Notice of initiation of an expiry review and a partial interim review of the anti-dumping measures applicable to imports of silicon originating in the People's Republic of China
Date: 2009-03-04
Institutions: European Commission
Subjects: China, anti-dumping legislation, import, semi-metal

4.3.2009

EN

Official Journal of the European Union

C 51/17

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review and a partial interim review of the anti-dumping measures
applicable to imports of silicon originating in the People's Republic of China

(2009/C 51/07)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of silicon
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
on protection against dumped imports from countries not
members of
(‘the basic Regu-
lation’). In addition, the Commission has received a request for
review pursuant to Article 11(3) of the basic Regulation.

the European Community (2)

1. Requests for review

The expiry review request was lodged on 1 December 2008 by
Euroalliages (Liaison Committee of the Ferro-Alloy Industry) on
behalf of producers representing 100 % of
the Community
production of silicon.

The interim review request was lodged by EUSMET (European
Users of Silicon Metal), and is limited in scope to the examina-
tion of dumping.

2. Product

The product under review is silicon originating in the People's
Republic of China (‘the product concerned’), currently classifi-
able within CN code 2804 69 00. This CN code is given only
for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 398/2004 (3). By

(1) OJ C 254, 7.10.2008, p. 9.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 66, 4.3.2004, p. 15.

Council Regulation (EC) No 42/2007 (4)
definitive
anti-dumping duty was extended to imports of silicon consigned
from the Republic of Korea, whether declared as originating in
the Republic of Korea or not.

the

4. Grounds for the reviews

4.1. Grounds for the expiry 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.

In view of the provisions of Article 2(7) of the basic Regulation,
Euroalliages 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) of this
notice. The allegation of continuation of dumping is based on a
in the preceding
comparison of normal value, as set out
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.

Furthermore, Euroalliages points out that during the period of
imposition of measures, the exporters/producers of the product
concerned from the People's Republic of China tried to under-
mine the existing measures by circumvention practices, which
were counteracted by Council Regulation (EC) No 42/2007 (4).

Euroalliages further alleges the likelihood of further injurious
dumping. In this respect it 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 existence
of unused capacity and stocks in the country concerned. In
addition, it is also alleged that the exports to other third coun-
Japan, Canada and Norway, are made at dumped
tries,
prices.

i.e.

(4) OJ L 13, 19.1.2007, p. 1.

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Official Journal of the European Union

4.3.2009

imports of

is also alleged that

It
the product
the flow of
concerned is likely to rise due to the measures in force on
imports of
country
concerned in traditional markets other than the EU (i.e. the
United States of America). All this can lead to a redirection of
exports from other third countries to the Community.

similar products originating in the

In addition, Euroalliages alleges that the removal of 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.

4.2. Grounds for the interim review

The request pursuant to Article 11(3) is based on prima facie
evidence, provided by EUSMET that the circumstances on the
basis of which measures were established have changed and that
the new circumstances are of a lasting nature.

EUSMET alleges that the circumstances have changed signifi-
cantly since the imposition of the measures, inter alia, due to a
substantial increase in consumption. It further alleges that the
level of dumping has significantly decreased. Therefore the
continued imposition of measures at the existing levels is no
longer necessary to offset dumping.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review and a partial interim review limited to the exami-
nation of dumping, the Commission hereby initiates reviews in
accordance with Article 11(2) and 11(3) of the basic Regulation.

5.1. Procedure

for

the determination of dumping,

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. The partial interim review
will determine whether the current level of the measures is
appropriate to counteract the injurious dumping.

(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.

(i) Sampling for
concerned

exporters/producers

in the

country

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
period
1 January-31 December 2008,

Community

during

the

the

— the turnover

in local currency and the

sales
volume in tonnes of the product concerned sold on
the
period
domestic market
1 January-31 December 2008,

during

the

— the turnover

in local currency and the

sales
volume in tonnes for the product concerned sold to
other
period
1 January-31 December 2008,

countries

during

third

the

— the precise activities of the company with regard to
the production of the product concerned and the
production volume
the product
concerned, the production capacity and the invest-
ments in production capacity during the period
1 January-31 December 2008,

in tonnes of

— 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.

its response.

investigation of

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 not to have
co-operated in the investigation. The consequences of
non-cooperation are set out in point 8 below. In order
to obtain the information it deems necessary for the
selection of
the
Commission will, in addition, contact the authorities of
the exporting country and any known associations of
exporters/producers.

the sample of exporters/producers,

If

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)
of this notice.

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

(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).

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(ii) Sampling for importers

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,

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
investigation.

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 January-31 December 2008,

(b) Questionnaires

— 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 January-31 December 2008 of
the imported product concerned originating in the
People's Republic of China or consigned from the
Republic of Korea, whether declared as originating
in the Republic of Korea or not,

— 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.

investigation of

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
the
an on-the-spot
company indicates that it does not agree to its possible
inclusion in the sample, it will be deemed not to have
co-operated in the investigation. The consequences of
non-cooperation are set out in point 8 below. In order
to obtain the information it deems necessary for the
selection of the sample of importers, the Commission
will,
in addition, contact any known associations of
importers.

its response.

If

(iii) Final selection of the samples

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

samples

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

after having

consulted

(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 its
investigation, the Commission will send questionnaires to
the Community industry and to any association of produ-
cers in the Community, to the sampled exporters/producers
in the People's Republic of China, to any association of
exporters/producers in the People's Republic of China, to
the sampled importers,
to any known association of
importers.

Exporters/producers
in the People's Republic of China
claiming an individual margin, with a view to the applica-
tion of Articles 17(3) and 9(6) of the basic Regulation, must
submit a completed questionnaire within the time limit set
in point 6(a)(ii) of this notice. They therefore have to request
a questionnaire within the time limit set in point 6(a)(i).
However, such parties should be aware that if sampling is
applied to exporters/producers, the Commission may none-
theless decide not
to calculate an individual margin for
them, if the number of exporters/producers is so large that
individual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

(c) Collection
hear ings

of

infor mation

and

holding

of

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 countr y

The Commission envisages using Brazil as an appropriate
market economy third country for the purpose of estab-
lishing normal value with respect to the People's Republic of
China. Interested parties are hereby invited to comment on
the appropriateness of this country within the specific time
limit set in point 6(c).

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(e) Market

economy

treatment

or

Individual

treatment claims

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy conditions,
i.e. that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of the basic Regulation. Exporters/pro-
ducers intending to submit duly substantiated claims must
do so within the specific time limit set in point 6(d). The
Commission will send claim forms to all exporters/produ-
cers in the People's Republic of China who have been
included in the
and to any association of
exporters/producers named in the complaint, as well as to
the authorities of the People's Republic of China. This claim
form may also be used by the applicant to claim individual
it meets the criteria laid down in
that
treatment,
Article 9(5) of the basic Regulation.

sample

i.e.

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) Hearings

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

5.2. Procedure for the assessment of Community interest

(b) Specif ic time limit in respect of sampling

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 organisations. 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 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
the basic Regulation will only be taken into
Article 21 of
account
the time of
if
submission.

supported by factual evidence at

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire or other claim

forms

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.

(i) The

in

points

specified

Journal of

information

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
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 5.1(a)(iii) 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) Specif ic time limit for the selection of the market

economy countr y

of

Parties to the investigation may wish to comment on the
appropriateness
in
Brazil which,
point 5.1(d), is envisaged 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 the date of publication of
this notice in the Official Journal of the European Union.

as mentioned

(d) Specif ic time limit

for submission of claims for
market economy treatment and/or for individual
treatment

(ii) For parties to make themselves known, to submit ques-

tionnaire 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,

Duly substantiated claims
for market economy status
(as mentioned in point 5.1(e)) and/or for individual treat-
ment pursuant to Article 9(5) of the basic Regulation, must
reach the Commission within 15 days of the date of publi-
cation of this notice in the Official Journal of the European
Union.

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7. Written submissions, questionnaire replies and cor-

respondence

available is made, the result may be less favorable to that party
than if it had cooperated.

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-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

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 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
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) 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.