Directorate-General for Trade
Directorate H - Trade defence
Trade defence: Anti-circumventions
o LIMITED VERSION[1]*
o VERSION OPEN FOR CONSULTATION BY INTERESTED PARTIES
(tick box as appropriate)
Deadline for replies: 02.07.2012
ANTI-CIRCUMVENTION QUESTIONNAIREIntended for: Producers and/or Exporters from Taiwan
Of: Open mesh fabrics of glass fibres
Consigned from: Taiwan
Investigation Period (IP): 01/01/2009 – 31/03/2012
Period of reporting: 01/04/2011 – 31/03/2012
Statutory references: Council Regulation (EC) No 1225/2009 of 30 November 2009 (OJ L343, 22.12.2009, p.51)
Regulatory references: Council Regulation (EU) No 791/2011 (OJ L 204, 3.8.2011, p. 1) imposing definitive anti-dumping measures
Commission Regulation (EU) No 437/2012, OJ L 134/12 of 24/05/2012 initiating an anti-circumvention investigation
Registration n° of the proceeding: R 554
Head of section: / Case handlers:Laurens Elsen (+32 2 296.82.95)
E-mail: / Laurens Elsen (+32 2 296.82.95)
E-mail:
Markus Walldorf (+32 2 298.56.19)
E-mail:
Address: European Commission
Directorate General for Trade – H.3
Avenue des Nerviens 105
1040 Brussels – Belgium
Email:
Fax: +32 2 299 37 04
Please note that this questionnaire has to be completed twice, once as the Limited version and once as THE VERSION for inspection by interested PARTIES.
SECTION A - GENERAL INFORMATION 8
A - 1 Identity of the company 8
A - 2 Legal representative 8
A - 3 Corporate information 8
A - 4 General accounting information 12
A - 5 IT system 12
SECTION B - PRODUCT DESCRIPTION 14
B - 3 Your company’s product codes 15
B - 4 Other product information 15
SECTION C - OPERATING STATISTICS 16
C - 1 Turnover 16
C - 2 Income statement 16
C – 3 Total quantity and value of sales 16
C - 5 Stocks 17
C – 6 Employment 18
C – 7 Investments 18
SECTION D – INFORMATION RELATING TO PURCHASES 18
SECTION E – EXPORT SALES TO THE EUROPEAN UNION 20
E – 1 General Information 20
E – 2 Sales to EU customers 22
E – 3 Allowances on Export sales 23
SECTION F – COSTS 27
F – 1 Accounting system and policies 27
F – 2 Production process 30
F – 3 Purchase of primary materials or other major components 31
F – 4 Cost of production 31
F – 5 Cost of sales 33
SECTION G – COMPUTERISED INFORMATION REQUIRED 34
G – 1 General instructions for computer files 34
SECTION H – CHECK LIST 35
ANNEX I Questionnaire for companies which are related to the producing (/) exporter 36
SECTION I – GENERAL INFORMATION 36
I – 1 Identity of the company 36
I – 2 Legal representative 36
I – 3 Corporate information 36
I – 4 General accounting information 37
SECTION J – OPERATING STATISTICS 39
J – 1 Turnover 39
J – 2 Income statement 39
J - 3 Total quantity and value of sales 39
SECTION K - INFORMATION RELATING TO PURCHASE PRICES 40
K - 1 Purchasing and import procedures 40
K - 2 Purchased quantity and prices 40
SECTION L - INFORMATION RELATING TO RESALE PRICES 42
L – 1 General Information 42
L - 2 Sales to EU customers 44
L - 3 Cost of sales 44
SECTION M - COMPUTERISED INFORMATION REQUIRED 46
SECTION N - CHECK LIST 47
ANNEX II - GLOSSARY 48
ANNEX III - GUIDELINES FOR COMPLETING THE QUESTIONNAIRE OPEN FOR CONSULTATION BY INTERESTED PARTIES 53
INTRODUCTION
The purpose of this questionnaire is to allow the European Commission to obtain the information it deems necessary for its investigation.
Before attempting to complete the following questionnaire you are requested to review the cover letter carefully, you are also advised to read the glossary of dumping terminology attached as Annex II.
Please note that this questionnaire sets out minimum information requirements, therefore case officers may ask further related questions during verification visits. Companies concerned may also submit supplementary evidence they deem useful for the determination of their exemption.
Your reply to this questionnaire may be subject to verification. You are therefore requested to keep all supporting documents and all working documents used for the preparation of your reply available for inspection.
Please note that the list of questions and documents requested is not exhaustive.
If a question does not apply to your company, please explain clearly why this is the case.
All other relevant evidence showing that the company is not engaged in circumvention practices should be provided by the applicant.
Limited ('confidential') and non-confidential versions:
Both a limited version and a version for inspection by interested parties of this claim form should be completed. You should be aware of the following:
Interested parties providing confidential information shall be required to furnish non-confidential summaries of this information. Those summaries shall be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. In exceptional circumstances, the parties may indicate that the information is not susceptible of summary. In such exceptional circumstances, a statement of the reasons why summarisation is not possible must be provided.
If it is considered that a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information available or to authorise its disclosure in generalised or summary form, the information may be disregarded.
In cases where any interested party refuses access to, or otherwise does not provide, necessary information within the time limits, or significantly impedes the investigation or supplies false or misleading information, the claim for exemption may be rejected.
You should be aware that your reply to the questionnaire will constitute the body of information on the basis of which preliminary and final findings will be made with regard to your company. In this respect, it is essential that your reply to the questionnaire and any significant correction to it, is submitted within the time limits provided for this purpose as a considerable amount of preparatory work and analysis of replies have to be carried out prior to verification visits.
You should also be aware that the non-submission of all relevant information or the submission of incomplete, false or misleading information within the specified time limits can have unfavourable consequences for your company. In any of these circumstances, the Commission would apply Article 18 of Council Regulation No 1225/2009 and disregard any late response, or any responses which are significantly incomplete, false or misleading to an extent that they would be likely to impede the investigation process.
Where the Commission decides to disregard a reply to a questionnaire it will establish preliminary or final findings on the basis of any other facts available which may include the information set out in the complaint.
All correspondence with the Commission must refer to the Registration Number of the proceeding as shown on page 1.
Some general instructions:
1. Answer questions in the order presented in the questionnaire. Listed information and tables should conform to the requested formats and should be clearly labelled. If you encounter difficulties with this you should contact the case handlers to find an acceptable solution. If there is insufficient space in any Section of the questionnaire to provide the detail asked for, you should attach Annexes indicating clearly to which Sections they relate.
2. All worksheets used in answering the questionnaire, in particular those linking the information supplied with management and accounting records, must be retained for subsequent inspection during the on-the-spot investigation.
3. To facilitate verification, identify sources and specify where the source documents are maintained. During the verification you should be prepared to substantiate all information you submitted. Every part of the response should be able to be traced to regular company documents in the ordinary course of business.
4. All documents and source material submitted in response to this questionnaire must be accompanied by an English translation.
5. It is essential to the investigation that information be submitted electronically in an accessible format. The reply to this questionnaire should be submitted in Word format or equivalent. The questionnaire tables should be submitted in Excel format or equivalent. Supporting documents originally in paper format should be scanned and submitted in PDF or JPG format or equivalent. For more information please read Section G.
A lack of computerised response may be considered as non-co-operation. If you are unable to present the information as requested please contact the case handler without delay.
6. Although the questionnaire is addressed to your company it is understood that all subsidiaries or other related companies are also party to the proceeding. Detailed questions about your corporate structure are included in Section A of the questionnaire.
Your attention is drawn to the fact that in cases:
· where a parent, subsidiary or other related company located in the European Union is involved in the sales or marketing of the product concerned and/or product under investigation to the European Union, a separate questionnaire intended for them (attached as Annex I) has to be completed for each and every related company concerned.
· where a parent, subsidiary or other related company located outside the European Union is involved in the sales of the product concerned or product under investigation domestically or to the European Union or is producing the product concerned or product under investigation this questionnaire has to be completed separately by the company in question.
In case your company does not produce the product concerned or product under investigation or you have any doubts whether or what questionnaire is applicable please consult the Commission Services immediately.
7. For the purpose of replying to this questionnaire you should normally use the amounts as booked in your accounting records. For amounts not booked in your accounting records and where a conversion is needed, the average exchange rates listed in Annex IV to this questionnaire should be used.
8. Identify clearly all units of measurement and currencies used in tables, lists and calculations. Apply the same measurement consistently throughout your questionnaire response.
9. Unless otherwise specified replies should relate to the investigation period as defined on page 1 of this questionnaire.
10. If you intend to have another party acting on your behalf e.g. a law firm or an accountancy firm, please ensure that the European Commission receives an original power of attorney.
SECTION A - GENERAL INFORMATION
A - 1 Identity of the company
Supply the following details of your company:
Name:
Address:
Telephone:
Fax:
Web address:
and indicate the names of the persons to contact and their functions within the company:
Contact person:
Function:
Telephone:
E-mail:
A - 2 Legal representative
If you have appointed a legal representative to assist you in this proceeding please provide the following details for each of them:
Name:
Address:
Telephone:
Fax:
E-mail of contact person:
Please submit a duly singed original of the power of attorney.
A - 3 Corporate information
1. State the legal form of your company.
2. Please indicate the address of all your production facilities. If located at different sites, please describe the major characteristics of each location.
3. Give a brief history of your company (e.g. date of formation, country of registration, etc.)
4. List each shareholder in your company who owned more than 5% of the shares during the period of reporting, and list the activities of these shareholders in the following table:
Name of shareholder / Percentage of shareholding / Activity of shareholder5. Supply a diagram outlining the internal hierarchical and organisational structure of your company. The diagram should show all units involved in the production, sales and distribution of the product concerned or product under investigation (please see Section B) in both the domestic and export markets.
Please specify the reference of the attached diagram:
6. Provide a list of all products produced and/or sold by your company. If the products fall into distinct product groups indicate these groups.
7. Outline your company's world-wide corporate structure and affiliations, including parent companies, subsidiaries or other related companies. For this purpose you may supply a chart.
Please specify the reference of the attached chart:
8. Provide, for all countries, the names and addresses, telephone and facsimile numbers of all subsidiaries or other related companies that are involved with the product concerned or the product under investigation. Specify the activities of each related company. In addition, please identify all related companies that supply you with inputs used in the manufacture of the product under investigation or on whose behalf you sell the product under investigation. Specify what percentage share-holding your company owns in each of these entities and what percentage of share-holding each of these entities owns in your company. For this purpose please use the following table:
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Name,address,
telephone,
and fax
of related company / Please tick if involved with product concerned or product under investigation
/ List activities / Please tick if manufacturer of product concerned or PUI
/ Please tick if supplier for manufacturing of product concerned or PUI
/ Percentage of share-holding in related company / Percentage of share-holding of related company in your company
9. In all cases, please describe the nature of your relationship. State whether you share any board members or senior executives with any of those entities. If so, identify these persons and the nature of their mutual affiliations. Attach copies of any arrangements between the parties.
10. Specify in detail any financial or contractual links and joint ventures with any other company concerning production, sales, licensing, technical and patent agreements for the product concerned or product under investigation.
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A - 4 General accounting information
1. Indicate your normal corporate financial accounting period ('financial year'). If any changes have occurred with respect to this period or with respect to any other accounting practices over the last three financial years, please explain these changes in detail and supply supporting documents.