The review could not be completed within the normal period of 12 months provided for in Article 11(5) of the basic Regulation, owing to the complexity of the investigation.

The investigation showed that for all exports by the cooperating exporting producer in Thailand to the Community during the review IP, the 45 % added value rule was not met.

Where, after consultation, it becomes apparent that review is warranted, the investigation shall be re-opened in accordance with Article 7, where the circumstances so require.

The investigation carried out under the present review indicates that dumping has not been eliminated and was even substantially higher than during the previous investigations.

According to the information presented in the request for a review a number of CTV producers exists in Thailand, although only one of them cooperated during the investigations.

The investigation showed that the share of the total Community production held by the seven co-operating Community producers supporting the review request, during the investigation period amounted to more than 65 % of total Community production of the product concerned.

As indicated above, this investigation is a combination of an expiry review based on Article 11(2) of the basic Regulation and an interim review based on Article 11(3), the latter having been initiated to examine the allegation that the injurious dumping had increased.

(68) The investigation with regard to Hungary, Poland and the Republic of Croatia was an interim review which was initiated in parallel with the new investigation in order to examine globally the situation with regard to all imports of seamless pipes and tubes into the Community.

(3) Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission announced the initiation of an expiry review(5), pursuant to Article 11(2) of the Basic Regulation and commenced an investigation.

The present review exceeded the period of 12 months within which it should normally have been concluded pursuant to Article 11(5) of the basic Regulation, due to the complexity of the investigation and in particular the impact of the euro-effect (see recital 39) on the investigation.

For Japan, as no exporting producer from Japan cooperated in the present investigation, the only available prices are the Eurostat prices or price quotations provided in the review request.

In this respect the United States of America initiated a review of the anti-dumping duty on silicon from the PRC in 1999. The investigation established very high margins of dumping (up to 139 %).

In view of the above findings regarding the origin, all CTVs exported from Thailand to the Community were treated as originating in Korea and Malaysia for the purpose of the review investigations.

Given the fact that this review is limited to the examination of the dumping aspects, the level of duties imposed should not be higher than the injury margins found during the original investigation.

Given that the natural advantage in question continued to exist, it was decided for the purpose of the present review to apply the same adjustment to the normal value as in the original investigation.

The investigation showed that the Community industry's average sales price of the product concerned dropped by 8 % during the period under review, from 0,237 ECU/unit in 1996 to 0,217 EUR/unit in the IP.

Where warranted by the review, carried out either with or without reopening of the investigation, the measures shall be amended, repealed or annulled by the Community institution competent for their adoption.

Decision No 75 of 22 February 1973 concerning the investigation of applications for review made under Article 94(5) of Council Regulation (EEC) No 1408/71 by invalidity pensioners (OJ No C 75, 19.9.1973, p. 5).

The investigation showed that both cooperating companies have a very significant propensity to export, as during the period under review, more than 80 % of their production of the product concerned was exported.

(28) The investigation has revealed that the import volume of the product under consideration from China was higher than in the IP of the previous expiry review and that it had clearly remained at dumped levels.

The present investigation is a review, analysing a situation in which anti-dumping measures were already in place and its remit is thus to assess any undue negative impact of the measures on the parties concerned.

Since the injury level found in the original investigation is higher than the dumping margin found in the present review, the level of the duties should be set at that of the dumping margin found, namely at 21,0%.

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11(2) of the Basic Regulation.

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11(2) of the basic Regulation.

The relevant provisions of this Regulation with regard to procedures and the conduct of investigations, excluding those relating to time limits, shall apply to any review carried out pursuant to Article 18, 19 and 20.

Similar non desirable effects may result from overly lengthy investigations in the context of reviews pursuant to Articles 11(3) and (4) and reinvestigations pursuant to Article 12 of the Basic Anti-dumping Regulation.

The extraction method, quality and production process of the South African producer can be considered as similar to that of the Chinese producers, as established in the investigation that led to the measures under review.

Since all types of fluorspar have identical or similar physical and chemical characteristics and identical uses, as in the investigation leading to the measures presently reviewed, they are considered as one single product.

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission initiated an investigation pursuant to Article 11(2) of the basic Regulation.

Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation (4) pursuant to Article 11(2) of the Basic Regulation.

In accordance with Article 11(9), therefore, the present review had to address the dumping aspects using the same methodology as the original investigation, i.e., inter alia, by determining normal value in an analogue country.

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11(2) and 11(3) of the basic Regulation.

Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11(2) of the Basic Regulation ( fn ).

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11(2) and 11(3) of the basic Regulation ().

The product covered by the current review is the same as in the original investigation, i.e. polyethylene terephthalate ('PET') with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728.

Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation ( fn ), pursuant to Article 11(2) of the basic Regulation.

Since the IP of the investigation against imports of the product concerned originating in Turkey overlapped with the review IP for six months, normal value was established only for the common period of the two investigations, i.e. 1 July 1999 to 31 December 1999 (second half of the review IP), and dumping calculations were made for this period.

The relevant provisions of this Regulation with regard to procedures and the conduct of investigations, excluding those relating to time limits, shall apply to any review carried out pursuant to paragraphs 2, 3 and 4 of this Article.

- if the claim does not appear to be justified, the competent Commission department will ask the firm, in the course of the investigation and no later than the time at which the statement of objections is sent, to review its position.

the measures under review are based on dumping margins determined in the previous investigation and these margins, with the exception of the residual dumping margin, would be considered as de minimis under the current Basic Regulation.

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission initiated an investigation (6){1><) pursuant to Article 11 (2) of the basic Regulation.

As a result of these requests for MET the Commission decided to initiate specific interim reviews in accordance with Article 11 (3) of the basic Regulation, limited in scope to the investigation of dumping of these exporting producers.

Since sampling has been used in the investigation of dumping, a new exporters' review pursuant to Article 11 (4) of the basic Regulation with the objective of determining individual dumping margins cannot be initiated in this proceeding.

(10) It is therefore appropriate to introduce mandatory time limits also for the completion of review investigations pursuant to Articles 11(2), (3) and (4) and reinvestigations pursuant to Article 12 of the Basic Anti-dumping Regulation.

The only data on domestic production and consumption of lighters in China were made available to the Commission by the applicant in its request for this review and during the investigation, as Chinese exporting producers did not cooperate.

Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation pursuant to Article 11 (2) of the basic Regulation in March 2000 (9).

The present review exceeded the period of 12 months within which it should normally have been concluded pursuant to Article 11(5) of the basic Regulation, due to the complexity of the investigation and in particular the impact of the Euro-effect on the investigation (see recital 34) and the difficulties in establishing findings given the extent of non cooperation.

In the notice of initiation of the interim review, the Commission suggested Taiwan as an appropriate analogue country, due to the fact that the request for the interim review was based, inter alia, on the fact that the domestic prices in the analogue country Taiwan which were used to determine the normal value in the previous investigations had decreased significantly.

Furthermore, as the present investigation is an expiry review, it allows analysis of a situation in which anti-dumping measures have already been in place and to assess any undue negative impact on the parties concerned by the current anti-dumping measures.

It is considered that, should the anti-dumping measures imposed in the previous investigation be repealed, injurious dumping is likely to recur and that the situation of the Community industry, which improved during the period under review, would deteriorate.