Notice of initiation of an anti-subsidy proceeding concerning imports of sodium metal originating in the United States of America
Date: 2008-07-23
Institutions: European Commission
Subjects: United States, anti-subsidy proceeding, complaint to the Commission, import (EU), metals, originating product, sodium

23.7.2008

EN

Official Journal of the European Union

C 186/35

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

(2008/C 186/11)

complaint pursuant

The Commission has
to
received a
Article 10 of Council Regulation (EC) No 2026/97 on protec-
tion against subsidised imports from countries not members of
the European Community (1)
(‘the basic Regulation’), alleging
that imports of sodium metal, originating in the United States
of America (‘the country concerned’), are being subsidised and
are thereby causing material injury to 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’).

2. Product

The product allegedly being subsidised is sodium,
in bulk,
originating 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 subsidisation

It is alleged that the producers of the product concerned from
the United States of America have benefited from a number of
State subsidies granted by the Government of the State of New
York. The subsidies consist of allocations in the framework of
the New York State Power Programs for Economic Develop-
ment: ‘Replacement Power’ and ‘Expansion Power’.

It is alleged that the above schemes are subsidies since they
involve a financial contribution from the Government of the
United States of America or other state Governments and confer
a benefit to the recipients, i.e. to exporters/producers of sodium
metal. They are alleged to be limited to specific companies and
therefore specific and countervailable.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the United States of America have
in absolute terms and in terms of market
increased overall
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 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.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the Com-

(1) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

munity industry and that there is sufficient evidence to justify
the initiation of a proceeding, the Commission hereby initiates
an investigation pursuant to Article 10 of the basic Regulation.

5.1. Procedure for the determination of subsidisation and

injury

The investigation will determine whether the product concerned
originating in the United States of America is being subsidised
and whether this subsidisation has caused injury.

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

(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 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 31 of the basic Regulation and in the
event that the allegations of subsidisation and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of countervailing 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
consumer organisations. Such parties,
and representative
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 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(c). It should be noted that any information

C 186/36

EN

Official Journal of the European Union

23.7.2008

submitted pursuant to Article 31 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.

(b) 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.

(c) Hearings

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 28 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 28 of the basic Regulation, the result may be less favour-
able to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(9)
of the basic Regulation within 13 months of the date of the
publication of this notice in the Official Journal of the European
Union. According to Article 12(1) of the basic Regulation, provi-
sional measures may be imposed no later than 9 months from
the publication of
the
European Union.

this notice in the Official

Journal of

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

10. Processing of personal data

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 29(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

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.