Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes, of iron or steel originating, inter alia , in Russia
Date: 2007-06-22
Institutions: European Commission
Subjects: Russia, anti-dumping duty, anti-dumping measure, import policy, originating product, piping, tube

22.6.2007

EN

Official Journal of the European Union

C 138/37

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain seamless pipes and tubes, of iron or steel originating, inter alia, in Russia

(2007/C 138/12)

interim review pursuant

The Commission has decided on its own initiative to initiate a
to Article 11(3) of Council
partial
Regulation (EC) No 384/96 of 22 December 1995 on protec-
tion against dumped imports from countries not members of
the European Community (‘the basic Regulation’) (1). The review
is limited in scope to dumping aspects as far as the exporting
producers/members of the TMK Group (Volzhsky Pipe Plant,
Taganrog Metallurgical Works, Sinarsky Tube Plant and Seversky
Tube Works) and their related companies (‘the company’) are
concerned.

1. Product

are of a lasting nature. Information at the Commission's disposal
indicates that the company's corporate structure has changed
significantly in a lasting way since the period on the basis of
which the existing measures were established.

Furthermore, a comparison of normal value based on the
company's domestic prices and its export prices would lead to a
reduction of dumping significantly below the level of
the
current measure. Therefore
continued imposition of
measures at the existing levels, which were based on the level of
dumping previously established, would no longer be necessary
to offset dumping.

the

The product under review is certain seamless pipes and tubes of
iron or steel, of circular cross-section, of an external diameter
not exceeding 406,4 mm with a Carbon Equivalent Value (CEV)
not exceeding 0,86 according to the International Institute of
Welding (IIW) formula and chemical analysis (2) originating in
Russia (‘the product concerned’), currently classifiable within CN
ex 7304 19 30,
codes
7304 24 00,
ex
7304 31 80,
ex
ex
7304 39 93,
ex 7304 51 89, ex 7304 59 92 and ex 7304 59 93 (3). These
CN codes are given only for information.

ex 7304 11 00,
ex
ex
ex

ex 7304 19 10,
7304 23 00,
7304 29 30,
7304 39 92,

7304 22 00,
7304 29 10,
7304 39 58,

ex
ex
ex

2. Existing measures

4. Procedure for the determination of dumping

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 partial interim
review in accordance with Article 11 (3) of the basic Regu-
lation.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the group of companies mentioned above.

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 954/2006.

(a) Questionnaires

3. Grounds for the review

There is sufficient prima facie evidence available to the Commis-
sion that the circumstances on the basis of which the existing
measures were established have changed and that these changes

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regu-

lation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) The CEV shall be determined in accordance with Technical Report,
1967, IIW doc. IX-535-67, published by the International Institute of
Welding (IIW).

(3) As presently defined in Commission Regulation (EC) No 1549/2006 of
17 October 2006 amending Annex I to Council Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and on the
Common Customs Tariff (OJ L 301, 31.10.2006, p. 1). The product
coverage is determined in combining the product description in Article
1(1) of Council Regulation (EC) No 954/2006 (OJ L 175, 29.6.2006, p.
4) and the product description of the corresponding CN codes taken
together.

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the group and to the authorities of the exporting country
concerned. This
information and supporting evidence
should reach the Commission within the time limit set in
point 5(a) of this notice.

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

C 138/38

EN

Official Journal of the European Union

22.6.2007

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) of this
notice.

5. Time limits

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

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

replies and any other information

7. Non-co-operation

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.

(b) Hearings

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 favorable to that party
than if it had cooperated.

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

8. Schedule of the investigation

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 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’.

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.

9. 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 of 18 December
2000 on the protection of individuals with regard to the proces-
sing of personal data by the Community institutions and bodies
and on the free movement of such data (2).

(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).

(2) OJ L 8, 12.1.2001, p. 1.