Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of sodium cyclamate originating in the People's Republic of China and Indonesia
Date: 2009-03-10
Institutions: European Commission
Subjects: China, Indonesia, anti-dumping legislation, food additive

C 56/42

EN

Official Journal of the European Union

10.3.2009

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
sodium cyclamate originating in the People's Republic of China and Indonesia

(2009/C 56/10)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of sodium cycla-
mate originating in the People's Republic of China and
Indonesia (‘countries concerned’), the Commission has received
a request for review pursuant to Article 11(2) of Council Regu-
lation (EC) No 384/96 on protection against dumped imports
from countries not members of the European Community (2)
(‘the basic Regulation’).

of China on the basis of a constructed normal value in an
appropriate market economy country, which is mentioned in
point 5.1(c). The allegation of continuation of dumping for the
People's Republic of China is based on a comparison of normal
value, as set out in the preceding sentence, with the export
prices of the product concerned when sold for export to the
Community.

1. Request for review

The request was lodged on 11 December 2008 by Productos
Aditivos SA (‘the applicant’), the sole producer in the Com-
munity of sodium cyclamate, representing 100 % of the Com-
munity production thereof.

2. Product

The product under review is sodium cyclamate originating in
the People's Republic of China and Indonesia (‘the product
concerned’),
code
ex 2929 90 00. This CN code is given only for information.

classifiable

currently

within

CN

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 435/2004 (3) on
imports of
sodium cyclamate originating in the People's
Republic of China and Indonesia.

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.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic

(1) OJ C 253, 4.10.2008, p. 22.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 72, 11.3.2004, p. 1.

On this basis, the dumping margin calculated is significant.

In demonstrating the likelihood of recurrence of dumping for
Indonesia, a comparison was done between the normal value
and the export prices. The normal value was constructed. The
export prices from Indonesia to Pakistan and the Philippines
have been used by the applicant, in view of the current absence
of significant import volumes from Indonesia into the EC.

The allegation of recurrence of dumping for Indonesia is based
on a comparison of a constructed normal value with the export
prices of the product concerned when sold for export to the
abovementioned third countries.

On the basis of the above comparison, which shows dumping,
the applicant argues that there is a likelihood of recurrence of
dumping from Indonesia.

The applicant further alleges the likelihood of further injurious
dumping from Indonesia. 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 a likely redirection of exports from third coun-
tries to the Community, and this due to the attractiveness of the
Community market given its size and price levels.

With regard to the People's Republic of China, the applicant
alleges that imports of the product concerned have continued to
cause injury to the Community industry due to their increase in
volume and market share, and low prices.

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In addition, the applicant alleges that the already fragile situation
of
the Community industry would further deteriorate if
measures were allowed to lapse and that any recurrence of
from the countries
substantial
concerned would likely lead to a continuation or recurrence of
injury of the Community industry.

imports at dumped prices

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.

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) 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 the
People's Republic of China and Indonesia to any association
to any known
of exporters/producers,
association of
the
exporting countries concerned.

importers, and to the authorities of

to the importers,

(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 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).

(c) Selection of the market economy country

In the previous investigation Indonesia 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 Indonesia 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(b).

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
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 par ties to request a questionnaire

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

(iii) Hear ings

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

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Official Journal of the European Union

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

9. Schedule of the investigation

Parties to the investigation may wish to comment on the
Indonesia which, as mentioned in
appropriateness of
point 5.1(c), 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.

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
1049 Brussels
BELGIQUE
Fax +32 22956505

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.

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
lead to those measures being repealed or
amended but will
maintained in accordance with Article 11(6) of
the basic
Regulation.

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
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.