Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain graphite electrode systems originating in India
Date: 2008-06-27
Institutions: European Commission
Subjects: India, anti-dumping legislation, anti-dumping measure, electrical equipment, import, originating product

27.6.2008

EN

Official Journal of the European Union

C 164/15

V

(Announcements)

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 graphite electrode systems originating in India

(2008/C 164/10)

interim
The Commission has received a request for a partial
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).

1. Request for review

The request was lodged by Hindustan Electro Graphite Limited
(‘the applicant’), an exporter from India.

The applicant alleges, inter alia, that it has optimized its produc-
tion process of the product concerned resulting in lower costs
of production. This, combined with increased export sales prices
of the product concerned, has led to a reduction of dumping to
a level below the injury margin found in the original investiga-
tion. Therefore, the continued imposition of measures at the
existing levels, which were based on the level of
injury
previously established, is no longer necessary to offset dumping.

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

5. Procedure for the determination of dumping

2. Product

The product under review is graphite electrodes of a kind used
for electric furnaces, with an apparent density of 1,65 g/cm3 or
more and an electrical resistance of 6,0 μΩ.m or less, falling
within CN code ex 8545 11 00 and nipples used for such elec-
trodes,
ex 8545 90 90 whether
imported together or
separately, originating in India (‘the
product concerned’).

falling within CN code

3. Existing measures

The measure currently in force is a definitive dumping duty
imposed by Council Regulation (EC) No 1629/2004 on imports
of certain graphite electrode systems originating in India (2).

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 established have changed and
that these changes are of lasting nature.

(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 295, 18.9.2004, p. 10.

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 1629/2004 (2).

(a) Questionnaires

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

C 164/16

EN

Official Journal of the European Union

27.6.2008

(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).

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

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

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
in accordance with Article 18 of the
and use may be made,
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. 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. 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.

7. Written submissions, questionnaire replies and cor-

11. Hearing Officer

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’.

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-
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 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).

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