Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain magnesia bricks originating in the People's Republic of China
Date: 2008-06-12
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, brick, heat-resisting materials

12.6.2008

EN

Official Journal of the European Union

C 146/27

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 magnesia bricks originating in the People's Republic of China

(2008/C 146/06)

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

necessary to offset dumping.
In particular, the applicant has
provided prima facie evidence showing that it meets the criteria
for market economy treatment. Furthermore, a comparison of
its domestic prices and costs of production and export prices to
the Community indicates that the dumping margin appears to
be substantially lower than the current level of the measure.

1. Request for review

The request was lodged by Bayuquan Refractories Company
Limited (‘the applicant’), an exporter from the People's Republic
of China.

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 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
ex 6815 91 00,
ex 6815 99 10 and ex 6815 99 90. These CN codes are given
only for information.

classifiable within CN codes

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1659/2005 (2) on
imports of certain magnesia bricks originating in the People's
Republic of China.

4. Grounds for the review

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

The applicant provided prima facie evidence that the continued
is no longer
application of the measure at its current level

(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 267, 12.10.2005, p. 1.

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 with a
view to determine whether the company operates under market
economy conditions as defined in Article 2(7)(c) of the basic
Regulation and,
if so, to determine the company's individual
margin of dumping based on their own costs/domestic prices,
and should dumping be found, determine the level of the duty
to which its imports of the product concerned into the Com-
munity should be subject.

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 1659/2005.

(a) Questionnaires

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

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Official Journal of the European Union

12.6.2008

(b) Collection of information and holding of hearings

(b) Specific time limit for submission of claims for market economy

treatment

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)(i).

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)(ii).

(c) Market economy status

In the event that the company provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets the criteria laid down 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, a duly substantiated claim must be submitted
within the specific time limit set in point 6(b) of this notice.
The Commission will send a claim form to the company, as
well as to the authorities of the People's Republic of China.

In the event that the company is granted market economy
treatment, the Commission may, if necessary, 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 considers
using the United States of America for this purpose.

6. Time limits

(a) General time limits

— For parties to make themselves known, to submit ques-

tionnaire 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.

— Hearings

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

company's duly

substantiated claim for market
The
economy treatment, as mentioned in point 5(c) of
this
notice, must reach the Commission within 21 days of the
date of publication of this notice in the Official Journal of the
European Union.

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 labeled ‘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

8. Non-co-operation

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.

(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 regarding public access to
European Parliament, Council and Commission documents (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 Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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Official Journal of the European Union

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9. Schedule of the investigation

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
defence,
the Hearing
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-
in particular, with
tion of their interests in this proceeding,
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).

The investigation will be concluded, according to Article 6(9) of
the basic Regulation, within 15 months of the date of the publi-
cation of this notice in the Official Journal of the European Union.

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 on the protec-
tion of individuals with regard to the processing of personal
data by the Community institutions and bodies and on the free
movement of such data (1).

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