Notice concerning an exemption granted to one company in Taiwan from the anti-dumping measures applicable to imports of glyphosate consigned from Taiwan
Date: 2005-08-17
Institutions: European Commission
Subjects: Taiwan, anti-dumping legislation, anti-dumping measure, chemical product, import, originating product

17.8.2005

EN

Official Journal of the European Union

C 200/3

Notice concerning an exemption granted to one company in Taiwan from the anti-dumping
measures applicable to imports of glyphosate consigned from Taiwan

(2005/C 200/03)

The Commission has received information concerning a Taiwa-
nese company that was granted an exemption from anti-
dumping measures which were extended in 2002 to imports of
glyphosate consigned from Taiwan.

acknowledge the existence of any relationship with the second
Taiwanese company either at the time of the anti-circumven-
tion investigation or since then.

1. Product and existing measures

The product concerned is glyphosate falling within CN codes
ex 2931 00 95 and ex 3808 30 27.

The Council, by Regulation (EC) No 368/98 (1), imposed defini-
tive anti-dumping measures on imports of glyphosate origin-
ating in the People's Republic of China (the ‘PRC’). In January
2002, following an anti-circumvention investigation pursuant
to Article 13 of Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (2) (‘the
basic Regulation’),
the Council, by Regulation (EC) No
163/2002 (3), extended the duty imposed on imports of
glyphosate originating in the PRC, to imports of glyphosate
consigned from Malaysia and Taiwan (whether declared as
originating in Malaysia or Taiwan or not), with the exception
of those produced by Sinon Corporation in Taiwan and one
named company in Malaysia.

Following reviews under Article 11(2) and (3) of the basic
Regulation, the Council, by Regulation (EC) No 1683/2004 (4),
imposed a definitive anti-dumping duty on imports of glypho-
sate originating in the PRC and extended this duty to imports
of glyphosate consigned from Malaysia and Taiwan (whether
declared as originating in Malaysia or Taiwan or not), again
with the exception of those produced by Sinon Corporation in
Taiwan and one named company in Malaysia.

2. Recent developments

The Commission has received information in the form of a
report from a leading company specializing in the supply of
inter alia, matters
company-specific information relating to,
such as shareholdings, indicating the existence of a relationship
between Sinon Corporation and a second Taiwanese company.
This second Taiwanese company, which is also involved in the
export of glyphosate, did not cooperate in the abovementioned
anti-circumvention investigation and is, therefore, subject to
the extended measures. Sinon Corporation did not disclose or

(1) OJ L 47, 18.2.1998, p. 1. Regulation as last amended by Regulation

(EC) No 1086/2000 (OJ L 124, 25.5.2000, p. 1).

(2) 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).

(3) OJ L 30, 31.1.2002, p. 1.
(4) OJ L 303, 30.9.2004, p. 1.

The existence of a relationship between Sinon Corporation and
a company also involved in the export of glyphosate that did
not cooperate during the anti-circumvention investigation
would,
if confirmed at the time of that investigation, have
excluded the possibility of granting an exemption from the
extended duties to Sinon Corporation. The retroactive with-
drawal of the exemption might therefore be required, if it was
based on wrong or misleading information provided by Sinon
Corporation. Similarly, a relationship established subsequent to
the granting of the exemption between Sinon Corporation and
a company subject
if
confirmed, require the withdrawal of that exemption. In view
of the above,
it should be examined whether in fact Sinon
Corporation met all the conditions for exemption from the
measures extended to imports of glyphosate consigned from
Taiwan at the time the exemption was granted and, if so, if it
continued to meet these conditions until today.

extended measures, may,

to the

3. Procedure

In order to obtain the information it deems necessary for this
examination, the Commission will send a copy of this notice
and a questionnaire to Sinon Corporation and inform the
information and
Taiwanese
supporting evidence should reach the Commission within 21
days of the date of publication of this notice in the Official
Journal of the European Union, unless otherwise specified.

accordingly. This

authorities

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within 21
days of the date of publication of this notice in the Official
Journal of the European Union, unless otherwise specified.

the Commission may hear

Furthermore,
interested parties,
provided that they make a request showing that there are par-
ticular reasons why they should be heard. This request must be
made within 21 days of the date of publication of this notice in
the Official Journal of the European Union, unless otherwise speci-
fied.

C 200/4

EN

Official Journal of the European Union

17.8.2005

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 labeled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
accompanied by a non-confidential
Regulation,
version, which will be labeled ‘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.

4. Non-cooperation

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the examination, find-
ings, 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 favor-
able to the party than if it had cooperated.

(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