Commission Regulation (EC) No 216/2007 of 28 February 2007 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 on imports of certain graphite electrode systems originating in India by imports of certain artificial graphite originating in India and making such imports subject to registration

1.3.2007 EN Official Journal of the European Union L 62/16
COMMISSION REGULATION (EC) No 216/2007
of 28 February 2007
initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 on imports of certain graphite electrode systems originating in India by imports of certain artificial graphite originating in India and making such imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), and in particular Articles 13(3), 14(3) and 14(5) thereof,
Whereas:
A.   REQUEST
(1) The Commission has received a request pursuant to Article13(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of certain graphite electrode systems originating in India.
(2) The request was lodged on 15 January 2007 by the European Carbon and Graphite Association (ECGA) on behalf of Community producers of certain graphite electrode systems.
B.   PRODUCT
(3) The product concerned by the possible circumvention is graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,65 g/cm3 or more and an electrical resistance of 6,0 μΩ.m or less, falling within CN code ex 8545 11 00 (Taric code 8545110010) and nipples used for such electrodes, falling within CN code ex 8545 90 90 (Taric code 8545909010) whether imported together or separately originating in India (the product concerned). These codes are given for information only.
(4) The product under investigation is artificial graphite rods of a diameter of 75 mm or more originating in India (the product under investigation), normally declared under CN code ex 3801 10 00 (TARIC code 3801100010). This code is given for information only. The product under investigation is an intermediate product in the manufacturing of the product concerned, and it already embodies the basic characteristics of the latter product.
C.   EXISTING MEASURES
(5) The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 (2).
D.   GROUNDS
(6) The request contains sufficient prima facie evidence that the anti-dumping measures on imports of the product concerned are being circumvented by means of imports of the product under investigation.
(7) The evidence submitted is as follows:
(i) The request shows that a significant change in the pattern of trade involving exports from India to the Community has taken place following the imposition of anti-dumping measures on the product concerned, and that there is insufficient due cause or justification other than the imposition of the duty for such a change.
(ii) This change in the pattern of trade appears to stem from a simple conversion operation carried out in the Community whereby imports of the product under investigation are converted into the product concerned.
(iii) Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined in terms of quantity. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned.
(iv) Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation after conversion are dumped in relation to the normal value previously established for the product concerned.
(v) Should circumvention practices covered by Article 13 of the basic Regulation, other than simple conversion, be identified in the course of the investigation, the investigation may cover these practices also.
E.   PROCEDURE
(8) In the light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13 of the basic Regulation and to make imports of the product under investigation subject to registration, in accordance with Article 14(5) of the basic Regulation.
(a)   Questionnaires
(9) In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the exporters/producers and to the associations of exporters/producers in India, to the importers and to the associations of importers in the Community which cooperated in the investigation that led to the existing measures and to the authorities of India. Information, as appropriate, may also be sought from the Community industry.
(10) In any event, all interested parties should contact the Commission forthwith, but not later than the time limit set in Article 3 of this Regulation in order to find out whether they are listed in the request and, if necessary, request a questionnaire within the time limit set in Article 3(1) of this Regulation, given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.
(11) The authorities of India will be notified of the initiation of the investigation and provided with a copy of the request.
(b)   Collection of information and holding of hearings
(12) All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. 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.
(c)   Exemption of imports from registration or measures
(13) In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if such importation does not constitute circumvention.
(14) Since the possible circumvention takes place inside the Community, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to importers of the product under investigation that can show that they are not related to producers subject to the measures. Importers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3(3) of this Regulation.
F.   REGISTRATION
(15) Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation should 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 can be levied retroactively from the date of registration of such imports originating in India.
G.   TIME LIMITS
(16) In the interest of sound administration, time limits should be stated within which:
— interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,
— importers in the Community may request exemption from registration of imports or measures,
— interested parties may make a written request to be heard by the Commission.
(17) 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 time limits mentioned in Article 3 of this Regulation.
H.   NON-COOPERATION
(18) 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 findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(19) 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 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,