Notice of initiation of a partial reopening of the anti-dumping investigation concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand
Date: 2008-01-12
Institutions: European Commission
Subjects: Thailand, anti-dumping duty, anti-dumping legislation, import, maize, originating product, preserved product

12.1.2008

EN

Official Journal of the European Union

C 7/21

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial reopening of the anti-dumping investigation concerning imports of
certain prepared or preserved sweet corn in kernels originating in Thailand

(2008/C 7/12)

sweet

The Commission has decided on its own initiative to initiate a
partial reopening of the anti-dumping investigation concerning
imports of
corn originating in Thailand initiated
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 Communities (1)
(‘the basic Regulation’). The reopening is limited in scope to the
examination of dumping as far as one exporting producer,
Kuiburi Fruit Canning Co., Limited (‘Kuiburi’ or ‘the company’),
is concerned.

company, in view of the company's application to the Court of
First Instance lodged on 30 August 2007 in Case T-330/07.

Without prejudice to the position which the Community institu-
tions will take should that case be pursued by the applicant, the
Commission notes that during the proceeding, the applicant
was the only non-sampled exporting producer who supplied a
fully completed questionnaire and thus all necessary information
in the sense of Article 17 paragraph 3 of the basic Regulation.

1. Product

4. Procedure

The product concerned is sweet corn (Zea mays var. saccharata)
in kernels, prepared or preserved by vinegar or acetic acid, not
frozen, normally declared within CN code ex 2001 90 30, and
sweet corn (Zea mays var. saccharata)
in kernels prepared or
preserved otherwise than by vinegar or acetic acid, not frozen,
other than products of heading 2006, normally declared within
CN code ex 2005 80 00, originating in Thailand.

2. Existing measures

The measures currently in force for Kuiburi are a definitive
anti-dumping duty imposed by Council Regulation (EC)
No 682/2007 (2) on imports of the product concerned origin-
ating in Thailand.

3. Grounds for the review

The Commission deems it necessary to reassess the factors
which have given rise to the duties on imports on the product
concerned by Regulation (EC) No 682/2007 with regard to the

(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).

(2) OJ L 159, 20.6.2007, p. 14.

Having determined, after consulting the Advisory Committee,
that the initiation of a partial reopening of the anti-dumping
investigation is justified,
the Commission hereby initiates a
partial reopening of the anti-dumping investigation concerning
imports of certain prepared or preserved sweet corn in kernels
originating in Thailand initiated under Article 5 of the basic
Regulation by a notice published in the Official Journal of the
European Union (3).

The Commission will examine the information submitted by
Kuiburi during the original anti-dumping proceeding.

All
interested parties are hereby invited to make their views
known, submit information and provide supporting evidence.
This information and supporting evidence must
reach the
Commission within the time limit set in paragraph 5(a) of this
notice.

the Commission may hear

Furthermore,
interested parties,
provided that they make a request showing that there are par-
ticular reasons why they should be heard. This request must be
made within the time limit set in paragraph 5(b) of this notice.

(3) OJ C 75, 28.3.2006, p. 6.

C 7/22

EN

Official Journal of the European Union

12.1.2008

5. Time limits

7. Non-cooperation

(a) For parties to make themselves known and to submit 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 any information within 40 days of the date of
publication of
the
this notice in the Official
European Union, unless otherwise specified. Attention is
drawn to the fact that the exercise of most procedural rights
in the basic Regulation depends on the party's
set out
making itself known within the aforementioned period.

Journal of

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.

(b) Hearings

8. Schedule of the investigation

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

6. Written submissions and correspondence

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, and/or telex 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 4/23
B-1049 Brussels
Fax (32-2) 295 65 05

The investigation will be concluded, according to Article 6(9) of
the basic Regulation, within, in principle, 12 months, but at the
most 15 months, of the date of the publication of this notice in
the Official Journal of the European Union.

9. 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 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).

10. 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
the Hearing
defence,
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) 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 29 of Council Regu-
lation (EC) No 2026/97 (OJ L 288, 21.10.1997, p. 1) and Article 12 of
the WTO Agreement on Subsidies and Countervailing Measures.

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