Notice of initiation of an expiry review of the antidumping measures applicable to imports of ethanolamines originating in the United States of America
Date: 2008-10-25
Institutions: European Commission
Subjects: United States, anti-dumping legislation, chemical product, import, originating product

C 270/26

EN

Official Journal of the European Union

25.10.2008

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
ethanolamines originating in the United States of America

(2008/C 270/12)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of ethanola-
mines originating in the United States of America (‘country
concerned’), the Commission has received a request for review
pursuant to Article 11(2) of Council Regulation (EC) No 384/96
of 22 December 1995 on protection against dumped imports
from countries not members of the European Community (2)
(‘the basic Regulation’).

1. Request for review

The request was lodged on 25 July 2008 by the following Com-
munity producers BASF SE/AG,
INEOS Oxide Ltd, Sasol
Germany GmbH, Akzo Nobel Functional Chemicals AB (‘the
applicants’) representing a major proportion, in this case more
than 50 % of the total Community production of ethanola-
mines.

2. Product

The product under
review is ethanolamines originating in
United States of America (‘the product concerned’), currently
classifiable within CN codes ex 2922 11 00, ex 2922 12 00
and 2922 13 10. These CN codes are given only for informa-
tion.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1583/2006 (3).

4. Grounds for the review

The request is based on the grounds that the expiry of the
measures would be likely to result in a continuation or recur-
rence of dumping and injury to the Community industry.

(1) OJ C 71, 18.3.2008, p. 13.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 294, 25.10.2006, p. 2.

The allegation of continuation of dumping is based on a
comparison of normal value, established on the basis of
domestic prices, with the
the product
concerned to the Community.

export prices of

On this basis, the dumping margin calculated is significant.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence to the
effect that, should measures be allowed to lapse, the current
import level of the product concerned is likely to increase due
to the recent investments in production capacity in the country
concerned.

is also alleged that

It
the product
the flow of
concerned is likely to rise due to the measures in force in tradi-
tional markets other than the EU (i.e. Asia, South America). All
this could lead to a redirection of exports from other third
countries to the Community.

imports of

In addition, the applicant alleges that the improved situation
with regard to injury is mainly due to the existence of measures
and that any recurrence of substantial imports at dumped prices
from the country concerned would likely lead to a recurrence of
injury of the Community industry should measures be allowed
to lapse.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review,
the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

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Official Journal of the European Union

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5.1. Procedure for the determination of likelihood of dumping

and injury

as possible, but not later than 15 days after the publication
of this notice in the Official Journal of the European Union.

The investigation will determine whether the expiry of
the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and 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 produ-
cers in the Community, to the exporters/producers in United
States of America to any association of exporters/producers,
to the importers, to any known association of importers,
and to the authorities of the exporting country concerned.

(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

(b) Collection of information and holding of hearings

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

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(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 the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the
event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether maintaining the 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, representa-
tive users and representative consumer organizations. 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 information. The parties which have acted
in conformity with the preceding sentence may request a
hearing, setting out 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 or other claim forms

All interested parties who did not co-operate in the investi-
gation leading to the measures subject to the present review
should request a questionnaire or other claim forms as soon

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: N 105 4/92
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
and use may be made,
in accordance with Article 18 of the
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.

(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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Official Journal of the European Union

25.10.2008

9. Schedule of the investigation

11. Processing of personal data

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.

10. Possibility to request a review under Article 11(3) of

the basic Regulation

As this expiry review is initiated in accordance with the provi-
sions of Article 11(2) of
the basic Regulation, the findings
thereof will not lead to the level of the existing measures being
lead to those measures being repealed or
amended but will
maintained in accordance with Article 11(6) of the basic Regu-
lation.

If any party to the proceeding considers that a review of the
the measures is warranted so as to allow for the
level of
possibility to amend (i.e. increase or decrease) the level of the
measures, that party may request a review in accordance with
Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried
out
the expiry review mentioned in this
notice, may contact the Commission at the address given above.

independently of

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).

12. 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-
tion of
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).

their interests in this proceeding,

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