Notice of initiation of a partial interim review of the antidumping measures applicable to imports of grain oriented flat-rolled products of silicon-electrical steel (GOES) originating in Russia

(2007/C 39/12)

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 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1). The review is limited to the examination of the level of dumping for two Russian exporting producers, Novolipetsk Iron & Steel Corporation (NLMK) and Viz Stal.

1.   Product

The product under review is grain oriented flat-rolled products of silicon-electrical steel originating in Russia (‘the product concerned’), currently classifiable within CN codes 7225 11 00 and 7226 11 00. These CN codes are given only for information.

2.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1371/2005 (2) on imports of grain oriented flat-rolled products of silicon-electrical steel originating in Russia. By Decision No 2005/622/EC of 5 August 2005 (3), the Commission accepted an undertaking offered by Novolipetsk Iron & Steel Corporation. As a result, imports of the product concerned from this company are not subject to the definitive anti-dumping duty in accordance with Article 2 of Regulation (EC) No 1371/2005.

3.   Grounds for the review

The Commission has been notified that NLMK has acquired 100 % of Viz Stal. In addition, evidence has been provided regarding production, sales and distribution of the product concerned under the new corporate structure. In view of this evidence, the circumstances on the basis of which measures were established appear to have changed in a lasting way.

The evidence at hand also shows that the dumping margin under the new corporate structure would change significantly as compared to the level of the current measures.

On the basis of the foregoing, it appears that the individual duties in force for NLMK (although duties are currently not collected for imports from this company for the reason set out in point 2 above) and Viz Stal are no longer appropriate, and that a review should be initiated ex officio in order to calculate one single measure for the new joint company.

4.   Procedure for the determination of dumping

(a)   General

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11 (3) of the basic Regulation.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of NLMK and Viz Stal under the new corporate structure. This assessment will be made on the basis of data collected during the investigation that lead to the imposition of the existing measures.

If it is determined that measures should be removed or amended for the companies concerned by this review under the new corporate structure, it may be necessary to amend the rate of duty currently applicable to imports from other exporting producers of the product concerned as set out in Article 1(2) of Council Regulation (EC) No 1371/2005.

(b)   Collection of information and holding of hearings

All interested parties 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 6(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 6(b).

5.   Time limits

(a)   For parties to make themselves known and to submit 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 any other 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 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 and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited  (4)’ and, in accordance with Article 19(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:

7.   Non-co-operation

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 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, in accordance with Article 18 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 will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17.).

(2)  OJ L 223, 27.8.2005, p. 1.

(3)  OJ L 223, 27.8.2005, p. 42.

(4)  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 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).