Notice of initiation of an interim review of the anti-dumping measures applicable to imports of styrene-butadiene-styrene thermoplastic rubber originating in Taiwan
Date: 2004-05-28
Institutions: European Commission
Subjects: Taiwan, anti-dumping legislation, exchange of information, originating product, synthetic rubber

28.5.2004

EN

Official Journal of the European Union

C 144/9

Notice of initiation of an interim review of the anti-dumping measures applicable to imports of
styrene-butadiene-styrene thermoplastic rubber originating in Taiwan

(2004/C 144/05)

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

1. Request for review

The request was lodged by the European Chemical Industry
Council (CEFIC) (‘the applicant’) on behalf of producers repre-
senting 100 % of the total Community production of styrene-
butadiene-styrene thermoplastic rubber.

2. Product

The product under review is styrene-butadiene-styrene thermo-
plastic rubber originating in Taiwan (‘the product concerned’),
ex 4002 19 00,
currently
ex 4002 99 10 and ex 4002 99 90. These CN codes are only
given for information.

classifiable within CN codes

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1993/2000 (2).

5. Procedure

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

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether or not
there is
dumping and injury and if there is a need for the continuation,
removal or amendment of the existing measures.

(a) Sampling

In view of the apparent large number of parties involved
in this proceeding, the Commission may decide to apply
sampling in accordance with Article 17 of the basic Regu-
lation.

4. Grounds for the review

(i)

S a mpli ng for i mpor t e r s

The applicant alleges that dumping and injury has recurred and
that the existing measures are no longer sufficient to counteract
the injurious dumping.

The allegation of dumping in respect of Taiwan is based on a
comparison of normal value, established on the basis of
domestic prices, with the export prices of
the product
concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significantly
higher than the dumping margin found in the previous investi-
gation that led to the existing measures.

the
The applicant has provided evidence that
product concerned from Taiwan have increased overall both in
absolute terms and in terms of market share.

imports of

is also alleged that

the volumes and the prices of

the
It
imported product concerned have continued, among other
consequences, to have a negative impact on the market share
held, the quantities sold and the level of prices charged by the
Community industry, resulting in substantial adverse effects on
the overall performance, the financial situation and the employ-
ment situation of the Community industry.

(1) OJ L 56, 6.3.96, p. 1, as last amended by Council Regulation (EC)

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

(2) OJ L 238, 22.9.2000, p. 4.

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf,
are hereby requested to make themselves known by
contacting the Commission and to provide the
following information on their company or compa-
nies within the time limit set in paragraph 6(b)(i) and
in the format 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 euro of the company during the
period from 1 April 2003 to 31 March 2004,

— the total number of employees,

— the precise activities of the company with regard

to the product concerned,

— the volumes in tonnes and value in euro of
imports into and resales made in the Community
market during the period from 1 April 2003 to
31 March 2004, of
imported product
concerned originating in Taiwan,

the

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EN

Official Journal of the European Union

28.5.2004

— the names and the precise activities of all related
companies (1) involved in the production and/or
selling of the product concerned,

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

— any other relevant information that would assist
the Commission in the selection of the sample,

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

In order to obtain the information it deems necessary
for the selection of
the
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(ii)

F i na l se le c ti on of t h e sa mp le

All interested parties wishing to submit any relevant
information regarding the selection of
the sample
must do so within the time limit set in paragraph
6(b)(ii) of this notice.

The Commission intends to make the final selection
the sample after having consulted the parties
of
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 cooperate within the
framework of the investigation.

the
If sufficient co-operation is not
Commission may base its findings,
in accordance
with Articles 17(4) and 18 of the basic Regulation,
on the facts available.

forthcoming,

(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 exporters/producers
in Taiwan, to any association of exporters/producers, to
the sampled importers, to any association of importers
named in the request or which co-operated in the investi-
gation leading to the measures subject
to the present
review, and to the authorities of the exporting country
concerned.

In any event, all
the
Commission forthwith by fax in order to find out whether
they are listed in the request and, if necessary, request a

interested parties should contact

(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).

(c) 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 informa-
tion and supporting evidence must reach the Commission
within the time limit set in paragraph 6(a)(ii) 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(a)(iii) of this notice.

5.2. Procedure for the assessment of Community interest

repeal

to maintain, amend or

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
the anti-dumping
measures would not be against the Community interest. For
this reason the Community industry, importers, their represen-
representative users and representative
tative associations,
consumer organisations, provided that they prove that there is
an objective link between their activity and the product
concerned, may, within the time limits set in paragraph 6(a)(ii)
this notice, make themselves known and provide the
of
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 submitted pursuant to Article
21 will only be taken into account if supported by factual
evidence at the time of submission.

6. Time limits

(a) General time limits

(i)

For p ar ti e s to r e q u e st a q u e sti onnai r e

All interested parties who did not co-operate in the
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 this notice in the Official Journal of the Euro-
pean Union.

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Official Journal of the European Union

C 144/11

(ii)

F or p a r ti e s to ma ke t h e mse lve s know n,
t o
su bmi t qu e sti onnai r e r e p li e s and a ny oth e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must
make themselves known by contacting the Commis-
sion, 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 speci-
fied. Attention is drawn to the fact that the exercise
of most procedural rights set out in the basic Regu-
lation depends on the party's making itself known
within the aforementioned period.

(iii) H e a r i ng s

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
the European Union, given that the Commission
of
intends
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
Journal of the European Union.

to consult parties

(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 this notice in the Official Journal of the Euro-
pean Union.

(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.

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 correspon-
dence 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 co-operation

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, find-
ings, 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 co-operate, or co-operates only partially, and findings
are therefore based on fact available in accordance with Article
18 of the basic Regulation, the result may be less favourable to
that party than if it had co-operated.

(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