Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain graphite electrode systems originating in India
Date: 2007-10-02
Institutions: European Commission
Subjects: India, countervailing charge, electrical equipment, export subsidy, import, originating product

2.10.2007

EN

Official Journal of the European Union

C 230/9

Notice of initiation of a partial interim review of the countervailing measures applicable to imports
of certain graphite electrode systems originating in India

(2007/C 230/07)

The Commission has decided on its own initiative to initiate a
partial interim review limited to the level of subsidization for
certain Indian exporting producers pursuant to Article 19 of
Council Regulation (EC) No 2026/97 on protection against
subsidised imports
the
European Community (1) (‘the basic Regulation’).

from countries not members of

1. Product

The product under review is graphite electrodes of a kind used
for electric furnaces, with an apparent density of 1,65 g/cm3 or
more and an electrical resistance of 6,0 μΩ.m or less, falling
within CN code ex 8545 11 00 and nipples used for such elec-
ex 8545 90 90 whether
trodes,
imported together or
separately, originating in India (‘the
product concerned’). These CN codes are given only for infor-
mation.

falling within CN code

2. Existing measures

The measures currently in force are a definitive countervailing
duty imposed by Council Regulation (EC) No 1628/2004 (2) on
imports of certain graphite electrode systems originating in
India.

3. Grounds for the review

These companies include those listed in the Annex and any
other producer of the product under review that makes itself
known to the Commission within the deadline set in point 5(a)
below and demonstrates within the same time limit that (1) it
enjoyed benefits
the two schemes
from one or both of
mentioned above during the investigation period used in the
investigation that led to the determination of the level of the
measure to which they are subject (1 April 2002 to 31 March
2003), and that
(2) given the structural changes in these
schemes as mentioned above, the benefit accruing from these
schemes has decreased.

In addition, if the review investigation shows or any interested
party provides sufficient prima facie evidence within the deadline
set in point 5(a) below that exporters of the product concerned
that are concerned by the current review are benefiting from
subsidy schemes other than those mentioned above, an investi-
gation of these schemes may also be made within the frame-
work of the current review.

Insofar as the modified subsidy margins resulting from the
current investigation could have an impact on the measures
applicable for cooperating companies in the investigation that
set the level of the measures and/or on the residual measure
applicable for all other companies, these rates may be revised
accordingly.

should be noted that,

It
those companies which are
subject to both anti-dumping and countervailing measures, the
anti-dumping measure may be adjusted accordingly should there
be a change in the countervailing measure.

for

There is sufficient prima facie evidence available to the Commis-
sion that the circumstances with regard to subsidisation on the
basis of which measures were established have changed and that
these changes are of a lasting nature.

4. Procedure

Indeed, the benefits from two subsidy schemes (the Duty Entitle-
ment Passbook Scheme (‘DEPBS’) and the Income Tax Exemp-
tion under Section 80 HHC of the Income Tax Act (‘ITES’))
appear to have significantly decreased. This is due to the modifi-
cation of the relevant basic Indian laws on which these schemes
are based.

As a consequence, the level of subsidisation is likely to have
decreased for those companies whose measures are based either
fully or partly on benefits obtained from one or both of the
aforesaid two schemes in the investigation period used in the
investigation that led to the determination of the level of the
existing measures.

This indicates that the measures mentioned in the preceding
point on imports of the product under review at their present
level may no longer be necessary to counteract the current
subsidisation. Therefore, the measures should be reviewed for
the companies in question.

(1) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council

Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 295, 18.9.2004, p. 4.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an ex
officio partial interim review, the Commission hereby initiates a
review in accordance with Article 19 of the basic Regulation.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
those companies having benefited from one or both subsidy
schemes mentioned above and, for those companies, in respect
of other schemes where sufficient evidence is provided as
mentioned in point 3, paragraph 6 above. The investigation will
also assess the need, depending on the findings of the current
investigation, to revise the measures applicable to other compa-
nies that cooperated in the investigation that set the level of the
existing measures and/or the residual measure applicable for all
other companies.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the companies listed in the Annex and to the authorities of
the exporting country concerned.

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EN

Official Journal of the European Union

2.10.2007

(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).

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).

5. Time limits

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

replies and any other information

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,
including that mentioned in point 3, sixth paragraph, within
40 days of the date of publication of this notice in the Offi-
cial 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.

(b) Hearings

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

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 29(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

7. 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 28 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 28 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.

8. Schedule of the investigation

The investigation shall be concluded, according to Article 22(1)
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. Other interim reviews under Article 19 of the basic

Regulation

The scope of the current review is as set out in point 4 above.
Any party wishing to claim a review on the basis of other
grounds may do so in accordance with the provisions of
Article 19 of the basic Regulation.

10. 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 of the Council on the protec-
tion of individuals with regard to the processing 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 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 29
of the basic Regulation and Article 12 of the WTO Agreement on
Subsidies and Countervailing Measures.

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

2.10.2007

EN

Official Journal of the European Union

C 230/11

— Graphite India Limited (GIL), 31 Chowringhee Road, Kolkatta — 700016 West Bengal

— Hindustan Electro Graphite (HEG) Limited, Bhilwara Towers, A-12, Sector-1, Noida — 201301, Uttar Pradesh

ANNEX