Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain aluminium foils originating in Brazil and the People’s Republic of China
Date: 2014-10-04
Institutions: European Commission
Subjects: Brazil, China, aluminium, anti-dumping duty, import (EU), originating product








C_2014350EN.01001101.xml










4.10.2014   


EN


Official Journal of the European Union


C 350/11





Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain aluminium foils originating in Brazil and the People’s Republic of China
(2014/C 350/09)
Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of certain aluminium foils originating in Brazil and the People’s Republic of China (‘the countries concerned’), the European Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (2) (‘the basic Regulation’).
1.   Request for review

The request was lodged on 30 June 2014 by AFM Aluminiumfolie Merseburg, Alcomet AD, Eurofoil Luxembourg S.A., Hydro Aluminium Rolled Products GmbH, Impold.o.o. and Symetal S.A. (‘the applicants’) on behalf of producers representing more than 25 % of the total Union production of certain aluminium foils.
2.   Product under review

The product subject to this review is aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg (‘the product under review’), originating in Brazil and in the People’s Republic of China, currently falling within CN code ex 7607 11 19.
3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 925/2009 (3).
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 recurrence of dumping and a continuation or recurrence of injury to the Union industry.
4.1.   
Allegation of likelihood of a continuation/recurrence of dumping


Brazil
Since the applicants were unable to obtain evidence on domestic prices for Brazil, the normal value is constructed on the basis of the manufacturing costs, selling, general and administrative costs (SG&A) and profit in Brazil. In view of the current virtual absence of imports volumes from Brazil to the Union the export price is established on the basis of the price of the product under review when sold for export to the United States of America at ex-works level. The comparison of the constructed normal value with the export price (at ex-works level) of the product under review showed dumping.
On the basis of the above comparison, the applicants allege that there is a likelihood of recurrence of dumping from Brazil.
The People’s Republic of China
Since, in view of the provisions of Article 2(7) of the basic Regulation, the People’s Republic of China is considered to be a non-market economy country, the applicants established normal value for the imports from the People’s Republic of China on the basis of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in a market economy third country, in this case Turkey. The allegation of likelihood of a continuation of dumping is based on a comparison of the normal value thus established with the export price (at ex-works level) of the product under review when sold for export to the Union.
On the basis of the above comparison, which shows dumping, the applicants allege that there is a likelihood of continuation of dumping from the People’s Republic of China.
4.2.   
Allegation of likelihood of continuation/recurrence of injury


The applicants provided prima facie evidence for likelihood of recurrence of injury with respect of imports from Brazil and in the same time likelihood of a continuation of injury with respect of imports from the People’s Republic of China.
Brazil
The applicants allege that the injury has been removed and this is mainly due to the existence of measures. They alleged that any recurrence of substantial imports at dumped prices from Brazil would likely lead to a recurrence of injury to the Union industry should measures be allowed to lapse.
The applicants provided prima facie evidence that, should measures be allowed to lapse, the current import level of the product under review from Brazil to the Union is likely to increase due to the potential of the manufacturing facilities of the exporting producers in Brazil and the attractiveness of the Union market in terms of the price level. That would lead to a recurrence of injury.
The People’s Republic of China
The applicants allege that the injury to the Union industry still exists. They provided prima facie evidence that imports of the product under review from the People’s Republic of China to the Union remained significant in absolute terms.
The prima facie evidence also shows that the volume and the prices of the product under review had, among other consequences, a negative impact on the quantities sold and the level of prices charged by the Union industry, resulting in substantial adverse effects on the overall performance, the financial situation and the employment situation of the Union industry.
The applicants allege the likelihood of a continuation of injury. In this respect the applicants provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the People’s Republic of China to the Union is likely to increase due to the potential of the manufacturing facilities of the exporting producers in the People’s Republic of China and the attractiveness of the Union market in terms of the price level.
In addition, the applicants allege that any further substantial increase of imports at dumped prices from the People’s Republic of China would be likely to cause further injury to the Union industry should measures be allowed to lapse.
5.   Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, 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.
The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in Brazil and the People’s Republic of China (‘the countries concerned’) and a continuation or recurrence of injury to the Union industry.
5.1.   
Procedure for the determination of a likelihood of continuation or recurrence of dumping


5.1.1.   Investigating exporting producers

Exporting producers (4) of the product under review from the countries concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.
5.1.1.1.   Procedure for selecting exporting producers to be investigated in the People’s Republic of China

Sampling
In view of the potentially large number of exporting producers in the People’s Republic of China involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the exporting producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all exporting producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties have to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to this Notice.
In order to obtain the information it deems necessary for the selection of the sample of exporting producers, the Commission will also contact the authorities of the People’s Republic of China and may contact any known associations of exporting producers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the People’s Republic of China and associations of exporting producers will be notified by the Commission, via the authorities of the People’s Republic of China if appropriate, of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producers selected to be in the sample, to any known association of exporting producers and to the authorities of the People’s Republic of China.
All exporting producers selected to be in the sample, any known association of exporting producers and the authorities of the People’s Republic of China will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.
Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-sampled cooperating exporting producers’).
5.1.1.2.   Procedure for selecting exporting producers to be investigated in Brazil

All exporting producers and associations of exporting producers in Brazil are invited to contact the Commission, preferably by e-mail, immediately but no later than 15 days after the publication of this Notice in the Official Journal of the European Union, unless otherwise specified, in order to make themselves known and request a questionnaire.
In order to obtain information it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the known exporting producers in Brazil, to any known association of exporting producers, and to the authorities of Brazil.
The exporting producers, where applicable, the associations of exporting producers and the authorities of Brazil must submit the completed questionnaire within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
5.1.2.   Additional procedure with regard to exporting producers in the non-market economy country concerned

Selection of a market economy third country
In accordance with Article 2(7)(a) of the basic Regulation, in the case of imports from the People’s Republic of China normal value will be determined on the basis of the price or constructed value in a market economy third country.
In the previous investigation, Turkey was used as a market economy third country for the purpose of establishing normal value in respect of the People’s Republic of China. For the purpose of the current investigation, the Commission envisages using again Turkey. Interested parties are hereby invited to comment on the appropriateness of this choice within 10 days of the date of publication of this Notice in the Official Journal of the European Union. According to the information available to the Commission, other market economy suppliers of the Union may be located, inter alia, in Russia. The Commission will examine whether there is production and sales of the product under review in those market economy third countries for which there are indications that production of the product under review is taking place.
5.1.3.   Investigating unrelated importers
 (5)
 (6)

Unrelated importers of the product under review from the countries concerned to the Union are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex II to this Notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review in the Union which can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled unrelated importers and to any known association of importers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
5.2.   
Procedure for the determination of a likelihood of a continuation or recurrence of injury – Investigating Union producers


In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union producers of the product under review are invited to participate in the Commission investigation.
In view of the large number of Union producers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.
The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commission using the contact details provided in section 5.6 below). Other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation(s) leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 15 days of the date of publication of this Notice in the Official Journal of the European Union.
All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
All known Union producers and/or associations of Union producers will be notified by the Commission of the companies finally selected to be in the sample.
In order to obtain information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Union producers and to any known associations of Union producers. These parties must submit a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
5.3.   
Procedure for the assessment of Union interest


Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest. Union producers, importers and their representative associations, users and their representative associations, and representative consumer organisations are invited to make themselves known within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to participate in the investigation, the representative consumer organisations have to demonstrate, within the same deadline, that there is an objective link between their activities and the product under review.
Parties that make themselves known within the above deadline may provide the Commission with information on the Union interest within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.
5.4.   
Other written submissions


Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.
5.5.   
Possibility to be heard by the Commission investigation services


All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.
5.6.   
Instructions for making written submissions and sending completed questionnaires and correspondence


All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (7).
Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.
Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:





European Commission




Directorate-General for Trade




Directorate H




Office: CHAR 04/039




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail:




TRADE-ALUFOIL-R607-DUMPING@ec.europa.eu




TRADE-ALUFOIL-R607-INJURY@ec.europa.eu




6.   Non-cooperation

In cases where 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 on the basis of facts available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.
7.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer for the Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.
The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues pertaining, among other things, to the likelihood of a continuation or recurrence of dumping and injury and Union interest.
For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/
8.   Schedule of the investigation

The investigation will be concluded, pursuant 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.
9.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.
If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.
Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this Notice, may contact the Commission at the address given above.
10.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of 18 December 2000 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).


(1)  Notice of the impending expiry of certain anti-dumping measures (2014/C 49/07) (OJ C 49, 21.2.2014, p. 7).

(2)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (codified version) (OJ L 343, 22.12.2009, p. 51).

(3)  Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China (OJ L 262, 6.10.2009, p. 1).

(4)  An exporting producer is any company in the countries concerned which produces and exports the product under review to the Union market, either directly or via third party, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(5)  Only importers not related to exporting producers can be sampled. Importers that are related to exporting producers have to fill in Annex I to the questionnaire for these exporting producers. For the definition of a related party see footnote 5 in Annex I or footnote 8 in Annex II.

(6)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.

(7)  A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(8)  OJ L 8, 12.1.2001, p. 1.


ANNEX I





ANNEX II