Commission Regulation (EC) No 216/2007 of 28 February 2007 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 on imports of certain graphite electrode systems originating in India by imports of certain artificial graphite originating in India and making such imports subject to registration
Date: 2007-02-28
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, electrical equipment, import, originating product

L 62/16

EN

Official Journal of the European Union

1.3.2007

COMMISSION REGULATION (EC) No 216/2007

of 28 February 2007

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1629/2004 on imports of certain graphite electrode
systems originating in India by imports of certain artificial graphite originating in India and
making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

C. EXISTING MEASURES

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (‘the basic
Regulation’) (1), and in particular Articles 13(3), 14(3) and 14(5)
thereof,

(5)

(6)

The measures currently in force and possibly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 1629/2004 (2).

D. GROUNDS

The request contains sufficient prima facie evidence that
the anti-dumping measures on imports of the product
concerned are being circumvented by means of imports
of the product under investigation.

Whereas:

(7)

The evidence submitted is as follows:

(1)

(2)

(3)

(4)

A. REQUEST

to
The Commission has received a request pursuant
Article13(3) of the basic Regulation to investigate the
the anti-dumping measures
possible circumvention of
imposed on imports of
electrode
certain graphite
systems originating in India.

The request was lodged on 15 January 2007 by the
European Carbon and Graphite Association (ECGA) on
behalf of Community producers of certain graphite
electrode systems.

B. PRODUCT

The product concerned by the possible circumvention is
graphite electrodes of a kind used for electric furnaces,
with an apparent density of 1,65 g/cm3 or more and an
electrical resistance of 6,0 μΩ.m or less, falling within CN
code ex 8545 11 00 (Taric code 8545 11 00 10) and
nipples used for such electrodes, falling within CN code
ex 8545 90 90 (Taric
code 8545 90 90 10) whether
imported together or separately originating in India (the
product concerned). These codes are given for infor-
mation only.

The product under investigation is artificial graphite rods
of a diameter of 75 mm or more originating in India (the
product under investigation), normally declared under
CN code ex 3801 10 00 (TARIC code 3801 10 00 10).
This code is given for information only. The product
in the
under investigation is an intermediate product
manufacturing of the product concerned, and it already
embodies the basic characteristics of the latter product.

(i) The request shows that a significant change in the
pattern of trade involving exports from India to the
Community has taken place following the imposition
of anti-dumping measures on the product concerned,
and that there is insufficient due cause or justifi-
cation other than the imposition of the duty for
such a change.

(ii) This change in the pattern of trade appears to stem
from a simple conversion operation carried out in
the Community whereby imports of
the product
under investigation are converted into the product
concerned.

(iii) Furthermore,

the remedial effects of

the request contains sufficient prima
facie evidence that
the
existing anti-dumping measures on the product
concerned are being undermined in terms of
the
quantity. Significant volumes of
product
have
replaced imports of the product concerned.

investigation

imports of

appear

under

to

(iv) Finally,

the request contains sufficient prima facie
evidence that the prices of the product under inves-
tigation after conversion are dumped in relation to
the normal value previously established for
the
product concerned.

(v) Should circumvention practices covered by Article
than simple
the basic Regulation, other
13 of
conversion, be identified in the course of the inves-
tigation, the investigation may cover these practices
also.

(1) 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).

(2) OJ L 295, 18.9.2004, p. 10.

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Official Journal of the European Union

L 62/17

(8)

(9)

E. PROCEDURE

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
an investigation pursuant to Article 13 of the basic Regu-
lation and to make imports of the product under inves-
tigation subject to registration, in accordance with Article
14(5) of the basic Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for
the Commission will send question-
its investigation,
naires to the exporters/producers and to the associations
of exporters/producers in India, to the importers and to
the associations of importers in the Community which
cooperated in the investigation that led to the existing
measures and to the authorities of India. Information, as
appropriate, may also be sought from the Community
industry.

(10)

interested parties should contact the
In any event, all
Commission forthwith, but not
than the time
later
limit set in Article 3 of this Regulation in order to find
out whether
if
necessary, request a questionnaire within the time limit
set in Article 3(1) of this Regulation, given that the time
limit set in Article 3(2) of this Regulation applies to all
interested parties.

they are listed in the request and,

within the time limit indicated in Article 3(3) of this
Regulation.

F. REGISTRATION

(15)

the product under

Pursuant to Article 14(5) of the basic Regulation, imports
of
investigation should be made
subject to registration in order to ensure that, should
the investigation result
in findings of circumvention,
anti-dumping duties of an appropriate amount can be
levied retroactively from the date of
registration of
such imports originating in India.

G. TIME LIMITS

(16)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to the
Commission, present
in writing and
submit questionnaire replies or any other information
to be taken into account during the investigation,

their views

— importers in the Community may request exemption

from registration of imports or measures,

(11)

The authorities of India will be notified of the initiation
of the investigation and provided with a copy of the
request.

— interested parties may make a written request to be

heard by the Commission.

(b) Collection of information and holding of hearings

(12) All

interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.
the Commission may hear
interested parties, provided that they make a request in
writing and show that there are particular reasons why
they should be heard.

Furthermore,

(c) Exemption of imports from registration or measures

In accordance with Article 13(4) of the basic Regulation,
imports of
investigation may be
exempted from registration or measures if such impor-
tation does not constitute circumvention.

the product under

(17) 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 time limits
mentioned in Article 3 of this Regulation.

H. NON-COOPERATION

(18)

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,
provisional or
may be made in accordance with Article 18 of
the
basic Regulation, on the basis of the facts available.

final

Since the possible circumvention takes place inside the
Community, exemptions may be granted, in accordance
with Article 13(4) of the basic Regulation, to importers
of the product under investigation that can show that
they are not
to the
related to producers
measures.
Importers wishing to obtain an exemption
should submit a request duly supported by evidence

subject

(19) 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 findings are therefore based on the facts
available in accordance with Article 18 of the basic Regu-
lation, the result may be less favourable to that party
than if it had cooperated,

(13)

(14)

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Official Journal of the European Union

1.3.2007

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of artificial graphite rods of a diameter of
75 mm or more originating in India, normally falling within CN
code ex 3801 10 00 (TARIC 3801 10 00 10), are circumventing
imposed by Council Regulation (EC) No
the measures
1629/2004.

Article 2

The Customs authorities are hereby directed, pursuant to Article
13(3) and Article 14(5) of Regulation (EC) No 384/96, to take
the
into the
to register
Community identified in Article 1 of this Regulation.

appropriate

imports

steps

the

Registration shall expire nine months following the date of
entry into force of this Regulation.

The Commission, by Regulation, may direct Customs authorities
to cease registration in respect of imports into the Community
of products imported by importers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

1.
Questionnaires should be requested from the Commission
within 15 days of the date of publication of this Regulation in
the Official Journal of the European Union.

2.
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 in

writing and submit questionnaire replies or any other infor-
mation within 40 days from the date of the publication of
this Regulation in the Official
the European Union,
unless otherwise specified.

Journal of

3.
Importers requesting exemption of imports from regis-
tration or measures should submit a request duly supported
by evidence within the same 40-day time limit.

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time limit.

Any information relating to the matter, any request for a
5.
for
hearing or for a questionnaire as well as any request
exemption of imports from registration or measures 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 Regu-
lation, questionnaire replies and correspondence provided by
interested parties on a confidential basis shall be labelled as
Limited (1) and,
in accordance with Article 19(2) of the basic
Regulation,
a non-confidential
version, which will be labelled FOR INSPECTION BY INTERESTED
PARTIES.

accompanied by

shall be

Commission address for correspondence:

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

Article 4

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 February 2007.

For the Commission

Peter MANDELSON
Member of the Commission

(1) This means that the document is for internal use only. It 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).