Notice of initiation of an anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia and of the initiation of an interim review of the anti-dumping duty on imports of certain grain oriented electrical sheets originating in Russia (also known as grain oriented cold-rolled sheets and strips of silicon-electrical steel with a width of more than 500 mm)
Date: 2004-05-28
Institutions: European Commission
Subjects: Russia, United States, anti-dumping legislation, flat product, originating product, sheet

C 144/2

EN

Official Journal of the European Union

28.5.2004

Notice of initiation of an anti-dumping proceeding concerning imports of grain oriented flat-rolled
products of silicon-electrical steel originating in the United States of America and Russia and of
the initiation of an interim review of the anti-dumping duty on imports of certain grain oriented
electrical sheets originating in Russia (also known as grain oriented cold-rolled sheets and strips of
silicon-electrical steel with a width of more than 500 mm)

(2004/C 144/02)

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 grain oriented flat-rolled
products of silicon-electrical steel, originating in the United
States of America and Russia (‘the countries concerned’), are
being dumped and are thereby causing material injury to the
Community industry.

1. COMPLAINT

Russia have increased overall 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
negative impact on the market share held and the quantities
sold by the Community industry,
resulting in substantial
adverse effects on the overall performance and the financial
situation of the Community industry.

Iron and Steel

The complaint was lodged on 13 April 2004 by the European
Confederation of
(‘the
complainant’) on behalf of producers representing a major
proportion, in this case more than 50 %, of the total Com-
munity production of grain oriented flat-rolled products of
silicon-electrical steel.

Industries

(Eurofer)

2. PRODUCT

declared within CN codes

The product allegedly being dumped is grain oriented flat-
rolled products of silicon-electrical steel originating in the
United States of America and Russia (‘the product concerned’),
normally
and
7226 1100. The product concerned includes both grain
oriented flat-rolled products of silicon-electrical steel with a
width of more than 500 mm and grain oriented flat-rolled
products of silicon-electrical steel with a width not exceeding
500 mm. These CN codes are only given for information.

7225 1100

3. ALLEGATION OF DUMPING

5. PROCEDURE

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.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the United States of America and
Russia is being dumped and whether this dumping has caused
injury.

determine whether

The allegation of dumping in respect of the United States of
America is based on a comparison of normal value established
on the basis of domestic prices, with the export prices of the
product concerned to the Community.

(a) Questionnaires

The allegation of dumping for Russia is based on a comparison
of a constructed normal value with the export prices of the
product concerned to the Community.

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

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 United States of America and Russia, to any associa-
tion of exporters/producers, to the importers, to any asso-
ciation of importers named in the complaint and to the
authorities of the exporting countries concerned.

4. ALLEGATION OF INJURY

The complainant has provided evidence that imports of the
product concerned from the United States of America and

(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.)

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in paragraph 6(a) of this notice,
in order to find out
whether they are listed in the complaint and, if necessary,
request a questionnaire, given that the time limit set in
paragraph 6(b) of this notice applies to all such interested
parties.

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Official Journal of the European Union

C 144/3

(b) Collection of information and holding of hearings

All
interested parties are hereby invited to make their
views known, submit information other than question-
naire replies and to provide supporting evidence. This
information and supporting evidence have to reach the
Commission within the time limit set in paragraph 6(b) 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(c)
of this notice.

5.2. Procedure for assessment of Community interest

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(b) of this notice, make themselves
known and provide the Commission with information. The
parties which have acted in conformity with the precedent
sentence may request a hearing setting the particular reasons
why they should be heard within the time limit set in para-
graph 6(c) of this notice. It should be noted that any informa-
tion submitted pursuant to Article 21 will only be taken into
account if supported by factual evidence at the time of submis-
sion.

6. TIME LIMITS

(a)

For parties to request a questionnaire

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 Euro-
pean Union.

(b)

For parties to make themselves known, to submit questionnaire
replies and any other information

interested parties,

All
if their representations are to be
taken into account during the investigation, must make
themselves 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 Journal of 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.

(c) 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

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 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-COOPERATION

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.

(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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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.

10. REVIEW OF EXISTING MEASURES

By Council Regulation (EC) No 151/2003 (1) a definitive anti-
dumping duty was imposed on imports of certain grain
oriented electrical sheets originating in Russia, also known as
grain oriented cold-rolled sheets and strips of silicon-electrical
steel with a width of more than 500 mm and falling within
CN codes 7225 11 00 (sheets of a width of 600 mm or more)
and 7226 11 10 (sheets of a width of more than 500 mm
but less than 600 mm) (2).

Should it be determined that measures are to be imposed on
grain oriented flat-rolled products of silicon-electrical steel
originating in Russia in the proceeding initiated by the present
notice, and thus cover grain oriented cold-rolled sheets and
strips of silicon-electrical steel with a width of more than
500 mm, the continued imposition of the measures imposed
by Council Regulation (EC) No 151/2003 will be no longer
appropriate, and Regulation (EC) No 151/2003 would have to
be amended or repealed accordingly. Therefore, an interim
review should be opened as regards Regulation (EC) No
151/2003 in order to allow any amendment or repeal neces-
sary in the light of the investigation initiated by the present
notice.

Therefore, the Commission hereby initiates, pursuant to Article
11(3) of the basic Regulation, an interim review of Regulation
(EC) No 151/2003. The provisions set out in points 5, 6, 7 and
8 of the notice, apply mutatis mutandis to this interim review.

(1) OJ L 25, 30.1.2003, p. 7.
(2) As of 1 January 2004, CN code 7226 11 10 has been replaced by

CN code ex 7226 11 00.