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            COUNCIL REGULATION (EC) No 2272/2004

of 22 December 2004         

extending the definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on imports of coumarin originating in the People's Republic of China to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’, and in particular Article 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Existing measures

2.   Request

3.   Initiation

4.   Investigation

5.   Investigation period

B.   RESULTS OF THE INVESTIGATION

1.   General considerations/degree of cooperation

(a)   Thailand

(b)   India

(c)   PRC

2.   Product concerned and like product

3.   Change in the pattern of trade

Thailand

India

(a)   Cooperating exporting producer in India

(b)   Non-cooperating companies

(c)   Conclusion for India

4.   Insufficient due cause or economic justification

Thailand

India

5.   Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like products

Thailand

India

6.   Evidence of dumping in relation to the normal value previously established for like or similar products

Thailand

India

(a)   Cooperating exporting producer

(b)   Non-cooperating companies

C.   MEASURES

D.   REQUEST FOR EXEMPTION FROM REGISTRATION OR EXTENSION OF THE DUTY

E.   UNDERTAKING

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on imports of coumarin, falling within CN code ex 2932 21 00 originating in the People's Republic of China is hereby extended to imports of coumarin, falling within CN code ex 2932 21 00 consigned from India or Thailand, whether declared as originating in India or Thailand or not (TARIC codes 2932210011 and 2932210015).

2.   The duty extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Commission Regulation (EC) No 661/2004 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96, with the exception of the goods exported by Atlas Fine Chemicals Pvt Ltd., Debhanu Mansion, Nasik-Pune Highway, Nasik Road, MS 422 101, India, (TARIC additional code A579).

3.   Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.

4.   The provisions in force concerning customs duties shall apply.

Article 2

1.   Imports declared for release into free circulation shall be exempt from the anti-dumping duty imposed by Article 1 provided that they are produced by companies from which undertakings are accepted by the Commission and whose names are listed in the relevant Commission Decision, as from time to time amended and have been imported in conformity with that Decision.

2.   Imports referred to in paragraph 1 shall be exempt from the anti-dumping duty on condition that:

Article 3

1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

2.   The Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which made such a request from the duty extended by Article 1(1).

Article 4

Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Commission Regulation (EC) No 661/2004.

Article 5

This Regulation shall enter into force on the day following that 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 December 2004.

For the Council

The President

C. VEERMAN            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 123, 9.5.2002, p. 1. Regulation as last amended by Regulation (EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1).

(3)OJ L 104, 8.4.2004, p. 99.

(4)OJ L 86, 4.4.1996, p. 1.

(5)  For reasons of confidentiality, data in this paragraph have been indexed.

(6)  Covering the period from 1 April of one year to 31 March of the following year.

(7)  Ranges given for confidentiality reasons.

(8)  For reasons of confidentiality, precise data are not given.

(9)  Ranges given for confidentiality reasons.

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ANNEX

The following information shall be indicated on the commercial invoice accompanying the company's sales of coumarin to the Community which are subject to the Undertaking:

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