Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of okoumé plywood originating in the People's Republic of China
Date: 2006-11-30
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, bonded wood, originating product

30.11.2006

EN

Official Journal of the European Union

C 291/19

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of okoumé plywood originating in the People's Republic of China

(2006/C 291/07)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 on protection against dumped imports from countries
not members of the European Community (‘the basic Regu-
lation’) (1), as last amended by Council Regulation (EC) No
2117/2005 (2). The review is limited to the examination of the
product scope.

The request was lodged by the European Federation of the
Plywood Industry (FEIC) (‘the applicant’).

falling

The applicant alleges that new product types have appeared on
the market such as plywood consisting solely of sheets of
wood, each ply not exceeding 6 mm thickness, with at least
one outer ply of bintangor, red canarium, kedondong or
certain other species, not coated by a permanent film of other
materials,
ex 4412 13 10,
ex 4412 13 90 and ex 4412 14 00. These CN codes are only
given for information. These products should be included in
the scope of the measures on the grounds that they share the
same basic physical and chemical characteristics and end uses
as the product covered by the existing measures. Both the
product concerned and the new product types should therefore
be considered as a single product.

within

code

CN

1. Product

4. Procedure

The product under review is okoumé plywood, defined as
plywood consisting solely of sheets of wood, each ply not
exceeding 6 mm thickness, with at least one outer ply of
okoumé not coated by a permanent film of other materials
originating in the People's Republic of China (‘the product
concerned’),
code
ex 4412 13 10. This CN code is given only for information.

classifiable

currently

within

CN

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited
in scope to the definition of the product concerned. The inves-
tigation will assess the need for the amendment of the scope of
the existing measures.

2. Existing measures

(a) Questionnaires

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1942/2004 (3) on
imports of okoumé plywood, defined as plywood consisting
solely of sheets of wood, each ply not exceeding 6 mm thick-
ness, with at least one outer ply of okoumé not coated by a
permanent
falling within CN code
ex 4412 13 10 (TARIC code 4412 13 10 10) and originating
in the People's Republic of China.

film of other materials,

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the applicant, to the importers, to the users, to exporting
producers in the People's Republic of China and to the
authorities of the exporting country concerned. This infor-
mation and supporting evidence should reach the Commis-
sion within the time limit set in point 5(a).

(b) Collection of information and holding of hearings

3. Grounds for the review

The applicant has provided sufficient evidence that the scope of
the existing measures is no longer sufficient to counteract the
dumping which is causing the injury.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 340, 23.12.2005, p. 17.
(3) OJ L 336, 12.11.2004, p. 4.

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 must reach the Commission
within the time limit set in point 5(a).

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 5(b).

C 291/20

EN

Official Journal of the European Union

30.11.2006

5. Time limits

Commission address for correspondence:

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

All
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
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.

Journal of

(b) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

6. 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 INTER-
ESTED PARTIES’.

shall be

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

7. Non-co-operation

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, 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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of
facts available is made, the result may be less favourable to that
party than if it had cooperated.

8. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
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