Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in South Africa
Date: 2006-12-21
Institutions: European Commission
Subjects: South Africa, anti-dumping legislation, import, manganese

C 314/78

EN

Official Journal of the European Union

21.12.2006

Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese diox-
ides originating in South Africa

(2006/C 314/08)

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), as last amended by Regu-
lation (EC) No 2117/2005 (2), alleging that imports of certain
manganese dioxides, originating in South Africa (‘the country
concerned’), are being dumped and are thereby causing material
injury to the Community industry.

1. Complaint

The complaint was lodged on 10 November 2006 by Tosoh
Hellas AIC (‘the complainant’) representing a major proportion,
in this case more than 25 %, of the total Community produc-
tion of certain manganese dioxides.

2. Product

The product allegedly being dumped is certain electrolytic
manganese dioxides (high purity manganese dioxides which
have been manufactured in an electrolytic process) and have not
been heat treated which is normally done to make it suitable for
application in lithium batteries, originating in South Africa (‘the
product
concerned’), normally declared within CN code
ex 2820 10 00. This CN code is only given for information.

3. Allegation of dumping

The allegation of dumping for South Africa is based,
in the
absence of sufficient sales in the domestic market, on a compar-
ison of a constructed normal value with the export prices of the
product concerned to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from South Africa 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 level of prices charged by the Com-
munity industry, resulting in substantial adverse effects on its
financial situation and employment situation of the Community
industry.

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No

2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 340, 23.12.2005, p. 17.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the Com-
munity 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

The investigation will determine whether the product concerned
originating in South Africa is being dumped and whether this
dumping has caused injury.

(a) 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 produ-
cers in the Community, to the exporters/producers in South
Africa to any association of exporters/producers,
to the
importers, to any association of importers named in the
complaint, and to the authorities of the exporting countries
concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out in
point 6(a), 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(b) applies to all such
interested parties.

(b) Collection of information and holding of hearings

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 has to reach the Commission within
the time limit set in point 6(b).

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(c).

21.12.2006

EN

Official Journal of the European Union

C 314/79

5.2. Procedure for assessment of Community interest

7. Written submissions, questionnaire replies and cor-

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, 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 time limits set in point
6(b), 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 par-
ticular reasons why they should be heard within the time limit
It should be noted that any information
set
submitted pursuant
to Article 21 will only be taken into
account if supported by factual evidence at the time of submis-
sion.

in point 6(c).

6. Time limits

(a) For parties to request a questionnaire

All interested parties should request a questionnaire or other
claim forms as soon as possible, but not later than 15 days
after the publication of this notice in the Official Journal of
the European Union.

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

replies and any other information

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
in the basic Regulation
most procedural rights set out
depends on the party's making itself known within the
aforementioned period.

(c) Hearings

interested parties may also apply to be heard by the

All
Commission within the same 40 day time limit.

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).

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 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 favour-
able 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 publi-
cation of this notice in the Official Journal of the European Union.
According to Article 7(1) of the basic Regulation, provisional
measures may be imposed no later than 9 months from the
publication of this notice in the Official Journal of the European
Union.