Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain tube and pipe fittings of iron or steel originating in the Republic of Korea and Malaysia
Date: 2007-08-18
Institutions: European Commission
Subjects: Malaysia, South Korea, anti-dumping legislation, anti-dumping measure, originating product, piping

18.8.2007

EN

Official Journal of the European Union

C 192/15

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain tube and pipe fittings of iron or steel originating in the Republic of Korea and Malaysia

(2007/C 192/12)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain tube
and pipe fittings originating in the Republic of Korea and
Malaysia (‘countries 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).

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1514/2002 (3).

1. Request for review

The request was lodged on 23 May 2007 by the Defence
Committee of the Steel Butt-Welding Fittings Industry of the
European Union (‘the applicant’) on behalf of producers repre-
senting a major proportion, in this case more than 25 %, of the
total Community production of certain tube and pipe fittings of
iron or steel.

2. Product

The product under review is tube and pipe fittings (other than
cast fittings, flanges and threaded fittings), of iron or steel (not
including stainless steel), with a greatest external diameter not
exceeding 609,6 mm, of a kind used for butt-welding or other
purposes, originating in the Republic of Korea and Malaysia
(‘the product concerned’), currently classifiable within CN codes
ex 7307 93 11,
ex 7307 99 30 and
ex 7307 99 90. These CN codes are given for information
purposes only.

ex 7307 93 19,

(1) OJ C 286, 23.11.2006, p. 8.
(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).

4. Grounds for the review

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

The allegation of recurrence of dumping in respect of both
countries concerned is based on a comparison of a constructed
normal value with the export prices of the product concerned
when sold for export to a third country, the United States of
America.

On this basis, the dumping margin calculated is significant.

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 import volume of the
product concerned is likely to increase compared to its current
level due to the existence of unused capacity in the countries
concerned.

In addition, the applicant alleges that the removal of injury is
due mainly to the existence of measures and that any recurrence
of substantial
imports at dumped prices from the countries
concerned would be likely to lead to a recurrence of injury for
the Community industry, should measures be allowed to lapse.

(3) OJ L 228, 24.8.2002, p. 1.

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Official Journal of the European Union

18.8.2007

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.

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample.

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 continuation
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.

(i) Sampling

for

expor ters/producers

in

the

Republic of Korea

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporting producers or their representatives are hereby
requested to make themselves known by contacting the
Commission and providing the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the formats indicated in
point 7:

By providing the above information,
the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of
this
implies replying to a questionnaire and accepting an
the
on-the-spot
company indicates that it does not agree to its possible
inclusion in the sample, it will be deemed not to have
co-operated in the investigation. The consequences of
non-cooperation are set out in point 8 below.

investigation of

the sample,

response.

its

If

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authori-
ties of the exporting country and any known associa-
tions of exporters/producers.

(ii) Sampling for impor ters

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or their representatives are hereby requested
to make themselves known to the Commission and to
provide the following information on their company or
companies within the time limit set in point 6(b)(i) and
in the formats indicated in point 7:

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

numbers, and contact person,

— the total turnover in EUR of the company during

the period 1 July 2006 to 30 June 2007,

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

numbers, contact person,

— the total number of employees,

— the turnover in local currency and the volume in
kilograms of the product concerned sold for export
to the Community during the period 1 July 2006 to
30 June 2007,

— the turnover in local currency and the sales volume
in kilograms of the product concerned sold on the
domestic market during the period 1 July 2006 to
30 June 2007,

— the turnover in local currency and the sales volume
in kilograms for the product concerned sold to
other third countries during the period 1 July 2006
to 30 June 2007,

— the precise activities of the company with regard to

the product concerned,

— the volume in kilograms and value in EUR of
imports into and resales made in the Community
market during the period 1 July 2006 to 30 June
2007 of the imported product concerned origin-
ating in the Republic of Korea and Malaysia,

— the names and the precise activities of all related
involved in the production and/or

companies (2)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample.

— the precise activities of the company with regard to
the production of the product concerned and the
the product
production volume in kilograms of
concerned, the production capacity and the invest-
ments in production capacity during the period
1 July 2006 to 30 June 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).

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

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

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Official Journal of the European Union

C 192/17

By providing the above information,
the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of
this
implies replying to a questionnaire and accepting an
on-the-spot
the
company indicates that it does not agree to its possible
inclusion in the sample, it will be deemed not to have
co-operated in the investigation. The consequences of
non-cooperation are set out in point 8 below.

investigation of

the sample,

response.

its

If

investigation of

implies replying to a questionnaire and accepting an
on-the-spot
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 consequences of
non-cooperation are set out in point 8 below.

response.

its

If

the selection of

In order to obtain the information it deems necessary
for
the
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(iv) Final selection of the samples

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in point 6(b)(ii).

(iii) Sampling for Community producers

In view of the large number of Community producers
the Commission intends to
supporting the request,
investigate
injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company or
companies within the time limit set in point 6(b)(i) and
in the formats indicated in point 7:

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

numbers, and contact person,

— the total turnover in EUR of the company during

the period 1 July 2006 to 30 June 2007,

samples

The Commission intends to make the final selection of
the
the parties
concerned that have expressed their willingness to be
included in the sample.

after having

consulted

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

forthcoming,

sufficient co-operation is not

If
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.

— the precise activities of the company with regard to

the production of the product concerned,

(b) Questionnaires

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 July 2006 to 30 June 2007,

— the volume in kilograms of sales of the product
concerned made in the Community market during
the period 1 July 2006 to 30 June 2007,

— the volume in kilograms of the production of the
product concerned during the period 1 July 2006
to 30 June 2007,

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample.

the company
By providing the above information,
agrees to its possible inclusion in the sample. If the
this
company is chosen to be part of

the sample,

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the sampled Community industry and to any association of
producers in the Community, to the sampled exporters/
producers in the Republic of Korea, to the exporters/produ-
cers in Malaysia, to any association of exporters/producers,
to the sampled importers, to any association of importers
named in the request or which co-operated in the investiga-
tion leading to the measures subject to the present review
and to the authorities of the exporting country concerned.

(c) 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 6(a)(ii).

(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).

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(a)(iii).

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Official Journal of the European Union

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5.2. Procedure for the assessment of Community interest

(iii) Hear ings

importers,

In accordance with Article 21 of the basic Regulation and in the
event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether maintaining the anti-dumping measures would
not be against the Community interest. For this reason, the
Community industry,
their representative associa-
tions, representative users and representative consumer organi-
sations, 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 rea-
sons why they should be heard, within the time limit set in
point 6(a)(iii). Any information submitted pursuant to Article 21
will only be taken into account if supported by factual evidence
at the time of submission.

6. Time limits

(a) General time limits

(i) For par ties to request a questionnaire

interested parties who did not co-operate in the
All
investigation leading to the measures subject
to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publica-
tion 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.

selected for

Companies
reply to
the questionnaire within the time limit specified in
point 6(b)(iii).

a sample must

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

Journal of

(i) The information specified in point 5.1(a)(i), 5.1(a)(ii)
and 5.1(a)(iii) should reach the Commission within
15 days of the date of publication of this notice in the
Official
the European Union, given that the
Commission intends to consult parties 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
sample as referred to in 5.1(a)(iv) must
reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

(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.

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 4/23
B-1049 Brussels
Fax (32-2) 295 65 05

8. Non-co-operation

Where 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.

(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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Official Journal of the European Union

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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.

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
being
amended

those measures

but will

lead

to

repealed or maintained in accordance with Article 11(6) of the
basic Regulation.

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 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 (1).

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