Notice regarding the product scope of the anti-dumping proceeding concerning imports of trichloroisocyanuric acid (TCCA) originating in the People's Republic of China
Date: 2004-11-20
Institutions: European Commission
Subjects: China, acid, anti-dumping legislation, chemical product, import, originating product

20.11.2004

EN

Official Journal of the European Union

C 283/3

Notice regarding the product scope of the anti-dumping proceeding concerning imports of
trichloroisocyanuric acid (TCCA) originating in the People's Republic of China

(2004/C 283/03)

On 10 July 2004, the Commission published in the Official
Journal of the European Union, a notice of initiation of an anti-
dumping proceeding concerning imports of
trichloroisocya-
nuric acid (TCCA) originating in the People's Republic of
China (1)(the product concerned).

the Commission may hear

Furthermore,
interested parties,
provided that they make a request showing that there are par-
ticular reasons why they should be heard. This request must be
made within the time limit set in paragraph 4(c) below.

1. Clarification regarding the product scope

3. Procedure for assessment of Community interest

Industry Council)
The Complainant (the European Chemical
has submitted that the questionnaires sent by the Commission
services to interested parties do not cover the full product
concerned as defined in the notice of initiation of this investiga-
tion. Therefore, the Commission considers it prudent to recall
that the product scope of the present investigation is, as set out
in the notice of initiation, covering both trichloroisocyanuric
acid (also referred to as ‘symclosene’ under the international
non-proprietary name) as well as preparations thereof, origin-
ating in the People's Republic of China, normally declared
within CN codes ex 2933 69 80 and ex 3808 40 20. These
CN codes are only given for information.

2. Procedure

Given the foregoing and the fact that the questionnaires sent
by the Commission services to interested parties in July 2004
covered only part of the product concerned as defined by the
notice of initiation, the Commission will, in order to ensure
that it obtains the full information it deems necessary for its
to the Community
investigation,
industry and to any association of producers in the Com-
munity, to the sampled exporters/producers in the People's
Republic of China, to any association of exporters/producers,
to the importers, to any association of importers named in the
the exporting country
complaint and to the authorities of
concerned.

send new questionnaires

However in view of the above, and for the avoidance of doubt,
all interested parties should contact the Commission forthwith
by fax not later than the time limit set out in paragraph 4(a)
below,
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 4(b) below applies to all such
interested parties.

Collection of information and holding of hearings

interested parties are hereby again invited to make their
All
views known, submit
information other than questionnaire
replies and to provide supporting evidence. This information
and supporting evidence has to reach the Commission within
the time limit set in paragraph 4(b) below.

The procedure for the assessment of the Community interest in
this proceeding is set out in paragraph 5.2 of the notice of
initiation which was published on 10 July 2004. This proce-
dure remains unchanged except that parties may make them-
selves known and provide the Commission with information
within the new time limit set in paragraph 4(b) below. 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-
It should be noted that any information
graph 4(c) below.
submitted pursuant
to Article 21 of Regulation (EC) No
384/96 (2)
(the basic Regulation) will only be taken into
account if supported by factual evidence at the time of submis-
sion.

4. 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 European Union.

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

their representations are to be
All
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
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.

Journal of

(1) OL C 178, 10.7.2004, p.2.

(2) OJ L 56, 6.3.1996, p.1. Regulation as last amended by Regulation

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

C 283/4

EN

Official Journal of the European Union

20.11.2004

(c) Hearings

6. Non-cooperation

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

5. 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,
telephone and fax, and/or telex numbers of the interested party.
All written submissions, including the information requested in
this notice, questionnaire replies and correspondence 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,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
parties’.

shall be

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.

It is recalled that, 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.

7. 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 (i.e. 10 July 2004) of the notice of initiation of the
proceeding in the Official
the European Union.
According to Article 7(1) of the basic Regulation, provisional
measures may be imposed no later than nine months from the
publication of the notice of initiation of the proceeding in the
Official Journal of the European Union.

Journal of

(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