Notice of initiation of an anti-dumping proceeding concerning imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, of the initiation of an interim review of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and of the initiation of an interim review of the anti-dumping duty on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine
Date: 2005-03-31
Institutions: European Commission
Subjects: Croatia, Romania, Russia, Ukraine, anti-dumping duty, anti-dumping legislation, import, originating product, piping, tube

C 77/2

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Official Journal of the European Union

31.3.2005

Notice of initiation of an anti-dumping proceeding concerning imports of certain seamless pipes
and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, of the initiation of
an interim review of the anti-dumping duties on imports of certain seamless pipes and tubes of
iron or non-alloy steel originating, inter alia, in Russia and Romania and of the initiation of an
interim review of the anti-dumping duty on imports of certain seamless pipes and tubes of iron or
non-alloy steel originating in Croatia and Ukraine

(2005/C 77/02)

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 certain seamless pipes and
tubes, of iron or steel, originating in Croatia, Romania, Russia
and Ukraine (‘the countries concerned’), are being dumped and
are thereby causing material injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for Ukraine on the
basis of a constructed normal value in a market economy
country, which is mentioned in paragraph 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.

1. Complaint

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

The complaint was lodged on 14 February 2005 by the
Defence Committee of the Seamless Steel Tubes 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 seamless pipes
and tubes, of iron or steel.

4. Allegation of injury

2. Product

The product allegedly being dumped is certain seamless pipes
iron or steel, of circular cross-section of an
and tubes, of
external diameter not exceeding 406,4 mm with a Carbon
Equivalent Value (CEV) not exceeding 0,86 according to the
International Institute of Welding (IIW) formula and chemical
analysis originating in Croatia, Romania, Russia and Ukraine
(‘the product concerned’), normally declared within CN codes
ex 7304 10 10,
ex 7304 21 00,
ex 7304 10 30,
ex 7304 29 11, ex 7304 31 99, ex 7304 39 59, 7304 39 91,
7304 39 93,
and
ex 7304 59 93. These CN codes are only given for informa-
tion.

ex 7304 51 99,

ex 7304 59 91

The complainant has provided evidence that imports of the
product concerned from Croatia, Romania, Russia and Ukraine
have individually and overall a significant market share in the
Community and have even increased 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 quantities sold and the level of prices
charged by the Community industry, resulting in substantial
adverse effects on the overall performance, the financial situa-
tion and the employment situation of the Community industry.

This product also includes the product covered by Council
Regulations (EC) No 2320/97 and (EC) No 348/2000, which is
subject to an interim review as specified under section 10 of
this note, i.e. certain seamless pipes and tubes of iron or non-
alloy steel originating in Croatia, Romania, Russia and Ukraine
and falling within CN Codes 7304 10 10, 7304 10 30,
7304 31 99, 7304 39 91 and 7304 39 93.

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.

3. Allegation of dumping

The allegation of dumping for Croatia, Romania and Russia is
based on a comparison of a constructed normal value with the
export prices of the product concerned to the Community.

(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).

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in Croatia, Romania, Russia and Ukraine
is being dumped and whether this dumping has caused injury.

determine whether

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(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.

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.

(i) Sa mp li ng for e x p or te r s/ p r o du c e r s i n R u ssi a

and Ukr ai ne

(ii) S a 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
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 format 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 1 January 2004
to 31 December 2004,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 January 2004
to 31 December 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.

(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/economies in transi-
tion, and Article 2(7)(b) of the basic Regulation for companies
claiming market economy status. Note that claims for individual
treatment necessitate an application 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).

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 euro of the company during
the period 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 euro of imports
into and resales made in the Community market
during the period 1 January 2004 to 31 December
2004 of the imported product concerned origin-
ating in Croatia, Romania, Russia and Ukraine,

— 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,

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(iii) Sa mp li ng for Commu n i 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 paragraph
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 January 2004 to 31 December 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 January 2004 to 31 December 2004,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 January 2004 to 31 December 2004,

— the volume in tonnes of the production of the
product concerned during the period 1 January
2004 to 31 December 2004,

— 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.

Companies included in the samples must reply to a
questionnaire within
in
the
paragraph 6(b)(iii) of this notice and must cooperate
within the framework of the investigation.

limit

time

set

forthcoming,

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. 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 sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in Russia and Ukraine, to the exporters/produ-
cers in Croatia and Romania, 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.

(i) E x p or te r s / p r odu c e r s i n Cr oa t i a a nd R o m a n i a

and i mpor ters

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

(iv) F i na l se le c ti on of th e sa mp le s

(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 R u ssi a a nd Ukr a i ne

All interested parties wishing to submit any relevant
the samples
information regarding the selection of
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

(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).

Exporters/producers in Russia and Ukraine 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 paragraph 6(a)(ii) of this notice. They therefore
have to request a questionnaire within the time limit
set in paragraph 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 indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investiga-
tion.

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C 77/5

(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 paragraph 6(a)(ii) of this notice.

information other

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 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
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.

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(a)(iii) of this notice.

6. Time limits

(a) General time limits

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Romania as an appropriate market
economy country for the purpose of establishing normal
value in respect of Ukraine. Interested parties are hereby
invited to comment on the appropriateness of this choice
within the specific time limit set in paragraph 6(c) of this
notice.

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

t o r e q u e st

a q u e sti on n a i r e or

o t h e r c la i m f or m s

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.

(e) Market economy status

For those exporters/producers in Ukraine 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. Exporters/producers intending to
submit duly substantiated claims must do so within the
specific time limit set in paragraph 6(d) of this notice. The
Commission will send claim forms to all exporters/produ-
cers in Ukraine named in the complaint and to any associa-
tion of exporters/producers named in the complaint, as
well as to the authorities of Ukraine.

5.2. Procedure for assessment of Community interest

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

representative

and

(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 limits 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.

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(b) Specific time limit in respect of sampling

(i) The

information specified in paragraph 5.1(a)(i),
5.1(a)(ii) and 5.1 (a)(iii) 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 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
economy country

for

the selection of

the market

Parties to the investigation may wish to comment on the
appropriateness of Romania 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 Ukraine. 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.

this notice,

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

economy status and/or for individual treatment

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

7. 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
accompanied by a non-confidential
Regulation,
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

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,
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 9 months from
the publication of this notice in the Official Journal of the Euro-
pean Union.

10. Review of existing measures

By Council Regulation (EC) No 2320/97 (2) definitive anti-
dumping duties were imposed on imports of certain seamless
pipes and tubes of iron or non-alloy steel originating inter alia
in Russia and Romania, falling within CN codes 7304 10 10,
7304 10 30, 7304 31 99, 7304 39 91 and 7304 39 93.

(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

(2) OJ L 322, 25.11.1997, p. 1 as last amended by Council Regulation

(EC) No 1322/2004 (OJ L 246, 20.7.2004, p. 10).

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By Council Regulation (EC) No 348/2000 (1) a definitive anti-
dumping duty was imposed on imports of certain seamless
pipes and tubes of iron or non-alloy steel originating in Croatia
and Ukraine, falling within CN codes 7304 10 10, 7304 10 30,
7304 31 99, 7304 39 91 and 7304 39 93.

Should it be determined that measures are to be imposed on
certain seamless pipes and tubes of iron or steel originating in
Croatia, Romania, Russia and Ukraine in the proceeding
initiated by the present notice, and thus cover the seamless
pipes and tubes of iron or non-alloy steel the continued imposi-
tion of the measures imposed by Council Regulations (EC)

No 2320/97 and 348/2000 will be no longer appropriate, and
those regulations would have to be amended or repealed
accordingly. Therefore, an interim review should be opened as
regards Regulations (EC) No 2320/97 and 348/2000 in order
to allow any amendment or repeal necessary in the light of the
investigation initiated by the present notice.

Therefore, the Commission hereby initiates, pursuant to Article
11(3) of the basic Regulation, an interim review of Regulation
(EC) No 2320/97 and Regulation (EC) No 348/2000. The
provisions set out in points 5, 6, 7 and 8 of the notice, apply
mutatis mutandis to these interim reviews.

(1) OJ L 45, 17.2.2000, p. 1 as last amended by Council Regulation

(EC) No 258/2005 (OJ L 46, 17.2.2005, p. 7).