HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 293/28
EN
Official Journal of the European Union
23.10.2012
REGULATIONS
COMMISSION REGULATION (EU) No 973/2012
of 22 October 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil
originating in the People’s Republic of China by imports of certain aluminium foil in rolls which
are not annealed and of a width exceeding 650 mm originating in the People’s Republic of China,
and making such imports subject to registration
THE EUROPEAN COMMISSION,
the product concerned but falling within a different
TARIC code (i.e. 7607 11 19 90 until the entry into
Having regard to the Treaty on the Functioning of the European
force of this Regulation) and originating in the People’s
Union,
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
C. EXISTING MEASURES
from countries not members of the European Community ( 1 )
(5) The
measures
currently
in
force
and
possibly
being
(the basic Regulation) and in particular Articles 13(3) and 14(5)
circumvented are anti-dumping measures imposed by
thereof,
Council Regulation (EC) No 925/2009 ( 2 ) imposing a
definitive anti-dumping duty on imports of certain
After having consulted the Advisory Committee in accordance
aluminium foil originating, inter alia, in the People’s
with Articles 13(3) and 14(5) of the basic Regulation,
Republic of China.
Whereas:
D. GROUNDS
A. REQUEST
(6) The
request
contains
sufficient
prima
facie
evidence
that
(1) The
European
Commission
(the
Commission)
has
the existing measures described in recital 5 are being
received a request pursuant to Articles 13(3) and 14(5)
circumvented by means of imports of the product
of the basic Regulation to investigate the possible circum
under investigation and its subsequent conversion into
vention of the anti-dumping measures imposed on
the product concerned.
certain aluminium foil originating in the People’s
Republic of China and to make imports of certain
aluminium foil in rolls which are not annealed and of
(7) The
prima
facie
evidence
submitted
is
as
follows:
a width exceeding 650 mm originating in the People’s
Republic of China 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
24
September
2012
by
Republic of China to the Union has taken place
Symetal SA, Eurofoil Luxembourg SA, Alcomet and
following the imposition of the definitive anti-dumping
Hydro Aluminium Rolled Products GmbH, four Union
duty on the product concerned imposed by Regulation
producers of aluminium foil.
(EC) No 925/2009, without sufficient due cause or
justification for such a change other than the imposition
B. PRODUCT
of the duty.
(3) The
product
concerned
by
the
possible
circumvention
is
aluminium foil of a thickness of not less than 0,008 mm
(9) This
change
appears
to
stem
from
the
importation
of
the
and not more than 0,018 mm, not backed, not further
slightly modified product concerned which is then
worked than rolled, in rolls of a width not exceeding
converted in the Union into the product concerned.
650 mm and of a weight exceeding 10 kg and
currently falling within CN code 7607 11 19 (TARIC
code 7607
11
19
10), originating in the People’s
(10) Furthermore,
the
request
contains
sufficient
prima
facie
Republic of China (the product concerned).
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
(4)
The product under investigation is the same as that
undermined both in terms of quantity and price.
defined in the previous recital, but presented at import
Significant volumes of imports of the product under
in rolls which are not annealed and of a width exceeding
investigation appear to have replaced imports of the
650 mm, currently falling within the same CN code as
product concerned. In addition, there is sufficient
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 262, 6.10.2009, p. 1.

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EN
23.10.2012 Official
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of
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European
Union L
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evidence that imports of the product under investigation
(c) Exemption from registration of imports or
are made at prices below the non-injurious price estab
measures
lished in the investigation that led to the existing
measures.
(18) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
imports of the product under investigation may be
exempted from registration or measures if the
importation does not constitute circumvention.
(11) Finally, the request contains sufficient prima facie
evidence that the prices of the product under investi
(19) While the extent to which the possible circumvention is
gation after conversion are dumped in relation to the
taking place inside and/or outside the Union needs to be
normal value previously established for the product
investigated, exemptions may be granted, in accordance
concerned.
with Article 13(4) of the basic Regulation, to importers
and/or exporters of the product under investigation that
can show that they are not related ( 1 ) to any producer
subject to the measures ( 2 ) and that they can show that
(12) Should
circumvention
practices
covered
by
Article
13
of
they are not engaged in circumvention practices.
the basic Regulation, other than the one mentioned
Importers and exporters wishing to obtain an
above, be identified in the course of the investigation,
exemption should submit a request duly supported by
the investigation may also cover these practices.
evidence within the time limit indicated in Article 3(3)
of this Regulation.
F. REGISTRATION
E. PROCEDURE
(20) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
(13) In light of the above, the Commission has concluded that
of the product under investigation shall be made subject
sufficient evidence exists to justify the initiation of an
to registration in order to ensure that, should the inves
investigation pursuant to Article 13(3) of the basic Regu
tigation result in findings of circumvention, anti-dumping
lation and to make imports of the product under inves
duties of an appropriate amount can be levied from the
tigation subject to registration, in accordance with
date on which registration of such imports was imposed.
Article 14(5) of the basic Regulation.
G. TIME LIMITS
(21) In
the interest of sound administration, time limits
(a) Questionnaires
should be stated within which:
(14) In
order
to
obtain
information
it
deems
necessary
for
its
investigation, the Commission will send questionnaires to
— interested parties may make themselves known to the
the known exporters/producers and to the known associ
Commission, present their views in writing and
ations of exporters/producers in the People’s Republic of
submit questionnaire replies or any other information
China, to the known importers and to the known associ
to be taken into account during the investigation,
ations of importers in the Union and to the authorities of
— importers in the Union and exporters may request
the People’s Republic of China. Information, as appro
exemption from registration of imports or measures,
priate, may also be sought from the Union industry.
— interested parties may make a written request to be
heard by the Commission.
(15) In
any
event,
all
interested
parties
should
contact
the
Commission forthwith, but not later than the time
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
limit set in Article 3 of this Regulation, and request a
2454/93 concerning the implementation of the Community
questionnaire within the time limit set in Article 3(1) of
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
this Regulation, given that the time limit set in
legally recognised partners in business; (c) they are employer and
Article 3(2) of this Regulation applies to all interested
employee; (d) any person directly or indirectly owns, controls or
parties.
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 the same family. Persons shall be deemed
(16) The
authorities
of
the
People’s
Republic
of
China
will
be
to be members of the same family only if they stand in any of the
notified of the initiation of the investigation.
following relationships to one another: (i) husband and wife; (ii)
parent and child; (iii) brother and sister (whether by whole or half
blood); (iv) grandparent and grandchild; (v) uncle or aunt and
nephew or niece; (vi) parent-in-law and son-in-law or daughter-in-
(b) Collection of information and holding of hearings
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.
(17) All
interested
parties
are
hereby
invited
to
make
their
( 2 ) However, even if importers are related in the aforementioned sense
views known in writing and to provide supporting
to companies subject to the measures in place on imports orig
evidence. Furthermore, the Commission may hear
inating in the People’s Republic of China (the original anti-
interested parties, provided that they make a request in
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
writing and show that there are particular reasons why
original measures was established or used to circumvent the original
they should be heard.
measures.

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L 293/30
EN
Official Journal of the European Union
23.10.2012
(22) Attention is drawn to the fact that the exercise of most
(30) For
further
information
and
contact
details
interested
procedural rights set out in the basic Regulation depends
parties may consult the Hearing Officer’s web pages
on the party’s making itself known within the time limits
on the Directorate-General for Trade’s website: http://
laid down in Article 3 of this Regulation.
ec.europa.eu/trade/tackling-unfair-trade/hearing-officer/
index_en.htm,
H. NON-COOPERATION
HAS ADOPTED THIS REGULATION:
(23) In
cases
in
which
any
interested
party
refuses
access
to
or
does not provide the necessary information within the
time limits, or significantly impedes the investigation,
Article 1
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
An investigation is hereby initiated pursuant to Article 13(3) of
the basis of the facts available.
Regulation (EC) No 1225/2009, in order to determine if
imports into the Union of aluminium foil of a thickness of
(24) Where
it
is
found
that
any
interested
party
has
supplied
not less than 0,008 mm and not more than 0,018 mm, not
false or misleading information, the information shall be
backed, not further worked than rolled, in rolls which are not
disregarded and use may be made of facts available.
annealed, of a width exceeding 650 mm and of a weight
exceeding 10
kg and currently falling within CN code
ex 7607 11 19 (TARIC code 7607 11 19 20), originating in
(25) If
an
interested
party
does
not
cooperate
or
cooperates
the People’s Republic of China, are circumventing the
only partially and findings are therefore based on the
measures imposed by Regulation (EC) No 925/2009.
facts available in accordance with Article 18 of the
basic Regulation, the result may be less favourable to
that party than if it had cooperated.
Article 2
The Customs authorities shall, pursuant to Article 13(3) and
I. SCHEDULE OF THE INVESTIGATION
Article 14(5) of Regulation (EC) No 1225/2009, take the appro
priate steps to register the imports into the Union identified in
(26) The investigation will be concluded, pursuant to
Article 1 of this Regulation.
Article 13(3) of the basic Regulation, within nine
months of the date of the publication of this Regulation
in the Official Journal of the European Union.
Registration shall expire nine months following the date of
entry into force of this Regulation.
J. PROCESSING OF PERSONAL DATA
(27) It
is
noted
that
any
personal
data
collected
in
this
inves
The Commission, by regulation, may direct Customs authorities
tigation will be treated in accordance with Regulation
to cease registration in respect of imports into the Union of
(EC) No 45/2001 of the European Parliament and of
products either manufactured by producers or imported by
the Council of 18 December 2000 on the protection
importers having applied for an exemption from registration
of individuals with regard to the processing of personal
and having been found to fulfil the conditions for an
data by the Community institutions and bodies and on
exemption to be granted.
the free movement of such data ( 1 ).
Article 3
K. HEARING OFFICER
Questionnaires must be requested from the Commission within
(28) Interested
parties
may
request
the
intervention
of
the
15 days from publication of this Regulation in the Official
Hearing Officer of the Directorate-General for Trade.
Journal of the European Union.
The Hearing Officer acts as an interface between the
interested parties and the Commission investigation
services. The Hearing Officer reviews requests for access
Interested parties, if their representations are to be taken into
to the file, disputes regarding the confidentiality of docu
account during the investigation, must make themselves known
ments, requests for extension of time limits and requests
by contacting the Commission, present their views in writing
by third parties to be heard. The Hearing Officer may
and submit questionnaire replies or any other information
organise a hearing with an individual interested party and
within 37 days from the date of the publication of this Regu
mediate to ensure that the interested parties’ rights of
lation in the Official Journal of the European Union, unless
defence are being fully exercised.
otherwise specified.
(29) A
request
for
a
hearing
with
the
Hearing
Officer
should
Importers in the Union and producers requesting exemption
be made in writing and should specify the reasons for the
from registration of imports or measures must submit a
request. The Hearing Officer will also provide oppor
request duly supported by evidence within the same 37-day
tunities for a hearing involving parties to take place
time limit.
which would allow different views to be presented and
rebuttal arguments offered.
Interested parties may also apply to be heard by the
( 1 ) OJ L 8, 12.1.2001, p. 1.
Commission within the same 37-day time limit.

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23.10.2012 Official
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European
Union L
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Interested parties are required to make all submissions and
the basic Regulation, must be accompanied by a non-
requests in electronic format (non-confidential submissions via
confidential version, which must be labelled ‘For inspection by
e-mail, confidential ones on CD-R/DVD), and must indicate
interested parties’.
their name, address, e-mail address, telephone and fax
numbers. However, any Powers of Attorney, signed certifi
cations, and any updates thereof, accompanying questionnaire
Commission address for correspondence:
replies must be submitted on paper, i.e. by post or by hand, at
European Commission
the address below. If an interested party cannot provide its
Directorate-General for Trade
submissions and requests in electronic format, it must
Directorate H
immediately inform the Commission in compliance with
Office: N105 08/020
Article 18(2) of the basic Regulation. For further information
1049 Bruxelles/Brussel
concerning correspondence with the Commission, interested
BELGIQUE/BELGI
parties may consult the relevant web page on the website of
the Directorate-General for Trade: http://ec.europa.eu/trade/
Fax + 32 2 299 37 04
tackling-unfair-trade/trade-defence.
E-mail: TRADE-AC-AHF@ec.europa.eu
All written submissions, including the information requested in
Article 4
this Regulation, questionnaire replies and correspondence
provided by interested parties on a confidential basis must be
This Regulation shall enter into force on the day following that
labelled as ‘Limited’ ( 1 ) and, in accordance with Article 19(2) of
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, 22 October 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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