Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain prepared or preserved sweet corn in kernels originating in Thailand
Date: 2008-09-16
Institutions: European Commission
Subjects: Thailand, anti-dumping legislation, anti-dumping measure, import, maize, originating product, preserved product

C 237/18

EN

Official Journal of the European Union

16.9.2008

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 prepared or preserved sweet corn in kernels originating in Thailand

(2008/C 237/16)

interim review pursuant

The Commission has decided on its own initiative to initiate a
to Article 11(3) of Council
partial
Regulation (EC) No 384/96 of 22 December 1995 on protec-
tion against dumped imports from countries not members of
the European Community (1) (‘the basic Regulation’). The review
is limited in scope to the examination of
the
the
measure
acceptability and workability of undertakings offered by certain
exporting producers in Thailand.

the form of
examination of

and in particular

to the

1. Product

not

frozen,

normally

review is

The product under
sweet corn (Zea mays var.
saccharata) in kernels, prepared or preserved by vinegar or acetic
acid,
declared within CN code
ex 2001 90 30, and sweet corn (Zea mays var. saccharata) in
kernels, prepared or preserved otherwise than by vinegar or
acetic acid, not frozen, other than products of heading 2006,
normally declared within CN code ex 2005 80 00, originating
in Thailand. These CN codes are only given for information.

This reassessment appears to be necessary, since the price fluc-
tuations mentioned above appear to show an increasing trend
over time and in particular since the original
investigation
period, indicating that the circumstances on the basis of which
measures were established have significantly changed and that
these changes are of a lasting nature.

Therefore, the initiation of a partial interim review, limited to
the form of the measure, is warranted.

4. Procedure

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, limited in
scope to the examination of the form of the measure.

2. Existing measures

(a) Questionnaires

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 682/2007 (2) on
imports of certain prepared or preserved sweet corn in kernels
originating in Thailand. Price undertakings were accepted by
Commission Decision 2007/424/EC (3).

3. Grounds for the review

The Commission deems it necessary to reassess the appropriate-
ness of accepting undertakings based on a fixed minimum
import price as a form of the measure, particularly in view of
the volatility of prices of both the product concerned and of the
main raw material used in the production of
the product
concerned.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 159, 20.6.2007, p. 14.
(3) OJ L 159, 20.6.2007, p. 42.

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community producers, to the exporting producers in
Thailand and to the authorities of the exporting country
concerned. This
information and supporting evidence
should reach the Commission within the time limit set in
point 5(a).

(b) Collection of information and holding of hearings

interested parties are hereby invited to make their
All
views known, submit
including information
information,
other than questionnaire replies, and to provide supporting
evidence. This
evidence
must reach the Commission within the time limit set in
point 5(a).

information and

supporting

16.9.2008

EN

Official Journal of the European Union

C 237/19

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 5(b).

5. 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

7. 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, 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.

8. 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.

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

9. Processing of personal data

6. 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

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. 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
interested parties and the Commission services, offering, where
necessary, mediation on procedural matters affecting the protec-
tion of
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).

their interests in this proceeding,

(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.