Notice of initiation of an expiry review of the antidumping measures applicable to imports of powdered activated carbon (PAC) originating in the People's Republic of China
Date: 2007-06-13
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, coal, import, originating product

C 131/14

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Official Journal of the European Union

13.6.2007

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
powdered activated carbon (PAC) originating in the People's Republic of China

(2007/C 131/09)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of powdered
activated carbon (PAC) originating in the People's Republic of
China,
(‘country concerned’), the Commission has received a
request for review pursuant to Article 11(2) of Council Regu-
lation (EC) No 384/96 of 22 December 1995 on protection
against dumped imports from countries not members of the
European Community (‘the basic Regulation’) (2).

1. Request for review

The request was lodged on 12 March 2007 by the European
Chemical Industry Council (CEFIC) ('the applicant') on behalf of
producers representing a major proportion, in this case more
than 50 %, of the total Community production of powdered
activated carbon.

2. Product

The product under review is powdered activated carbon origin-
(‘the product
ating in the People's Republic of China
concerned’),
code
within
ex 3802 10 00. This CN code is given only for information.

classifiable

currently

CN

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1011/2002 (3).

(1) OJ C 228, 22.9.2006, p. 3.
(2) 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).

(3) OJ L 155, 14.6.2002, p. 1. Regulation as last amended by Regulation

(EC) No 931/2003 (OJ L 133, 29.5.2003, p. 36).

4. Grounds for the review

The request is based on the grounds that the expiry of measures
in continuation or recurrence of
would be likely to result
dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic
of China on the basis of the price in an appropriate market
economy country, which is mentioned in point 5.1(d). The alle-
gation of continuation of dumping is based on a comparison of
normal value, as set out in the preceding sentence, with the
export prices of the product concerned when sold for export to
the Community.

On this basis, the dumping margin calculated is significant.

With regard to the recurrence of dumping it is also alleged that
the exports to other third countries, i.e., the USA and Japan, are
made at dumped prices.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level of
the product concerned is likely to increase due to the existence
of unused capacity in the country concerned.

imports of

is also alleged that

It
the product
the flow of
concerned is likely to rise due to the recent anti-dumping
measures in force on imports of similar products in traditional
market other than the EU, i.e. in the United States of America.
This can lead to a redirection of exports from the United States
of America to the Community.

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In addition, the applicant alleges that the situation of the Com-
munity industry is fragile and that any further substantial
increase of
from the country
concerned would likely lead to a recurrence of further injury of
the Community industry should measures be allowed to lapse.

imports at dumped prices

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review,
the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

5.1. Procedure for the determination of

likelihood of

dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continua-
tion or recurrence of dumping and injury.

(a) Sampling

In view of the apparent number of parties involved in
this proceeding, the Commission may decide to apply
sampling, in accordance with Article 17 of the basic
Regulation.

— the turnover in local currency and the sales
volume in tonnes for the product concerned
sold to other third countries during the period
1 April 2006 to 31 March 2007,

— the precise activities of

the company with
regard to the production of
the product
concerned and the production volume in
tonnes of the product concerned, the produc-
tion capacity and the investments in produc-
tion capacity during the period 1 April 2006
to 31 March 2007,

— the names and the precise activities of all
related companies (1) involved in the produc-
tion and/or selling (export and/or domestic) of
the product concerned,

— any other

relevant

information that would
assist the Commission in the selection of the
sample,

— by providing the

information,

the
above
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 ques-
tionnaire and accepting an on-the-spot investi-
gation of its response. If the company indicates
that it does not agree to its possible inclusion
in the sample, it will be deemed to not have
co-operated in the investigation. The conse-
in
quences of non-cooperation are set out
point 8 below.

In order to obtain the information it deems neces-
sary for the selection of the sample of exporters/
in addition,
the Commission will,
producers,
contact the authorities of the exporting country,
and any known associations of exporters/produ-
cers.

(i) Sampling for expor ters/producers in the

People's Republic of China

(ii) Sampling for impor ters

to enable the Commission to decide
In order
whether sampling is necessary and, if so, to select
a sample, all exporters/producers, or representa-
tives acting on their behalf, are hereby requested to
make
the
Commission and providing the following informa-
tion on their company or companies within the
time limit set in point 6(b)(i) and in the formats
indicated in point 7:

known by

themselves

contacting

to enable the Commission to decide
In order
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
information on their
provide
company or companies within the time limit set in
point 6(b)(i) and in the formats indicated in point
7:

following

the

— name, address, e-mail address, telephone, and

fax numbers and contact person,

— the turnover in local currency and the volume
in tonnes of the product concerned sold for
export to the Community during the period 1
April 2006 to 31 March 2007,

— name, address, e-mail address, telephone, and

fax numbers and contact person,

— the total

turnover in EUR of

the company
during the period 1 April 2006 to 31 March
2007,

— the total number of employees,

— the turnover in local currency and the sales
volume in tonnes of the product concerned
sold on the domestic market during the period
1 April 2006 to 31 March 2007,

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92 establishing the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

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— the precise activities of

the company with

regard to the product concerned,

— the volume in tonnes and value in EUR of
imports into and resales made in the Com-
munity market during the period 1 April 2006
to 31 March 2007 of the imported product
concerned originating in the People's Republic
of China,

— the names and the precise activities of all
related companies (1) involved in the produc-
tion and/or selling of the product concerned,

— any other

relevant

information that would
assist the Commission in the selection of the
sample,

— by providing the

information,

the
above
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 ques-
tionnaire and accepting an on-the-spot investi-
gation of its response. If the company indicates
that it does not agree to its possible inclusion
in the sample, it will be deemed to not have
co-operated in the investigation. The conse-
in
quences of non-cooperation are set out
point 8 below.

In order to obtain the information it deems neces-
sary for the selection of the sample of importers,
in addition, contact any
the Commission will,
known associations of importers.

(iii) Final selection of the samples

All interested parties wishing to submit any rele-
vant 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 selec-
tion of
the samples after having consulted the
parties concerned that have expressed their will-
ingness to be included in the sample.

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

If sufficient co-operation is not forthcoming, the
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 ques-

(1) For guidance on the meaning of related companies, please refer to

Article 143 of Commission Regulation (EEC) No 2454/93.

tionnaires to the Community industry and to any asso-
ciation of producers in the Community, to the sampled
exporters/producers in the People's Republic of China,
to the
to any association of exporters/producers,
sampled importers,
importers
named in the request or which co-operated in the
investigation leading to the measures subject to the
present review, to any known users, to any known
suppliers of raw materials to the Community industry
and to the authorities of
the exporting country
concerned.

to any association of

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known, submit information other than question-
naire replies and to provide supporting evidence. This
information and supporting evidence must reach the
Commission within the time limit set in point 6(a)(ii).

the Commission may hear

Furthermore,
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 the previous investigation the United States of
America was used as an appropriate market economy
country for the purpose of establishing normal value
in respect of
the People's Repiblic of China. The
Commission envisages to use the United States of
America again for this purpose. Interested parties are
hereby invited to comment on the appropriateness of
this country within the specific time limit set in point
6(c).

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and
in the event that the likelihood of a continuation or recur-
rence of dumping and injury is confirmed, a determination
will be made as to whether to maintain, or repeal the anti-
dumping measures would not be against the Community
interest. For this reason the Community industry, impor-
ters, 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
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 previous
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.

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6 Time limits

(a) General time limits

(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.

(i) For par ties to request a questionnaire or other

claim for ms

interested parties who did not co-operate in the
All
investigation leading to the measures subject
to the
present review 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.

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

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in point 5.1(d),
is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. 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.

(ii) For par ties

to make themselves known,

to
submit questionnaire replies and any other
infor mation

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 limit specified in point 6
(b)(iii).

(iii) Hear ings

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

the European Union, given that
to consult parties

(i) The information specified in points 5.1(a)(i) and 5.1(a)
(ii) should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal
the Commission
of
intends
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 Journal of the
European Union.

(ii) All other information relevant for the selection of the
reach the
sample as referred to in 5.1(a)(iii) must
Commission within a period of 21 days of the publica-
tion 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 interested
parties on a confidential basis shall be labelled as ‘Limited’ (1)
and, in accordance with Article 19(2) of the basic Regulation,
shall be accompanied by a non-confidential version, which will
be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

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.

8. 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.

(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 Euro-
pean Parliament and of the Council of 30 May 2001 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).

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9. 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.

10. Possibility to request a review under Article 11(3) of

the basic Regulation

As this expiry review is initiated in accordance with the provi-
sions of Article 11(2) of
the basic Regulation, the findings
thereof will not lead to the level of the existing measures being
lead to those measures being repealed or
amended but will
maintained in accordance with Article 11(6) of the basic Regu-
lation.

If any party to the proceeding considers that a review of the
level of the measures is warranted so as to allow for the possibi-

lity to amend (i.e. increase or decrease) the level of the measures,
that party may request a review in accordance with Article 11
(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried
out
the expiry review mentioned in this
notice, may contact the Commission at the address given above.

independently of

11. Processing of personal data

Please note that any personal data collected in this investigation
will be treated in accordance with Regulation (EC) No 45/2001
of the European Parliament and the Council on the protection
of individuals with regard to the processing of personal data by
the Community institutions and bodies and on the free move-
ment of such data.