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            COUNCIL REGULATION (EC) No 2053/2004

of 22 November 2004         

extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People's Republic of China to imports of tube or pipe fittings, of iron or steel, consigned from Sri Lanka, whether declared as originating in Sri Lanka 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)   Sri Lanka

(b)   PRC

2.   Product concerned and like product

3.   Change in the pattern of trade

4.   Insufficient due cause or economic justification

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

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

C.   MEASURES

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on imports of tube or pipe fittings (other than cast fittings, flanges and threaded fittings) of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, falling within CN codes ex 7307 93 11 (TARIC code 7307931199), ex 7307 93 19 (TARIC code 7307931999), ex 7307 99 30 (TARIC code 7307993098) and ex 7307 99 90 (TARIC code 7307999098) and originating in the People's Republic of China is hereby extended to imports of tube or pipe fittings (other than cast fittings, flanges and threaded fittings) of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, currently classifiable within CN codes ex 7307 93 11 (TARIC code 7307931194), ex 7307 93 19 (TARIC code 7307931994), ex 7307 99 30 (TARIC code 7307993094) and ex 7307 99 90 (TARIC code 7307999094) consigned from Sri Lanka, whether declared as originating in Sri Lanka or not.

2.   The duty extended by paragraph 1 shall be collected on imports registered in accordance with Article 2 of Regulation (EC) No 395/2004 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

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

Article 2

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 which are shown not to circumvent the anti-dumping duty imposed by Regulation (EC) No 964/2003 from the duty extended by Article 1 of this Regulation.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 2 of Regulation (EC) No 395/2004.

Article 4

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 November 2004.

For the Council

The President

B. R. BOT            

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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 139, 6.6.2003, p. 1. Regulation as last amended by Regulation (EC) No 1496/2004 (OJ L 275, 25.8.2004, p. 1).

(3)OJ L 65, 3.3.2004, p. 7.

(4)OJ L 84, 3.4.1996, p. 1. Regulation as last amended by Regulation (EC) No 778/2003 (OJ L 114, 8.5.2003, p. 1).

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