# Commission Regulation (EU) No 638/2013Show full title

Commission Regulation (EU) No 638/2013 of 2 July 2013 terminating the investigation concerning 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         

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U.K.

# Commission Regulation (EU) No 638/2013                     

# of 2 July 2013

# terminating the investigation concerning 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                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries                           not members of the European Community(1) (‘the basic Regulation’), and in particular Article 9(2) and 13(3) thereof,                        

After having consulted the Advisory Committee,

Whereas:

1.**PROCEDURE**(1)By Regulation (EC) No 925/2009(2), the Council imposed a definitive anti-dumping duty on imports of certain aluminium foil originating, inter alia, in the                                 People’s Republic of China (‘the PRC’) (‘the existing measures’).(2)On 24 September 2012, the European Commission (‘the Commission’) received a request pursuant to Article 13(3) and 14(5) of                                 the basic Regulation to investigate the possible circumvention of the existing measures and to make imports of aluminium foil                                 of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls                                 which are not 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 the People’s Republic of China (‘the product under investigation’) subject                                 to registration.(3)The request was lodged by Symetal SA, Eurofoil Luxembourg SA, Alcomet and Hydro Aluminium Rolled Products GmbH, four Union                                 producers of aluminium foil.(4)The request contained *prima facie* evidence that the existing measures are being circumvented by means of imports of the product under investigation and its                                 subsequent conversion into aluminum foil in rolls of a width not exceeding 650 mm, being the product subject to the existing                                 measures.(5)Pursuant to Article 13(3) and Article 14(5) of the basic Regulation, the Commission, after consultation of the Advisory Committee,                                 by Regulation (EU) No 973/2012(3) initiated an investigation and directed the customs authorities to register imports of the product under investigation.(6)Questionnaires were sent to nine exporting producers and to the authorities in the PRC. Neither the exporting producers nor                                 the authorities in the PRC came forward and submitted a questionnaire reply. Questionnaires were also sent to sixteen importers                                 in the Union. Only one importer came forward but did not submit a questionnaire reply.

2.**WITHDRAWAL OF THE REQUEST AND TERMINATION OF THE INVESTIGATION**(7)By letters of 3 and 4 April 2013 to the Commission, the four Union producers formally withdrew their request to investigate                                 the possible circumvention of the existing measures.(8)Under Article 9(1) and Article 13(3) of the basic Regulation, the investigation may be terminated where the request is withdrawn,                                 unless such termination would not be in the Union interest.(9)The Commission considered that the present investigation should be terminated since the investigation had not brought to light                                 any considerations showing that such termination would not be in the Union interest. Interested parties were informed accordingly                                 and were given the opportunity to comment. No comments were received indicating that such termination would not be in the                                 Union interest.(10)The Commission therefore concludes that the investigation concerning the possible circumvention of anti-dumping measures imposed                                 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 should be terminated.(11)The registration of imports of the product under investigation introduced by Regulation (EU) No 973/2012 should therefore                                 be discontinued and Regulation (EU) No 973/2012 be repealed,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The investigation initiated by Regulation (EU) No 973/2012 concerning the possible circumvention of anti-dumping measures                     imposed by Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People’s Republic of China                     by imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further                     worked than rolled, in rolls which are not 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 the People’s Republic of China, is hereby                     terminated.                  

# Article 2U.K.

Customs authorities shall discontinue the registration of imports established in accordance to Article 2 of Regulation (EU)                     No 973/2012.                  

# Article 3U.K.

Regulation (EU) No 973/2012 is hereby repealed.

# Article 4U.K.

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, 2 July 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

1

OJ L 343, 22.12.2009, p. 51.                           

2

OJ L 262, 6.10.2009, p. 1.                           

3

OJ L 293, 23.10.2012, p. 28.