Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ethanolamines originating in the United States of America
Date: 2005-07-26
Institutions: European Commission
Subjects: United States, anti-dumping duty, anti-dumping legislation, import, organic chemical, originating product

26.7.2005

EN

Official Journal of the European Union

C 183/13

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
ethanolamines originating in the United States of America

(2005/C 183/05)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of ethanola-
mines originating in the United States of America,
(‘country
concerned’), the Commission has received a request for review
pursuant
to Article 11(2) of Council Regulation (EC) No
384/96 (2) on protection of dumped imports from countries
not members of the European Community (‘the basic Regu-
lation’), as
last amended by Council Regulation (EC) No
461/2004 (3).

1. Request for review

The request was lodged on 25 April 2005 by CEFIC (‘the appli-
cant’) on behalf of producers representing a major proportion,
in this case more than 75 %, of the total Community produc-
tion of ethanolamines.

2. Product

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of the product concerned is likely to increase due to the recent
investments in production capacity in the country concerned
and world wide.

It is also alleged that
imports of the product
the flow of
concerned is likely to rise due to the saturation in traditional
markets other than the EU (i.e. Mexico, Brazil and Asia). All
this can lead to a redirection of exports from other third coun-
tries to the Community.

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any recur-
rence of substantial imports at dumped prices from the country
concerned would likely lead to a recurrence of injury of the
Community industry should measures be allowed to lapse.

The product under review is ethanolamines originating in the
United States of America (‘the product concerned’), currently
(Taric:
classifiable within
2922 11 00 10), ex 2922 12 00 (Taric: 2922 12 00 10) and
2922 13 10. These CN codes are given only for information.

ex 2922 11 00

CN codes

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 229/94 (4),
Regulation as last amended by Council Regulation (EC) No
153/2003 (5).

4. Grounds for the review

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The request is based on the grounds that the expiry of the
measures would be likely to result in a continuation or recur-
rence of dumping and injury to the Community industry.

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

The allegation of continuation of dumping in respect of the
United States of America 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.

(a) Questionnaires

On this basis, the dumping margin calculated is significant.

With regard to the recurrence of dumping, it is also alleged
that the exports to other third countries,
i.e., Norway and
Turkey, are made at dumped prices.

(1) OJ C 276, 11.11.2004, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 77, 13.3.2004, p. 12.
(4) OJ L 28, 2.2.1994, p. 40.
(5) OJ L 25, 31.1.2003, p. 23.

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 United States of America, to any association of expor-
ters/producers,
to any association of
importers named in the request or which cooperated in the
investigation leading to the measures subject to the present
review, and to the authorities of the exporting country
concerned.

to the importers,

C 183/14

EN

Official Journal of the European Union

26.7.2005

interested parties should contact

In any event, all
the
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 point 6(a), given
that the time limit set in point 6(b) 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 point 6(b).

information other

(b) For parties to make themselves known, to submit question-

naire replies and any other information

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 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

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(c).

(c) Hearings

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

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain, or repeal the anti-dumping measures
would not be against the Community interest. For this reason
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, provided that they prove that there is an objective
link between their activity and the product concerned, may,
within the time limits set
in point 6(b), make themselves
known and provide the Commission with information. The
parties which have acted in conformity with the previous
sentence may request a hearing, setting the particular reasons
why they should be heard, within the time limit set in point
should be noted that any information submitted
6(c).
It
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

6 Time limits

(a) For parties to request a questionnaire or other claim forms

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

7. Written submissions, questionnaire replies and cor-

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
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘FOR INSPECTION BY INTER-
ESTED 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

(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

26.7.2005

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Official Journal of the European Union

C 183/15

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 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.