Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain aluminium foil originating in Russia
Date: 2004-11-23
Institutions: European Commission
Subjects: EU control, European Commission, Russia, aluminium, anti-dumping legislation, dumping, originating product, plate

23.11.2004

EN

Official Journal of the European Union

C 285/3

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain aluminium foil originating in Russia

(2004/C 285/03)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1) (the basic Regulation).

1. Request for review

The request was lodged by Open Joint Stock Company Rusal
Sayanal (the applicant), an exporter from Russia.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation limited in
scope to the examination of dumping as far as the applicant is
concerned.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant.

2. Product

(a) Questionnaires

The product under review is aluminium foil of a thickness of
not less than 0,009 mm and not more than 0,018 mm, not
backed, not further worked than rolled, in reels of a width not
exceeding 650 mm originating
(the product
concerned), normally declared within CN code ex 7607 11 10.
This CN code is given only for information.

in Russia

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the applicant and to the authorities of the exporting
country concerned. This
information and supporting
evidence should reach the Commission within the time
limit set in point 6(a) of this notice.

(b) Collection of information and holding of hearings

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 950/2001 (2) on
imports of aluminium foil originating, inter alia, in Russia.

4. Grounds for the review

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 must reach the Commission
within the time limit set in paragraph 6(a) 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 paragraph 6(b)
of this notice.

The request pursuant to Article 11(3) is based on the prima
facie evidence that the circumstances on the basis of which
measures were established have changed and that these changes
are of a lasting nature.

6. Time limits

The applicant alleges and provides evidence showing that a
comparison of normal value based on its own costs and prices,
and export prices to the EU, would lead to a reduction of
dumping significantly below the level of the current measures.
Therefore, the continued imposition of measures at the existing
levels, which were based on the level of dumping previously
established, is no longer necessary to offset dumping.

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

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

(2) OJ L 134,17.5.2001, p. 1. Regulation as last amended by Council
Regulation (EC) No 998/2004 (OJ L 183, 20.5.2004, p.4). See also
Notice 2004/C 193/03 (OJ C 193, 29.7.2004, p.3) concerning the
modification of
the name and address of Open Joint Stock
Company Rusal Sayanal.

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

replies and any other information

if

interested parties,

All
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
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

C 285/4

EN

Official Journal of the European Union

23.11.2004

(b) Hearings

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

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

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 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
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘For inspection by interested
parties’.

shall be

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation, find-
ings, 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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate, or cooperates only partially, and use of the
facts available is made, 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 Agreement on Implementation of Article VI of
the GATT 1994 (Anti-dumping Agreement).

the Council

It