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"B COUNCIL REGULATION (EC) No 1592/2000
of 17 July 2000
amending Regulation (EC) No 584/96 with regard to the imposition of anti-dumping measures applicable to certain tube
and pipe fittings, of iron or steel, originating in the People’s Republic of China, Croatia and Thailand
(OJ L 182, 21.7.2000, p. 1)
Corrected by:
"C1 Corrigendum, OJ L 263, 18.10.2000, p. 36 (1592/2000)2000R1592 — EN — 22.07.2000 — 000.001 — 1
COUNCIL REGULATION (EC) No 1592/2000
of 17 July 2000
amending Regulation (EC) No 584/96 with regard to the imposition of
anti-dumping measures applicable to certain tube and pipe fittings, of
iron or steel, originating in the People’s Republic of China, Croatia and
Thailand
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), and in particular Article 9 and Article 11 thereof,
Having regard to the proposal submitted by the Commission after consulting
the Advisory Committee,
Whereas:
A. PROCEDURE
1.Previous investigation
(1) Anti-dumping measures were imposed on imports of certain tube or
pipe fittings of iron or steel, originating in the People’s Republic of
China, Croatia and Thailand by Regulation (EC) No 584/96 (2), with
the exception of imports from certain Thai and Croatian producersincluding the applicant in this case from which undertakings were
accepted by Commission Decision 96/252/EC (
3).
2.Present investigation
2.1. Request for review
(2) On 24 February 1999, Thai Benkan Co. Ltd, a Thai exporting producer
of the product concerned (hereinafter referred to as ‘the applicant’)
and its related importer BKL Fittings Ltd, lodged a request for an
interim review of the anti-dumping measures (i.e. undertaking)applicable to them. This was limited in scope to the examination ofdumping, pursuant to Article 11(3) of Regulation (EC) No 384/96
(hereinafter referred to as ‘the Basic Regulation’). In the request it was
alleged that circumstances had changed to an extent that dumping wasno longer taking place and that therefore the measures, insofar as they
apply to the applicant, should be repealed.
(3) Having determined, after consultation within the Advisory Committee,
that sufficient evidence existed for the initiation of an interim review,the Commission published a notice of initiation (
4) and commenced an
investigation.
2.2. Parties concerned by the investigation
(4) The Commission officially advised the representatives of the exporting
country of the initiation of the interim review and gave all the parties
directly concerned the opportunity to make their views known in
writing and to request a hearing.
(5) The Commission sent questionnaires and received detailed information
from the Thai exporting producer concerned as well as from its relatedparties.
(6) The Commission sought and verified all information they deemed
necessary for the purposes of a determination of dumping and carried
out investigations at the premises of the following companies:!B
(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98
(OJ L 128, 30.4.1998, p. 18).
(2) OJ L 84, 3.4.1996, p. 1.
(3) OJ L 84, 3.4.1996, p. 46.
(4) OJ C 208, 22.7.1999, p. 19.2000R1592 — EN — 22.07.2000 — 000.001 — 2
— Thai Benkan Co. Ltd, Samutprakarn, Thailand
— Benkan Corporation, Tokyo, Japan.
2.3. Period of investigation
(7) The period of investigation of dumping covered the period from 1 July
1998 to 30 June 1999 (hereinafter referred to as ‘IP’).
B. PRODUCT UNDER CONSIDERATION AND LIKE PRO-
DUCT
1.Product description
(8) The product under consideration is, as defined in the original
investigation, tube or pipe fittings (other than cast fittings, flangesand 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, originating in Thailand and
currently classifiable within CN codes ex 7307 93 11 (TARIC code7307 93 11*90), ex 7307 93 19 (TARIC code 7307 93 19*90),
ex 7307 99 30 (TARIC code 7307 99 30*91) and ex 7307 99 90
(TARIC code 7307 99 90*91).
2.Like product
(9) As in the previous investigation, this investigation has shown that the
tube or pipe fittings, of iron and steel, produced in Thailand by Thai
Benkan Co. Ltd, those sold on that market and those exported by the
Thai exporting producer to the Community have the same basicphysical and chemical characteristics and have the same uses, and thattherefore, are to be considered a like product within the meaning of
Article 1(4) of the Basic Regulation.
C. DUMPING CALCULATION
1.Normal value
(10) As far as the determination of normal value is concerned, the
Commission services first established whether this exporting pro-ducer’ s total domestic sales of the product concerned were represen-
tative in comparison with its total export sales to the Community. In
accordance with Article 2(2) of the Basic Regulation, domestic saleswere considered representative when the total domestic sales volumeof the exporting producer was at least 5 % of its total export sales
volume to the Community.
(11) For each of the types sold by the exporting producer on its domestic
market and found to be directly comparable to the types sold for exportto the Community, it was examined whether domestic sales were
sufficiently representative for the purposes of Article 2(2) of the Basic
Regulation. This was considered to be the case when, during the IP , thetotal domestic sales volume of a type represented 5 % or more of thetotal sales volume of the same type exported to the Community.
(12) On this basis, it was found that domestic sales, overall and by type,
were made in sufficient quantities.
(13) An examination was also made as to whether the domestic sales of
each type could be regarded as having been made in the ordinary
course of trade, by establishing the proportion of profitable sales toindependent customers of the type in question. In cases whereprofitable sales of a type represented 80 % or more of the total
domestic sales volume of that type, normal value was based on a
weighted average price of all domestic sales made during the IP . Incases where the volume of profitable sales of a type represented lessthan 80 % but more than 10 % of the total domestic sales volume of
that type, normal value was based on a weighted average of profitable
sales only.!B2000R1592 — EN — 22.07.2000 — 000.001 — 3
2.Export prices
(14) As all the export sales were made to a related importer, the export price
was constructed pursuant to Article 2(9) of the Basic Regulation,
namely on the basis of the price at which the imported products werefirst resold to an independent buyer in the Community.
(15) Adjustments were made for all costs incurred between importation and
resale and for profits accruing, in order to establish a reliable exportprice. On the basis of the information available, this profit was set at10 %, a level considered reasonable for the product concerned.
3.Comparison
(16) The comparison was made on an ex-factory basis and at the same level
of trade. For the purpose of ensuring a fair comparison, account was
taken, in accordance with Article 2(10) of the Basic Regulation, of
differences in factors which were claimed and demonstrated to affectprices and price comparability, i.e. transport, handling, customs duties,indirect taxes, commission and credit expenses.
4.Dumping margin
(17) The weighted average normal value was compared to the weighted
average export price of all export transactions to the Community, inaccordance with Article 2(11) of the Basic Regulation.
(18) The comparaison as described above showed the existence of no
dumping for Thai Benkan Co. Ltd. In fact, all export prices wereconsiderably higher than the domestic prices, when compared at ex
works level.
D. LASTING NATURE OF CHANGED CIRCUMSTANCES
(19) In accordance with Article 11(3) of the Basic Regulation, the
Commission also examined whether the changed circumstances could
reasonably be said to be of a lasting nature. In this respect, it was foundthat:
— a much higher export price was computed in this investigation as
compared to the previous investigation where estimated data hadto be used. This combined with a general increase in export pricesresulting from a rise in market prices in the Community were
found to constitute very significant changed circumstances;
— the exporting producer’ s output had increased by approximately
50 % as compared to the original investigation period while raw
material costs had fallen significantly. These led to a significant
fall in production costs and a lesser but related fall in domesticprices which again, at least partly, can be considered as a lastingchange;
— the Thai baht has fallen significantly in value and this had reduced
the dumping margin on these imports for the IP . However, therehas been some re-appreciation of the currency since which
indicated that the currency movement may not prove lasting.
E.CONCLUSION
(20) The investigation of dumping for the IP has found dumping to have
stopped for a number of reasons, including a fall in normal values and
an increase in export prices and some of these changes are consideredto be of a lasting nature. This is particularly the case in respect of there-calculation of the export price using actual data and to a degree the
fall in normal value, changes which on their own result in no dumping.
F.REPEAL OF MEASURES
(21) In view of the findings of no dumping as well as the lasting nature of
changed circumstances, measures imposed by Council Regulation
(EC) No 584/96 on exports of the Thai company Thai Benkan Co. Ltd,
— from which an undertaking was accepted by Commission Decision!B2000R1592 — EN — 22.07.2000 — 000.001 — 4
96/252/EC — should be repealed by amending that Regulation
accordingly.
(22) However, since the repeal of the measures proposed only concerns one
individual exporter, and not Thailand as a whole, the export as a whole,the export Thai Benkan Co. Ltd remains subject to the proceeding andmay be reinvestigated in any subsequent review carried out for
Thailand pursuant to Article 11 of the Basic Regulation.
(23) The Commission informed the Thai company concerned as well as the
other parties concerned of the facts and considerations on the basis of
which it was intended to propose the repeal of the measures. Nocomments were received,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1(2) of Regulation (EC) No 584/96 shall be replaced by the following:
‘The rate of duty applicable to the net, free-at-Community-frontier price,
before duty, shall be as follows:
Rate of dutyTARIC additional
code
People’ s Republic of China 58,6 % —
Croatia 38,4 % 8881Thailand 58,9 % 8851
Except:
Thai Benkan Co. Ltd, Prapadaeng Sa-
mutprakarn0 % A118
with the exception of imports of the products concerned which are
manufactured and sold for export to the Community by the following
companies from which undertakings have been accepted:
— Croatia (TARIC additional code 8880)
—"C1Pleper-Metaflex d.o.o., Novska 3
— Thailand (TARIC additional code 8850)
— Awaji Sangyo (Thailand) Co. Ltd., Samutprakarn
— TTU Industrial Corp. Ltd., Bangkok.’
Article 2
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B2000R1592 — EN — 22.07.2000 — 000.001 — 5