L 155/38
EN
Official Journal of the European Union
8.6.2022
(a) Collection of information and holding of hearings (14)
All interested parties including the Union industry, importers and any relevant association are invited to make their views known in writing and to provide supporting evidence provided that such submissions are made within the deadline provided for in Article 3(2).
Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.
(b) Requests for exemptions (15)
In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from measures if the importation does not constitute circumvention.
(16)
Since the possible circumvention takes place outside the Union, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of the product under investigation in Malaysia that can show that they are not engaged in circumvention practices as defined in Article 13(1) and (2) of the basic Regulation.
Producers, if any, wishing to obtain an exemption should come forward within the time limit indicated in Article 3(1) of this Regulation.
Copies of the questionnaire for exporting producers in the PRC, the exemption claim form questionnaire for exporting producers in Malaysia and questionnaires for importers in the Union are available in the file for inspection by interested parties and on DG Trade’s website: https://tron.trade.ec.europa.eu/investigations/ case-view?caseId=2606.
The questionnaires have to be submitted within the time limit indicated in Article 3(2) of this Regulation.
F.
REGISTRATION
(17)
Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation shall be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount, not exceeding the residual duty imposed by Implementing Regulation (EU) 2017/141, can be levied from the date on which registration of such imports was imposed.
G. TIME LIMITS
(18)
In the interest of sound administration, time limits should be stated within which: — interested parties may make themselves known to the Commission, submit questionnaires, present their views in writing or any other information to be taken into account during the investigation, — producers in Malaysia may request exemptions from registration of imports or measures, — interested parties may make a written request to be heard by the Commission.
(19)
Attention is drawn to the fact that the exercise of procedural rights set out in the basic Regulation depends on parties making themselves known within the time limits laid down in Article 3 of this Regulation.
H.
NON-COOPERATION
(20)
If 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.
(21)
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 facts available in accordance with Article 18 of the basic Regulation.
(22)
If an interested party does not cooperate or cooperates only partially and findings are therefore based on the 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.