Regulation 2009/768 - Amendment of Regulation (EC) No 1890/2005 imposing a definitive anti-dumping duty on imports of certain stainless steel fasteners and parts thereof originating, inter alia , in Vietnam - Main contents

EN

Official Journal of the European Union

L 221/1

By Regulation (EC) No 1890/2005 of 14 November 2005 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China, Indonesia, Taiwan, Thailand and Vietnam and terminating the proceeding on imports of certain stainless steel fasteners and parts thereof originating in Malaysia and the Philippines (2), the Council imposed a definitive anti-dumping duty on imports of certain stainless steel fasteners and parts thereof (SSF) originating, inter alia, in Vietnam. The Regulation will hereinafter be referred to as ‘the original Regulation’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’.

A request for a partial interim review (the present review) pursuant to Article 11(3) of the basic Regulation was lodged by Header Plan Co. Ltd, a Vietnamese exporting producer of SSF (‘the applicant’ or ‘HPV’). The request was limited in scope to dumping and to the applicant company.

The applicant provided prima facie evidence that the continued application of the measure at its current level was no longer necessary to offset dumping. In particular, the applicant provided prima facie evidence showing that it meets the criteria for market economy treatment (MET) and individual treatment (IT). Furthermore, in the absence of domestic sales, a comparison of its costs of production and export prices to the Community indicated that the dumping margin appeared to be substantially lower than the current level of the measure.

Having determined, after consulting the Advisory Committee, that the request contained sufficient prima facie evidence, the Commission announced on 13 August 2008 the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation by a notice of initiation published in the Official Journal of the European Union  (3).

The review was limited in scope to the examination of dumping in respect of the applicant. The investigation of dumping covered the period from 1 July 2007 to 30 June 2008 (‘the review investigation period’ or ‘RIP’).

The Commission officially informed the applicant, the representatives of the exporting country and the association of Community producers about the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.

In order to obtain the information deemed necessary for its investigation, the Commission sent an MET and IT claim form and a questionnaire to the applicant and...