Notice of initiation regarding a partial reopening of the anti-dumping investigation concerning imports of certain compressors originating in the People’s Republic of China

2011/C 98/08

The Commission has decided on its own initiative to partially reopen the anti-dumping investigation concerning imports of certain compressors originating in the People's Republic of China initiated pursuant to Article 5 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Communities (1) (‘the basic Regulation’). The reopening is limited to the examination of whether certain product types fall within the scope of the anti-dumping measures imposed on imports of certain compressors originating in the People's Republic of China.

1.   Product

The product concerned is reciprocating compressors (excluding reciprocating compressor pumps), giving a flow not exceeding 2 cubic meters (m3) per minute, currently falling within CN codes ex 8414 40 10, ex 8414 80 22, ex 8414 80 28 and ex 8414 80 51 and originating in the People’s Republic of China.

2.   Measure concerned

The measure concerned is a definitive anti-dumping duty imposed by Council Regulation (EC) No 261/2008 (2) on imports of the product concerned (‘measure concerned’). The measure concerned expired on 21 March 2010 (3).

3.   Grounds for the reopening

The information at the Commission's disposal indicates that so-called mini-compressors, i.e. compressors without a tank capable of operating on a 12 V power supply, which fall under the product scope, appear to be distinct from the other compressors subject to the measure concerned. Therefore, it is considered appropriate to partially reopen the investigation as far as a clarification of the scope of the product is concerned, with the conclusion thereon possibly having retroactive effect as of the date of the imposition of the measures concerned.

4.   Procedure

Having determined, after consulting the Advisory Committee, that the initiation of a partial reopening of the anti-dumping investigation is justified, the Commission hereby reopens partially the anti-dumping investigation concerning imports of certain compressors originating in the People's Republic of China initiated under Article 5 of the basic Regulation by a notice published in the Official Journal of the European Union  (4).

The Commission will examine the information submitted by all interested parties with a view to determine whether mini-compressors should be excluded from the scope of the antidumping measures imposed by Council Regulation (EC) No 261/2008.

All interested parties are hereby invited to make their views known, submit information and provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 5(a) of this notice.

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 paragraph 5(b) of this notice.

5.   Time limits

(a)   For parties to make themselves known and to submit 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 any information 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 and correspondence

All submissions made by interested parties must be made in writing in both paper and electronic format, and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. If an interested party cannot provide its submissions and requests in electronic format for technical reasons, it must immediately inform the Commission.

All written submissions and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (5).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

Commission address for correspondence:

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, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may 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 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.

8.   Processing of personal data

It is noted 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 Union institutions and bodies and on the free movement of such data (6).

9.   Hearing officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of Directorate-General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views.

For further information and contact details interested parties may consult the Hearing Officer's web pages on the website of Directorate-General for Trade (http://ec.europa.eu/trade).

(1)  OJ L 56, 6.3.1996, p. 1. Regulation subsequently replaced by Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51).

(2)  OJ L 81, 20.3.2008, p. 1.

(3)  OJ C 73, 23.3.2010, p. 39.

(4)  OJ C 314, 21.12.2006, p. 2.

(5)  This document is a confidential document pursuant to Article 19 of Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(6)  OJ L 8, 12.1.2001, p. 1.