Notice of initiation of an anti-dumping proceeding concerning imports of stainless steel fasteners and parts thereof originating in the People's Republic of China, Indonesia, Malaysia, the Philippines, Taiwan, Thailand and Vietnam
Date: 2004-08-24
Institutions: European Commission
Subjects: China, Indonesia, Malaysia, Philippines, Taiwan, Thailand, Viet Nam, anti-dumping legislation, manufactured goods, originating product, steel

C 212/2

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Official Journal of the European Union

24.8.2004

Notice of initiation of an anti-dumping proceeding concerning imports of stainless steel fasteners
Indonesia, Malaysia,
and parts

thereof originating in the People's Republic of China,

the Philippines, Taiwan, Thailand and Vietnam

(2004/C 212/02)

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 stainless steel fasteners and
parts thereof originating in the People's Republic of China,
the Philippines, Taiwan, Thailand and
Indonesia, Malaysia,
Vietnam (the countries concerned), are being dumped and are
thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 15 July 2004 by the European
Industrial Fastener Institute (EiFi) (the complainant) on behalf of
producers representing a major proportion of the total Com-
munity production of stainless steel fasteners and parts thereof.

2. Product

The product allegedly being dumped is stainless steel fasteners
and parts thereof, i.e. bolts, nuts and screws of stainless steel
which are used to mechanically join two or more elements
originating in the People's Republic of China,
Indonesia,
Malaysia, the Philippines, Taiwan, Thailand and Vietnam (the
concerned), normally declared within CN codes
product
7318 12 10,
7318 15 51,
7318 15 61, 7318 15 70 and 7318 16 30. These CN codes are
only given for information.

7318 14 10,

7318 15 30,

3. Allegation of dumping

The allegation of dumping in respect of Malaysia, Taiwan and
Thailand 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.

The allegation of dumping for Indonesia and the Philippines is
based, in the absence of sufficient sales in the domestic market,
on a comparison of a constructed normal value with the export
prices of the product concerned to the Community.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for the People's
Republic of China and Vietnam on the basis of the price in a
market economy 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 calculated, with the export
prices of the product concerned when sold for export to the
Community.

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

(1) OJ L 56, 6.3.1996, p. 1.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China, Indo-
nesia, Malaysia, the Philippines, Taiwan, Thailand and Vietnam
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 level of prices charged by the Com-
munity industry, resulting in substantial adverse effects on the
financial situation, capacity utilisation and employment 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 the People's Republic of China, Indo-
nesia, Malaysia, the Philippines, Taiwan, Thailand and Vietnam
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 mp li n g

for

e x p or t e r s/ p r odu c e r s

i n

t h e

P e op le ' s R e p u b li c of Ch i na a nd Ta 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:

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

and/or telex numbers and contact person,

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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 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 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, 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,
the Commission will, in addition, contact the authori-
ties of the exporting countries, and any known associa-
tions of exporters/producers.

— 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 1 July 2003 to 30 June 2004 of
the imported product concerned originating in the
People's Republic of China, Indonesia, Malaysia, the
Philippines, Taiwan, Thailand and Vietnam,

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

companies
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

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 formats 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 1 July 2003 to 30 June 2004,

— the total number of employees,

(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).

(iii) S a mp li ng for Commu ni ty p r odu c e r s

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in point 6(b)(i)
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 1 July 2003 to 30 June 2004,

— the precise activities of the company with regard to

the production of the product concerned,

— the value in euro of sales of the product concerned
made in the Community market during the period
1 July 2003 to 30 June 2004,

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— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 July 2003 to 30 June 2004,

(i) E x p or te r s/ p r odu c e r s

i n In don e si a , M a la y si a ,

the Philippine s, Thai la nd and Vie tnam

— the volume in tonnes of the production of the
product concerned during the period 1 July 2003
to 30 June 2004,

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

companies
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.

(iv) F i na l se le c ti on of th 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 point 6(b)(ii) of this
notice.

samples

The Commission intends to make the final selection of
consulted the parties
the
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 cooperation is not

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

forthcoming,

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
if
out whether they are listed in the complaint and,
necessary, request a questionnaire, given that the time
limit set in point 6(a)(ii) of this notice applies to all
such interested parties.

(ii) E x p or te r s/ p r odu c e r s

c la i mi ng a n i ndi vi du a l
ma r g i n i n th e Pe op l e 's R e p u b li c o f Ch i n a a nd
T a i w a n

Exporters/producers in the People's Republic of China
and 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 question-
naire 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 this notice.
However, such parties should be aware that if sampling
is applied to exporters/producers, the Commission may
nonetheless decide not
to calculate an individual
margin for them, if the number of exporters/producers
is so large that individual examination would be unduly
burdensome and would prevent the timely completion
of the investigation.

(c) Collection of information and holding of hearings

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.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in the People's Republic of China and Taiwan, to
the exporters/producers in Indonesia, Malaysia, the Philip-
pines, Thailand and Vietnam, to any association of expor-
ters/producers, to the sampled importers, to any association
of importers named in the complaint, and to the authorities
of the exporting countries concerned.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose India as an appropriate market
economy country for the purpose of establishing normal
value in respect of the People's Republic of China and
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.

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(e) Market economy status

For those producers in the People's Republic of China and
Vietnam who claim and provide sufficient evidence that
they operate under market economy conditions,
i.e. that
they meet the criteria laid 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.
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
producers in the People's Republic of China and Vietnam
who have either been included in the sample or named in
the complaint and to any association of exporters/produ-
cers named in the complaint, as well as to the authorities
of the People's Republic of China and Vietnam.

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-
tative users
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.

6. Time limits

(a) General time limits

(i) F o r p a r t i e s

t o r e q u e st a q u e st i on n a i r e or

o t h e r cla i m for m s

All interested parties should request a questionnaire or
claim form as soon as possible, but not later than 10
days after the publication of this notice in the Official
Journal of the European Union.

(ii) or p a r ti e s

to ma ke th e mse lv e 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

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.

(iii) He 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 point 5.1(a)(i), 5.1(a)(ii)
and 5.1(a)(iii) concerning samples should reach the
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 5.1(a)(iv) 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.

(c) Specific time limit
economy country

for the selection of

the market

Parties to the investigation may wish to comment on the
India which, as mentioned in point
appropriateness of
is envisaged as a market-economy
5.1(d) of this notice,
country for the purpose of establishing normal value in
respect of the People's Republic of China and 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

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

Duly substantiated claims for market economy status (as
mentioned in point 5.1(e) of this notice) and/or individual
treatment pursuant to Article 9(5) of the basic Regulation
must reach the Commission within 15 days of the date
publication of this notice in the Official Journal of the Euro-
pean Union.

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7. Written submissions, questionnaire replies and corre-

8. Non-cooperation

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,
telephone and fax, and/or telex numbers of
the interested
including the information
party). All written submissions,
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.

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