Notice concerning an exemption granted to one company in Taiwan from the anti-dumping measures applicable to imports of glyphosate consigned from Taiwan
Date: 2006-07-19
Institutions: European Commission
Subjects: Taiwan, anti-dumping legislation, anti-dumping measure, herbicide, import, originating product

C 167/18

EN

Official Journal of the European Union

19.7.2006

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

(2006/C 167/06)

The Commission published in August 2005 a notice (1) (‘the
informing interested parties of information received
Notice’)
concerning a Taiwanese company that was granted an exemp-
tion from the anti-dumping measures extended in 2002 to
imports of glyphosate consigned from Taiwan. Following such
publication, the exemption granted to the company in question
has been examined and the following conclusions have been
reached.

A. PROCEDURE

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 368/1998 (2),
imposed
definitive anti-dumping measures on imports of glyphosate
originating 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 (3)
(‘the basic Regulation’), the Council, by Regulation (EC) No
163/2002 (4), 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 Article 11(3) of the
the Council, by Regulation (EC) No
basic Regulation,
1683/2004 (5),
imposed a definitive anti-dumping duty on
imports of glyphosate 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. Scope of the notice

The information received by the Commission, 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, indicated the existence of a possible rela-
tionship between Sinon Corporation and a second Taiwanese
company
if
confirmed, may have required the withdrawal of the exemption
granted.

company’), which,

second Taiwanese

(‘the

(1) OJ C 200, 17.8.2005, p. 3.
(2) 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).

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

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

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

The Notice opened an examination to determine whether in
fact Sinon Corporation met, at the time the exemption was
granted, all the conditions for exemption from the measures
extended to imports of glyphosate consigned from Taiwan and,
if so, if it continued to meet these conditions.

3. Examination period

The examination covered the period from 1 July 2004 to 30
June 2005 (the ‘EP’). Data from 2000 up until the EP was
collected to examine any changes in the pattern of trade.

4. Examination

The Commission sent a copy of the Notice to the Taiwanese
authorities in order to allow them to comment and to provide
information for the examination.

Questionnaires were sent to Sinon Corporation and to the
second Taiwanese company. The Commission received a full
questionnaire reply from Sinon Corporation and a partial reply
information
from the
submitted by Sinon Corporation was verified at the company's
premises in Taiwan.

second Taiwanese

company. The

A written submission was also received from the European
Glyphosate Association which represents producers of glypho-
sate in the Community.

B. FINDINGS

1. Company links

During the examination, the information collected from all
sources concerning the existence of a possible relationship
second Taiwanese
between Sinon Corporation and the
company was verified, updated, where necessary, and exam-
ined.

An updated report
from the company specializing in the
supply of company-specific information was requested. This
did not show the link between Sinon Corporation and the
second Taiwanese company that had previously been reported.
The specialist company in question declared that the informa-
tion reported previously was inaccurate and that the relation-
ship between Sinon Corporation and the second Taiwanese
company was merely one of supplier/customer.

19.7.2006

EN

Official Journal of the European Union

C 167/19

The examination confirmed that Sinon Corporation and the
second Taiwanese company, both currently and in the past,
have supplied and purchased goods to and from each other. It
was found that there was a historic and ongoing close working
relationship between the two companies. However, on the
basis of the information received, the examination and verifica-
tions carried out during this examination, no evidence of a rela-
tionship between the two companies, other
than one of
supplier/customer, was found.

2. Production and supply of glyphosate

Information received and verified during the examination
shows that there is evidence of ongoing production of glypho-
sate by Sinon Corporation in sufficient volumes to account for
consignments to the Community. It was established that the
company had increased its production capacity for the product
concerned. This had been achieved by the conversion of a
production line which had been previously dedicated to a
different product. The examination also established that all of
the glyphosate consigned by Sinon Corporation to the Com-
munity was produced by that company. It is therefore consid-
ered that Sinon Corporation continues to meet all of the condi-
tions for exemption from the measures extended to imports of
glyphosate consigned from Taiwan.

3. Conclusions

On the basis of the above,
it is concluded that there is no
evidence to show that the conditions for exemption were not
met at the time the exemption was granted, to the extent that
no evidence of a relationship between Sinon Corporation and
the second Taiwanese company, other than one of supplier/
customer was found. Moreover, it is found that the conditions
for exemption continue to be met to the extent that the exami-
nation established that all of the glyphosate consigned by Sinon
Corporation to the Community was produced by that
company.

the findings and
The parties concerned were informed of
conclusions resulting from this examination and were given the
opportunity to comment. No comments were received.

C. TERMINATION OF THE EXAMINATION

On the basis of the above, the current examination is hereby
terminated,
leaving the exemption from the anti-dumping
measures extended to imports of glyphosate consigned from
Taiwan, which was granted to Sinon Corporation, in place and
unchanged.

If any material
information provided by parties during the
course of this examination is, at any time in the future, found
to have been inaccurate, a further examination may be carried
out to consider whether or not the above conclusions should
be revised.