Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain welded tubes and pipes of iron or non-alloy steel originating in Ukraine
Date: 2008-01-24
Institutions: European Commission
Subjects: Ukraine, anti-dumping measure, import, originating product, piping, tube

C 17/14

EN

Official Journal of the European Union

24.1.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain welded tubes and pipes of iron or non-alloy steel originating in Ukraine

(2008/C 17/10)

The Commission has received a request for a partial
interim
review pursuant to Article 11(3) of Council Regulation (EC)
No 384/96 of 22 December 1995 on protection against
dumped imports from countries not members of the European
Community (1) (‘the basic Regulation’).

export prices to a third country market comparable to the EU,
would lead to a reduction of dumping significantly below the
level of the current measures. Therefore, the continued imposi-
tion of measures at the existing level, which were based on the
level of dumping previously established, is no longer necessary
to offset dumping.

1. Request for review

The request was lodged by the Interpipe Group (‘the applicant’),
an exporter from Ukraine.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. Product

The product under review is welded tubes and pipes, of iron
or non-alloy steel, of circular cross-section and of an external
diameter not exceeding 168,3 mm, excluding tubes and pipes of
a kind used for oil or gas pipelines, of a kind used in drilling
for oil or gas, or with attached fittings for use in civil aircraft,
other
(‘the
than precision tubes, originating in Ukraine
product concerned’), currently classifiable within CN codes
ex 7306 30 41,
ex 7306 30 72 and
ex 7306 30 77. These CN codes are given only for information.

ex 7306 30 49,

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1697/2002 (2) on
imports of certain welded tubes and pipes, of iron or non-alloy
steel originating in Ukraine.

4. Grounds for the review

The request pursuant to Article 11(3) is based on the prima facie
evidence, provided by the applicant, that the circumstances on
the basis of which measures were established have changed and
that these changes are of lasting nature.

The applicant has provided evidence showing that a comparison
of normal value based on its own costs/domestic prices and its

(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 259, 27.9.2002, p. 8.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant.

it

is determined that measures

If
should be removed or
amended for the applicant, it may be necessary to amend the
rate of duty currently applicable to imports of
the product
concerned from companies not mentioned in Article 1 of Regu-
lation (EC) No 1697/2002.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the applicant and to the authorities of
the exporting
information and supporting
country concerned. This
evidence should reach the Commission within the time limit
set in point 6(a).

(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 6(a).

24.1.2008

EN

Official Journal of the European Union

C 17/15

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(b).

6. 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
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.

(b) Hearings

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, findings, 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,
in accordance with 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.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation, within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

10. Processing of personal data

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 4/23
B-1049 Brussels
Fax (32-2) 295 65 05.

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).

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
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 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).

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