Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Thailand, Turkey and Ukraine and an interim review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Turkey
Date: 2007-09-26
Institutions: European Commission
Subjects: Thailand, Türkiye, Ukraine, anti-dumping duty, anti-dumping legislation, import, originating product, piping, tube

C 226/12

EN

Official Journal of the European Union

26.9.2007

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain welded tubes and pipes of iron or non-alloy steel originating in Thailand, Turkey and
Ukraine and an interim review of the anti-dumping measures applicable to imports of certain
welded tubes and pipes of iron or non-alloy steel originating in Turkey

(2007/C 226/05)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain
welded tubes and pipes of iron or non-alloy steel originating in
Thailand, Turkey and Ukraine,
the
Commission has received a request for reviews pursuant to
Article 11(2) and (3) of 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’) (2).

(‘countries concerned’),

The allegation of
likelihood of continuation of dumping in
respect of Turkey is based on a comparison of normal value,
established on the basis of domestic prices, with the export
prices of the product concerned when sold for export to the
Community.

On this basis, the dumping margin calculated for Turkey is
significant.

1. Request for review

The request was lodged on 25 June 2007 by the Defence
Committee of the welded steel tubes industry of the European
Union (‘the applicant’) on behalf of producers representing a
in this case more than 50 %, of the total
major proportion,
Community production of certain welded tubes and pipes of
iron or non-alloy steel.

2. Product

The product under review is welded tubes and pipes, of iron or
non-alloy steel, of circular cross-section and of an external
diameter not exceeding 168,3 mm, excluding tubes and pipes of
a kind used for oil or gas pipelines, of a kind used in drilling for
oil or gas, or with attached fittings for use in civil aircraft, other
than precision tubes, originating in Thailand, Turkey and
Ukraine (‘the product concerned’), currently classifiable within
CN codes ex 7306 30 41, ex 7306 30 49, ex 7306 30 72 and
ex 7306 30 77. These CN codes are given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1697/2002 (3).

4. Grounds for the reviews

4.1. Grounds for the expiry review

In demonstrating the likelihood of
recurrence of dumping
for Thailand and Ukraine, export prices to other third countries,
i.e. United States of America and Russia respectively, have been
used by the applicant given the current absence of significant
import volumes from Thailand and Ukraine to the Community.
These export prices were compared with normal values based
on cost of production.

On this basis, the applicant alleges that there is a likelihood of
recurrence of dumping for Thailand and Ukraine.

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 countries concerned.

In respect of Turkey, the applicant also alleges that imports of
the product concerned from this country have continued to
cause injury to the Community industry due to their increased
volume and low prices.

In addition, the applicant alleges that the already fragile situation
the Community industry would further deteriorate if
of
measures were allowed to lapse and that any recurrence of
substantial
from the countries
concerned would likely lead to a recurrence of further injury of
the Community industry.

imports at dumped prices

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

(1) OJ C 296, 6.12.2006, p. 25.
(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 259, 27.9.2002, p. 8.

4.2. Grounds for the interim review

The applicant has provided information that,
in regard to
imports of the product concerned from Turkey, the level of the
measure is no longer sufficient
the injurious
dumping, which, calculated as explained above, appears to have
significantly increased.

to counteract

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Official Journal of the European Union

C 226/13

imports of

further alleges that

The applicant
the product
concerned from Turkey have remained at significantly high
levels both in absolute terms and in terms of market share. As
the imported
explained above,
product concerned from this country have, among other conse-
quences, had a negative impact on the market share held and on
the level of prices charged by the Community industry, resulting
in substantial adverse effects on the overall performance and the
financial situation of the Community industry.

the volumes and prices of

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review and an interim review, as far as imports from
Turkey is concerned, the Commission hereby initiates reviews in
accordance with Article 11(2) and (3) 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 July
2006-30 June 2007,

— whether the company intends to claim an individual
margin (1) (individual margins can only be claimed
by Turkish producers),

— the precise activities of the company with regard to
the production of the product concerned and the
the product
production volume
concerned, the production capacity and the invest-
ments in production capacity during the period
1 July 2006-30 June 2007,

in tonnes of

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

companies (2)
selling (export and/or domestic) of
concerned,

5.1. Procedure for the determination of dumping, likelihood of

dumping and injury

— any other relevant information that would assist the

Commission in the selection of the sample.

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. The interim review will
determine whether, with regard to imports of
the product
concerned from Turkey, the current level of the measure is suffi-
cient to counteract the injurious dumping.

(a) Sampling

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

(i) Sampling for

expor ters/producers

in coun-

tr y(ies) concer ned

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, 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:

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

numbers and contact person,

— the

in

turnover

the
local
volume in tonnes of the product concerned sold for
export to the Community during the period 1 July
2006-30 June 2007,

currency

and

— the

in

turnover

the
local
sales volume in tonnes of the product concerned
sold on the domestic market during the period
1 July 2006-30 June 2007,

currency

and

to its possible inclusion in the sample.

the company
By providing the above information,
agrees
If
the company is chosen to be part of the sample, this
will imply 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.

investigation of

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 countries 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 representatives acting on their behalf, 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,

(1) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for Turkish companies not included in the sample.
(2) 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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Official Journal of the European Union

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— the total turnover in € of the company during the

period 1 July 2006-30 June 2007,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 1 July 2006-30 June 2007 of the
imported
in
product
Thailand, Turkey and Ukraine,

originating

concerned

— 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.

to its possible inclusion in the sample.

the company
By providing the above information,
agrees
If
the company is chosen to be part of the sample, this
will imply 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.

investigation of

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,

(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the request,
the Commission intends to
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 euro of the company during

the period 1 July 2006-30 June 2007,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 July 2006-30 June 2007,

— the volume

in tonnes of

the production of
the product concerned during the period 1 July
2006-30 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.

to its possible inclusion in the sample.

the company
By providing the above information,
agrees
If
the company is chosen to be part of the sample, this
will imply 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.

investigation of

response.

its

If

(iv) Final selection of the sample

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).

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

Companies included in the sample must reply to a ques-
tionnaire within the time limit set in point 6 (b)(iii) and
must co-operate within the framework of the investiga-
tion.

forthcoming,

sufficient co-operation is not

the
If
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
to the party concerned, as
be less advantageous
explained in point 8.

— the precise activities of the company with regard to

the production of the product concerned

(b) Collection of information and holding of hearings

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

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

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

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).

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Official Journal of the European Union

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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).

6 Time limits

(a) General time limits

(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.

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

claim for ms

7. Written submissions, questionnaire replies and cor-

respondence

All interested parties should request a questionnaire or
other claim forms as soon as possible, but not later
than 10 days after the 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 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’.

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.

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

selected

Companies
submit
a
questionnaire replies within the time limits specified in
point 6(b)(iii).

sample must

in

(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

Journal of

(i) The information specified in points 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.

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, 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
European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission docu-
ments (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

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

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

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 of 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.