Notice of initiation of an anti-dumping proceeding concerning imports of certain cargo scanning systems originating in the People's Republic of China
Date: 2009-03-18
Institutions: European Commission
Subjects: China, anti-dumping legislation, dumping, freight rate, import, originating product

C 63/20

EN

Official Journal of the European Union

18.3.2009

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an anti-dumping proceeding concerning imports of certain cargo scanning
systems originating in the People's Republic of China

(2009/C 63/09)

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
certain cargo scanning systems, originating in the People's
Republic of China (‘the country concerned’), are being dumped
injury to the Community
and are thereby causing material
industry.

1. Complaint

The complaint was lodged on 2 February 2009 by Smiths
Detection Group Limited (‘the complainant’)
representing a
in this case more than 80 %, of the total
major proportion,
Community production of certain cargo scanning systems.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
increased overall in terms of market 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, the quantities sold
and the level of the prices charged by the Community industry,
resulting in substantial adverse effects on the overall perfor-
mance, and in particular on the profitability of the Community
industry.

2. Product

5. Procedure

The product allegedly being dumped is systems for scanning of
cargo, based on the use of neutron technology or based on the
use of X-rays with an X-ray source of 250 KeV or more or
based on the use of alpha, beta or gamma radiations falling
within
9022 29 00,
ex 9027 80 17 and ex 9030 10 00 and motor vehicles
equipped with
falling within CN code
ex 8705 90 90 originating in the People's Republic of China
(‘the product concerned’). These CN codes are only given for
information.

9022 19 00,

CN codes

systems

such

ex

ex

3. Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for
the People's
Republic of China on the basis of the price and constructed
normal value in a market economy country, which is mentioned
in point 5.1(c). 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.

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

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.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned
originating in the People's Republic of China is being dumped
and whether this dumping has caused 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 other known producers
in the Community,
in the
People's Republic of China, to any known importers/users
and to the authorities of the exporting country concerned.

to the exporters/producers

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Official Journal of the European Union

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(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 has to 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 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 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(b).

(d) 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 accord-
ance with Article 2(7)(b) of
the basic Regulation.
Exporters/producers intending to submit duly substantiated
claims must do so within the specific time limit set in
point 6(c). The Commission will send claim forms to all
exporters/producers in the People's Republic of China who
have been named in the complaint as well as to the authori-
ties 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.

5.2. Procedure for assessment of Community interest

representative

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 Commission may send
importers,
questionnaires to the known Community industry,
and
their
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 Commis-
sion with information. The parties which have acted in confor-
mity with the preceding sentence may request a hearing setting
the particular reasons why they should be heard within the time

representative users

associations,

limit set in point 6(a)(iii). It should be noted that any informa-
tion submitted pursuant to Article 21 of the basic Regulation
will only be taken into account if supported by factual evidence
at the time of submission.

6. Time limits

(a) General time limits

(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.

(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.

(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 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(c),
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.

(c) Specific time limit for submission of claims for market economy

status and/or for individual treatment

Duly substantiated claims
for market economy status
(as mentioned in point 5.1(d)) 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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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
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
Fax +32 22956505

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 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 (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 their interests in this proceeding,
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).

(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.