Notice of initiation of an anti-dumping proceeding concerning imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless originating in Belarus, Turkey and Ukraine
Date: 2008-11-13
Institutions: European Commission
Subjects: Belarus, Türkiye, Ukraine, anti-dumping legislation, import, originating product, piping, third country, tube

13.11.2008

EN

Official Journal of the European Union

C 290/13

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an anti-dumping proceeding concerning imports of welded tubes, pipes and
hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other
than stainless originating in Belarus, Turkey and Ukraine

(2008/C 290/06)

The Commission has received a complaint pursuant to Article 5
of Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (1), alleging that imports of
welded tubes, pipes and hollow profiles of square or rectangular
cross-section, of iron other than cast iron or steel other than
stainless, originating in Belarus, Turkey and Ukraine (‘the coun-
tries concerned’), are being dumped and are thereby causing
material injury to the Community industry.

1. Complaint

The complaint was lodged on 29 September 2008 by the
Defence Committee of the Welded Steel Tubes Industry of the
European Union (‘the complainant’), on behalf of producers
representing a major proportion, in this case more than 25 %,
of the total Community production of welded tubes, pipes and
hollow profiles of square or rectangular cross-section, of iron
other than cast iron or steel other than stainless.

2. Product

The product allegedly being dumped is welded tubes, pipes and
hollow profiles of square or rectangular cross-section, of iron
other than cast iron or steel other than stainless, but excluding
line pipe of a kind used for oil or gas pipelines and casing and
tubing of a kind used in drilling for oil or gas, originating in
Belarus, Turkey and Ukraine (‘the product concerned’), normally
declared within CN code 7306 61 92 and 7306 61 99. These
CN codes are only given for information. The product is also
often referred to as a ‘hollow section’.

(1) OJ L 56, 6.3.1996, p. 1.

3. Allegation of dumping

The allegation of dumping in respect of Turkey and Ukraine is
based on a comparison of normal value established on the basis
the product
of domestic prices, with the export prices of
concerned when sold for export to the Community.

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for Belarus on the
the price in a market economy country, which is
basis of
mentioned in point 5.1(d). The allegation of dumping is based
on a comparison of normal value, thus calculated, with the
export prices of the product concerned when sold for export to
the Community.

On this basis, the dumping margins calculated are significant for
all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Belarus, Turkey and Ukraine 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 financial and 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-
munity industry and that there is sufficient evidence to justify
the initiation of a proceeding, the Commission hereby initiates
an investigation pursuant to Article 5 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 dumping and injury

The investigation will determine whether the product concerned
originating in Belarus, Turkey and Ukraine is being dumped and
whether this dumping has caused injury.

(a) Sampling

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

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 countries, and any known associa-
tions of exporters/producers.

Since a company cannot be certain that
it will be
selected in the sample, exporters/producers that wish to
claim an individual margin pursuant to Article 17(3) of
the basic Regulation are advised to request a question-
naire within the deadline foreseen in point 6(a)(i) of this
notice, and file it within the deadline foreseen in
point 6(a)(ii) first paragraph of this notice. However,
attention is drawn to the last sentence of point 5.1(b)(ii)
of this notice.

(i) Sampling for expor ters/producers

in Turkey

and Ukraine

(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
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
format 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 1 October 2007
to 30 September 2008,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 October 2007
to 30 September 2008,

for

— the precise activities of the company with regard to

the production of the product concerned,

— 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.

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 1 October 2007 to 30 September 2008,

— 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 1 October 2007 to 30 September
2008 of the imported product concerned origin-
ating in Belarus, Turkey and Ukraine,

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

companies (1)
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 in the sample, it will be deemed to not have
co-operated in the investigation. The consequences of
non-cooperation are set out in point 8 below.

investigation of

its response.

If

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 in the sample, it will be deemed to not have
co-operated in the investigation. The consequences 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 Regulation (EEC) No 2454/93 laying down provisions
for the implementation of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

the selection of

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

the sample of

importers,

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Official Journal of the European Union

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(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate
injury to the Community industry by
applying sampling.

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

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

numbers and contact person,

samples

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

after having

consulted

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must cooperate 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.

— the total turnover in euro of the company during
the period 1 October 2007 to 30 September 2008,

(b) Questionnaires

— the precise activities of the company with regard to

the production of the product concerned,

— the value in euro of sales of the product concerned
made in the Community market during the period
1 October 2007 to 30 September 2008,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 October 2007 to 30 September 2008,

— the volume in tonnes of

the
product concerned during the period 1 October
2007 to 30 September 2008,

the production of

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

companies (1)
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
to not have co-operated in the investigation. The conse-
quences of non-cooperation are set out
in point 8
below.

investigation of

its response.

If

(iv) Final selection of the samples

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the sampled Community industry and to any association of
producers in the Community, to the sampled exporters/pro-
ducers in Turkey and Ukraine, to the exporters/producers in
Belarus, to any association of exporters/producers, to the
sampled importers, to any association of importers named
in the complaint, and to the authorities of the exporting
countries concerned.

(i) Expor ters/producers in Belar us

such

should

interested

All
the
parties
Commission forthwith by fax, but not later than the
time limit set out in point 6(a)(i), in order to find out
whether they are listed in the complaint and, if neces-
sary, request a questionnaire, given that the time limit
set in point 6(a)(ii) applies to all such interested parties.

contact

(ii) Expor ters/producers

claiming

an individual

margin in Turkey and Ukraine

Exporters/producers in Turkey and Ukraine claiming an
individual margin, with a view to the application of Arti-
cles 17(3) and 9(6) of the basic Regulation, must submit
a completed questionnaire within the time limit set in
this notice. They therefore have to
point 6(a)(ii) of
request a questionnaire within the time limit set
in
point 6(a)(i). However, such parties should be aware that
if
the
sampling is applied to exporters/producers,
Commission may nonetheless decide not to calculate an
the number of
individual margin for
exporters/producers is so large that individual examina-
tion would be unduly burdensome and would prevent
the timely completion of the investigation.

them,

if

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

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

(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 has to reach the Commission within
the time limit set in point 6(a)(ii).

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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 accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose the United States of America as an
appropriate market economy country for the purpose of
establishing normal value in respect of Belarus. Interested
parties are hereby invited to comment on the appropriate-
ness of this choice within the specific time limit set in
point 6(c).

(e) Exporters/producers claiming individual treatment in Belarus

to Article 9(5) of

Exporters/producers in Belarus may claim individual treat-
the basic Regulation.
ment pursuant
Exporters/producers intending to submit duly substantiated
claims, requesting individual treatment, must do so within
the general time limit set in paragraph 6(a)(ii) of this notice.
The Commission will send claim forms to all exporters/pro-
ducers in Belarus named in the complaint and to any asso-
ciation of exporters/producers named in the complaint, as
well as to the authorities of Belarus.

(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 limits 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.

5.2. Procedure for assessment of Community interest

(b) Specific time limit in respect of sampling

In accordance with Article 21 of the basic Regulation and in the
event that the allegations of dumping and injury caused thereby
are substantiated, a decision will be reached as to whether the
adoption of anti-dumping measures would not be against the
Community interest. For this reason the Community industry,
importers, their representative associations, representative users
and representative consumer organisations, 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 precedent sentence may request a hearing
setting 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 will only be taken
into account if supported by factual evidence at the time of
submission.

6. Time limits

(a) General time limits

Journal of

(i) The information specified in point 5.1(a)(i), 5.1(a)(ii)
and 5.1(a)(iii) should reach the Commission within
15 days of the date of publication of this notice in the
Official
the European Union, given that the
Commission intends to consult parties concerned that
have expressed their willingness to be included in the
sample on its final selection within a period of 21 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
sample as referred to in point 5.1(a)(iv) must reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

(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

(i) For par ties to request a questionnaire or other

claim for ms

All interested parties should request a questionnaire or
other claim forms as soon as possible, but not later
than 10 days after the publication of this notice in the
Official Journal of the European Union.

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

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7. Written submissions, questionnaire replies and cor-

9. Schedule of the investigation

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 04/092
B-1049 Brussels
Fax (32-2) 295 65 05

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 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.

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.
According to Article 7(1) of the basic Regulation, provisional
measures may be imposed no later than 9 months from the
publication 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
encountering difficulties
rights of
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-
in particular, with
tion of their interests in this proceeding,
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 19
of the basic Regulation and Article 6 of the WTO Agreement on Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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