欧盟市场经济地位调查问卷

FORM FOR PRODUCERS CLAIMING MARKET ECONOMY STATUS
AND/OR INDIVIDUAL TREATMENT IN ANTI-DUMPING PROCEEDINGS

Statutory reference: Council Regulation (EC) No 384/96, as last amended by Council Regulation No 461/2004 (hereinafter ‘the basic Regulation’)

THIS INVESTIGATION IS SUBJECT TO MANDATORY DEADLINES. ANY REPLY NOT RECEIVED WITHIN TIME LIMIT SET for this purpose BY THE EUROPEAN COMMISSION MAY BE DISREGARDED.

？ The purpose of this document is to list the information required from exporting producers of the product concerned which wish to request market economy status and/or individual treatment in this anti-dumping proceeding. An exporting producer is the legal entity manufacturing the product concerned in the countries concerned and selling it for export. All documents submitted should be provided together with a translation in English. The information should relate to the IP. Please note that this form sets out minimum information requirements and companies can submit all supplementary evidence they deem useful for the determination of their status.

？ Market economy treatment will be granted to those exporting producers which submit a duly completed claim form and can demonstrate that they meet the conditions defined in Article 2(7)(c) of the basic Regulation.

To the extent that market conditions prevail, this treatment may lead to the application of domestic prices and costs from the exporting producer in question where analogue third country data would otherwise have been used. Without prejudice to the provisions of Articles 9(6) and 17 (sampling) of the basic Regulation, the market economy treatment also implies that, in the event of anti-dumping measures being imposed, the company would be subject to its own individual duty rate, if any, instead of the single country wide duty rate, i.e. it would automatically be deemed to be eligible for individual treatment.

？ Individual treatment shall be granted where an exporting producer can demonstrate on the basis of a properly substantiated claim that it meets the conditions defined in Article 9(5) of the basic Regulation. In this context, emphasis will be put on whether the export activities (in terms of export prices and quantities) are totally free from State intervention and thus that there is no risk of circumvention of any anti-dumping measures by the exporting producer requesting individual treatment.

Without prejudice to the provisions of Articles 9(6) and 17 (sampling) of the basic Regulation, the granting of individual treatment on export sales means the determination of an individual dumping/injury margin for an exporting producer, which applies as an exception from the single country-wide dumping/injury margin. An exporting producer receiving individual treatment on its export sales would, in the event of anti-dumping measures being imposed, be subject to its own individual duty-rate, if any, instead of the country-wide duty.

For companies receiving individual treatment but not market economy status, normal value will be established on the basis of information obtained in the analogue country which will then be compared with the exporting producer’s own export prices to the European Community.

？ Please specify, by ticking the appropriate box, what type of treatment your company requests:

[ ] Market economy treatment, on the understanding that should the investigation reveal that your company does not meet the conditions set then individual treatment is requested instead.

If your company only requests individual treatment, it only has to reply to the questions marked with an asterisk (*). If your company requests market economy treatment, all questions should be replied to.

？ Unless otherwise specified, all sales prices and values, should be expressed in the currency in which your accounts are kept. Replies should relate to the investigation period (IP) as defined on page 1 of this claim form. All references to the IP regard this period. Should you have any questions or difficulties regarding this claim form or this proceeding in general, please do not hesitate to contact any of the officials in charge listed on the cover page.

？ If you do not wish to request either form of treatment, there is no need to complete this claim form.

？ In cases where a subsidiary or other related company in the countries concerned is a producer and/or exporter of the product concerned this market economy status claim form has to be completed separately by the company in question.

？ For the purpose of completing this claim as mentioned above, natural persons or legal persons (i.e. companies) should be deemed to be related if:

(d) any persons directly or indirectly owns, controls or holds 5% or more of the outstanding voting stock or shares of both of them;

？ Your reply to this claim form for market economy status / individual treatment may be subject to verification. Therefore, you are requested to keep all supporting documents and all working documents used for the preparation of your reply available for inspection.

？ Both a confidential version to be marked as “Limited” and a non-confidential version to be marked as “Version for Inspection by Interested Parties” of this claim form should be completed.

Þ Interested parties providing confidential information shall be required to furnish "for inspection by interested parties summaries thereof. Those summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. In exceptional circumstances, such parties may indicate that such information is not susceptible of summary. In such exceptional circumstances, a statement of the reasons why summarisation is not possible must be provided.

Þ 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, such information may be disregarded.

？ It should be noted that in cases in which any interested party refuses access to, or otherwise does not provide, necessary information within the time limits, or significantly impedes the investigation or has supplied false or misleading information, the claims for market economy treatment and/or individual treatment may be rejected.

？ The European Community (EC) comprises the following countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungry, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and United Kingdom.

I General information

and indicate the names of the people to contact and their functions within the company.

Indicate also the address where the accounting records of the company are located. If they are maintained in different locations please indicate which records are kept at which location.

If you have appointed a legal representative, an accounting firm or any other consultant to assist you in this proceeding, please provide the following details for each of them:

The product under investigation is stainless steel fasteners and parts thereof, i.e. bolts, nuts and screws of stainless steel which are used to mechanically join two or more elements originating, inter alia, in the People's Republic of China and Vietnam (‘the product concerned’), normally declared within CN codes 7318.12.10, 7318.14.10, 7318.15.30, 7318.15.51, 7318.15.61, 7318.15.70 and 7318.16.30. These CN codes are only given for information, and have no binding affect on the classification of the product.

Any reference to product concerned in this claim form refers to the above product description.

For companies located in the countries concerned please state whether your company is :

If the legal form of your company has changed over the last five years, please list also the previous legal form(s) it had during those years.

*2. Supply a diagram outlining the overall internal hierarchical and organisational structure of your company. A detailed diagram should show all units involved in the production, sales and distribution of the product concerned in both the domestic and export markets.

*3. Provide details of your company's world-wide corporate structure and affiliations, including parent companies, subsidiaries or other companies related directly or indirectly to your company. Please supply a chart for this purpose. List also the activities of all companies either involved or not in the production or commercialisation of the product concerned and supply the business license or any other official document showing the activities of these companies.

*4. Provide the names and addresses, telephone, facsimile numbers and e-mail addresses of all subsidiaries or other related companies in all countries that are involved in the production or commercialisation of the product concerned. Specify the activities of each of those related companies. In all cases, 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.

*5. List each shareholder in your company who owned at least 5% of the shares or of the value of the company during the IP, and list the activities of these shareholders in a table with the following format:

Under the heading of "Other notes on shareholder", please state whether it is a private person, a company, the State or a local/regional authority. In addition:

？ if it is a private person, state whether this person has Chinese/Vietnamese nationality or any other nationality (-ies);

？ if it is a company, state whether it is a Chinese/Vietnamese company, a foreign-owned company, or a joint-venture with a foreign-owned company;

？ if it is a Chinese/Vietnamese company, state whether it is a privately owned company, a State-owned company or a company owned by local/regional authorities. If it is a company part-owned by the State or local/regional authorities, specify to what extent State or local/regional authorities are involved;

*6. Please attach a copy of the original Articles of Association and of the Memorandum of Association together with copies of all their subsequent amendments to date (together with an English translation).

*7. List all members of the Board of Directors and of the Board of Shareholders. For each of the members, please state who they represent, what their function is and what their voting rights are. Please indicate if State officials appear in the list of the Board of Directors or hold key management positions.

If any of the shareholders or directors of the company is of Chinese/Vietnamese nationality, please specify the quorum and what majority is required for taking decisions in Shareholders’ meetings and in meetings of the Board of Directors. Are these rules set out in the Articles of Association or other documents? Please attach a copy of such documents (together with an English translation) if not already provided under I.D.6.

*8. Please specify and give the references of the following laws to the extent they are applicable to your company :

A. Raw materials and other cost components for the production of the product concerned

*1. Please explain the production process of the product concerned in detail. Explain in particular which of the raw materials you produce yourself and which of them are purchased from a third party. Indicate as well what is the proportion of purchased materials in relation to the total cost of the finished product.

*2. Please explain how the raw materials and other relevant inputs for manufacturing the product concerned are procured (short or long term contracts, spot market, number of suppliers for the various raw materials, purchased locally or abroad, etc.). Please indicate clearly the origin of these raw materials used in the production of the product concerned during the IP.

3. For the raw materials and other inputs/cost components used in the production please state:

i) the name and address of supplier. Please state whether the supplier is a private person, a company (related or not), the State or a local/regional authority. Indicate clearly whether they have been imported or purchased locally:

？ if it is a private person, state whether this person has Chinese/Vietnamese nationality or any other nationality;

？ if it is a company, state whether it is a Chinese/Vietnamese company, a foreign-owned company or a joint-venture with a foreign-owned company; state whether it is related;

？ if it is a Chinese/Vietnamese company, whether it is a privately owned company, a State-owned company or a company owned by local/regional authorities. If it is a company part-owned by the State or local/regional authorities, specify to what extent State or local/regional authorities are involved;

*ii) whether there are any restrictions or conditions, either direct or indirect, on imports of raw materials and/or other inputs you use. If so, please describe them. Provide a copy of the documents (together with an English translation) in which those restrictions or conditions are set out and indicate the relevant provisions.

4. Please provide information about the average value of the following raw materials used in the manufacturing of the product concerned during the IP in the format described in the table below:

Please note that the values in the tables should be reported in the currency in which the accounts are kept.

5. Please provide information about the average value of the energy and any other main cost component (i.e. any other item representing more than 10% of the cost of production) used in the manufacturing of the product concerned during the IP in the format described in the table below:

Please specify the unit you have used in the column ‘Quantity’ in the tables. Note also that the values in the tables should be reported in the currency in which the accounts are kept.

1. Specify contractual links, including joint ventures, with any other company, authority or with the government (national, regional or local) concerning R&D, production, sales, licensing, technical and patent agreements for the product concerned. Please attach copies of the agreements accompanied by an English translation.

2. Please provide a list of any royalties or other payments you make in respect of any of the above, and state their amount.

*3. List and explain clearly all authorisations your company needs in order to produce, to sell in the countries concerned or to export the product concerned. Is your company subject to any direct or indirect quantitative or other restriction for any of these activities?

*4. Supply a copy of your business licence, your registration act and relevant permits and any amendments to these documents in the last five years (together with English translations). Please describe under what circumstances such a licence and/or registration can be withdrawn.

5. Please describe the bankruptcy and property laws applying to your company. Describe any special derogation or exemption you or the business sector you operate in have from these laws.

*6. State whether your company is subject to any restrictions on the distribution/repatriation of profits and repatriation of capital invested. If so, please provide details. Provide a copy of the documents (together with and English translation) in which those restrictions are set out and indicate the relevant provisions.

1. Please describe how labour is organised for production purposes. How many skilled workers, unskilled workers, managers etc. are employed? What is the average wage paid to each of these categories in the IP?

2. Please explain how company employees are remunerated (i.e. indicate in detail all elements of remuneration including salary, overtime pay, company car, holiday allowance etc.). What is the frequency of the remuneration ? Which legal entity is the final payer? Do your employees or their families benefit from other advantages such as housing, medical care, pension, education, etc.? Please specify. If you employ foreign staff, please give separate answers to the questions in this paragraph for them, and explain where the final payer is located.

3. Describe in detail the procedure for hiring or dismissing employees. Indicate who is responsible for the final decision.

1. Please provide monthly production figures of the product concerned in volume for the IP. Please specify the unit measurement (tons, kg unit or other) used.

*2. If your company is a foreign owned company please give the total production in volume per product of the main products produced by your company during the IP. Please specify the unit measurement (tons, kg, unit or other) used.

1. Please provide monthly average domestic sales prices (specify currency) for the product concerned and monthly domestic sales quantities (specify unit) for the IP.

Please give the total sales in volume per product of all products sold by your company on the domestic market during the IP (specify unit measurement).

2. Please provide domestic price lists for the product concerned used by your company for the IP.

Explain any local/regional authority or State involvement in setting prices, quantities, conditions and terms. Provide a copy of the documents (together with an English translation) in which such involvements are set out and indicate the relevant provisions. If there is no state involvement in setting prices, quantities, conditions and terms, explain the decision making process followed by your company in that respect.

*3. Please provide monthly average export sales prices (specify currency) for the product concerned and monthly export sales quantities for the IP.

*4. Please provide export price lists for the product concerned used by your company for the IP.

*5. Please explain (e.g. by using a diagram) how the product concerned is sold for export to the European Community and describe the physical (inputs and products) and financial (e.g. invoices and payments) flows involved.

*6. Please provide a listing of all export sales to the European Community (either direct or via a third country), for the four most sold product types and for the months of May and June 2004. The listing should give information on the following: invoice number, quantity, invoice amount, product type, and name of customer.

2. Which accounting documentation has to be registered for official purposes each year? Which authorities are involved in the official registration of these documents?

3. Please attach the complete financial statements (balance sheet, profit and loss statement, supporting schedules, notes to the financial statements and auditor’s opinion) for the last two financial years, both in the original language version and an English translation. Please provide the name and address of your auditors (if any).

If the financial statements of your company have not been audited, please explain why this is the case. Is there any legal requirement that accounts should be audited in full or in part?