EC, June 13, 2002, No 2002-C 140/03

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

The Commission has decided on its own initiative to initiate a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384-96 (1), as last amended by Regulation (EC) No 2238-2000 (2) (the Basic Regulation) limited to the form of the measures.

1. Product

The product under review is dead-burned (sintered) magnesia originating in the People's Republic of China ("the product concerned"), currently classifiable within CN code 2519 90 30. This CN code is given only for information.

2. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 360-2000 (3) on imports of dead-burned (sintered) magnesia originating in the People's Republic of China. The duty is in the form of a minimum import price.

3. Grounds for the review

The Commission has decided on its own initiative to initiate an interim review pursuant to Article 11(3) in order to examine the appropriateness of the measures in force with regard to the following issues.

The current measures in the form of a minimum import price do not differentiate between sales made to related parties and sales made to unrelated parties, or between first sales and successive sales to the Community, and it has become apparent that this can lead to enforcement problems. Consequently, the existing measures do not appear sufficient to counteract the dumping which is causing injury. Furthermore, the current measures do not cater for situations in which imported goods have been damaged before entry into free circulation. In this respect it should be noted that the measures should not go beyond what is necessary for the removal of injury.

4. Procedure

Having determined, after consulting the Advisory Committee, that there are sufficient grounds warranting the initiation of a partial interim review, the Commission hereby initiates a review pursuant to Article 11(3) of the Basic Regulation, limited to the examination of this aspect.

(a) Collection of information:

In order to have the interested parties views on the above, the Commission will contact the Community industry, any association of producers in the Community, the exporters/producers in the countries concerned, any association of exporters/producers in the countries concerned, the importers, and any association of importers which cooperated in the investigation leading to the measures subject to the present review, and the relevant authorities of the countries concerned.

All interested parties provided that they are likely to be affected by the results of the examination of the form of the existing measures are hereby invited to make their views known, submit information and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5 of this notice.

(b) Holding of hearings

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 5 of this notice.

5. Time-limits

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known to the Commission, present their views and submit information within 40 days of the date of publication of this notice in the Official Journal of the European Communities, 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 making itself known within the aforementioned 40 days of publication.

All interested parties may also apply to be heard by the Commission within the same 40-day limit.

6. Written submissions and correspondence

All submissions and requests made by interested parties must be made in writing and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence: European Commission Office: TERV - 0/13 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

7. Non-cooperation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time-limits, or significantly impedes the investigation, findings, affirmative or negative, use 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.

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

(2) OJ L 257, 11.10.2000, p. 2.

(3) OJ L 46, 18.2.2000, p. 1.