Commission Regulation (EC) No 1536/2007 of 20 December 2007 on initiating a new exporter review of Council Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2007-12-20
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, brick, heat-resisting materials, import, originating product

L 337/42

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Official Journal of the European Union

21.12.2007

COMMISSION REGULATION (EC) No 1536/2007

of 20 December 2007
on initiating a ‘new exporter’ review of Council Regulation (EC) No 1659/2005 imposing a
definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s
Republic of China, repealing the duty with regard to imports from one exporter in this country
and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

1659/2005 (2) under which imports into the Community
the product concerned originating in the People’s
of
Republic of China,
including the product concerned
produced by the applicant, are subject to a definitive
anti-dumping duty of 39,9 % with the exception of
specially mentioned which are
several
subject to individual duty rates.

companies

Having regard to Council Regulation (EC) No 384/96 on
protection against dumped imports
from countries not
members of the European Community (the basic Regulation) (1)
and in particular Article 11(4) thereof,

(4)

After consulting the Advisory Committee,

Whereas:

D. GROUNDS FOR THE REVIEW

it

that

claims

alternatively

The applicant alleges that
it operates under market
economy conditions as defined in Article 2(7)(c) of the
individual
basic Regulation or
treatment in conformity with Article 9(5) of the basic
Regulation,
the product
did not
concerned to the Community during the period of inves-
tigation on which the anti-dumping measures were
based, i.e. the period from 1 April 2003 to 31 March
2004 (the original investigation period) and that it is not
related to any of the exporting producers of the product
which are subject to the above mentioned anti-dumping
measures.

export

(1)

(2)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
lodged by Yingkou
Regulation. The application was
Dalmond Refractories Co., Ltd (the
an
applicant),
exporting producer in the People’s Republic of China
(the country concerned).

B. PRODUCT

The product under review is chemically bonded, unfired
magnesia bricks, whose magnesia component contains at
least 80 % MgO, whether or not containing magnesite
originating in the People’s Republic of China (the
product concerned), currently classifiable within CN
codes
and
ex 6815 99 90
6815 91 00 10,
6815 99 10 20 and 6815 99 90 20). These CN codes
are given only for information.

ex 6815 91 00,
(TARIC

ex 6815 99 10

codes

C. EXISTING MEASURES

(3)

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No

(5)

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period.

(6)

(7)

E. PROCEDURE

Community producers known to be concerned have been
informed of the above mentioned application and have
been given an opportunity to comment.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’ review, pursuant to Article
11(4) of the basic Regulation, with a view to determining
whether the applicant operates under market economy
conditions as defined in Article 2(7)(c) of the basic Regu-
lation or alternatively whether the applicant fulfils the
requirements to have an individual duty established in
accordance with Article 9(5) of
the basic Regulation
and, if so, the applicant’s individual margin of dumping
and, should dumping be found, the level of the duty to
which their imports of the product concerned into the
Community should be subject.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council
Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 267, 12.10.2005, p. 1.

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Official Journal of the European Union

L 337/43

(8)

it

the

applicant

is determined that

the
If
requirements to have an individual duty established,
it
may be necessary to amend the rate of duty currently
applicable to imports of the product concerned from
individually mentioned in Article 1(2)
companies not
of Regulation (EC) No 1659/2005.

fulfils

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send ques-
tionnaires to the applicant.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

Furthermore,
parties, provided that
writing showing that
why they should be heard.

the Commission may hear interested
they make a request
in
there are particular reasons

(9)

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 period provided for by the present Regulation.

(c) Market economy status

In the event that the applicant provides sufficient
it operates under market economy
evidence that
i.e. that it meets the criteria laid down
conditions,
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. For this purpose, duly
substantiated claims must be submitted within the
specific time limit set in Article 4(3) of this Regu-
lation. The Commission will send claim forms to the
applicant, as well as to the authorities of the People’s
Republic of China.

(d) Selection of the market economy country

In the event that the applicant is not granted market
economy status but fulfils the requirements to have
an individual duty established in accordance with
Article 9(5) of the basic Regulation, an appropriate
market-economy country will be used for
the
purpose of establishing normal value in respect of
the People’s Republic of China in accordance with

of

the

basic Regulation. The
Article 2(7)(a)
Commission envisages using the United States of
America again for this purpose as was done in the
investigation which led to the imposition of measures
the product concerned from the
on imports of
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
Article 4(2) of this Regulation.

in the event

the applicant
is
Furthermore,
that
the Commission
granted market economy status,
may,
if necessary, also use findings concerning the
normal value established in an appropriate market-
economy country, e.g. for the purpose of replacing
any unreliable cost or price elements in the People’s
Republic of China which are needed in establishing
the normal value,
if reliable required data are not
available in the People’s Republic of China. The
Commission envisages using the United States of
America also for this purpose.

F. REPEAL OF THE DUTY IN FORCE AND REGIS-

TRATION OF IMPORTS

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
made subject to registration in accordance with Article
14(5) of the basic Regulation,
in order to ensure that,
in a finding of dumping in
should the review result
respect of the applicants, anti-dumping duties can be
the initiation of
levied retroactively from the date of
the applicant’s possible
this review. The amount of
future liabilities cannot be estimated at this stage of the
proceeding.

G. TIME LIMITS

(10)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to the
in writing and
Commission, present
submit the replies to the questionnaire mention in
Article 4(1) of this Regulation or provide any other
information to be taken into account during the
investigation,

their views

— interested parties may make a written request to be

heard by the Commission,

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— interested parties may comment on the appropri-
ateness of the United States of America which,
in
the applicant will not be granted
the event
that
market economy status,
is envisaged as a market-
economy country for the purpose of establishing
normal value in respect of the People’s Republic of
China,

— the applicant should submit a duly substantiated

claim for market economy status.

H. NON-COOPERATION

(11)

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.

(12) Where it is found that any interested party has supplied
false or misleading information, the information shall be
in accordance with
disregarded and use may be made,
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.

(13)

(14)

I. PROCESSING OF PERSONAL DATA

It is noted that any personal data collected in this inves-
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and the
Council on the protection of individuals with regard to
the processing of personal data by the Community insti-
tutions and bodies and on the free movement of such
data (1).

J. HEARING OFFICER

they may request

the intervention of

It is also noted that if interested parties consider that they
are encountering difficulties in the exercise of their rights
of defence,
the
Hearing Officer of DG Trade. He acts as an interface
between the interested parties and the Commission
services,
offering, where necessary, mediation on
their
procedural matters affecting the protection of
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.

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1659/2005 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent
the imports of
chemically bonded, unfired magnesia bricks, whose magnesia
component contains at
least 80 % MgO, whether or not
containing magnesite, falling within CN codes ex 6815 91 00,
ex 6815 99 10
codes
6815 91 00 10, 6815 99 10 20 and 6815 99 90 20) origina-
ting in the People’s Republic of China, produced and sold for
export to the Community by Yingkou Dalmond Refractories
Co., Ltd (TARIC additional code A853) should be subject to
the anti-dumping duty imposed by Council Regulation (EC)
No 1659/2005.

ex 6815 99 90

(TARIC

and

Article 2

The anti-dumping duty imposed by Regulation (EC) No
1659/2005 is hereby repealed with regard to the imports iden-
tified in Article 1 of this Regulation.

Article 3

the Member States are hereby
The customs authorities of
directed, pursuant
to Article 14(5) of Regulation (EC) No
384/96, to take the appropriate steps to register the imports
identified in Article 1 of
this Regulation. Registration shall
expire nine months following the date of entry into force of
this Regulation.

Article 4

1.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital 8(a)
of this Regulation or any other information, unless otherwise
specified, within 40 days of the entry into force of this Regu-
lation.

Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

Parties to the investigation may wish to comment on the
2.
appropriateness of
the United States of America, which is
envisaged as a market-economy third country for the purpose
of establishing normal value in respect of the People’s Republic
of China, must submit their comments within 10 days of the
date of entry into force of this Regulation.

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A duly substantiated claim for market economy treatment
3.
must reach the Commission within 21 days of the date of the
entry into force of this Regulation.

All submissions and requests made by interested parties
4.
must be made in writing (not
in electronic format, unless
otherwise specified) and must indicate the name, address, e-
mail address,
the interested
telephone and fax numbers of
party. All written submissions,
including the information
requested in this Regulation, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited (1)’ and,
in accordance with
Article 19(2) of Regulation (EC) No 384/96, shall be accom-
panied by a non-confidential version, which will be labelled
‘FOR INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

European Commission
Directorate General for Trade
Directorate H
Office: J-79 4/23
B-1049 Brussels
Fax (32-2) 295 65 05.

Article 5

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Peter MANDELSON
Member of the Commission

(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
(OJ L 145, 31.5.2001,
p. 43).
It is a confidential document pursuant to Article 19 of
Regulation (EC) No 384/96 and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-dumping
Agreement).