Commission Regulation (EC) No 1289/2005 of 4 August 2005 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 408/2002 on imports of certain zinc oxides originating in the People's Republic of China by imports of certain zinc oxides consigned from Kazakhstan, whether declared as originating in Kazakhstan or not, and making such imports subject to registration
Date: 2005-08-04
Institutions: European Commission
Subjects: Kazakhstan, anti-dumping legislation, anti-dumping measure, import, originating product, oxide, zinc

5.8.2005

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Official Journal of the European Union

L 204/7

COMMISSION REGULATION (EC) No 1289/2005

of 4 August 2005

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 408/2002 on imports of certain zinc oxides originating
in the People's Republic of China by imports of certain zinc oxides consigned from Kazakhstan,
whether declared as originating in Kazakhstan or not, and making such imports subject to
registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

C. EXISTING MEASURES

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 on
from countries not
protection against dumped imports
members of the European Community (the basic Regulation) (1)
and in particular Articles 13(3), 14(3) and 14(5) thereof,

(5)

(6)

After having consulted the Advisory Committee,

Whereas:

The measures currently in force and possibly being
circumvented are antidumping measures imposed by
Council Regulation (EC) No 408/2002 (2),
last
amended by Regulation (EC) No 1623/2003 (3).

as

D. GROUNDS

The request contains sufficient prima facie evidence, that
the anti-dumping measures on imports of certain zinc
oxides originating in the People's Republic of China are
being circumvented by means of
transhipment via
Kazakhstan of certain zinc oxides.

(7)

The evidence submitted is as follows:

(1)

(2)

(3)

(4)

A. REQUEST

The Commission has received a request pursuant
to
Article 13(3) of the basic Regulation to investigate the
possible circumvention of
the anti-dumping measures
imposed on imports of certain zinc oxides originating
in the People's Republic of China.

The request has been lodged on 27 June 2005 by Euro-
metaux on behalf of producers representing more than
45 % of
the Community production of certain zinc
oxides.

B. PRODUCT

The product concerned by the possible circumvention is
zinc oxide (chemical formula ZnO) with a purity of not
less than 93 % zinc oxide originating in the People's
Republic of China, normally declared under CN code
2817 00 00 (the product concerned). This code is given
for information only.

The request shows that a significant change in the
pattern of
trade involving exports from the People's
Republic of China and Kazakhstan to the Community
has taken place following the imposition of measures
on the product concerned, and that there is insufficient
due cause or justification other than the imposition of
the duty for such a change. This change in the pattern of
trade appears to stem from the transhipment of certain
zinc oxides originating in the People's Republic of China
via Kazakhstan.

Furthermore, the request contains sufficient prima facie
evidence that the remedial effects of the existing anti-
dumping measures
product
concerned are being undermined both in terms of
quantity and price. Significant volumes of
imports of
certain zinc oxides from Kazakhstan appear to have
replaced imports of the product concerned.

imports

the

on

of

The product under investigation is zinc oxide (chemical
formula ZnO) with a purity of not less than 93 % zinc
oxide consigned from Kazakhstan (the product under
investigation) normally declared under the same codes
as the product concerned.

Finally, the request contains sufficient prima facie evidence
that the prices of certain zinc oxides are dumped in
relation to the normal value previously established for
certain zinc oxides.

(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 62, 5.3.2002, p. 7.
(3) OJ L 232, 18.9.2003, p. 1.

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Official Journal of the European Union

5.8.2005

Should circumvention practices via Kazakhstan covered
by Article 13 of the basic Regulation, other than trans-
hipment, be identified in the course of the investigation,
the investigation may cover these practices also.

related to any producer subject to the measures and that
are found not to be engaged in circumvention practices
as defined in Articles 13(1) and 13(2) of the basic Regu-
lation. Producers wishing to obtain an exemption should
submit a request duly supported by evidence within the
time limit indicated in Article 3(3) of this Regulation.

(8)

(9)

E. PROCEDURE

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
an investigation pursuant to Article 13 of the basic Regu-
lation and to make imports of certain zinc oxides
consigned from Kazakhstan, whether declared as origi-
in
nating in Kazakhstan or not, subject to registration,
accordance with Article 14(5) of the basic Regulation.

a) Questionnaires

In order to obtain the information it deems necessary for
its investigation,
the Commission will send question-
naires to the exporters/producers and to the associations
of exporters/producers in Kazakhstan, the exporters/pro-
ducers and to the associations of exporters/producers in
the People's Republic of China, to the importers and to
the associations of importers in the Community which
co-operated in the investigation that led to the existing
measures and to the authorities of the People's Republic
of China and Kazakhstan Information, as appropriate,
may also be sought from the Community industry.

(10)

interested parties should contact the
In any event, all
Commission forthwith, but not
than the time
later
limit set in Article 3 in order to request a questionnaire
within the time limit set in Article 3(1) of this Regu-
lation, given that the time limit set in Article 3(2) of
this Regulation applies to all interested parties.

(14)

In consideration of the fact that an exemption may only
be granted to companies which can be treated indivi-
dually, producers wishing to obtain an exemption
should demonstrate that they meet the criteria for indi-
vidual treatment indicated in Article 9(5) of the basic
Regulation. For this purpose, duly substantiated claims
should be submitted on the basis of claim forms
provided by the Commission, and within the specific
time limit indicated in Article 3(3) of this Regulation.

(15) As

stated above,

it would be necessary,

should circumvention practices via
Kazakhstan covered by Article 13 of the basic Regu-
lation, other than transhipment, be identified in the
course of the investigation, the investigation may cover
these practices also. Insofar as assembly practices may be
in making an exami-
identified,
nation of the assembly operation in accordance with the
provisions of Article 13(2) of the basic Regulation, to
determine whether
the
exemption operates under market economy conditions
the criteria laid down in Article
i.e.
2(7)(c) of the basic Regulation. For this purpose, duly
substantiated claims should be submitted on the basis
of claim forms provided by the Commission, and
within the specific time limit indicated in Article 3(3)
of this Regulation.

they meet

company

claiming

that

the

(11)

The authorities of the People's Republic of China and
Kazakhstan will be notified of the initiation of the inves-
tigation.

(16)

b) Collection of information and holding of hearings

F. REGISTRATION

the product under

Pursuant to Article 14(5) of the basic Regulation, imports
of
investigation should be made
subject to registration in order to ensure that, should
the investigation result
in findings of circumvention,
anti-dumping duties of an appropriate amount can be
levied retroactively from the date of
registration of
certain zinc oxides consigned from Kazakhstan.

(12) All

interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.
the Commission may hear
interested parties, provided that they make a request in
writing and show that there are particular reasons why
they should be heard.

Furthermore,

G. TIME LIMITS

(17)

In the interest of sound administration,
should be stated within which:

time limits

c) Exemption of registration of imports or measures

(13)

Since the possible circumvention takes place outside the
Community, exemptions may be granted, in accordance
with Article 13(4) of the basic Regulation, to producers
of the product concerned that can show that they are not

— interested parties may make themselves known to the
Commission, present
in writing and
submit questionnaire replies or any other information
to be taken into account during the investigation,

their views

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— producers

treatment pursuant

in Kazakhstan may request exemption
and
from registration of
imports or measures,
indi-
submit duly substantiated claim forms for (i)
the
vidual
to Article 9(5) of
the
basic Regulation and (ii) demonstrating that
company operates under market economy conditions,
i.e. that they meet the criteria laid down in Article
2(7)(c) of the basic Regulation. The latter claim form
is only required to be submitted by companies
involved in assembly operations,

within CN code 2817 00 00 (TARIC code 2817 00 00 13)
consigned from Kazakhstan whether declared as originating in
Kazakhstan or not, are circumventing the measures imposed by
Regulation (EC) No 408/2002.

Article 2

The Customs authorities are hereby directed, pursuant to Article
13(3) and Article 14(5) of Regulation (EC) No 384/96, to take
the
into the
to register
Community identified in Article 1 of this Regulation.

appropriate

imports

steps

the

— interested parties may make a written request to be

heard by the Commission.

(18) 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 time limits
mentioned in Article 3 of this Regulation.

H. NON-COOPERATION

(19)

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,
findings, affirmative or negative,
provisional or
may be made in accordance with Article 18 of
the
basic Regulation, on the basis of the facts available.

final

Registration shall expire nine months following the date of
entry into force of this Regulation.

The Commission, by Regulation, may direct Customs authorities
to cease registration in respect of imports into the Community
of products manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

1.
Questionnaires or other claim forms should be requested
from the Commission within 15 days from publication of this
Regulation in the Official Journal of the European Union.

(20) 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 facts available. If an
interested party does not cooperate or cooperates only
partially and findings are therefore based on facts
available in accordance with Article 18 of the basic Regu-
lation, the result may be less favourable to that party
than if it had cooperated,

Interested parties, if their representations are to be taken
2.
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit questionnaire replies or any other infor-
mation within 40 days from the date of the publication of
this Regulation in the Official
the European Union,
unless otherwise specified.

Journal of

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of certain zinc oxide (chemical formula:
ZnO) with a purity of not less than 93 % zinc oxide, falling

3.
Producers in Kazakhstan requesting exemption from regis-
tration of imports or measures should submit a request duly
supported by evidence within 40 days of the date of publication
in the Official Journal of the European Union. Substantiated claims
for individual treatment and, as appropriate, claims that the
company operates under market economy conditions, should
also be submitted within the same 40-day deadline.

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time limit.

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Any information relating to the matter, any request for a
5.
hearing or for a questionnaire as well as any request
for
exemption must be made in writing (not in electronic format,
unless otherwise specified) and must indicate the name, address,
e-mail address, telephone, fax and/or telephone numbers of the
interested party. All written submissions,
including the infor-
mation requested in this Regulation, 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, shall be accompanied by
a non-confidential 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 (+ 322) 295 65 05.

Article 4

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 August 2005.

For the Commission

Peter MANDELSON
Member of the Commission

(1) This means that the document is for internal use only. It 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).