HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 131/14
EN
Official Journal of the European Union
18.5.2011
COMMISSION REGULATION (EU) No 477/2011
of 17 May 2011
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
molybdenum wires consigned from Malaysia and Switzerland, whether declared as originating in
Malaysia and Switzerland or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
C. EXISTING MEASURES
(5) The
measures
currently
in
force
and
possibly
being
Having regard to the Treaty on the Functioning of the European
circumvented are anti-dumping measures imposed by
Union,
Council Implementing Regulation (EU) No 511/2010 ( 2 ).
Having regard to Council Regulation (EC) No 1225/2009 of
D. GROUNDS
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(6) The
request
contains
sufficient
prima
facie
evidence
that
(the basic Regulation) and in particular Articles 13(3), 14(3) and
the anti-dumping measures on imports of certain
14(5) thereof,
molybdenum wires originating in the People’s Republic
of China are being circumvented by means of the tran-
shipment via Malaysia and Switzerland.
After having consulted the Advisory Committee in accordance
with Articles 13(3) and 14(3) of the basic Regulation,
The evidence submitted is as follows:
Whereas:
The request shows that a significant change in the
pattern of trade involving exports from the People’s
A. REQUEST
Republic of China, Malaysia and Switzerland to the
Union has taken place following the imposition of
(1) The
European
Commission
(the
Commission)
has
measures on the product concerned, and that there is
received a request pursuant to Articles 13(3) and 14(5)
insufficient due cause or justification other than the
of the basic Regulation to investigate the possible circum
imposition of the duty for such a change.
vention of the anti-dumping measures imposed on
imports of certain molybdenum wires originating in the
People’s Republic of China and to make imports of
This change in the pattern of trade appears to stem from
certain molybdenum wires consigned from Malaysia
the transhipment of certain molybdenum wires orig
and Switzerland, whether declared as originating in
inating in the People’s Republic of China via Malaysia
Malaysia and Switzerland or not, subject to registration.
and Switzerland.
(2) The
request
was
lodged
on
4
April
2011
by
the
European Association of Metals (Eurometaux) on behalf
Furthermore, the request contains sufficient prima facie
of a Union producer of certain molybdenum wires.
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
undermined in terms of quantity. Significant volumes of
B. PRODUCT
imports of the product under investigation appear to
have replaced imports of the product concerned. In
(3) The
product
concerned
by
the
possible
circumvention
is
addition, the Commission is in possession of sufficient
molybdenum wire, containing by weight at least 99,95 %
evidence that imports of the product under investigation
of molybdenum, of which the maximum cross-sectional
are made at prices well below the non-injurious price
dimension exceeds 1,35
mm but does not exceed
established in the investigation that led to the existing
4,0 mm, originating in the People’s Republic of China,
measures, adjusted for the decrease in the prices of the
currently falling within CN code ex 8102 96 00 (the
raw material costs.
product concerned).
Finally, the request contains sufficient prima facie
(4)
The product under investigation is the same as that
evidence that the prices of the product under investi
defined in the previous recital, but consigned from
gation are dumped in relation to the normal value
Malaysia and Switzerland, whether originating in
previously established for the product concerned,
Malaysia and Switzerland or not, currently falling
adjusted for the decrease in the prices of the raw
within the same CN code as the product concerned.
material costs.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 150, 16.6.2010, p. 17.

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EN
18.5.2011 Official
Journal
of
the
European
Union L
131/15
Should circumvention practices via Malaysia and Swit
Since the possible circumvention takes place outside the
zerland covered by Article 13 of the basic Regulation,
Union, exemptions may be granted, in accordance with
other than transhipment, be identified in the course of
Article 13(4) of the basic Regulation, to producers in
the investigation, the investigation may also cover these
Malaysia and Switzerland of certain molybdenum wires
practices.
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 (2) of the basic Regulation.
E. PROCEDURE
Producers wishing to obtain an exemption should
submit a request duly supported by evidence within the
In the light of the above, the Commission has concluded
time limit indicated in Article 3(3) of this Regulation.
that sufficient evidence exists to justify the initiation of
an investigation pursuant to Article 13 of the basic Regu
lation and to make imports of the product under inves
tigation, whether declared as originating in Malaysia and
F. REGISTRATION
Switzerland or not, subject to registration, in accordance
with Article 14(5) of the basic Regulation.
Pursuant to Article 14 (5) of the basic Regulation,
imports of the product under investigation should be
made subject to registration in order to ensure that,
should the investigation result in findings of circum
(a) Questionnaires
vention, anti-dumping duties of an appropriate amount
can be levied retroactively from the date of registration of
In order to obtain the information it deems necessary for
such imports consigned from Malaysia and Switzerland.
its investigation, the Commission will send question
naires to the known exporters/producers and to the
known associations of exporters/producers in Malaysia
and Switzerland, to the known exporters/producers and
G. TIME LIMITS
to the known associations of exporters/producers in the
People’s Republic of China, to the known importers and
In the interest of sound administration, time limits
to the known associations of importers in the Union and
should be stated within which:
to the authorities of the People’s Republic of China,
Malaysia and Switzerland. Information, as appropriate,
may also be sought from the Union industry.
— interested parties may make themselves known to the
Commission, present their views in writing and
submit questionnaire replies or any other information
to be taken into account during the investigation,
In any event, all interested parties should contact the
Commission forthwith, but not later than the time
limit set in Article 3 of this Regulation, and request a
questionnaire within the time limit set in Article 3(1) of
— producers in Malaysia and Switzerland may request
this Regulation, given that the time limit set in
exemption from registration of imports or measures,
Article 3(2) of this Regulation applies to all interested
parties.
— interested parties may make a written request to be
heard by the Commission.
The authorities of the People’s Republic of China,
(
Malaysia and Switzerland will be notified of the initiation

1 ) In accordance with Article 143 of Commission Regulation (EEC) No
2454/93 concerning the implementation of the Community
of the investigation.
Customs Code, persons shall be deemed to be related only if: (a)
they are officers or directors of one another’s businesses; (b) they are
legally recognised partners in business; (c) they are employer and
employee; (d) any person directly or indirectly owns, controls or
(b) Collection of information and holding of hearings
holds 5 % or more of the outstanding voting stock or shares of
both of them; (e) one of them directly or indirectly controls the
All interested parties are hereby invited to make their
other; (f) both of them are directly or indirectly controlled by a third
views known in writing and to provide supporting
person; (g) together they directly or indirectly control a third person;
evidence. Furthermore, the Commission may hear
or (h) they are members of the same family. Persons shall be deemed
to be members of the same family only if they stand in any of the
interested parties, provided that they make a request in
following relationships to one another: (i) husband and wife, (ii)
writing and show that there are particular reasons why
parent and child, (iii) brother and sister (whether by whole or half
they should be heard.
blood), (iv) grandparent and grandchild, (v) uncle or aunt and
nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-
law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993,
p. 1). In this context ‘person’ means any natural or legal person.
(c) Exemption of registration of imports or measures
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
In accordance with Article 13(4) of the basic Regulation,
inating in the People’s Republic of China (the original anti-
imports of the product under investigation may be
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
exempted from registration or measures if the
original measures was established or used to circumvent the original
importation does not constitute circumvention.
measures.

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L 131/16
EN
Official Journal of the European Union
18.5.2011
Attention is drawn to the fact that the exercise of most
information and contact details, interested parties may
procedural rights set out in the basic Regulation depends
consult the Hearing Officer’s web pages on the website
on the party’s making itself known within the time limits
of Directorate-General for Trade (http://ec.europa.eu/
mentioned in Article 3 of this Regulation.
trade),
HAS ADOPTED THIS REGULATION:
H. NON-COOPERATION
In cases in which any interested party refuses access to or
does not provide the necessary information within the
Article 1
time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in
An investigation is hereby initiated pursuant to Article 13(3) of
accordance with Article 18 of the basic Regulation, on
Regulation (EC) No 1225/2009, in order to determine if
the basis of the facts available.
imports into the Union of 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 4,0 mm, consigned from Malaysia and Swit
zerland, whether declared as originating in Malaysia and Swit
Where it is found that any interested party has supplied
zerland or not, currently falling within CN code ex 8102 96 00
false or misleading information, the information shall be
(TARIC code 8102 96 00 11), are circumventing the measures
disregarded and use may be made of facts available. If an
imposed by Regulation (EU) No 511/2010.
interested party does not cooperate or cooperates only
partially and findings are therefore based on the facts
available in accordance with Article 18 of the basic Regu
lation, the result may be less favourable to that party
Article 2
than if it had cooperated.
The Customs authorities are hereby directed, pursuant to
Article 13(3) and Article 14(5) of Regulation (EC) No
1225/2009, to take the appropriate steps to register the
imports into the Union identified in Article 1 of this Regulation.
I. SCHEDULE OF THE INVESTIGATION
The investigation will be concluded, according to
Article 13(3) of the basic Regulation, within nine
Registration shall expire nine months following the date of
months of the date of the publication of this Regulation
entry into force of this Regulation.
in the Official Journal of the European Union.
The Commission, by regulation, may direct Customs authorities
J.
to cease registration in respect of imports into the Union of
PROCESSING OF PERSONAL DATA
products manufactured by producers having applied for an
It is noted that any personal data collected in this inves
exemption of registration and having been found to fulfil the
tigation will be treated in accordance with Regulation
conditions for an exemption to be granted.
(EC) No 45/2001 of the European Parliament and of
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
Article 3
data by the Community institutions and bodies and on
the free movement of such data ( 1 ).
1. Questionnaires should be requested from the Commission
within 15 days from publication of this Regulation in the
Official Journal of the European Union.
K. HEARING OFFICER
It is also noted that if interested parties consider that they
2. Interested
parties,
if
their
representations
are
to
be
taken
are encountering difficulties in the exercise of their rights
into account during the investigation, must make themselves
of defence, they may request the intervention of the
known by contacting the Commission, present their views in
Hearing Officer of Directorate-General for Trade. He
writing and submit questionnaire replies or any other
acts as an interface between the interested parties and
information within 37 days from the date of the publication
the Commission services, offering, where necessary,
of this Regulation in the Official Journal of the European Union,
mediation on procedural matters affecting the protection
unless otherwise specified.
of their interests in this proceeding, in particular with
regard to issues concerning access to the file, confiden
tiality, extension of time limits and the treatment of
3. Producers in Malaysia and Switzerland requesting
written and/or oral submission of views. For further
exemption from registration of imports or measures should
submit a request duly supported by evidence within the same
( 1 ) OJ L 8, 12.1.2001, p. 1.
37-day time limit.

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EN
18.5.2011 Official
Journal
of
the
European
Union L
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4. Interested parties may also apply to be heard by the
Commission address for correspondence:
Commission within the same 37-day time limit.
European Commission
5. Any information, any request for a hearing or for a ques
Directorate-General for Trade
tionnaire as well as any request for exemption from registration
Directorate H
of imports or measures must be made in writing (not in elec
Office: N105 4/92
tronic format, unless otherwise specified) and must indicate the
1049 Bruxelles/Brussel
name, address, e-mail address, telephone and fax numbers of
BELGIQUE/BELGI
the interested party. All written submissions, including the
Fax +32 2295 65 05
information requested in this Regulation, questionnaire replies
and correspondence provided by interested parties on a confi
dential basis shall be labelled as ‘Limited’ ( 1 ) and, in accordance
Article 4
with Article 19(2) of the basic Regulation, shall be accompanied
by a non-confidential version, which will be labelled ‘For
This Regulation shall enter into force on the day following its
inspection by interested parties’.
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, 17 May 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001
regarding public access to European Parliament, Council and
Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confi
dential document pursuant to Article 19 of the basic Regulation and
Article 6 of the WTO Agreement on Implementation of Article VI of
the GATT 1994 (Anti-dumping Agreement).

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