39

(b) Hearings

Commission address for correspondence:

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). 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’ (1) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
labelled ‘For
a non-confidential version, which will be
inspection by interested parties’.

(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

European Commission
Directorate General for Trade
Directorate B
Office: J-79, 5/16
B-1049 Brussels
Belgium
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 co-operate, or co-operates only partially, and
findings are therefore based on facts available in accordance
with Article 18, the result may be less favourable to the party
than if it had cooperated.

Final report of the Hearing Officer in case COMP/E.1/36.212 — Carbonless Paper

(prepared under Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the
terms of referene of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001,
p. 21))

(2004/C 96/05)

(Text with EEA relevance)

The right of the undertakings to be heard has been respected. The procedure has progressed in due form
for both written and oral phases, during which parties have been heard in the hearing of 28 March 2001.

On this occasion, it appeared that evidence of the infringements as described in the statement of objections
was insufficient for the last part of the period 1992-1997.

In these circumstances, in calculating the fine, the Directorate General for Competition draw the necessary
conclusions regardig the duration of the infringements as suggested by the Hearing Officer. As a result, the
i.e. until September 1995.
fine has been calculated on the basis of elements showing clear evidence,

Done at Brussels, 5 December 2001.

Serge DURANDE