Notice of initiation of an anti-dumping proceeding concerning imports of certain tube or pipe fittings originating in Taiwan and Vietnam
Date: 2004-08-11
Institutions: European Commission
Subjects: Taiwan, anti-dumping legislation, piping

11.8.2004

EN

Official Journal of the European Union

C 203/5

Notice of initiation of an anti-dumping proceeding concerning imports of certain tube or pipe
fittings originating in Taiwan and Vietnam

(2004/C 203/04)

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 certain tube or pipe fittings,
originating in Taiwan and Vietnam (the countries concerned),
are being dumped and are thereby causing material injury to
the Community industry.

4. Allegation of injury

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

1. Complaint

The complaint was lodged on 28 June 2004 by the Defence
Committee of the Steel Butt-Welding Fittings Industry of the
European Union (the complainant) on behalf of producers
representing a major proportion, in this case more than 50 %,
of the total Community production of certain tube or pipe
fittings.

2. Product

The product allegedly being dumped 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 Taiwan and Vietnam
(the product concerned), normally declared within CN codes
7307 93 11, 7307 93 19, 7307 99 30 and 7307 99 90. These
CN codes are only given for information.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the quantities sold by the Community
industry, resulting in substantial adverse effects on the overall
performance, the financial situation and the employment situa-
tion of the Community industry.

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 Taiwan and Vietnam is being dumped
and whether this dumping has caused injury.

determine whether

3. Allegation of 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.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for Vietnam on the
basis of the price in a market economy third country, which is
mentioned in point 5.1(d) of this notice. The allegation of
dumping is based on a comparison of normal value, thus calcu-
lated, with the export prices of the product concerned when
sold for export to the Community.

On this basis, the dumping margins calculated are significant.

(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 mp li ng for e x p o r te r s/ p r odu c e r s i n T a i w a n

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the following information on their company or compa-
nies within the time limit set in point 6(b)(i) and in the
format indicated in point 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

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— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period from 1 July
2003 to 30 June 2004,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period from 1 July
2003 to 30 June 2004,

for

— whether the company intends to claim an indivi-
(individual margins can only be

dual margin (1)
claimed by producers),

— the precise activities of the company with regard to

the production of the product concerned,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (2)
selling (export and/or domestic) of
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 sample of exporters/producers
in Taiwan, the Commission will, in addition, contact
the authorities of Taiwan, and any known associations
of exporters/producers.

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period from 1 July 2003 to 30 June
2004 of the imported product concerned origin-
ating in Taiwan and Vietnam,

— the names and the precise activities of all related
involved in the production and/or

companies (2)
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 asso-
ciations of importers.

the sample of

importers,

(ii) Sa mp li ng for i mp or te r s

(iii) F i na l se le c ti on of t h e sa mp le 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 to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the format indicated in point
7 of this notice:

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

and/or telex numbers and contact person,

— the total turnover in euro of the company during
the period from 1 July 2003 to 30 June 2004,

(1) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample, Article
9(5) of the basic Regulation concerning individual treatment in
cases involving non-market economy countries, and Article 2(7)(b)
of the basic Regulation for companies claiming market economy
status. Note that claims for individual treatment necessitate an appli-
cation pursuant to Article 9(5) of the basic Regulation and that
claims regarding market economy status necessitate an application
pursuant to Article 2(7)(b) of the basic Regulation.

(2) 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).

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

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
of this notice and must cooperate within the frame-
work of the investigation.

sufficient co-operation is not

the
If
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available.

forthcoming,

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

exporters/producers

in Taiwan,

(i) E x p or t e r s/ p r odu c e r s i n Vi e tna m

All such interested parties should contact the Commis-
sion forthwith by fax, but not later than the time limit
set out in point 6(a)(i) 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 point 6(a)(ii) of this notice applies to all
such interested parties.

economy third country for the purpose of establishing
normal value in respect of Vietnam. Interested parties are
hereby invited to comment on the appropriateness of this
choice within the specific time limit set in point 6(c) of this
notice.

(e) Market economy status

For those exporters/producers in Vietnam who claim and
provide sufficient evidence that they operate under market
i.e. that they meet the criteria laid
economy conditions,
down in Article 2(7)(c) of the basic Regulation, normal
value will be determined in accordance with Article 2(7)(b)
of the basic Regulation. Exporters/producers intending to
submit duly substantiated claims must do so within the
specific time limit set in point 6(d) of this notice. The
Commission will send claim forms to all exporters/produ-
cers in Vietnam who have either been included in the
sample or named in the complaint and to any association
of exporters/producers named in the complaint, as well as
to the authorities of Vietnam.

(ii) E x p or t e r s/ p r odu c e r s
ma r g i n i n Ta i w a n

c la i mi ng a n i ndi vi du a l

5.2. Procedure for assessment of Community interest

Exporters/producers in Taiwan claiming an individual
margin, with a view to the application of Articles 17(3)
and 9(6) of
the basic Regulation, must submit a
completed questionnaire within the time limit set in
point 6(a)(ii) of this notice. They therefore have to
request a questionnaire within the time limit set in
point 6(a)(i) of
such parties
should be aware that if sampling is applied to expor-
ters/producers, the Commission may nonetheless decide
not to calculate an individual margin for them, if the
number of exporters/producers is so large that indivi-
dual examination would be unduly burdensome and
would prevent the timely completion of the investiga-
tion.

this notice. However,

(c) Collection of information and holding of hearings

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 Com-
munity industry,
importers, their representative associations,
representative users and representative consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in point 6(a)(ii) of this notice, make
themselves known and provide the Commission with informa-
tion. 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
point 6(a)(iii) of this notice. It should be noted that any infor-
mation submitted pursuant to Article 21 will only be taken
into account if supported by factual evidence at the time of
submission.

submit

All interested parties are hereby invited to make their views
known,
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 point 6(a)(ii) of this notice.

information other

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 point 6(a)(iii) of
this notice.

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 on nai r e or

oth e r c la i m for ms

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Japan as an appropriate market

All interested parties should request a questionnaire or
other claim forms as soon as possible, but not later
than 10 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

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(ii) F or p a r ti e s t o ma ke th e mse lve s know n,

t o
su bmi t q u e st i on n a i r e r e p l i e s a n d a n y oth e r
i nfor ma ti on

(c) Specific time limit
economy country

for the selection of

the market

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
the European Union, unless otherwise specified.
of
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.

Companies selected in a sample must submit question-
naire replies within the time limits specified in point
6(b)(iii) of this notice.

Parties to the investigation may wish to comment on the
appropriateness of Japan which, as mentioned in point
5.1(d) of this notice,
is envisaged as a market economy
country for the purpose of establishing normal value in
respect of Vietnam. These comments must
reach the
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Union.

(d) Specific time limit for submission of claims for market

economy status and/or individual treatment

Duly substantiated claims for market economy status, as
mentioned in point 5.1(e) of this notice and/or for indivi-
dual treatment pursuant to Article 9(5) of the basic Regu-
lation, must reach the Commission within 21 days of the
date of the publication of this notice in the Official Journal
of the European Union.

(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.

7. Written submissions, questionnaire replies and corre-

spondence

(b) Specific time limit in respect of sampling

(i) The

should

concerning

information specified in point 5.1(a)(i) and
5.1(a)(ii)
reach the
samples
Commission within 15 days of the date of publication
of this notice in the Official Journal of the European
Union, given that the Commission intends to consult
parties 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.

(ii) All other information relevant for the selection of the
sample as referred to in point 5.1(a)(iii) 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.

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.

(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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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,
favourable to that party than if it had cooperated.

the result may be less

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 nine months
from the publication of this notice in the Official Journal of the
European Union.