Regulation 2008/954 - Amendment of Regulation (EC) No 682/2007 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels from Thailand - Main contents

EN

Official Journal of the European Union

L 260/1

By Regulation (EC) No 682/2007 (2) (the definitive Regulation), the Council imposed a definitive anti-dumping duty on imports into the Community of certain prepared or preserved sweetcorn in kernels, originating in Thailand (the product concerned), normally declared within CN codes ex 2001 90 30 and ex 2005 80 00. Given the large number of cooperating parties, a sample of Thai exporting producers was selected during the investigation which led to the imposition of the measures.

The sampled companies were attributed the individual duty rates established during the investigation. A countrywide duty of 12,9 %, based on the weighted average dumping margin of the sampled parties, was imposed on all other companies.

On 30 August 2007, after the imposition of definitive measures on imports of sweetcorn originating in Thailand, Kuiburi Fruit Canning Co. Limited (Kuiburi or the company), an exporting producer which was not selected in the sample but which had provided the Commission with a full questionnaire reply and had requested an individual examination, submitted an application to the Court of First Instance. In that application, the company claimed that it should have been granted an individual examination.

Without prejudice to the position which the Community institutions will take should that case be pursued by the applicant, the Commission decided on its own initiative to initiate a partial reopening of the anti-dumping investigation (3). The reopening was limited in scope to the examination of dumping as far as Kuiburi is concerned.

The Commission officially advised Kuiburi, the representatives of the exporting country and the Community industry of the partial reopening of the investigation. Interested parties were given the opportunity to make their views known in writing and to be heard.

The Commission sought to verify the information provided by Kuiburi which it deemed necessary for the determination of dumping and a verification visit was carried out at the premises of the company.

As set out in the definitive Regulation, the investigation of dumping covered the period from 1 January 2005 to 31 December 2005 (the investigation period or IP).

The methodology used for the calculation of dumping was the same as that applied for the sampled companies, as described in recitals 21 to 36 of Commission Regulation (EC) No 1888/2006 (4) (the provisional Regulation), and confirmed in the definitive Regulation.

For the determination of normal value the Commission first established whether the total domestic sales of the like product were representative in comparison with the company’s total export sales to the Community. In accordance with Article 2(2), first sentence, of the basic Regulation, the domestic sales of the like product are considered to...