Notice of initiation of an anti-dumping proceeding concerning imports of recordable compact disks (CD-Rs) originating in the People's Republic of China, Hong Kong and Malaysia
Date: 2005-08-06
Institutions: European Commission
Subjects: China, Hong Kong, Malaysia, anti-dumping legislation, import, optical medium, originating product

6.8.2005

EN

Official Journal of the European Union

C 192/3

Notice of initiation of an anti-dumping proceeding concerning imports of recordable compact
disks (CD-Rs) originating in the People's Republic of China, Hong Kong and Malaysia

(2005/C 192/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (1), alleging that imports of
recordable compact disks (CD-Rs), originating in the People's
Republic of China, Hong Kong and Malaysia (‘the countries
concerned’), are being dumped and are thereby causing material
injury to the Community industry.

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

1. Complaint

The complaint was lodged on 24 June 2005 by CECMA (‘the
complainant’) on behalf of producers representing a major
proportion, in this case more than 60 %, of the total Com-
munity production of CD-Rs.

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.

2. Product

The product allegedly being dumped is recordable compact
disks (CD-Rs) originating in the People's Republic of China,
Hong Kong and Malaysia (‘the product concerned’), normally
declared
(Taric
code
8523 90 00 10). This CN code is only given for information.

ex 8523 90 00

within

CN

5.1. Procedure for the determination of dumping and injury

investigation will

the product
The
concerned originating in the People's Republic of China, Hong
Kong and Malaysia is being dumped and whether this dumping
has caused injury.

determine whether

3. Allegation of dumping

The allegation of dumping for Hong Kong and Malaysia is
based, in the absence of sufficient sales in the domestic market,
on a comparison of a constructed normal value with the export
prices of the product concerned when sold for export to the
Community.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for the People's
Republic of China on the basis of a constructed normal value
in a market economy country, which is mentioned in point
5.1(d).The allegation of dumping is based on a comparison of
normal value, thus calculated, with the export prices of the
product concerned when sold for export 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 concerned from the People's Republic of China, Hong
Kong and Malaysia have increased overall
in absolute terms
and in terms of market share.

(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).

(a) Sampling

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

(i) S a mp li n g

for

e x p or t e r s/ p r odu c e r s

i n

t h e

People' s R e publi c of Chi na a nd Hong Kong

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 of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
units of the product concerned sold for export to
the Community during the 1 July 2004 to 30 June
2005,

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Official Journal of the European Union

6.8.2005

— the turnover in local currency and the sales volume
in units for the product concerned on the domestic
market during the period 1 July 2004 to 30 June
2005,

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

dual margin (1)
claimed by producers),

— 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 (2)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
its
accepting
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

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 countries, and any known associa-
tions of exporters/producers.

(ii) Sa mp li ng for i mp or te r s

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the formats indicated in
point 7:

(1) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample, Article
9(5) of the basic Regulation concerning individual treatment in
cases involving non-market economy countries/economies in transi-
tion, and Article 2(7)(b) of the basic Regulation for companies
claiming market economy status. Note that claims for individual
treatment necessitate an application pursuant to Article 9(5) of the
basic Regulation and that claims regarding market economy status
necessitate an application pursuant to Article 2(7)(b) of the basic
Regulation.

(2) 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).

— 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 July 2004 to 30 June 2005,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in units and value in euro of imports
into and resales made in the Community market
during the period 1 July 2004 to 30 June 2005 of
the imported product concerned originating in the
People's Republic of China, Hong Kong and
Malaysia,

— the names and the precise activities of all related
involved in the production and/or

companies (2)
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
will
and
its
accepting
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

In order to obtain the information it deems necessary
the
for the selection of
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

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

All interested parties wishing to submit any relevant
the samples
information regarding the selection of
must do so within the time limit set in point 6(b)(ii).

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 sample.

after having

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Official Journal of the European Union

C 192/5

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.

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).

forthcoming,

sufficient co-operation is not

If
the
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.

(b) 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 sampled exporters/
producers in the People's Republic of China and Hong
Kong, to the exporters/producers in Malaysia, to any asso-
ciation of exporters/producers, to the sampled importers, to
any association of importers named in the complaint, and
to the authorities of the exporting countries concerned.

(i) E x p or t e r s/ p r odu c e r s i n M a l a y si a

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
if necessary,
they are listed in the complaint and,
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

c la i mi ng a n i ndi vi du a l
ma r g i n i n th e Pe op l e ' s R e p u bl i c of Ch i n a a n d
Hong Kong

Exporters/producers in the People's Republic of China
and Hong Kong 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 question-
naire 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 indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investiga-
tion.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
than questionnaire
known,

information other

submit

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).

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Malaysia as an appropriate market
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. Inter-
ested parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit set in
point 6(c).

(e) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy conditions,
i.e. that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the basic Regulation. Exporters/
producers intending to submit duly substantiated claims
must do so within the specific time limit set in point 6(d).
The Commission will send claim forms to all exporters/
producers in the People's Republic of China named in the
complaint and to any association of exporters/producers
named in the complaint, where addresses are available as
well as to the authorities of the People's Republic of China.

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.

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Official Journal of the European Union

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6. Time limits

(a) General time limits

(ii) All other information relevant for the selection of the
sample as referred to in 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.

(i) F or p a r ti e s

t o r e q u e st

a q u e st i on n a i r e or

ot h e r c la i m for ms

(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.

All interested parties should request a questionnaire or
other claim forms as soon as possible, but not later
than 10 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,

t o
submi t q u e sti onn a i r e r e p li e s and a ny oth e r
i nf or 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).

(c) Specific time limit
economy country

for

the selection of

the market

Parties to the investigation may wish to comment on the
appropriateness of Malaysia which, as mentioned in point
5.1(d), is envisaged as a market-economy country for the
the
purpose of establishing normal value in respect of
People's Republic of China. These comments must reach
the Commission within 10 days of the date of publication
of this notice in the Official Journal of the European Union.

(d) Specific time limit for submission of claims for market

economy status and/or for individual treatment

Duly substantiated claims for market economy status (as
mentioned in point 5.1(e)) and/or for individual treatment
pursuant to Article 9(5) of the basic Regulation, must reach
the Commission within 15 days of publication of
this
notice in the Official Journal of the European Union.

(iii) H e a r i ng s

7. Written submissions, questionnaire replies and cor-

respondence

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
to be included in the
expressed their willingness
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.

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

(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

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C 192/7

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.