Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain castings originating in the People's Republic of China
Date: 2008-03-20
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, iron and steel product, originating product

C 74/66

EN

Official Journal of the European Union

20.3.2008

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 castings originating in the People's Republic of China

(2008/C 74/16)

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’). The review is limited to
the examination of the product scope as regards the clarification
of whether certain product types fall within the scope of the
measures on certain castings.

The request was lodged by Eurofonte (‘the applicant’).

1. Product

scope should be clarified as far as castings of ductile iron are
concerned and in particular whether these kind of castings fall
within the definition of the product concerned.

Therefore it is appropriate to review the case as far as the scope
of the product is concerned. Any Regulation which may result
from this review might possibly have a retroactive effect as of
the date of imposition of the relevant measures, or possibly
from a later date, for instance the date after publication of this
Notice. All operators, and in particular importers are invited to
make their views known on this issue, and submit any evidence
supporting those views.

systems,

and parts

The product under review is castings of non-malleable cast iron
of a kind used to cover and/or to give access to ground or
thereof, whether or not
sub-surface
machined, coated or painted or fitted with other materials,
excluding fire hydrants, originating in the People's Republic of
China (‘the product concerned’), currently classifiable within
CN codes 7325 10 50, 7325 10 92 and ex 7325 10 99. These
CN codes are given only for information.

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1212/2005 (2) on
imports of certain castings originating in the People's Republic
of China as amended by Regulation (EC) No 268/2006 (3).
accepted by Commission Decision
An undertaking was
2006/109/EC (4).

3. Grounds for the review

iron.

In the descriptive part of

The product subject to measures specified in Article 1 of Regu-
lation (EC) No 1212/2005 refers to castings of non-malleable
cast
the same Regulation
(recitals 18-23) reference is made to castings of grey and ductile
iron. The applicant alleges that there is a lack of clarity as to the
scope of the measure as set in the abovementioned Regulation.
In these circumstances, the applicant alleges that the product

4. Procedure

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, limited to
the examination of the product scope.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
Community industry, to other known producers in the Com-
munity,
to known
exporting producers in the People's Republic of China and to
the authorities of that country. This information and supporting
evidence should reach the Commission within the time limit set
in point 5(a).

to known importers,

to known users,

(b) Collection of information and holding of hearings

(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 199, 29.7.2005, p. 1.
(3) OJ L 47, 17.2.2006, p. 3.
(4) OJ L 47, 17.2.2006, p. 59.

All
interested parties are hereby invited to make their views
known, submit information, including information other than
questionnaire replies, and to provide supporting evidence. This
information and supporting evidence must reach the Commis-
sion within the time limit set in point 5(a).

20.3.2008

EN

Official Journal of the European Union

C 74/67

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 point 5(b).

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.

5. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

interested parties,

All
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. Atten-
tion 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

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

6. 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, 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’.

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.

8. 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.

9. Other interim reviews under Article 11(3) of the basic

Regulation

The scope of the current review is as set out in point 4 above.
Any party wishing to claim a review on the basis of other
grounds may do so in accordance with the provisions of
Article 11(3) of the basic Regulation.

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 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

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.

7. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits, or

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
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).

their interests in this proceeding,

(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).

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