Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes and pipes of iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia
Date: 2007-09-26
Institutions: European Commission
Subjects: Belarus, Bosnia and Herzegovina, China, Russia, anti-dumping legislation, dumping, import, originating product, piping, tube

26.9.2007

EN

Official Journal of the European Union

C 226/7

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an anti-dumping proceeding concerning imports of certain welded tubes and
iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's
pipes of

Republic of China and Russia

(2007/C 226/04)

The Commission has received a complaint pursuant to Article 5
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 Regu-
lation’) (1), alleging that imports of certain welded tubes and
pipes of iron or non-alloy steel, originating in Belarus, Bosnia
and Herzegovina, the People's Republic of China and Russia
(‘the countries concerned’), are being dumped and are thereby
causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 20 August 2007 by the Defence
Committee of the welded steel tubes industry of the European
Union (‘the complainant’) on behalf of producers representing a
major proportion,
in this case more than 50 %, of the total
Community production of certain welded tubes and pipes of
iron or non-alloy steel.

2. Product

The product allegedly being dumped 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 Belarus,
Bosnia and Herzegovina, the People's Republic of China and
Russia (‘the product concerned’), normally declared within
CN codes ex 7306 30 41, ex 7306 30 49, ex 7306 30 72 and
ex 7306 30 77. These CN codes are only given for information.

lished on the basis of the cost of production with the export
prices of the product concerned when sold for export to the
Community.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for Belarus and the
People's Republic of China on the basis of the price in a market
economy country, which is mentioned in point 5.1(d). The alle-
gation of dumping is based on a comparison of normal value,
thus calculated, with the export prices of the product concerned
when sold for export to the Community.

On this basis, the dumping margins calculated are significant for
all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Belarus, Bosnia and Herzegovina and
the People's Republic of China have increased overall in absolute
terms and in terms of market share, while those of Russia
remained at significantly high levels.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held and 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.

3. Allegation of dumping

5. Procedure

The allegation of dumping in respect of Bosnia and Herzegovina
and Russia is based on a comparison of normal value estab-

(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).

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the Com-
munity industry and that there is sufficient evidence to justify
the initiation of a proceeding, the Commission hereby initiates
an investigation pursuant to Article 5 of the basic Regulation.

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5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned
originating in Belarus, Bosnia and Herzegovina, the People's
Republic of China and Russia is being dumped and whether this
dumping has caused injury.

— 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,

— any other relevant information that would assist the

Commission in the selection of the sample.

(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.

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

(i) Sampling

expor ters/producers
People's Republic of China and Russia

for

in

the

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.

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 for the product concerned
on the domestic market during the period to 1 July
2006-30 June 2007,

currency

and

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

— the precise activities of the company with regard to

the production of the product concerned,

(1) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample, Article 9(5)
of the basic Regulation concerning individual treatment in cases
involving non-market economy countries/economies in transition, and
Article 2(7)(b) of the basic Regulation for companies claiming market
economy status. Note that claims for individual treatment necessitate
an application pursuant to Article 9(5) of the basic Regulation and that
claims regarding market economy status necessitate an application
pursuant to Article 2(7)(b) of the basic Regulation.

(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,

— the total turnover in euro 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 product concerned originating in Belarus,
Bosnia and Herzegovina, the People's Republic of
China and Russia,

(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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— 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,

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 samples

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

samples

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

after having

consulted

(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the complaint, 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,

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must cooperate within the framework of
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 total turnover in euro of the company during

the period 1 July 2006-30 June 2007,

(b) Questionnaires

— the precise activities of the company with regard to

the production of the product concerned,

— the value in euro 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 sales of

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

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/pro-
ducers in the People's Republic of China and Russia, to the
exporters/producers in Belarus and Bosnia and Herzegovina,
to any association of exporters/producers, to the sampled
importers, to any association of importers named in the
complaint, and to the authorities of the exporting countries
concerned.

— 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.

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

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

(i) Expor ters/producers

in Belar us, Bosnia

and

Herzegovina

such

should

interested

All
the
parties
Commission forthwith by fax, but not later than the
time limit set out in point 6(a)(i), in order to find out
whether they are listed in the complaint and, if neces-
sary, to request a questionnaire, given that the time limit
set in point 6(a)(ii) applies to all such interested parties.

contact

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(ii) Expor ters/producers

an individual
margin in the People's Republic of China and
Russia

claiming

Exporters/producers in the People's Republic of China
and Russia claiming an individual margin, with a view
to the application of Articles 17(3) and 9(6) of the basic
submit a completed questionnaire
Regulation, must
within the time limit set in point 6(a)(ii) of this notice.
They therefore have to request a questionnaire within
the time limit
such
parties should be aware that if sampling is applied to
exporters/producers, the Commission may nonetheless
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investiga-
tion.

in point 6(a)(i). However,

set

(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 has to reach the Commission within
the time limit set in point 6(a)(ii).

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).

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose the United States of America as an
appropriate market economy country for the purpose of
establishing normal value in respect of Belarus and the
People's Republic of China.
Interested parties are hereby
invited to comment on the appropriateness of this choice
within the specific time limit set in point 6(c).

(e) Market economy status

that

they operate under market

For those exporters/producers in the People's Republic of
China and Belarus who claim and provide sufficient
economy
evidence
conditions,
i.e. that they meet the criteria laid down in
Article 2(7)(c) of the basic Regulation, normal value will be
determined in accordance with Article 2(7)(b) of the basic
Regulation. Exporters/producers intending to submit duly
substantiated claims must do so within the specific time
limit set in point 6(d). The Commission will send claim
forms to all exporters/producers in Belarus and to those
exporters/producers in the People's Republic of China who
have been included in the sample and to any association of
exporters/producers named in the complaint, as well as to
the authorities of
the People's Republic of China and
Belarus.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the
event that the allegations of dumping and injury caused thereby
are substantiated, a decision will be reached as to whether the
adoption of anti-dumping measures would not be against the
Community interest. For this reason the Community industry,
importers, 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 precedent 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.

6. Time limits

(a) General time limits

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

claim for ms

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 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

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.

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(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.

(ii) All other information relevant for the selection of the
sample as referred to in point 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.

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

Parties to the investigation may wish to comment on the
appropriateness of United States of America which, as
mentioned in point 5.1(d),
is envisaged as a market-ec-
onomy country for the purpose of establishing normal
value in respect of Belarus and 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 Offi-
cial Journal of the European Union.

(d) Specific time limit for submission of claims for market economy

status and/or for individual treatment

Duly substantiated claims for market economy status (as
mentioned in point 5.1(e)) and/or for individual treatment
pursuant to Article 9(5) of the basic Regulation, must reach
the Commission within 15 days of the date of publication
of this notice in the Official Journal of the European Union.

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-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, provisional or final find-
ings, 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 of the facts available. If an interested
party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation, the result may be less favour-
able to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of
the basic Regulation within 15 months of the date of the publi-
cation of this notice in the Official Journal of the European Union.
According to Article 7(1) of the basic Regulation, provisional
measures may be imposed no later than 9 months from the
publication of this notice in the Official Journal of the European
Union.

7. Written submissions, questionnaire replies and cor-

respondence

10. Processing of personal data

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

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 (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
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).

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