Notice of initiation of an anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated iron or steel flat-rolled products originating in the People's Republic of China
Date: 2007-12-14
Institutions: European Commission
Subjects: China, anti-dumping legislation, dumping, import, originating product, plate, steel

C 302/24

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Official Journal of the European Union

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of

initiation of an anti-dumping proceeding concerning imports of certain hot-dipped

metallic-coated iron or steel flat-rolled products originating in the People's Republic of China

(2007/C 302/13)

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 hot-dipped metallic-
coated iron or steel
flat-rolled products, originating in the
People's Republic of China (‘the country concerned’), are being
dumped and are thereby causing material injury to the Com-
munity industry.

— flat-rolled products of alloy steel, of a width of

less
than 600 mm, plated or coated with zinc and/or aluminium
(excluding of stainless steel, of silicon-electrical steel, of
high-speed steel, of products not
further worked than
hot-rolled or cold-rolled (cold-reduced) and of products elec-
tronically plated or coated with zinc) normally declared
within CN codes 7226 99 30 and ex 7226 99 70, origin-
ating in the People's Republic of China (‘the product
concerned’). These CN codes are only given for information.

1. Complaint

3. Allegation of dumping

The complaint was lodged on 30 October 2007 by EUROFER
(‘the complainant’) on behalf of producers representing a major
proportion,
in this case more than 25 %, of the total Com-
munity production of certain hot-dipped metallic-coated iron or
steel flat-rolled products.

2. Product

The product allegedly being dumped is certain hot-dipped
metallic-coated iron or steel flat-rolled products, i.e.:

— flat-rolled products of

iron or non-alloy steel, plated or
coated with zinc and/or with aluminium (excluding electro-
nically plated or coated with zinc) normally declared within
7210 61 00,
CN codes
7210 69 00, 7212 30 00, 7212 50 61 and 7212 50 69,

7210 49 00,

7210 41 00,

— flat-rolled products of alloy steel, of a width of 600 mm or
coated with zinc and/or aluminium
more, plated or
(excluding of stainless steel, of silicon-electrical steel, of
products not further worked than hot-rolled or cold-rolled
(cold-reduced) and of products electronically plated or
coated with zinc) normally declared within CN codes
7225 92 00 and ex 7225 99 00, and

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regu-

lation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

In view 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 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 margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
increased overall
in absolute terms and in terms of market
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 market share held, the quantities sold
and the level of prices charged by the Community industry,
resulting in substantial adverse effects on the overall perfor-
mance of the Community industry.

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5. Procedure

— any other relevant information that would assist the

Commission in the selection of the sample.

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.

5.1. Procedure for the determination of dumping and injury

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 manufactured
by the company and sold for export to the Com-
munity during the period 1 December 2006 to
30 November 2007,

— the turnover

in local currency and the volume
in tonnes of the product concerned manufactured
by the
company and sold on the domestic
market during the period 1 December 2006 to
30 November 2007,

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

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying down
provisions for
the implementation of Council Regulation (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.

Since a company can not be sure to be chosen into the
sample, exporters/producers that wish to claim an indi-
vidual margin (2) are advised to request a questionnaire
within the deadline foreseen in point 6(a)(i) of
this
notice, and file it within the deadline foreseen in point
6(a)(ii) first paragraph of this notice. However, attention
is drawn to the last sentence of point 5.1(b) of this
notice.

(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 December 2006 to 30 November
2007,

(2) 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 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 treatment necessitate an application
pursuant to Article 2(7)(b) of the basic Regulation.

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— 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 December 2006 to
30 November 2007 of
the imported product
concerned originating in the People's Republic of
China,

— 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,
If
agrees
the company is chosen to be part of
the sample,
this will imply replying to a questionnaire and accepting
the
an on-the-spot
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

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 complaint, the Commission intends to
investigate
injury to the Community industry by
applying sampling.

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
Community producers, or
representatives acting on
their behalf, 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 December 2006 to 30 November
2007,

— the precise activities of the company with regard to

the product concerned,

— the value in euro of sales of the product concerned
made in the Community market during the period
1 December 2006 to 30 November 2007,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 December 2006 to 30 November
2007,

— the volume in tonnes of

the
product concerned during the period 1 December
2006 to 30 November 2007,

the production of

— 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,
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

(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).

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

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying down
provisions for
the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code (OJ L 253,
11.10.1993, p. 1).

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.

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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.

(b) Questionnaires

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, to any association
of exporters/producers, to the sampled importers, to any
association of importers named in the complaint, to known
users and to the authorities of
the exporting country
concerned.

in point 6(a)(ii) of

Exporters/producers in the People's Republic of China who
wish to claim an individual margin, with a view to the appli-
cation of Articles 17(3) and 9(6) of the basic Regulation,
must submit a completed questionnaire within the time
limit set
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 nonetheless decide not
to calculate an individual
margin for them, if the number of exporters/producers is so
large that individual examination would be unduly burden-
some and would prevent the timely completion of the inves-
tigation.

(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).

ness of this choice within the specific time limit set in
point 6(c).

(e) Market economy treatment

For those exporters/producers in the People's Republic of
China which 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 which have either
been included in the sample or named in the complaint and
to any association of exporters/producers named in the
the People's
complaint, as well as to the authorities of
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.

6. Time limits

(a) General time limits

(d) Selection of the market economy country

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

claim for ms

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Brazil as an appropriate market
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. Interested
parties are hereby invited to comment on the appropriate-

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.

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(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. All expor-
ters/producers concerned by this proceeding, who wish
to apply for individual examination in accordance with
Article 17(3) of the basic Regulation, must also submit
a questionnaire reply 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

point 5.1(d), is envisaged as a market economy country for
the purpose of establishing normal value in respect of 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 Official Journal of the European Union.

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

and/or 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’.

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

Commission address for correspondence:

(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 Brazil which, as mentioned in

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.

(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 19
of the basic Regulation and Article 6 of the WTO Agreement on Imple-
mentation 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 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

It is noted 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 (1).

11. Hearing Officer

their

they may request

in the exercise of

the intervention of

It is also noted that if interested parties consider that they are
rights of
encountering difficulties
defence,
the Hearing
Officer of DG Trade. He acts as an interface between the inter-
ested parties and the Commission services, offering, where
necessary, mediation on procedural matters affecting the protec-
tion of their interests in this proceeding,
in particular, with
regard to issues concerning access to the file, confidentiality,
extension of time limits and the treatment of written and/or
oral submission of views. For further information and contact
details, interested parties may consult the Hearing Officer's web
pages on the website of DG Trade (http://ec.europa.eu/trade).

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