Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China and those consigned from Taiwan, whether declared as originating in Taiwan or not
Date: 2008-06-05
Institutions: European Commission
Subjects: China, Taiwan, Thailand, anti-dumping duty, anti-dumping legislation, import, originating product, piping

C 138/42

EN

Official Journal of the European Union

5.6.2008

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China and
Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain
tube or pipe fittings, of iron or steel, originating in the People's Republic of China and those
consigned from Taiwan, whether declared as originating in Taiwan or not

(2008/C 138/12)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain tube
or pipe fittings, of iron or steel, originating in the People's
Republic of China and Thailand,
(‘countries concerned’), the
Commission has received a request for reviews pursuant to
Article 11(2) and (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 (‘the
basic Regulation’) (2).

1. Request for review

The request was lodged on 5 March 2008 by the Defence
Committee of the Steel Butt-Welding Fittings Industry of the
European Union (‘the applicant’) on behalf of producers repre-
senting a major proportion, in this case more than 25 % of the
total Community production of certain tube or pipe fittings, of
iron or steel.

2. Product

The product under review is tube or pipe fittings (other than
cast fittings, flanges and threaded fittings) of iron or steel (not
including stainless steel), with a greatest external diameter not
exceeding 609,6 mm, of a kind used for butt-welding or other
purposes, originating in the People's Republic of China and
Thailand (‘the product concerned’), currently classifiable within

CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and
ex 7307 99 90. These CN codes are given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 964/2003 (3) on
imports of certain tube or pipe fittings, of iron or steel, origin-
ating in the People's Republic of China and Thailand, and those
consigned from Taiwan, whether declared as originating in
Taiwan or not as last amended by Council Regulation (EC)
No 1496/2004 (4).

4. Grounds for the reviews

4.1. Grounds for the expiry review

The request is based on the grounds that the expiry of measures
would be likely to result
in continuation or recurrence of
dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
normal value was established for the People's Republic of China
on the basis of the price in an appropriate market economy
country, which is mentioned in point 5.1(d). The likelihood of
continuation of dumping is based on a comparison of normal
value, established as set out in the preceding sentence, with the
export prices of the product concerned when sold for export to
the Community.

On this basis, the dumping margin calculated is significant.

(1) OJ C 238, 10.10.2007, p. 20.
(2) 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).

(3) OJ L 139, 6.6.2003, p. 1.
(4) OJ L 275, 25.8.2004, p. 1.

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imposition of measures,

the exporters/producers of

Furthermore, the applicant points out that during the period
of
the
product concerned from the People's Republic of China tried to
circumvention
undermine
practices which were counteracted by Council Regulations
(EC) No
(EC)
No 2053/2004 (2) and (EC) No 655/2006 (3).

existing measures

2052/2004 (2),

763/2000 (1),

(EC) No

the

by

sion of the anti-dumping measures imposed on imports origin-
ating in the People's Republic of China to imports consigned
from Taiwan,
in
reviews
accordance with Article 11(2) and (3) of the basic Regulation.

the Commission hereby initiates

The allegation of likelihood of continuation of dumping with
respect to Thailand is based on a comparison of a constructed
normal value, established on the basis of cost of production,
with the export prices of the product concerned when sold for
export to the Community.

imports of

The applicant has provided evidence that
the
product concerned from the People's Republic of China and
Thailand have continued to enter in significant quantities, and
that such quantities would be likely to remain at their current
levels, if not increase inter alia due to the measures in force on
imports of the product originating in the countries concerned
in traditional markets other than the EU (i.e. the USA) and the
existence of unused capacity in the countries concerned.

The applicant allege that the current improved situation with
regard to injury is mainly due to the existence of measures and
that any continuation or recurrence of substantial
imports at
dumped prices from the countries concerned would likely lead
to a recurrence of injury of the Community industry should
measures be allowed to lapse.

5.1. Procedure for the expiry and interim reviews

The investigation will determine whether the expiry of
the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury. The interim review will
determine whether, with regard to imports of
the product
concerned consigned from Taiwan, the exemption of certain
tube or pipe fittings, of iron or steel produced by Chup Hsin
Enterprise Co. Ltd, Kaohsiung (Taiwan) and Niang Hong Pipe
Fittings Co. Ltd, Kaohsiung (Taiwan) from the extension of the
anti-dumping measures imposed on imports originating in the
People's Republic of China to imports consigned from Taiwan is
still justified to counteract the injurious dumping.

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

4.2. Grounds for the interim review

The applicant has provided information that, with regard to
imports of the product concerned from the People's Republic of
China, the measure is no longer sufficient to counteract the
injurious dumping, in particular as far as the extension of the
measure to imports consigned from Taiwan is concerned. The
applicant has provided prima facie evidence that the exemption
of
imports produced by Chup Hsin Enterprise Co. Ltd,
Kaohsiung (Taiwan) and Niang Hong Pipe Fittings Co. Ltd,
Kaohsiung (Taiwan) from the extended measure is no longer
justified as these companies appear to be engaged in circumven-
tion practices such as transshipment of certain tube or pipe
fittings, of iron or steel, originating in the People's Republic of
China via Taiwan.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review and a partial interim review, limited to the exemp-
tion of certain tube or pipe fittings, of iron or steel produced by
Chup Hsin Enterprise Co. Ltd, Kaohsiung (Taiwan) and Niang
Hong Pipe Fittings Co. Ltd, Kaohsiung (Taiwan) from the exten-

(1) OJ L 94, 14.4.2000, p. 1. Regulation as last amended by Regulation

(EC) No 2314/2000 (OJ L 267, 20.10.2000, p. 15).

(2) OJ L 355, 1.12.2004, p. 4.
(3) OJ L 116, 29.4.2006, p. 1.

(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 sold for export to
the Community during the period 1 April 2007 to
31 March 2008,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold on the
domestic market during the period 1 April 2007 to
31 March 2008,

— the turnover in local currency and the sales volume
in tonnes for the product concerned sold to other
third countries during the period 1 April 2007 to
31 March 2008,

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— the precise activities of the company with regard to
the production of the product concerned and the
production volume
the product
concerned, the production capacity and the invest-
ments in production capacity during the period
1 April 2007 to 31 March 2008,

in tonnes of

— 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,

— 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 sample,
the company is chosen to be part of
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 or inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The conse-
quences 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 countries, and any known associa-
tions of exporters/producers.

(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 of
the product concerned into the Com-
munity, 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 April 2007 to 31 March 2008,

— 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 April 2007 to 31 March 2008
of the imported product concerned originating in
and Thailand
the People's Republic of China
Indonesia,
or consigned from Taiwan, Sri Lanka,

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92 establishing the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

the Philippines, whether declared as originating in
Taiwan, Sri Lanka, Indonesia, the Philippines or not,

— the names and the precise activities of all related
companies involved in the production and/or selling
of the product concerned (2),

— 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 or inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The conse-
quences 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 request,
the Commission intends to
injury to the Community industry by
investigate
applying sampling. In order to enable the Commission
to select a sample, all Community producers 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 April 2007 to 31 March 2008,

— the precise activities of the company with regard to

the product concerned,

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 April 2007 to 31 March 2008,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 April 2007 to 31 March 2008,

— the volume in tonnes of

the
product concerned during the period 1 April 2007
to 31 March 2008,

the production of

(2) For guidance on the meaning of related companies, please refer to

Article 143 of Regulation (EEC) No 2454/93.

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— 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 implies replying to a questionnaire and accepting
an on-the-spot
the
company indicates that it does not agree to its possible
inclusion or inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The conse-
quences 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 samples 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 samples.

after having

consulted

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must co-operate within the framework of the inves-
tigation.

forthcoming,

sufficient co-operation is not

the
If
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 the

People's Republic of China,

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
to the
exporters/producers in Thailand, to Chup Hsin Enterprise
Co. Ltd, Kaohsiung (Taiwan) and Niang Hong Pipe Fittings
to any association of
Co. Ltd, Kaohsiung (Taiwan),
exporters/producers, to the sampled importers, to any asso-
ciation of importers named in the request or which co-oper-
ated in the investigation leading to the measures subject to
the present review, to any known user or user association
and to the authorities of the exporting countries concerned.

(1) For guidance on the meaning of related companies, please refer to

Article 143 of Regulation (EEC) No 2454/93.

(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 must 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).

(d) Selection of the market economy country

The Commission envisages using the United States of
America as an appropriate market economy third country
for the purpose of establishing normal value with respect to
the People's Republic of China. Interested parties are hereby
invited to comment on the appropriateness of this country
within the specific time limit set in point 6(c).

5.2. Procedure for the assessment of Community interest

importers,

In accordance with Article 21 of the basic Regulation and in the
event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether maintaining the anti-dumping measures would
not be against the Community interest. For this reason the
Community industry,
their representative associa-
tions, representative users and representative consumer organi-
sations, 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 previous
sentence may request a hearing, setting out
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 of the basic Regulation will only be
taken into account if supported by factual evidence at the time
of submission.

6. Time limits

(a) General time limits

(i) For par ties to request a questionnaire

interested parties who did not co-operate in the
All
investigation leading to the measures subject
to the
present review should request a questionnaire or other
claim forms as soon as possible, but not later than
15 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. 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 limit specified in
point 6(b)(iii).

sample must

in

(iii) Hear ings

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

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

8. Non-co-operation

(b) Specific time limit in respect of sampling

Journal of

(i) The information specified in point 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 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.

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

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in 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.

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.

(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).

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10. Possibility to request a review under Article 11(3) of

11. Processing of personal data

the basic Regulation

As this expiry review is initiated in accordance with the provi-
sions of Article 11(2) of
the basic Regulation, the findings
thereof will not lead to the level of the existing measures being
amended but will
lead to those measures being repealed or
maintained in accordance with Article 11(6) of the basic Regu-
lation. However, the interim review which is also initiated by
this notice may lead to the termination of the exemption from
duties for the two companies mentioned in point 4.2.

If any party to the proceeding considers that a review of the
level of the measures is warranted so as to allow for the possibi-
lity to amend (i.e. increase or decrease) the level of the measures,
that party may request a review in accordance with Article 11(3)
of the basic Regulation.

Parties wishing to request such a review, which would be carried
out
the expiry review mentioned in this
notice, may contact the Commission at the address given above.

independently of

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 (1).

12. 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
encountering difficulties
rights of
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) OJ L 8, 12.1.2001, p. 1.