Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of sodium cyclamate originating in the People's Republic of China
Date: 2005-04-27
Institutions: European Commission
Subjects: China, anti-dumping legislation, food additive

C 101/26

EN

Official Journal of the European Union

27.4.2005

Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No
384/96 of the anti-dumping measures applicable to imports of sodium cyclamate originating in the
People's Republic of China

(2005/C 101/11)

The Commission has received a request pursuant to Article 12
of Council Regulation (EC) No 384/96 (1)
(‘the basic Regu-
lation’),
the anti-dumping measures
imposed on imports of sodium cyclamate originating in the
People's Republic of China have had an effect on export prices,
resale prices or subsequent selling prices in the Community.

to investigate whether

1. Request for review

The request was lodged on 14 March 2005 by Productos
Aditivos S.A. (‘the applicant’), the sole producer in the Com-
munity of sodium cyclamate.

2. Product

The product concerned is sodium cyclamate originating, inter
alia, in the People's Republic of China (‘the product concerned’),
currently classifiable within CN code ex 2929 90 00. This CN
code is given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 435/2004 (2) on
imports of sodium cyclamate originating,
in the
People's Republic of China.

inter alia,

4. Grounds for the reinvestigation

The applicant has submitted sufficient evidence showing that,
following the imposition of
the anti-dumping duties on
imports of
sodium cyclamate originating in the People's
Republic of China, export prices have decreased and there has
been insufficient movement
in resale prices or subsequent
selling prices in the Community.

The applicant has provided evidence indicating that export
prices and resale prices have dropped after the imposition of
measures, even though the prices of raw materials increased
significantly and the anti-dumping duties were imposed at the
beginning of 2004.

The applicant also has examined other factors that might have
had an impact on export prices of the product concerned in
the Community, i.e. exchange rates, raw material cost, etc. No
other factors appear to explain the aforementioned price evolu-
tion.

(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 72, 11.3.2004, p. 1.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the request has been lodged by the Community industry
and that there is sufficient evidence to justify the initiation of
an investigation, the Commission hereby initiates a reinvestiga-
tion, pursuant to Article 12 of the basic Regulation, of the
measures applicable to imports of sodium cyclamate origin-
ating in the People's Republic of China to examine whether the
measures have had effects on the export prices, resale prices
and subsequent selling prices in the Community.

(a) Questionnaires

In order to obtain the information it deems necessary for
the reinvestigation,
the Commission will send question-
naires to the exporters/producers in the People's Republic
of China, to the importers and to the authorities of the
exporting country concerned.

interested parties should contact

the
In any event, all
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) of
this notice, given that the time limit set in paragraph 6(b)
of this notice applies to all interested parties.

(b) 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(b) 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(c) of
this notice.

6. Time limits

(a) For parties to request a questionnaire

All interested parties who did not cooperate in the investi-
gation leading to the measures subject to the present rein-
vestigation 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.

27.4.2005

EN

Official Journal of the European Union

C 101/27

(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 reinvestigation, 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
the European Union,
this notice in the Official
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

the basic Regulation, shall be accompanied by a non-confiden-
tial version, which will be labelled ‘FOR INSPECTION BY
INTERESTED PARTIES’.

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

(c) Hearings

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

7. Written submissions, questionnaire replies and cor-

respondence

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.

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 of the interested party. All written submis-
sions, including the 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

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
the result may be less
Article 18 of the basic Regulation,
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 WTO Agreement on Implementation of Article
VI of the GATT 1994 (Anti-Dumping Agreement).

the Council

It