Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain tungsten electrodes originating in the People's Republic of China
Date: 2008-12-04
Institutions: European Commission
Subjects: China, anti-dumping duty, dumping, electrical equipment, import, originating product

4.12.2008

EN

Official Journal of the European Union

C 309/11

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 tungsten electrodes originating in the People's Republic of China

(2008/C 309/06)

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

1. Request for review

The request was lodged by Shandong Weldstone Tungsten
Industry Co. Ltd (‘the applicant’), an exporter from the People's
Republic of China.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. Product

review is

tungsten welding electrodes,
The product under
for welding electrodes,
including tungsten bars and rods
containing 94 % or more by weight of
tungsten, other
than those obtained simply by sintering, whether or not cut to
length originating in the People's Republic of China (‘the
product concerned’), currently classifiable within CN codes
ex 8101 99 10 and ex 8515 90 00. 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 260/2007 (2) on
imports of certain tungsten electrodes originating in the People's
Republic of China.

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

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 72, 13.3.2007, p. 1.

the basis of which measures were imposed have changed and
that these changes are of a lasting nature.

The applicant provided prima facie evidence that the continued
is no longer
application of the measure at its current level
necessary to offset dumping.
In particular, the applicant has
provided prima facie evidence showing that a comparison of its
constructed normal values (calculated on the basis of costs of
production, selling, general and administrative costs and profits)
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 with a
view to determining whether the measures should be removed
or amended for the applicant. If so,
it may be necessary to
amend the rate of duty currently applicable to imports of the
product concerned from companies not specifically mentioned
in Article 1(2) of Regulation (EC) No 260/2007.

(a) Questionnaires

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

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EN

Official Journal of the European Union

4.12.2008

(b) 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 provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 6(a).

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).

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) Market economy treatment/individual treatment

(ii) Hear ings

If the applicant 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 Regu-
lation, 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 out in point 6(b) of this notice. The
Commission will send a claim form to the company, as well
as a copy to the authorities of the People's Republic of
China. This claim form may also be used by the applicant to
claim individual treatment, i.e. that it meets the criteria laid
down in Article 9(5) of the basic Regulation.

(d) Selection of a market economy country

that

the company is not granted market
In the event
economy treatment, but fulfils the requirements to have an
individual duty established 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 the People's Republic of China in accord-
ance with Article 2(7)(a) of
the basic Regulation. The
Commission considers using the United States of America
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 from the People's
Republic of China. Interested parties are hereby invited to
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, use findings concerning the normal value established
in an appropriate market economy country, e.g.
for the
purpose of replacing any unreliable cost or price element in
the People's Republic of China which is needed in estab-
lishing the normal value,
if reliable necessary data is not
available in the People's Republic of China. The Commission
considers using the United States of America also for this
purpose.

6. Time limits

(a) General time limits

(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

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(b) Specific

time

for

submission of

claims

for market

economy

treatment and/or individual treatment

company's duly

substantiated claim for market
The
economy treatment, as mentioned in point 5(c) of
this
notice, must reach the Commission within 15 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 the United States of America which, as
mentioned in point 5(d) of this notice, is considered as a
market 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
this notice in the Official
Journal of the European Union.

the date of publication of

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’.

(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).

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Official Journal of the European Union

C 309/13

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: N 105 4/92
B-1040 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.

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. 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 on the protec-
tion of individuals with regard to the processing of personal
data by the Community institutions and bodies and on the free
movement of such data (1).

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 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) OJ L 8, 12.1.2001, p. 1.