Notice of initiation of an expiry review of the antidumping measures applicable to imports of dead-burned (sintered) magnesia originating in the People's Republic of China
Date: 2005-02-15
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, earths and stones, magnesium, originating product

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Official Journal of the European Union

15.2.2005

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
dead-burned (sintered) magnesia originating in the People's Republic of China

(2005/C 38/02)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of dead-burned
(sintered) magnesia originating in the People's Republic of
China, (‘country concerned’), the Commission has received a
request for review pursuant to Article 11(2) of Council Regu-
lation (EC) No 384/96 (2) (‘the basic Regulation’).

1. Request for review

of the product concerned is likely to increase due to the exis-
tence of unused capacity and the large reserves of dead-burned
(sintered) magnesia in the country concerned.

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any recur-
rence of substantial imports at dumped prices from the country
concerned would likely lead to a recurrence of further injury to
the Community industry should measures be allowed to lapse.

The request was lodged on 16 November 2004 by Eurométaux
(‘the applicant’) on behalf of producers representing a major
proportion,
in this case more than 25 % of the total Com-
munity production of dead-burned (sintered) magnesia.

5. Procedure

2. Product

The product under review is dead-burned (sintered) magnesia
originating in the People's Republic of China (‘the product
concerned’), currently classifiable within CN code 2519 90 30.
This CN code is given only for information.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 360/2000 (3).

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

5.1. Procedure for the determination of

likelihood of

dumping and injury

4. Grounds for the review

The request
the expiry of
is based on the grounds that
measures would be likely to result in a continuation or recur-
rence of dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic
of China on the basis of the price in an appropriate market
economy country, which is mentioned in paragraph 5.1(d) of
this notice. The allegation of continuation of dumping is based
on a comparison of normal value, as set out in the preceding
the product concerned
sentence, with the export prices of
when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

With regard to the recurrence of dumping it is also alleged that
the exports to other third countries, i.e. the United States of
America, are made at dumped prices.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level

(1) OJ C 215, 27.8.2004, p. 2.
(2) 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).

(3) OJ L 46, 18.2.2000, p.1, Regulation as last amended by Council

Regulation (EC) No 986/2003 (OJ L 143, 11.06.2003, p. 5).

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) S a mp li n g

for
P e op l e ' s R e p u b l i c of Ch i na

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

i n

t h e

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 paragraph 6(b)(i) and
in the formats indicated in paragraph 7 of this notice:

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

and/or telex numbers and contact person,

— 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 January
2004 to 31 December 2004,

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— the turnover in local currency and the sales volume
in tonnes for the product concerned sold to other
third countries during the period from 1 January
2004 to 31 December 2004,

— the precise activities of the company with regard to
the production of the product concerned and the
the product
production volume in tonnes of
concerned, the production capacity and the invest-
ments in production capacity during the period
from 1 January 2004 to 31 December 2004,

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

companies (1)
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,
the Commission will, in addition, contact the authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

(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 paragraph 6(b)(i) and in the formats indicated in
paragraph 7 of this notice:

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

and/or telex numbers and contact person,

— the total turnover in € of the company during the
period from 1 January 2004 to 31 December
2004,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in EUR of imports
into and resales made in the Community market
during the period from 1 January 2004 to 31
December
product
concerned originating in the People's Republic of
China,

imported

2004

the

of

(1) 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).

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

companies (1)
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,

(iii) F i na l se le c ti on of t h e sa mp le s

All interested parties wishing to submit any relevant
information regarding the selection of
the samples
must do so within the time limit set in paragraph
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 paragraph
6(b)(iii) of this notice and must co-operate within the
framework of the investigation.

forthcoming,

sufficient co-operation 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. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in paragraph 8 of this notice.

(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 the People's Republic of China, to any associa-
tion of exporters/producers, to the sampled importers, to
any association of importers named in the request or which
co-operated in the investigation leading to the measures
subject to the present review, and to the authorities of the
exporting country concerned.

interested parties should contact

In any event, all
the
Commission forthwith by fax in order to find out whether
they are listed in the request and, if necessary, request a
questionnaire within the time limit set in paragraph 6(a)(i)
of
in
given that
set
paragraph 6(a)(ii) of this notice applies to all
interested
parties.

this notice,

limit

time

the

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

(d) Selection of the market economy country

In the previous investigation Turkey was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China. The Commission envisages to use Turkey again for
this purpose.
Interested parties are hereby invited to
comment on the appropriateness of this country within the
specific time limit set in paragraph 6(c) of this notice.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain, or repeal the anti-dumping measures
would not be against the Community interest. For this reason
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, 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 paragraph 6(a)(ii) of this
notice, make themselves known and provide the Commission
with information. The parties which have acted in conformity
with the previous sentence may request a hearing, setting the
particular reasons why they should be heard, within the time
limit set in paragraph 6(a)(iii) of this notice. It should be noted
that any information 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

(ii) F or p a r ti e s

t o ma ke th e mse lve s know n,

to
su bmi t q u e sti onnai r e r e p li e s and a ny ot h e r
i nfor ma ti on

All interested parties, 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.

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

(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.

(b) Specific time limit in respect of sampling

(i) The information specified in paragraphs 5.1(a)(i) and
5.1(a)(ii) 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 Commis-
sion intends to consult parties concerned that have
to be included in the
expressed their willingness
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)(iii) must reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
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 for the selection of the market economy country

(i) F or p a r ti e s t o r e q u e st a q u e st i onna i r e

All
interested parties who did not co-operate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

this notice,

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

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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 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 INTER-
ESTED 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

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 11(5)
of the basic Regulation within 15 months of the date of 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