Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain stainless steel fasteners originating in Vietnam
Date: 2008-08-13
Institutions: European Commission
Subjects: Viet Nam, anti-dumping duty, anti-dumping legislation, import, originating product, steel

C 206/12

EN

Official Journal of the European Union

13.8.2008

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 stainless steel fasteners originating in Vietnam

(2008/C 206/08)

interim
The Commission has received a request for a partial
review pursuant to Article 11(3) of Council Regulation (EC)
No 384/96 of 22 December 1995 on protection against
dumped imports from countries not members of the European
Community (1) (‘the basic Regulation’).

1. Request for review

The request was lodged by Header Plan Co., Ltd (‘the applicant’),
an exporter from Vietnam.

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 certain stainless steel fasteners and
(‘the product concerned’), currently classifiable
parts thereof
within CN codes 7318 12 10, 7318 14 10, 7318 15 30,
7318 15 51, 7318 15 61 and 7318 15 70. These CN codes
are given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1890/2005 (2) on
imports of certain stainless
fasteners originating in,
inter alia, Vietnam.

steel

(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 302, 19.11.2005, p. 1.

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 lasting nature.

The applicant provided prima facie evidence that the continued
application of the measure at its current level
is no longer
necessary to offset dumping.
In particular, the applicant has
provided prima facie evidence showing that it meets the criteria
for market economy treatment and individual
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.

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.

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 1890/2005.

13.8.2008

EN

Official Journal of the European Union

C 206/13

(a) Questionnaires

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

concerned. This

lished in an appropriate market economy country, e.g. for
the purpose of
replacing any unreliable cost or price
elements in Vietnam which are needed in establishing the
normal value, if reliable required data are not available in
Vietnam. The Commission considers using Taiwan also for
this purpose.

(b) Collection of information and holding of hearings

(a) General time limits

6. Time limits

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(a)(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 Vietnam.

(d) Selection of the market economy country

that

In the event
the company is not granted market
economy treatment, and in accordance with Article 9(5) of
the basic Regulation, an appropriate market economy
country will be used for
the purpose of establishing
normal value in respect of Vietnam in accordance with
Article 2(7)(a) of
the basic Regulation. The Commission
considers using Taiwan again for this purpose as was done
in the investigation which led to the imposition of
the
current measures on imports of
the product concerned
Interested parties are hereby invited to
from Vietnam.
comment on the appropriateness of this choice within the
specific time limit set in point 6(c) of this notice.

in the event

Furthermore,
the company is granted
that
market economy treatment, the Commission may, if neces-
sary, also use findings concerning the normal value estab-

(i) For par ties

to make

to
submit questionnaire replies and any other
infor mation

themselves known,

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.

(ii) 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 for submission of claims for market economy

treatment

company's duly

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

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

Parties to the investigation may wish to comment on the
appropriateness of Taiwan which, as mentioned in point 5(d)
of this notice, is considered a market economy country for
the purpose of establishing normal value in respect of
Vietnam. 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.

C 206/14

EN

Official Journal of the European Union

13.8.2008

7. Written

submissions,

questionnaire

replies

and

correspondence

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 and/or telex 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-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. Schedule of the investigation

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 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).

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
interested 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).

(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).

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