Notice of initiation of an anti-dumping proceeding concerning imports of certain side-by-side refrigerators originating in the Republic of Korea
Date: 2005-06-02
Institutions: European Commission
Subjects: South Korea, anti-dumping legislation, household electrical appliance

C 135/4

EN

Official Journal of the European Union

2.6.2005

Notice of initiation of an anti-dumping proceeding concerning imports of certain side-by-side
refrigerators originating in the Republic of Korea

(2005/C 135/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1) (‘the basic Regu-
lation’), alleging that
side-by-side refrigerators,
originating in the Republic of Korea (‘the country concerned’),
are being dumped and are thereby causing material injury to
the Community industry.

imports of

1. Complaint

The complaint was lodged on 18 April 2005 by Whirlpool
(‘the complainant’) on behalf of producers representing a major
proportion, in this case more than 90 %, of the total Com-
munity production of side-by-side refrigerators.

2. Product

The product allegedly being dumped is side-by-side refrigera-
i.e. combined refrigerator-freezer units with a capacity
tors,
two separate
exceeding 400 litres and fitted with at
external doors which are placed side-by-side originating in the
Republic of Korea ('the product concerned'), normally declared
within CN code ex 8418 10 91. This CN code is only given for
information.

least

3. Allegation of dumping

The allegation of dumping in respect of the Republic of Korea
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 margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the Republic of Korea have increased
overall in absolute terms and 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 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.

(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. 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.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the Republic of Korea is being
dumped and whether this dumping has caused injury.

determine whether

(a) 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 exporters/producers in
the Republic of Korea, to any association of exporters/
producers, to the importers, to any association of importers
named in the complaint, and to the authorities of the
exporting country concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out in
paragraph 6(a) 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(b) of this notice applies to all such 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 has to 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.

2.6.2005

EN

Official Journal of the European Union

C 135/5

5.2. Procedure for assessment of Community interest

7. Written submissions, questionnaire replies and corre-

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-
consumer organisations,
tative users
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the time
limits set in paragraph 6(b) of this notice, 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 para-
graph 6(c) of this notice. It should be noted that any informa-
tion submitted pursuant to Article 21 will only be taken into
account if supported by factual evidence at the time of submis-
sion.

6. Time limits

(a) For parties to request a questionnaire

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.

(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 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
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.

Journal of

(c) Hearings

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

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 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.

(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