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20.12.2012 Official
Journal
of
the
European
Union L
350/51
COMMISSION REGULATION (EU) No 1236/2012
of 19 December 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Implementing Regulation (EU) No 511/2010 on imports of certain
molybdenum wires originating in the People’s Republic of China by imports of certain slightly
modified molybdenum wires, containing by weight 97 % or more but less than 99,95 % of
molybdenum, originating in the People’s Republic of China, and making such imports subject to
registration
THE EUROPEAN COMMISSION,
(4)
The product under investigation is the same as that
defined in the previous recital, but containing by
weight 97 % or more but less than 99,95 % of molyb
denum, currently falling within the same CN code as the
Having regard to the Treaty on the Functioning of the European
product concerned but falling within a different TARIC
Union,
code (i.e. 8102 96 00 90 until the entry into force of this
regulation) and originating in the People’s Republic of
China (‘the product under investigation’).
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(‘the basic Regulation’) and in particular Articles 13(3) and 14(5)
C. EXISTING MEASURES
thereof,
(5) The
measures
currently
in
force
and
possibly
being
circumvented are anti-dumping measures imposed by
Council Implementing Regulation (EU) No 511/2010 ( 2 )
After having consulted the Advisory Committee in accordance
on imports of certain molybdenum wires originating in
with Articles 13(3) and 14(5) of the basic Regulation,
the People’s Republic of China.
Whereas:
D. GROUNDS
(6) The
request
contains
sufficient
prima
facie
evidence
that
A. REQUEST
the anti-dumping measures on imports of certain
molybdenum wires originating in the People’s Republic
(1) The
European
Commission
(‘the
Commission’)
has
received a request pursuant to Articles 13(3) and 14(5)
of China are being circumvented by means of imports of
of the basic Regulation to investigate the possible circum
the product under investigation.
vention of the anti-dumping measures imposed on
certain molybdenum wires originating in the People’s
Republic of China by imports of certain slightly
modified molybdenum wires, containing by weight
(7) The
prima
facie
evidence
submitted
is
as
follows:
97 % or more but less than 99,95 % of molybdenum,
originating in the People’s Republic of China, and to
make such imports subject to registration.
(8) The
request
shows
that
a
significant
change
in
the
pattern of trade involving exports from the People’s
(2) The
request
was
lodged
on
5
November
2012
by
Plansee
Republic of China to the Union has taken place
SE, a Union producer of certain molybdenum wires.
following the imposition of the definitive anti-dumping
duty on the product concerned imposed by Imple
menting Regulation (EU) No 511/2010, without
sufficient due cause or economic justification for such a
B. PRODUCT
change other than the imposition of the duty.
(3) The
product
concerned
by
the
possible
circumvention
is
molybdenum wire, containing by weight at least 99,95 %
of molybdenum, of which the maximum cross-sectional
dimension exceeds 1,35
mm but does not exceed
(9) This
change
appears
to
stem
from
the
importation
of
the
4,0 mm, originating in the People’s Republic of China,
product under investigation into the Union. The request
currently falling within CN code ex 8102 96 00 (TARIC
contains sufficient prima facie evidence that the product
codes 8102 96 00 11 and 8102 96 00 19) (‘the product
under investigation has the same essential characteristics
concerned’).
and uses as the product concerned.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 150, 16.6.2010, p. 17.

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L 350/52
EN
Official Journal of the European Union
20.12.2012
(10) Furthermore,
the
request
contains
sufficient
prima
facie
(b) Collection of information and holding of hearings
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
(17) All
interested
parties
are
hereby
invited
to
make
their
undermined both in terms of quantity and price.
views known in writing and to provide supporting
Significant volumes of imports of the product under
evidence. Furthermore, the Commission may hear
investigation appear to have replaced imports of the
interested parties, provided that they make a request in
product concerned. In addition, there is sufficient prima
writing and show that there are particular reasons why
facie evidence that imports of the product under investi
they should be heard.
gation are made at prices below the non-injurious price
established in the investigation that led to the existing
measures.
(c) Exemption from registration of imports or measures
(18) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
(11) Finally, the request contains sufficient prima facie
imports of the product under investigation may be
evidence that the prices of the product under investi
exempted from registration or measures if the
gation are dumped in relation to the normal value
importation does not constitute circumvention.
previously established for the product concerned.
(19) Since the possible circumvention takes place outside the
(12) Should
circumvention
practices
covered
by
Article
13
of
Union, exemptions may be granted, in accordance with
the basic Regulation, other than the one mentioned
Article 13(4) of the basic Regulation, to producers of the
above, be identified in the course of the investigation,
product under investigation in the People’s Republic of
the investigation may also cover these practices.
China that can show that they are not related ( 1 ) to any
producer subject to the measures ( 2 ) and that are found
not to be engaged in circumvention practices as defined
in Article 13(1) and 13(2) of the basic Regulation.
Producers wishing to obtain an exemption should
E. PROCEDURE
submit a request duly supported by evidence within the
time limit indicated in Article 3(3) of this Regulation.
(13) In light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an
investigation pursuant to Article 13(3) of the basic Regu
lation and to make imports of the product under inves
tigation subject to registration, in accordance with
F. REGISTRATION
Article 14(5) of the basic Regulation.
(20) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
of the product under investigation shall be made subject
to registration in order to ensure that, should the inves
tigation result in findings of circumvention, anti-dumping
(a) Questionnaires
duties of an appropriate amount can be levied from the
date on which registration of such imports was imposed.
(14) In
order
to
obtain
information
it
deems
necessary
for
its
investigation, the Commission will send questionnaires to
the known exporters/producers and to the known associ
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
ations of exporters/producers in the People’s Republic of
2454/93 (OJ L 253, 11.10.1993, p. 1) concerning the implemen
tation of the Community Customs Code, persons shall be deemed to
China, to the known importers and to the known associ
be related only if: (a) they are officers or directors of one another’s
ations of importers in the Union and to the authorities of
businesses; (b) they are legally recognised partners in business; (c)
the People’s Republic of China. Information, as appro
they are employer and employee; (d) any person directly or indi
priate, may also be sought from the Union industry.
rectly owns, controls or holds 5 % or more of the outstanding
voting stock or shares of both of them; (e) one of them directly
or indirectly controls the other; (f) both of them are directly or
indirectly controlled by a third person; (g) together they directly
or indirectly control a third person; or (h) they are members of
(15) In
any
event,
all
interested
parties
should
contact
the
the same family. Persons shall be deemed to be members of the
Commission forthwith, but not later than the time
same family only if they stand in any of the following relationships
to one another: (i) husband and wife; (ii) parent and child; (iii)
limit set in Article 3 of this Regulation, and request a
brother and sister (whether by whole or half blood); (iv) grandparent
questionnaire within the time limit set in Article 3(1) of
and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-
this Regulation, given that the time limit set in
in-law and son-in-law or daughter-in-law; (vii) brother-in-law and
Article 3(2) of this Regulation applies to all interested
sister-in-law. In this context ‘person’ means any natural or legal
parties.
person.
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
inating in the People’s Republic of China (the original anti-
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
(16) The
authorities
of
the
People’s
Republic
of
China
will
be
original measures was established or used to circumvent the original
notified of the initiation of the investigation.
measures.

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EN
20.12.2012 Official
Journal
of
the
European
Union L
350/53
G. TIME LIMITS
data by the Community institutions and bodies and on
the free movement of such data ( 1 ).
(21) In
the interest of sound administration, time limits
should be stated within which:
K. HEARING OFFICER
— interested parties may make themselves known to the
(28) Interested
parties
may
request
the
intervention
of
the
Commission, present their views in writing and
Hearing Officer for the Directorate-General for Trade.
submit questionnaire replies or any other information
The Hearing Officer acts as an interface between the
to be taken into account during the investigation,
interested parties and the Commission investigation
services. The Hearing Officer reviews requests for access
to the file, disputes regarding the confidentiality of docu
— producers in the People’s Republic of China may
ments, requests for extension of time limits and requests
request exemption from registration of imports or
by third parties to be heard. The Hearing Officer may
measures,
organise a hearing with an individual interested party and
mediate to ensure that the interested parties’ rights of
defence are being fully exercised.
— interested parties may make a written request to be
heard by the Commission.
(29) A
request
for
a
hearing
with
the
Hearing
Officer
should
be made in writing and should specify the reasons for the
(22) Attention is drawn to the fact that the exercise of most
request. The Hearing Officer will also provide oppor
procedural rights set out in the basic Regulation depends
tunities for a hearing involving parties to take place
on the party’s making itself known within the time limits
which would allow different views to be presented and
laid down in Article 3 of this Regulation.
rebuttal arguments offered.
H. NON-COOPERATION
(30) For
further
information
and
contact
details
interested
parties may consult the Hearing Officer’s web pages on
(23) In
cases
in
which
any
interested
party
refuses
access
to
or
the Directorate-General for Trade’s website: http://ec.
does not provide the necessary information within the
europa.eu/trade/tackling-unfair-trade/hearing-officer/
time limits, or significantly impedes the investigation,
index_en.htm,
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.
HAS ADOPTED THIS REGULATION:
(24) Where
it
is
found
that
any
interested
party
has
supplied
false or misleading information, the information shall be
Article 1
disregarded and use may be made of facts available.
An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 1225/2009, in order to determine if
imports into the Union of molybdenum wire, containing by
(25) If
an
interested
party
does
not
cooperate
or
cooperates
weight 97 % or more but less than 99,95 % of molybdenum,
only partially and findings are therefore based on the
of which the maximum cross-sectional dimension exceeds
facts available in accordance with Article 18 of the
1,35 mm but does not exceed 4,0 mm and currently falling
basic Regulation, the result may be less favourable to
within CN code ex 8102 96 00 (TARIC code 8102 96 00 30),
that party than if it had cooperated.
originating in the People’s Republic of China, are circumventing
the measures imposed by Implementing Regulation (EU) No
511/2010.
I. SCHEDULE OF THE INVESTIGATION
(26) The investigation will be concluded, pursuant to
Article 13(3) of the basic Regulation, within nine
Article 2
months of the date of the publication of this Regulation
The Customs authorities shall, pursuant to Article 13(3) and
in the Official Journal of the European Union.
Article 14(5) of Regulation (EC) No 1225/2009, take the appro
priate steps to register the imports into the Union identified in
Article 1 of this Regulation.
J. PROCESSING OF PERSONAL DATA
(27) It
is
noted
that
any
personal
data
collected
in
this
inves
tigation will be treated in accordance with Regulation
Registration shall expire nine months following the date of
(EC) No 45/2001 of the European Parliament and of
entry into force of this Regulation.
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
( 1 ) OJ L 8, 12.1.2001, p. 1.

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L 350/54
EN
Official Journal of the European Union
20.12.2012
The Commission, by regulation, may direct Customs authorities
replies must be submitted on paper, i.e. by post or by hand, at
to cease registration in respect of imports into the Union of
the address below. If an interested party cannot provide its
products manufactured by producers having applied for an
submissions and requests in electronic format, it must
exemption from registration and having been found to fulfil
immediately inform the Commission in compliance with
the conditions for an exemption to be granted.
Article 18(2) of the basic Regulation. For further information
concerning correspondence with the Commission, interested
Article 3
parties may consult the relevant web page on the website of
the Directorate-General for Trade: http://ec.europa.eu/trade/
1. Questionnaires
must
be
requested
from
the
Commission tackling-unfair-trade/trade-defence
within 15 days from publication of this Regulation in the
Official Journal of the European Union.
All written submissions, including the information requested in
this Regulation, questionnaire replies and correspondence
2. Interested
parties,
if
their
representations
are
to
be
taken provided by interested parties on a confidential basis must be
into account during the investigation, must make themselves
labelled as ‘Limited’ ( 1 ) and, in accordance with Article 19(2) of
known by contacting the Commission, present their views in
the basic Regulation, must be accompanied by a non-
writing and submit questionnaire replies or any other
confidential version, which must be labelled ‘For inspection by
information within 37 days from the date of the publication
interested parties’.
of this Regulation in the Official Journal of the European Union,
unless otherwise specified.
Commission address for correspondence:
3. Producers
in
the
People’s
Republic
of
China
requesting
exemption from registration of imports or measures must
European Commission
submit a request duly supported by evidence within the same
Directorate-General for Trade
37-day time limit.
Directorate H
Office: N105 08/020
4. Interested parties may also apply to be heard by the
1049 Bruxelles/Brussel
Commission within the same 37-day time limit.
BELGIQUE/BELGI
Fax +32 22986287
E-mail: TRADE-MW-CIRCUMVENTION@ec.europa.eu
5. Interested
parties
are
required
to
make
all
submissions
and
requests in electronic format (non-confidential submissions via
e-mail, confidential ones on CD-R/DVD), and must indicate
Article 4
their name, address, e-mail address, telephone and fax
numbers. However, any Powers of Attorney, signed certifi
This Regulation shall enter into force on the day following that
cations, and any updates thereof, accompanying questionnaire
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) A ‘Limited’ document is a document which is considered confidential
pursuant to Article 19 of Regulation (EC) No 1225/2009 and
Article 6 of the WTO Agreement on Implementation of Article VI
of the GATT 1994 (Anti-Dumping Agreement). It is also a
document protected pursuant to Article 4 of Regulation (EC) No
1049/2001 of the European Parliament and of the Council (OJ
L 145, 31.5.2001, p. 43).

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