Notice of initiation of an anti-dumping proceeding concerning imports of certain aluminium foil originating in Armenia, Brazil and the People's Republic of China
Date: 2008-07-12
Institutions: European Commission
Subjects: Armenia, Brazil, China, aluminium, anti-dumping duty, anti-dumping legislation, dumping, import, originating product, thin sheet

12.7.2008

EN

Official Journal of the European Union

C 177/13

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an anti-dumping proceeding concerning imports of certain aluminium foil
originating in Armenia, Brazil and the People's Republic of China

(2008/C 177/07)

The Commission has received a complaint pursuant to Article 5
of Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (1), alleging that imports of
certain aluminium foil, originating in Armenia, Brazil and the
People's Republic of China (‘the countries concerned’), are being
dumped and are thereby causing material injury to the Com-
munity industry.

economy country, which is mentioned in point 5.1(d). The alle-
gation of dumping is based on a comparison of normal value,
thus calculated, with the export prices of the product concerned
when sold for export to the Community.

On this basis, the dumping margins calculated are significant.

1. Complaint

4. Allegation of injury

The complaint was lodged on 28 May 2008 by the European
Association of Metals (EUROMÉTAUX) (‘the complainant’) on
in this
behalf of producers representing a major proportion,
case more than 25 %, of the total Community production of
certain aluminium foil.

2. Product

The product allegedly being dumped is aluminium foil of a
less than 0,008 mm and not more than
thickness of not
0,018 mm, not backed, not further worked than rolled, in reels
of a width not exceeding 650 mm originating in Armenia,
Brazil and the People's Republic of China (‘the product
concerned’), normally declared within CN code ex 7607 11 10.
This CN code is only given for information.

3. Allegation of dumping

The allegation of dumping in respect of Brazil is based on a
comparison of a constructed normal value with the export
prices of the product concerned when sold for export to the
Community.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for Armenia and the
People's Republic of China on the basis of the price in a market

(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).

The complainant has provided evidence that imports of the
product concerned from Armenia, Brazil and the People's
Republic of China have increased overall in absolute terms and
in terms of market share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held and the quantities
sold by the Community industry, resulting in substantial adverse
effects on the overall performance, and in particular on the
production, capacity utilisation and employment of the Com-
munity industry.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the Com-
munity industry and that there is sufficient evidence to justify
the initiation of a proceeding, the Commission hereby initiates
an investigation pursuant to Article 5 of the basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned
originating in Armenia, Brazil and the People's Republic of
China is being dumped and whether this dumping has caused
injury.

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Official Journal of the European Union

12.7.2008

(a) Sampling

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

Since a company cannot be certain that
it will be
selected in the sample, exporters/producers that wish to
claim an individual margin pursuant to Article 17(3) of
a
the basic Regulation are
questionnaire within
in
the
point 6(a)(i) of this notice, and file it within the deadline
foreseen in point 6(a)(ii) first paragraph of this notice.
However, attention is drawn to the last sentence of
point 5.1(b)(ii) of this notice.

advised to request
deadline

foreseen

(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
format 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
for
of
product
to the Community during the period

tonnes
export
1 July 2007-30 June 2008,

concerned

sold

the

— the turnover

in local currency and the sales
concerned
the product
the period

volume
on the domestic market during
1 July 2007-30 June 2008,

in tonnes

for

— the precise activities of the company with regard to

the product concerned,

— 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 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 in the sample, it will be deemed not to have
co-operated in the investigation. The consequences 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 country, and any known associa-
tions of exporters/producers.

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

(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, 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 July 2007-30 June 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 July 2007-30 June 2008 of
the imported product concerned originating in
Armenia, Brazil and the People's Republic of China,

— 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.

By providing the above information,
the company
agrees
If
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 in the sample, it will be deemed not to have
co-operated in the investigation. The consequences 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,

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Official Journal of the European Union

C 177/15

(iii) Final selection of the samples

interested parties wishing to submit any relevant
All
information regarding the selection of the sample must
do so within the time limit set in point 6(b)(ii).

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

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

forthcoming,

sufficient co-operation is not

If
the
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 order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community industry and to any association of produ-
cers in the Community, to the sampled exporters/producers
in the People's Republic of China, to the exporters/producers
known association of
in Armenia, Brazil,
to any
exporters/producers,
to any
known association of importers named in the complaint,
and to the authorities of the exporting countries concerned.

to the sampled importers,

(i) Expor ters/producers in Brazil

should contact

Exporters/producers
the
in Brazil
Commission forthwith by fax, but not later than the
time limit set out in point 6(a)(i), in order to find out
whether they are listed in the complaint and, if neces-
sary, request a questionnaire, given that the time limit
set in point 6(a)(ii) applies to all such interested parties.

(ii) Expor ters/producers

an individual
margin in Ar menia and the People's Republic
of China

claiming

Exporters/producers
and the People's
in Armenia
Republic of China claiming an individual margin, with a
view to the application of Articles 17(3) and 9(6) of the
basic Regulation, must submit a completed question-
naire within the time limit set in point 6(a)(ii) of this
notice. They therefore have to request a questionnaire

within the time limit set in point 6(a)(i). However, such
parties should be aware that if sampling is applied to
exporters/producers, the Commission may nonetheless
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investiga-
tion.

(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 has to 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

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Turkey as an appropriate market
economy country for the purpose of establishing normal
value in respect of Armenia and the People's Republic of
China. Interested parties are hereby invited to comment on
the appropriateness of this choice within the specific time
limit set in point 6(c).

(e) Market economy treatment or Individual Treatment claims

For those exporters/producers in Armenia and the People's
Republic of China who claim and provide sufficient evidence
that they operate under market economy conditions, i.e. that
they meet the criteria laid down in Article 2(7)(c) of the
basic Regulation, normal value will be determined in
the basic Regulation.
accordance with Article 2(7)(b) of
Exporters/producers intending to submit duly substantiated
claims must do so within the specific time limit set in
point 6(d). The Commission will send claim forms to all
exporters/producers in Armenia and the People's Republic
of China who have either been included in the sample (as
far as the People's Republic of China is concerned) or
named in the
complaint and to any association of
exporters/producers named in the complaint, as well as to
the authorities of Armenia and the People's Republic of
China. This claim form may also be used by the applicant to
claim individual treatment, i.e. that it meets the criteria laid
down in Article 9(5) of the basic Regulation.

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Official Journal of the European Union

12.7.2008

5.2. Procedure for assessment of Community interest

party's making itself known within the aforementioned
period.

associations,

representative

representative users

In accordance with Article 21 of the basic Regulation and in the
event that the allegations of dumping and injury caused thereby
are substantiated, a decision will be reached as to whether the
adoption of anti-dumping measures would not be against the
Community interest. For this reason the Commission may send
importers,
questionnaires to the known Community industry,
and
their
representative consumer organisations. Such parties,
including
those not known to the Commission, 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 Commis-
sion with information. The parties which have acted in confor-
mity with the preceding sentence may request a hearing setting
the particular reasons why they should be heard within the time
limit set in point 6(a)(iii). It should be noted that any informa-
tion 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 or other

claim for ms

All interested parties should request a questionnaire or
other claim forms as soon as possible, but not later
than 10 days after the publication of this notice in the
Official Journal of the European Union.

(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. All expor-
ters/producers concerned by this proceeding, who wish
to apply for individual examination in accordance with
Article 17(3) of the basic Regulation, must also submit
a questionnaire reply within 40 days of the date of the
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

selected

Companies
submit
a
questionnaire replies within the time limits specified in
point 6(b)(iii).

sample must

in

(iii) Hear ings

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

(b) Specific time limit in respect of sampling

the European Union, given that
to consult parties

(i) The information specified in point 5.1(a)(i) and 5.1(a)(ii)
should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal
of
the Commission
concerned that have
intends
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 point 5.1(a)(ii) 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.

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

as mentioned

Parties to the investigation may wish to comment on the
appropriateness of Turkey which,
in
point 5.1(d), is envisaged as a market-economy country for
the purpose of establishing normal value in respect of
Armenia
and 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.

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

status and/or for individual treatment

Duly substantiated claims for market economy status (as
mentioned in point 5.1(e)) and/or for individual treatment
pursuant to Article 9(5) of the basic Regulation, must reach
the Commission within 15 days of the date of publication
of this notice in the Official Journal of the European Union.

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Official Journal of the European Union

C 177/17

7. Written submissions, questionnaire replies and cor-

9. Schedule of the investigation

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

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, 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.

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.

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.
According to Article 7(1) of the basic Regulation, provisional
measures may be imposed no later than 9 months from the
publication 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 (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 file, confidentiality, exten-
sion 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
of 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 29
of the basic Regulation and Article 12 of the WTO Agreement on
Subsidies and Countervailing Measures.

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