Notice of initiation of an anti-dumping proceeding concerning imports of ferro-silicon originating in the People's Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia
Date: 2006-11-30
Institutions: European Commission
Subjects: China, Egypt, Kazakhstan, North Macedonia, Russia, anti-dumping legislation, ferro-alloy, import, originating product

C 291/34

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Official Journal of the European Union

30.11.2006

Notice of initiation of an anti-dumping proceeding concerning imports of ferro-silicon originating
in the People's Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia
and Russia

(2006/C 291/09)

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
ferro-silicon, originating in the People's Republic of China,
Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia
and Russia (‘the countries concerned’), are being dumped and
are thereby causing material injury to the Community industry.

1. Complaint

Kazakhstan, the former Yugoslav Republic of Macedonia and
Russia 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.

industries

The complaint was lodged on 16 October 2006 by Comité de
liaison des
(‘the
ferro-alliages
complainant’) on behalf of producers representing a major
proportion, in this case more than 50 %, of the total Com-
munity production of ferro-silicon.

(EUROALLIAGES)

2. Product

The product allegedly being dumped is ferro-silicon originating
in the People's Republic of China, Egypt, Kazakhstan,
the
former Yugoslav Republic of Macedonia and Russia (‘the
product concerned’), normally declared within CN codes
7202 21 00, 7202 29 10 and 7202 29 90. These CN codes are
only given for information.

3. Allegation of dumping

The allegation of dumping in respect of Egypt and Russia is
based on a comparison of normal value established on the
basis of domestic prices, with the export prices of the product
concerned when sold for export to the Community.

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.

5.1. Procedure for the determination of dumping and injury

investigation will

determine whether

The
the product
concerned originating in the People's Republic of China, Egypt,
Kazakhstan, the former Yugoslav Republic of Macedonia and
Russia is being dumped and whether this dumping has caused
injury.

(a) Sampling

The allegation of dumping for the former Yugoslav Republic of
Macedonia is based 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 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.

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 and Kazakhstan 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, Egypt,

(i) Sampli ng for i mpor 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,

— the total turnover in euro of the company during
the period 1 October 2005 to 30 September 2006,

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council
Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p.17.).

— the total number of employees,

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— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 1 October 2005 to 30 September
2006 of the imported product concerned origin-
ating in the People's Republic of China, Egypt,
Kazakhstan, the former Yugoslav Republic of Mace-
donia and Russia,

— 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,

— 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 imply replying to a questionnaire and accepting
an on-the-spot investigation of its response. If the
it does not agree to its
company indicates that
possible inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The
consequences of non-cooperation are set out
in
point 8 below.

the selection of

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

the sample of

importers,

(ii) F i na l se le ct i on of th e sa mp le

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

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must co-operate within the framework of the inves-
tigation.

forthcoming,

sufficient co-operation is not

the
If
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

(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).

producers in the Community, to the exporters/producers in
the People's Republic of China, Egypt, Kazakhstan,
the
former Yugoslav Republic of Macedonia and Russia, to any
association of exporters/producers, to the sampled impor-
ters,
importers named in the
complaint, and to the authorities of the exporting countries
concerned.

to any association of

Exporters producers in the People's Republic of China,
Egypt, Kazakhstan, the former Yugoslav Republic of Mace-
donia and Russia

All such interested parties should contact the Commission
forthwith by fax, but not later than the time limit set out in
point 6(a)(i), in order to find out whether they are listed in
the complaint and,
if necessary, request a questionnaire,
given that the time limit set in point 6(a)(ii) applies to all
such interested parties.

(c) Collection of information and holding of hearings

submit

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

(d) Selection of the market economy country

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

Interested parties

(e) Market economy status

For those exporters/producers in the People's Republic of
China and Kazakhstan who claim and provide sufficient
evidence that they operate under market economy condi-
tions, i.e. that they meet the criteria laid down in Article
2(7)(c) of the basic Regulation, normal value will be deter-
mined in accordance with Article 2(7)(b) of the basic Regu-
intending to submit duly
lation. Exporters/producers
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 exporters/producers
in Kazakhstan who have been included in the sample and
to any association of exporters/producers named in the
complaint, as well as to the authorities of the People's
Republic of China and Kazakhstan.

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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.

6. Time limits

(a) General time limits

(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

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).

(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 point 5.1(a)(i) 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
the European
Union.

Journal of

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

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of Norway 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
and Kazakhstan. 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 the date of publication
of this notice in the Official Journal of the European Union.

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
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
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.

(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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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,
favourable to that party than if it had cooperated.

the result may be less

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.