Notice of initiation of an anti-dumping proceeding concerning imports of ethyl alcohol originating in Guatemala and Pakistan
Date: 2005-05-26
Institutions: European Commission
Subjects: Guatemala, Pakistan, anti-dumping legislation, ethanol, originating product

C 129/22

EN

Official Journal of the European Union

26.5.2005

Notice of initiation of an anti-dumping proceeding concerning imports of ethyl alcohol originating
in Guatemala and Pakistan

(2005/C 129/05)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 on protection of
dumped imports from countries non members of the European
Community (‘the basic Regulation’) (1), as last amended by
Regulation (EC) No 461/2004 (2), alleging that imports of ethyl
alcohol, originating in Guatemala and Pakistan (‘the countries
concerned’), are being dumped and are thereby causing material
injury to the Community industry.

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.

1. Complaint

The complaint was lodged on 11 April 2005 by the Committee
of Industrial Ethanol Producers of the EU (CIEP) (‘the complai-
nant’) on behalf of producers representing a major proportion,
in this case more than 30 %, of the total Community produc-
tion of ethyl alcohol.

5.1. Procedure for the determination of dumping and injury

investigation will

the product
The
concerned originating in Guatemala and Pakistan is being
dumped and whether this dumping has caused injury.

determine whether

2. Product

(a) Sampling

The product allegedly being dumped is ethyl alcohol, whether
denatured or undenatured, having an alcoholic strength by
volume of 80 % vol or higher originating in Guatemala and
Pakistan (‘the product concerned’), normally declared within CN
codes 2207 10 00 and ex 2207 20 00. These CN codes are
only given for information.

3. Allegation of dumping

The allegation of dumping in respect of Guatemala and Paki-
stan is based on a comparison of normal value established on
the basis of domestic prices, with the export prices of the
product concerned to the Community.

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

4. Allegation of injury

The complainant has provided evidence that imports of the
product
and Pakistan have
in absolute terms and in terms of market
increased overall
share.

concerned from Guatemala

It is alleged that the volumes and the prices of the imported
product concerned have had, among other consequences, a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
resulting in substantial adverse effects on the overall perfor-
mance and the financial situation of the Community industry.

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

(i) S a mpli ng for e xpor te r s/ p r oduc e r s i n Paki stan

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 point 6(b)(i) and in the
format indicated in point 7:

— 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 April 2004 to
31 March 2005,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 April 2004 to
31 March 2005,

for

— whether the company intends to claim an indivi-
(individual margins can only be

dual margin (3)
claimed by producers),

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

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

(2) OJ L 77, 13.3.2004, p. 12.

(3) Individual margins may be claimed pursuant to Article 17(3) of the

basic Regulation for companies not included in the sample.

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Official Journal of the European Union

C 129/23

— 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 (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.

— 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 sample of Community produ-
cers,
the
association (CIEP) of Community producers.

the Commission will,

in addition, contact

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

(ii) Sa mp li ng for Commu n i ty p r odu c e r 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 point 6(b)(ii).

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 point 6(b)(i):

— 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 April 2004 to 31 March 2005,

— 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 April 2004 to 31 March 2005,

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 samples.

after having

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must cooperate within the framework of the inves-
tigation.

forthcoming,

sufficient cooperation is not

the
If
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 point 8 of this notice.

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 April 2004 to 31 March 2005,

(b) Questionnaires

— the volume in tonnes of the production of the
product concerned during the period 1 April 2004
to 31 March 2005,

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p. 1).

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 Pakistan, to the exporters/producers in Guate-
to the
to any association of exporters/producers,
mala,
importers, to any association of importers named in the
complaint, and to the authorities of the exporting countries
concerned.

C 129/24

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Official Journal of the European Union

26.5.2005

(i) E x p or t e r s p r odu c e r s i n G u a te ma la

6. Time limits

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

(ii) E x p or t e r s/ p r odu c e r s
ma r g i n i n Pa ki st a n

c la i mi ng a n i ndi vi du a l

Exporters/producers in Pakistan 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
point 6(a)(ii) of this notice. They therefore have to
request a questionnaire within the time limit set in
point 6(a)(i). 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 individual examination would
be unduly burdensome and would prevent the timely
completion of the investigation.

(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 point 6(a)(ii).

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 point 6(a)(iii).

5.2. Procedure for assessment of Community interest

and

representative

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
their activity and the product concerned, may, within the
general time limits set in point 6(a)(ii), make themselves known
and provide the Commission with information. 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 point 6(a)(iii). 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.

(a) General time limits

(i) For p ar ti e s to r e qu e st a q u e sti on nai r e

All interested parties 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.

(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 point
6(b)(iii).

(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 points 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
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 point 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.

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Official Journal of the European Union

C 129/25

7. Written submissions, questionnaire replies and cor-

8. Non-cooperation

respondence

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

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.

(1) This means that

the document

is for internal use only.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It