Notice of initiation of an anti-dumping proceeding concerning imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China
Date: 2007-10-20
Institutions: European Commission
Subjects: China, anti-dumping legislation, citrus fruit, dumping, import, originating product, prepared foodstuff, preserved product

20.10.2007

EN

Official Journal of the European Union

C 246/15

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an anti-dumping proceeding concerning imports of certain prepared or
preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China

(2007/C 246/08)

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 prepared or preserved
citrus fruits (namely mandarins, etc.), originating in the People's
Republic of China (‘the country concerned’), are being dumped
and are thereby causing material
injury to the Community
industry.

of the provisions of Article 2(7) of the basic Regulation, the
complainant established normal value for the People's Republic
of China on the basis of the prices actually paid or payable in
the Community for the like product. The allegation of dumping
is based on a comparison of normal value, thus calculated, with
the product concerned when sold for
the export prices of
export to the Community.

On this basis, the dumping margin calculated is significant.

1. Complaint

The complaint was lodged on 6 September 2007 by the
Spanish National Federation of Associations of Processed Fruit
and Vegetables
(‘the complainant’) on behalf of
producers representing 100 % of the Community production of
certain prepared or preserved citrus fruits (namely mandarins,
etc.).

(FNACV)

2. Product

The product allegedly being dumped is prepared or preserved
mandarins (including tangerines and satsumas), clementines,
wilkings and other similar citrus hybrids, not containing added
spirit, whether or not containing added sugar or other sweet-
ening matter, and as defined under CN heading 2008, origin-
(‘the product
ating in the People's Republic of China
concerned’), normally declared within CN codes 2008 30 55,
2008 30 75 and ex 2008 30 90. These CN codes are only
given for information.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
in absolute terms and in terms of market
increased overall
share.

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

5. Procedure

3. Allegation of dumping

In the absence of production of the product concerned outside
the Community and the People's Republic of China and in view

(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
Community 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 Regu-
lation.

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Official Journal of the European Union

20.10.2007

5.1. Procedure for the determination 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 product concerned
originating in the People's Republic of China is being dumped
and whether this dumping has caused injury.

(a) Sampling

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

(i) Sampling

for
People's Republic of China

expor ters/producers

in

the

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 turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 October 2006
to 30 September 2007,

— the turnover in local currency and the sales volume
the product concerned on the
in tonnes
domestic market during the period 1 October 2006
to 30 September 2007,

for

— 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,

— 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,

(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 invol-
ving non-market economy countries/economies in transition, and
Article 2(7)(b) of the basic Regulation for companies claiming market
economy treatment. Note that claims for individual treatment necessi-
tate an application pursuant to Article 9(5) of the basic Regulation and
that claims regarding market economy treatment necessitate an appli-
cation pursuant to Article 2(7)(b) of the basic Regulation.

(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).

to its possible inclusion in the sample.

the company
By providing the above information,
If
agrees
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

its response.

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 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 October 2006 to 30 September 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 October 2006 to 30 September
2007
concerned
originating in the People's Republic of China,

imported

product

the

of

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

companies (3)
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,
If
agrees
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

its response.

If

(3) 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 246/17

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) Final selection of the samples

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).

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).

(d) Basis for determining normal value

samples

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

after having

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 inves-
tigation.

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

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community industry and to any association of produ-
cers in the Community, to the sampled exporters/producers
in the People's Republic of China, to any association of
exporters/producers, to the sampled importers, to any asso-
ciation of importers named in the complaint, and to the
authorities of the exporting country concerned.

Exporters/producers
in the People's Republic of China
claiming an individual margin, with a view to the applica-
tion of Articles 17(3) and 9(6) of the basic Regulation, must
submit a completed questionnaire within the time limit set
in point 6(a)(ii) of this notice. They therefore have to request
a questionnaire within the time limit set in point 6(a)(i).
However, such parties should be aware that if sampling is
applied to exporters/producers, the Commission may none-
theless decide not
to calculate an individual margin for
them, if the number of exporters/producers is so large that
individual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

(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

In the absence of production of
the product concerned
outside the Community and the People's Republic of China,
in accordance with
it is intended to base normal value,
Article 2(7)(a) of the basic Regulation, on any other reason-
i.e. the prices actually paid or payable in the
able basis,
Community for
Interested parties are
hereby invited to comment on the appropriateness of this
basis for establishing normal value within the specific time
limit set in point 6(c).

the like product.

(e) Market economy treatment

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy 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/pro-
ducers 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/produ-
cers in the People's Republic of China named in the
complaint and to any association of exporters/producers
named in the complaint, as well as to the authorities of the
People's Republic of China.

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.

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Official Journal of the European Union

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6. Time limits

(a) General time limits

(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

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

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.

Parties to the investigation may wish to comment on the
appropriateness of basing normal value for the People's
Republic of China on prices actually paid or payable in the
European Community for the like product, as mentioned in
point 5.1(d). These comments must reach the Commission
within 10 days of the date of 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.

(b) Specific time limit in respect of sampling

the European Union, given that
to consult parties

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

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

treatment and/or for individual treatment

Duly substantiated claims for market economy treatment (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.

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 4/22
B-1049 Brussels
Fax (32-2) 295 65 05

(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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Official Journal of the European Union

C 246/19

8. Non-cooperation

9. Schedule of the investigation

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.

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.

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 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.