Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of sulphanilic acid originating, inter alia, in India and the countervailing measures applicable to imports of sulphanilic acid originating in India
Date: 2005-04-27
Institutions: European Commission
Subjects: India, anti-dumping legislation, chemical product

C 101/34

EN

Official Journal of the European Union

27.4.2005

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of sulphanilic acid originating, inter alia, in India and the countervailing measures applicable to
imports of sulphanilic acid originating in India

(2005/C 101/14)

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 anti-dumping Regulation’), and Article 19
of Council Regulation (EC) No 2026/97 (2)
(‘the basic anti-
subsidy Regulation’).

People's Republic of China (5), the applicant
is prepared to
again offer its undertaking under the former terms and condi-
tions, which were considered appropriate to eliminate the rele-
vant injurious effects of dumping and subsidisation. Therefore,
it is warranted to review the form of the measures applying to
imports of the product concerned from the applicant.

1. Request for review

The request was lodged by Kokan Synthetics & Chemicals Pvt.
Ltd (‘the applicant’), an exporter in India.

5. Procedure

The request is limited in scope to the form of the measure and,
in particular, to the examination of the acceptability of an
undertaking which the applicant has stated that it is ready to
offer.

2. Product

The product under review is sulphanilic acid originating in
India (‘the product concerned’), currently classifiable within CN
code ex 2921 42 10 (TARIC code 2921 42 10*60). This CN
code is given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1339/2002 (3)
and a definitive countervailing duty imposed by Council Regu-
lation (EC) No 1338/2002 (4) on imports of sulphanilic acid
originating in India.

4. Grounds for the review

The Commission had already accepted an undertaking from the
applicant when definitive anti-dumping and countervailing
measures were imposed in July 2002. However, in March 2004
the applicant voluntarily withdrew its undertakings, allegedly
motivated by the fact that Chinese exporters, who are also
subject
to anti-dumping duties, absorbed the duty thus
rendering the undertaking unworkable. After conclusion of an
absorption review concerning imports originating in the

(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 288, 21.10.1997, p. 1. Regulation as last amended by Council

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

(3) OJ L 196, 25.7.2002, p. 11. Regulation as last amended by Council

Regulation (EC) No 492/2004 (OJ L 80, 18.3.2004, p. 6).

(4) OJ L 196, 25.7.2002, p. 1. Regulation as last amended by Council

Regulation (EC) No 492/2004 (OJ L 80, 18.3.2004, p. 6).

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) and Article 19 of the basic anti-
dumping and anti-subsidy Regulations respectively, limited in
scope to the examination of acceptability of an undertaking to
be offered by the applicant.

(a) Collection of information and holding of hearings

In order to obtain the information it deems necessary for
its investigation, the Commission will inform the applicant
and the Indian authorities of the initiation of the review.
The applicant shall be requested to provide information and
supporting evidence in regard to its request for a review, in
particular, to provide details of the undertaking that it has
stated that it is prepared to offer. This information and
supporting evidence should reach the Commission within
the time limit set in point 6(a) of this notice.

All interested parties are hereby invited to make their views
known and provide the Commission with relevant informa-
tion together with supporting evidence. This information
and supporting evidence must
reach the Commission
within the time limit set in paragraph 6(a) of this notice.

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.

(5) OJ L 40, 12.2.2004, p. 17.

27.4.2005

EN

Official Journal of the European Union

C 101/35

6. Time limits

(a) For parties to make themselves known, to submit relevant infor-

mation

dumping and anti-subsidy Regulations, shall be accompanied
by a non-confidential version, which will be labelled ‘FOR
INSPECTION BY INTERESTED PARTIES’.

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 relevant information within 40 days
of the date of publication of this notice in the Official
the European Union, unless otherwise specified.
Journal 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 aforemen-
tioned period.

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

(b) Hearings

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

7. Written submissions and correspondence

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 and Article 28 of the basic anti-dumping and
anti-subsidy Regulations, on the basis of the facts available.

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, and correspondence provided by interested parties
on a confidential basis shall be labelled as ‘Limited (1)’ and, in
accordance with Article 19(2) and 29(2) of the basic anti-

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 and Article 28 of the basic anti-dumping and anti-
subsidy Regulations, the result may be less favourable to that
party than if it had cooperated.

(1) This means that

It

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),
Article 29 of Council Regulation (EC) No 2026/97 (OJ L 288,
21.10.1997, p. 1), Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement)
and Article 12 of the WTO Agreement on Subsidies and Counter-
vailing Measures.

the Council