2.10.2007

EN

Official Journal of the European Union

C 230/9

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Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain graphite electrode systems originating in India

(2007/C 230/07)

The Commission has decided on its own initiative to initiate a partial interim review limited to the level of subsidization for certain Indian exporting producers pursuant to Article 19 of Council Regulation (EC) No 2026/97 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’).

1.   Product

The product under review 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 and nipples used for such electrodes, falling within CN code ex 8545 90 90 whether imported together or separately, originating in India (‘the product concerned’). These CN codes are given only for information.

2.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 1628/2004 (2) on imports of certain graphite electrode systems originating in India.

3.   Grounds for the review

There is sufficient prima facie evidence available to the Commission that the circumstances with regard to subsidisation on the basis of which measures were established have changed and that these changes are of a lasting nature.

Indeed, the benefits from two subsidy schemes (the Duty Entitlement Passbook Scheme (‘DEPBS’) and the Income Tax Exemption under Section 80 HHC of the Income Tax Act (‘ITES’)) appear to have significantly decreased. This is due to the modification of the relevant basic Indian laws on which these schemes are based.

As a consequence, the level of subsidisation is likely to have decreased for those companies whose measures are based either fully or partly on benefits obtained from one or both of the aforesaid two schemes in the investigation period used in the investigation that led to the determination of the level of the existing measures.

This indicates that the measures mentioned in the preceding point on imports of the product under review at their present level may no longer be necessary to counteract the current subsidisation. Therefore, the measures should be reviewed for the companies in question.

These companies include those listed in the Annex and any other producer of the product under review that makes itself known to the Commission within the deadline set in point 5(a) below and demonstrates within the same time limit that (1) it enjoyed benefits from one or both of the two schemes mentioned above during the investigation period used in the investigation that led to the determination of the level of the measure to which they are subject (1 April 2002 to 31 March 2003), and that (2) given the structural changes in these schemes as mentioned above, the benefit accruing from these schemes has decreased.

In addition, if the review investigation shows or any interested party provides sufficient prima facie evidence within the deadline set in point 5(a) below that exporters of the product concerned that are concerned by the current review are benefiting from subsidy schemes other than those mentioned above, an investigation of these schemes may also be made within the framework of the current review.

Insofar as the modified subsidy margins resulting from the current investigation could have an impact on the measures applicable for cooperating companies in the investigation that set the level of the measures and/or on the residual measure applicable for all other companies, these rates may be revised accordingly.

It should be noted that, for those companies which are subject to both anti-dumping and countervailing measures, the anti-dumping measure may be adjusted accordingly should there be a change in the countervailing measure.

4.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an ex officio partial interim review, the Commission hereby initiates a review in accordance with Article 19 of the basic Regulation.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of those companies having benefited from one or both subsidy schemes mentioned above and, for those companies, in respect of other schemes where sufficient evidence is provided as mentioned in point 3, paragraph 6 above. The investigation will also assess the need, depending on the findings of the current investigation, to revise the measures applicable to other companies that cooperated in the investigation that set the level of the existing measures and/or the residual measure applicable for all other companies.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the companies listed in the Annex and to the authorities of the exporting country concerned.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a).

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(b).

5.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies, or any other information, including that mentioned in point 3, sixth paragraph, within 40 days of the date of publication of this notice in the Official Journal of the European Union, 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's making itself known within the aforementioned period.

(b)   Hearings

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

6.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

European Commission

Directorate General for Trade

Directorate H

Office: J-79 4/23

B-1049 Brussels

Fax (32-2) 295 65 05

7.   Non-cooperation

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, findings, affirmative or negative, may be made in accordance with Article 28 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, in accordance with Article 28 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

8.   Schedule of the investigation

The investigation shall be concluded, according to Article 22(1) 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.   Other interim reviews under Article 19 of the basic Regulation

The scope of the current review is as set out in point 4 above. Any party wishing to claim a review on the basis of other grounds may do so in accordance with the provisions of Article 19 of the basic Regulation.

10.   Processing of personal data

Please note that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 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 (4).

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(1)  OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  OJ L 295, 18.9.2004, p. 4.

(3)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

(4)  OJ L 8, 12.1.2001, p. 1.

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