16.6.2022
EN
Official Journal of the European Union
L 161/33
(42)
This claim is addressed below in recital (256).
(43)
After disclosure, Tata Metaliks Limited submitted that the data in the review request relating to the Union industry’s data and the imports covered the period of July 2019 to June 2020.
However, the Notice of Initiation defined the review investigation period to be January 2020 to December 2020.
In the company’s view, the applicants should have updated the expiry review request based on the review investigation period defined in the Notice of Initiation, and these data should have been made available to parties.
By not circulating such updated review request to the parties, the Commission violated in its view Article 12.1.2 and Article 12.1.3 of the WTO Agreement on Subsidies and Countervailing Measures (‘SCM Agreement’).
(44)
First, it is the Commission’s common practice to base its findings on the most recent available data.
Such data may not necessarily correspond to the period defined in the expiry review request since it may not have been available at the time when the request for review was lodged.
The SCM Agreement does not contain any provision requiring the Commission to base its findings on the same period as defined in the expiry review request.
Second, all the parties had the possibility to comment on the findings and evidence that related to the review investigation period defined in the Notice of Initiation during the investigation.
Therefore, the Commission considered that it did not breach any procedural rights or violated the SCM Agreement and rejected the claim.
(45)
Tata Metaliks Limited also referred to the fact that the Commission rejected its comments on initiation because they came after the deadline provided for in the Notice of Initiation (see recital (28).
In its view the deadline would only apply after reception of the revised data by the applicants that would relate to the review investigation period as defined in the Notice of Initiation.
Tata Metaliks Limited also argued that it is ‘a settled principle of natural justice’ and ‘a settled position of law across all jurisdictions’ that submissions regarding questions of law can be raised beyond deadlines.
(46)
As explained in the recital (44), the review investigation period related to the most recent period for which data was available, and this period does not always correspond to the preliminary assessment of the review request.
Furthermore, the deadline in the Notice of Initiation related explicitly to the date of publication of the Notice, and not to any other date such as submission of any information by a party.
The deadline in the Notice of Initiation does not distinguish between questions of law and of fact and applies equally to both.
The Commission thus rejected the claim.
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned (47)
The product concerned is the same as in in the original investigation namely tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) (‘ductile pipes’), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), originating in India, currently falling under CN codes ex 7303 00 10 (TARIC code 7303 00 10 10) and ex 7303 00 90 (TARIC code 7303 00 90 10) (‘the product concerned’).
(48)
Ductile pipes are used for drinking water supply, sewage disposal and irrigation of agricultural land.
The transportation of water through ductile pipes may be based on pressure or solely on gravity.
The pipes range between 60 mm and 2 000 mm and are 5,5, 6,7 or 8 meters long.
They are normally lined with cement or other materials and externally zinc-coated, painted or tape wrapped.
The main final users are public utility companies.
2.2.
Like product (49)
As established in the original investigation, this expiry review investigation confirmed that the following products have the same basic physical, chemical and technical characteristics as well as the same basic uses: — the product concerned; — the product produced and sold on the domestic market of country concerned; and — the product produced and sold in the Union by the Union industry.