Notice of initiation of an anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand
Date: 2006-03-28
Institutions: European Commission
Subjects: Thailand, anti-dumping legislation, import, maize, originating product, prepared foodstuff, preserved product

C 75/6

EN

Official Journal of the European Union

28.3.2006

Notice of initiation of an anti-dumping proceeding concerning imports of certain prepared or
preserved sweet corn in kernels originating in Thailand

(2006/C 75/04)

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
certain prepared or preserved sweet corn,
in kernels, origin-
ating in Thailand (‘the country concerned’), are being dumped
injury to the Community
and are thereby causing material
industry.

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.

1. Complaint

The complaint was lodged on 13 February 2006 by the Asso-
ciation Européenne des Transformateurs de Maïs Doux
(‘the complainant’) on behalf of producers repre-
(AETMD)
senting a major proportion, in this case more than 25 % of the
total Community production of prepared or preserved sweet
corn.

2. Product

The product allegedly being dumped is sweet corn (Zea mays
var. saccharata) in kernels, prepared or preserved by vinegar or
acetic acid, not
frozen, normally declared within CN code
ex 2001 90 30, and sweet corn (Zea mays var. saccharata) in
kernels prepared or preserved otherwise than by vinegar or
acetic acid, not frozen, other than products of heading 2006,
normally declared within CN code ex 2005 80 00, originating
in Thailand (‘the product concerned’). These CN codes are only
given for information.

3. Allegation of dumping

The allegation of dumping 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.

5.1. Procedure for the determination of dumping and injury

investigation will

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

determine whether

(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 ng for e x p o r te r s/ p r odu c e r s i n T h a i l a nd

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:

On this basis, the dumping margin calculated is significant.

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

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Thailand 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.

numbers and contact person,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold for export
to the Community during the period 1 January
2005 to 31 December 2005,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold on the
domestic market during the period 1 January 2005
to 31 December 2005,

— whether the company intends to claim an indivi-
dual margin of dumping (2) (individual margins can
only be claimed by producers),

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(2) Individual margins may be claimed pursuant to Article 17(3) of the

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

basic Regulation for companies not included in the sample.

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Official Journal of the European Union

C 75/7

— 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 (1)
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
accepting
its
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

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

companies (1)
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
and
will
accepting
its
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
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

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 country 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:

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

numbers and contact person,

(iii) S a mp li ng for Commu ni ty p r odu c e r s

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in point 6(b)(i)
and in the format indicated in point 7:

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

numbers and contact person,

— the total turnover in EUR of the company during
the period 1 January 2005 to 31 December 2005,

— the total turnover in EUR of the company during
the period 1 January 2005 to 31 December 2005,

— the precise activities of the company with regard to

the production of the product concerned,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the sales volume in tonnes and sales value in EUR
of imports of the product concerned originating in
Thailand into and resales made in the Community
market during the period 1 January 2005 to 31
December 2005,

(1) 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).

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 January 2005 to 31 December 2005,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 January 2005 to 31 December 2005,

— the volume in tonnes of the production of the
product concerned during the period 1 January
2005 to 31 December 2005,

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

companies (1)
selling of the product concerned,

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Official Journal of the European Union

28.3.2006

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

(c) Collection of information and holding of hearings

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

(iv) F i na l se le c ti on of th e sa mp le s

All interested parties wishing to submit any relevant
information regarding the selection of the sample 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

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.

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 sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
to any association of exporters/
producers in Thailand,
producers, to the sampled importers, to any association of
importers named in the complaint and to the authorities of
the exporting country concerned.

Exporters/producers in Thailand 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
questionnaire 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) of this notice.
However, such parties should be aware that if sampling is
applied to exporters/producers, the Commission may none-
theless decide not to calculate an individual margin for
them, if the number of exporters/producers is so large that
individual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

submit

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

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 point 6(a)(iii).

5.2. Procedure for assessment of Community interest

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 Com-
importers, their representative associations,
munity industry,
representative users and representative 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.

6. Time limits

(a) General time limits

(i) For p ar ti e s to r e qu e st a q u e sti on nai r e

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.

(ii) F or p a r ti e s

t o ma ke th e mse lve s know n,

to
su bmi t q u e sti onnai r e r e p li e s and a ny ot h e r
i nfor 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).

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Official Journal of the European Union

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(iii) H e a r i ng s

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), 5.1(a)(ii)
and 5.1(a)(iii) 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
Commission intends to consult parties concerned that
have expressed their willingness to be included in the
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.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(iv) 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.

(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.

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 numbers of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by inter-
ested parties on a confidential basis shall be labelled as
‘Limited (1)’ and, in accordance with Article 19(2) of the basic
accompanied by a non-confidential
Regulation,

shall be

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 (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.

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