Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of furfuryl alcohol originating in the People's Republic of China
Date: 2008-10-30
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, chemical alcohol, dumping, import, originating product

30.10.2008

EN

Official Journal of the European Union

C 275/21

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
furfuryl alcohol originating in the People's Republic of China

(2008/C 275/10)

Following the publication of a notice of impending expiry (1) of
furfuryl
the anti-dumping measures in force on imports of
alcohol originating in the People's Republic of China (‘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 30 July 2008 by International Furan
Chemicals BV (‘the applicant’) on behalf of the sole producer in
the Community representing 100 % of the Community produc-
tion of furfuryl alcohol.

2. Product

The product under review is furfuryl alcohol originating in the
People's Republic of China (‘the product concerned’), currently
classifiable within CN code ex 2932 13 00. This CN code is
given only for information.

of normal value, established as set out in the preceding sentence,
with the export prices of the product concerned when sold for
export to the Community.

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 that
imports of the product concerned from the People's Republic of
China have increased in quantities and market share despite the
existence of measures. Should measures be allowed to lapse, the
the product concerned is likely to
current
level of
increase further due to the potential of
the manufacturing
facilities of the exporting producers in the country concerned.

import

In addition, the applicant alleges that the current 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
the Community industry should
a recurrence of
measures be allowed to lapse.

injury of

3. Existing measures

5. Procedure

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1905/2003 (3) on
imports of furfuryl alcohol originating in the People's Republic
of China.

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

4. Grounds for the review

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

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic
of China on the basis of the price in an appropriate market
economy country, which is mentioned in point 5.1(d). The alle-
gation of a continuation of dumping is based on a comparison

(1) OJ C 111, 6.5.2008, p. 50.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 283, 31.10.2003, p. 1.

5.1. Procedure for the determination of likelihood of dumping

and injury

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) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

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Official Journal of the European Union

30.10.2008

(i) Sampling

for
People's Republic of China

expor ters/producers

in

the

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves known
by contacting the Commission and providing the
following information on their company or companies
within the time limit set in point 6(b)(i) and in the
formats indicated in point 7:

— name, address, e-mail address, telephone and fax

numbers and contact person,

— the turnover

in local currency and the volume
in tonnes of the product concerned sold for export
to the Community during
the period from
1 October 2007 to 30 September 2008 (investi-
gation period — ‘IP’),

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold on the
domestic market
from
during
1 October 2007 to 30 September 2008 (investi-
gation period — ‘IP’),

period

the

— the turnover in local currency and the sales volume
in tonnes for the product concerned sold to other
third
from
1 October 2007 to 30 September 2008 (investi-
gation period — ‘IP’),

countries

during

period

the

— the precise activities of the company with regard to
the product concerned and the production volume
in tonnes of the product concerned, the production
capacity and the investments in production capacity
during the period from 1 October 2007 to
30 September 2008 (investigation period — ‘IP’),

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample.

to its possible inclusion in the sample.

the company
By providing the above information,
If
agrees
the sample,
the company is chosen to be part of
this will imply replying to a questionnaire and accepting
an on-the-spot
the
company indicates that it does not agree to its possible
inclusion or inclusion in the sample, it will be deemed
not to have co-operated in the investigation. The conse-
quences of non-cooperation are set out
in point 8
below.

investigation of

its response.

If

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92 establishing the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

(ii) Sampling for impor ters

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the formats indicated in
point 7:

— name, address, e-mail address, telephone and fax

numbers and contact person,

— the total turnover in euro of the company during
the period from 1 October 2007 to 30 September
2008 (investigation period — ‘IP’),

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period from 1 October 2007 to
30 September 2008 (investigation period — ‘IP’) of
the imported product concerned originating in the
People's Republic of China,

— the names and the precise activities of all related
involved in the production and/or

companies (2)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample.

to its possible inclusion in the sample.

the company
By providing the above information,
If
agrees
the company is chosen to be part of
the sample,
this will imply replying to a questionnaire and accepting
an on-the-spot
the
company indicates that it does not agree to its possible
inclusion or inclusion in the sample, it will be deemed
not to have co-operated in the investigation. The conse-
quences of non-cooperation are set out
in point 8
below.

investigation of

its response.

If

the selection of

In order to obtain the information it deems necessary
the
for
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(iii) Final selection of the samples

All
interested parties wishing to submit any relevant
information regarding the selection of the samples must
do so within the time limit set in point 6(b)(ii).

(2) For guidance on the meaning of related companies, please refer to

Article 143 of Regulation (EEC) No 2454/93.

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Official Journal of the European Union

C 275/23

The Commission intends to make the final selection
of
the samples after having consulted the parties
concerned that have expressed their willingness to be
included in the samples.

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must co-operate within the framework of the inves-
tigation.

forthcoming,

sufficient co-operation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in point 8.

(b) 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 — we probably don't need this if
there's only one producer in the whole Community but if
we're not sure it's not a problem to keep it in], to the
sampled exporters/producers in the People's Republic of
to the
to any association of exporters/producers,
China,
sampled importers, to any known association of importers,
and to the authorities of the exporting country concerned.

(c) 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 must reach the Commission within the
time limit set in point 6(a)(ii).

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)(iii).

(d) Selection of the market economy country

In the previous investigation the United States of America
was used as an appropriate market economy country for the
purpose of establishing normal value in respect of
the
People's Republic of China. The Commission envisages
using the Unites States of America again for this purpose.
Interested parties are hereby invited to comment on the
appropriateness of
this country within the specific 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
general time limits set in point 6(a)(ii), 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(a)(iii).
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 submis-
sion.

6. Time limits

(a) General time limits

(i) For par ties to request a questionnaire

interested parties who did not co-operate in the
All
investigation leading to the measures subject
to the
present review should request a questionnaire or other
claim forms as soon as possible, but not later than
this notice in the
15 days after the publication of
Official Journal of the European Union.

(ii) For par ties

to make themselves known,

to
submit questionnaire replies and any other
infor mation

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.

selected

Companies
submit
a
questionnaire replies within the time limit specified in
point 6(b)(iii).

sample must

in

(iii) 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 in respect of sampling

the European Union, given that
to consult parties

(i) The information specified in point 5.1(a)(i) and 5.1(a)(ii)
should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal
of
the Commission
intends
concerned that have
expressed their willingness to be included in the sample
on its final selection within a period of 2 days of the
publication of this notice in the Official Journal of the
European Union.

(ii) All other information relevant for the selection of the
reach the
sample as referred to in 5.1(a)(iii) must
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

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Official Journal of the European Union

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(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

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

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
is envisaged as a market-
mentioned in point 5.1(d),
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. 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.

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: N105 04/92
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
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 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 findings
thereof will not lead to the level of the existing measures being
amended but will
lead to those measures being repealed or
maintained in accordance with Article 11(6) of the basic Regu-
lation.

the basic Regulation,

If any party to the proceeding considers that a review of the
level of the measures is warranted so as to allow for the possibi-
lity 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

11. 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 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).

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
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
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) 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.