Expiry and interim review investigations

It should be noted that the original measures were imposed by Regulation (EC) No 2200/90(3), and that Regulation (EC) No 2496/97 concluded an expiry review.

During the IP of the previous expiry review, the volume of silicon imports from the PRC to the Community was 10199 tonnes.

The market share of the imports concerned accounted for 3,8 % of total Community consumption during the IP of the previous expiry review.

The market share of the Chinese imports, which was around 4 % in the previous expiry review increased over the period under consideration from 1,4 % to 3,9 % during the IP.

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.

As in the previous expiry review, in the notice of initiation of this expiry review, Norway was proposed as analogue country for the purposes of establishing normal value.

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.

According to the application for the expiry review, which in this respect was based on information in the Metal Bulletin of August 2001, the total Chinese production capacity for the product under consideration is around 1203000 tonnes per year.

It should be noted that the volume of the exports by the cooperating exporter constituted 80 % of the imports registered by Eurostat and was higher than the total volume of the product under consideration imported from the PRC during the IP of the previous expiry review.

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.

As in the previous expiry review, the investigation has shown that the silicon, produced in the PRC and sold domestically, as well as that exported to the Community, the silicon produced and sold on the domestic market of the analogue country (Norway) and that manufactured and sold in the Community by the applicant Community producers have the same basic physical and chemical characteristics, and the same basic uses.

Expiry review

It should be noted that the original measures were imposed by Regulation (EC) No 2200/90(3), and that Regulation (EC) No 2496/97 concluded an expiry review.

F. CONSEQUENCES OF THE EXPIRY REVIEW

The interim review pursuant to Article 11(3) and the expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 concerning imports of cotton-type bedlinen originating in India are hereby terminated without the imposition of measures.

The request for an expiry review alleged that injurious dumping of imports originating in Russia would be likely to continue or to recur if measures were allowed to expire.

Requests for an interim and an expiry review

The expiry review initiated under Article 11(2) of the Basic Regulation indicated that, if measures were removed, there would be a likelihood of continuation of dumping, mainly on the grounds that substantial dumping was found to exist during the IP and that it was reasonable to conclude that such dumping would continue.

Following the publication of a notice of impending expiry () of the anti-dumping measures in force, the Commission received a request for an expiry review lodged by the European Chemical Industry Council (CEFIC) on behalf of two producers, together representing a major proportion (more than 80 %) of the total Community production of powdered activated carbon (PAC).

This request was followed by a request to open an expiry review on 27 April 2001.

Following the publication, on 24 February 2000, of the notice of the impending expiry of the anti-dumping measures in force on imports of ammonium nitrate originating in Russia (), the Commission received a request for an expiry and an interim review pursuant to Article 11(2) and (3) of the basic Regulation, lodged by EFMA on behalf of producers representing a major proportion of Community production of ammonium nitrate ('applicant Community producers').

Following the publication, in September 2000, of a notice ( fn ) of the impending expiry of the anti-dumping measures in force, the Commission received a request for an expiry review lodged by the Defence Committee of EU Steel Butt-welding Fittings Industry, on behalf producers representing a major proportion of the total Community production of certain tube or pipe-fittings of iron or steel.

The investigation period for dumping for the expiry review is 1 July 2000 to 30 June 2001 ('expiry IP').

(16) During the IP of the previous expiry review, the volume of silicon imports from the PRC to the Community was 10199 tonnes.

In the absence of any actual export sales data for the IP, no dumping calculation was possible in the context of either the expiry review or the interim review.

Cooperation from Japan was low in both the original investigation and the current expiry review.

The market share of the imports concerned accounted for 3,8 % of total Community consumption during the IP of the previous expiry review.

In accordance with Article 11(2) of the basic Regulation, the purpose of an expiry review is to determine whether, or not, the expiry of the measures would be likely to lead to a continuation or recurrence of injurious dumping.

The request for the expiry review was based on the grounds that the expiry of measures would be likely to result in a recurrence of dumping and injury to the Community industry.

According to Article 11(2) of the basic Regulation, the purpose of an expiry review is to determine whether dumping prevailed during the IP and whether the expiry of the measures is likely to lead to a continuation or recurrence of dumping.

The period considered for the assessment of the situation of the Community industry, as applied in the expiry review, covered the period from 1 January 1997 to the end of the expiry IP ('the period considered').

Therefore, it is considered appropriate to only decide on the results of the expiry review (which was initiated on 20 February 2001) at this stage.

(41) In the light of the results of the interim review leading to the expiry of the anti-dumping measures imposed by Regulation (EC) No 2398/97, the procedure concerning the expiry review should be terminated accordingly.

However, such an adjustment was not considered necessary here in view of the small overall impact on the level of dumping and the fact that measures cannot be modified following an expiry review.

The measures on imports of 3,5" microdisks originating in Japan, Taiwan and the People's Republic of China are currently subject to an expiry review.

Finally, it must be stressed that, in the context of an expiry review, it is necessary to establish whether there is a likelihood of recurrence of injury should measures expire.

Moreover, the scope of an expiry review, unlike the scope of certain interim reviews, does not require new calculations of injury margins based on price comparisons.

The request for the expiry review was made on behalf of seven of the 13 Community producers known to produce PSF in the Community.

For the expiry review, normal value was established on the same basis as for the interim review, as explained in recitals 26 to 33.

The market share of the Chinese imports, which was around 4 % in the previous expiry review increased over the period under consideration from 1,4 % to 3,9 % during the IP.

terminating the partial interim review and the expiry review concerning the anti-dumping measures imposed by Regulation (EC) No 2398/97 on imports of cotton-type bedlinen originating, inter alia, in India

In the notice of initiation of this expiry review it was therefore envisaged to choose Thailand again as analogue country for the purpose of establishing normal value.

The request for an expiry review was based on the grounds that injurious dumping of imports originating in the PRC would be likely to continue or to recur if measures were allowed to expire.

More importantly, in December 1999, pursuant to an expiry review, it was concluded that the removal of these measures would be likely to lead to the continuation or recurrence of dumping ( fn ).

The USA imposed anti-dumping duties on import of coumarin from the PRC in 1995 and maintained the duties in May 2000 pursuant to an expiry review.

(4) The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of an interim review and an expiry review in accordance with the provisions of Article 11(2) and (3) of the basic Regulation.

(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.

(20) As in the previous expiry review, in the notice of initiation of this expiry review, Norway was proposed as analogue country for the purposes of establishing normal value.

(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.