Notice of initiation of an anti-dumping proceeding concerning imports of styrene-butadiene-styrene thermoplastic rubber originating in the Republic of Korea and Russia
Date: 2004-05-28
Institutions: European Commission
Subjects: Russia, South Korea, anti-dumping legislation, originating product, synthetic rubber

28.5.2004

EN

Official Journal of the European Union

C 144/5

Notice of initiation of an anti-dumping proceeding concerning imports of styrene-butadiene-
styrene thermoplastic rubber originating in the Republic of Korea and Russia

(2004/C 144/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1) (‘the basic Regu-
lation’), alleging that imports of styrene-butadiene-styrene ther-
moplastic rubber, originating in the Republic of Korea and
Russia (‘the countries concerned’), are being dumped and are
thereby causing material injury to the Community industry.

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 perfor-
mance, the financial situation and the employment situation of
the Community industry.

1. Complaint

5. Procedure

The complaint was lodged on 13 April 2004 by the European
Chemical Industry Council (CEFIC) (‘the complainant’) on behalf
the total Community
of producers representing 100 % of
production of styrene-butadiene-styrene thermoplastic rubber.

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

2. Product

The product allegedly being dumped is styrene-butadiene-
styrene thermoplastic rubber originating in the Republic of
Korea and Russia (‘the product concerned’), normally declared
within CN codes
and
ex 4002 19 00,
ex 4002 99 90. These CN codes are only given for informa-
tion.

ex 4002 99 10

3. Allegation of dumping

The allegation of dumping in respect of the Republic of Korea
and Russia is based on a comparison of normal value estab-
lished on the basis of domestic prices, with the export prices of
the product concerned when sold for export
to the Com-
munity.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the Republic of Korea and Russia have
increased overall both in absolute terms and in terms of market
share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the Republic of Korea and Russia is
being dumped and whether this dumping has caused injury.

determine whether

(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.

(i)

S a mpli ng for i mpor t e r s

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:

(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).

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

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Official Journal of the European Union

28.5.2004

— 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
imported product
31 March 2004, of
concerned originating in the Republic of Korea
and in Russia,

the

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

— 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,

exporters/producers,
to any
association of importers named in the complaint, and to
the authorities of the exporting countries concerned.

to the sampled importers,

interested parties should contact

In any event, all
the
Commission forthwith by fax in order to find out whether
they are listed in the complaint and, if necessary, request a
questionnaire within the time limit set in paragraph 6(a)(ii)
of this notice, given that the time limit set in paragraph
6(a)(iii) of this notice applies to all interested parties.

(c) Collection of information and holding of hearings

interested parties are hereby invited to make their
All
views known, submit information other than questionnaire
replies and to provide supporting evidence. This informa-
tion and supporting evidence has to 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
in paragraph
must be made within the time limit set
6(a)(iii) of this notice.

5.2. Procedure for assessment of Community interest

(ii)

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

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
of
the sample after having consulted the parties
concerned that have expressed their willingness to be
included in the sample.

Companies included in the samples 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 the Republic of Korea and Russia, to any association of

(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).

and

representative

In accordance with Article 21 of the basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not be
against the Community interest. For this reason the Community
industry, importers, their representative associations, represen-
consumer organisations,
tative users
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) of this notice, make themselves
known and provide the Commission with information. The
parties which have acted in conformity with the preceding
sentence may request a hearing setting out
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 should request a questionnaire
as soon as possible, but not later than 15 days after
the publication of this notice in the Official Journal of
the European Union.

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Official Journal of the European Union

C 144/7

(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.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
paragraph 6(b)(iii) of this notice.

(iii) H e a r i ng s

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.

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

8. Non-cooperation

(b) Specific time limit in respect of sampling

(i)

information specified in paragraph 5.1(a)(i)
The
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.

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

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, and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union. According to Article 7(1) of the basic Regulation, provi-
sional measures may be imposed no later than 9 months from
the publication of this notice in the Official Journal of the Euro-
pean Union.

(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