Notice of initiation of an anti-dumping proceeding concerning imports of sodium metal originating in the United States of America
Date: 2008-07-23
Institutions: European Commission
Subjects: United States, anti-dumping duty, anti-dumping legislation, import, metals, originating product, sodium

C 186/32

EN

Official Journal of the European Union

23.7.2008

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an anti-dumping proceeding concerning imports of sodium metal originating
in the United States of America

(2008/C 186/10)

The Commission has received a complaint pursuant to Article 5
of Council Regulation (EC) No 384/96 of 22 December 1995
on protection against dumped imports from countries not
members of
(‘the basic Regu-
lation’), alleging that imports of sodium metal, originating in
the United States of America (‘the country concerned’), are
being dumped and are thereby causing material injury to the
Community industry.

the European Community (1)

increased overall
share.

in absolute terms and in terms of market

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 level of prices
charged by the Community industry, resulting in substantial
adverse effects on the overall performance, the financial situa-
tion and the employment situation of the Community industry.

1. Complaint

The complaint was lodged on 10 June 2008 by the sole Com-
munity producer Métaux Spéciaux (‘MSSA SAS’) (‘the complai-
nant’).

5. Procedure

2. Product

The product allegedly being dumped is sodium, in bulk, origin-
ating in the United States of America (‘the product concerned’),
normally declared within CN code ex 2805 11 00. This
CN code is only given for information.

3. Allegation of dumping

The allegation of dumping in respect of the United States of
America is based on a comparison of normal value established
on the basis of domestic prices, with the export prices of the
product concerned when sold for export to the Community.

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 the United States of America is being dumped
and whether this dumping has caused injury.

On this basis, the dumping margin calculated is significant.

(a) Questionnaires

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the United States of America have

(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).

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
producers in the Community, to the exporters/producers in
to any association of
the United States of America,
exporters/producers, to the importers, to any known asso-
ciation of importers, and to the authorities of the exporting
country concerned.

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(b) Collection of information and holding of hearings

(c) 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(b).

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(c).

5.2. Procedure for assessment of Community interest

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
questionnaires to the known Community industry,
importers,
their representative associations, representative users and repre-
sentative 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 time limits set in point 6(b), make
themselves known and provide the Commission with informa-
tion. The parties which have acted in conformity 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(c). 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) For parties to request a questionnaire

All interested parties should request a questionnaire, as soon
as possible, but not later than 15 days after the publication
of this notice in the Official Journal of the European Union.

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

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

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.

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

replies and any other information

9. Schedule of the investigation

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.

The investigation will be concluded, according to Article 6(9) of
the basic Regulation within 15 months of
the
publication of this notice in the Official Journal of the European
the basic Regulation,
Union. According to Article 7(1) of

the date of

(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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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 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).

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 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).

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