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"B COMMISSION DECISION
of 1 March 1996
accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of
certain tube or pipe fittings, of iron or steel, originating in the People’s Republic of China, Croatia and
Thailand
(96/252/EC)
(OJ L 84, 3.4.1996, p. 46)
Amended by:
Official Journal
No page date
"M1 Commission Decision 2000/453/EC of 11 July 2000 L 182 25 21.7.20001996D0252 — EN — 22.07.2000 — 001.001 — 1
COMMISSION DECISION
of 1 March 1996
accepting undertakings offered in connection with the anti-dumping
proceeding concerning imports of certain tube or pipe fittings, of iron or
steel, originating in the People’s Republic of China, Croatia and Thailand
(96/252/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994
on protection against dumped imports from countries not members of theEuropean Community (
1), as last amended by Regulation (EC) No 1251/95 (2),
and in particular Article 23 thereof,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on
protection against dumped or subsidized imports from countries not members
of the European Economic Community (3), as last amended by Regulation
(EC) No 522/94 (4), and in particular Article 10 thereof,
After consulting the Advisory Committee,
Whereas:
(1) The Commission, by Regulation (EC) No 2318/95 (5), imposed a
provisional anti-dumping duty on imports into the Community ofcertain tube or pipe fittings, of iron or steel, originating in the People’sRepublic of China, Croatia and Thailand. By Regulation (EC)
No 149/96 (
6), the Council extended the validity of this duty for two
months.
(2) In the subsequent procedure, it was established that definitive
anti-dumping measures should be adopted in order to eliminate
injurious dumping. The findings and conclusions on all aspects of theinvestigation are set out in Council Regulation (EC) No 584/96 (
7).
(3) Having been informed of those conclusions, the Croatian exporter and
the three Thai exporters which had cooperated in the investigation,offered undertakings pursuant to Article 10 (2) (b) of Regulation(EEC) No 2423/88.
(4) After a careful examination, and taking into account the particular
characteristics of the imports under consideration, the Commission
considered that the undertakings offered would eliminate the injurious
effects caused by the dumped imports and would be an appropriateremedy in the present case. In addition, since the Croatian and Thaiexporters concerned have undertaken to submit detailed and regular
sales information to the Commission and since exports from those
countries have been made through a limited number of purchasers inthe Community, it has been concluded that the proper observance ofthe undertakings can be effectively monitored by the Commission.
(5) Under these circumstances, the Commission considers that the
undertakings offered are acceptable, and the investigation can,therefore, be terminated with respect to the exporters in question
without the imposition of definitive anti-dumping duties.
(6) The producers and exporters concerned were informed of the essential
facts and considerations on the basis of which the definitive
anti-dumping measures were proposed and have had the opportunityto comment on all aspects of the investigation. Accordingly, should theundertaking be withdrawn or should the Commission have reason to
believe that the undertaking has been infringed, it may, where the
interests of the Community so require and in accordance with Article10 (6) of Regulation (EEC) No 2423/88, impose provisional duties!B
(1) OJ No L 349, 31. 12. 1994, p. 1.
(2) OJ No L 122, 2. 6. 1995, p. 1.
(3) OJ No L 209, 2. 8. 1988, p. 1.
(4) OJ No L 66, 10. 3. 1994, p. 10.
(5) OJ No L 234, 3. 10. 1995, p. 4.
(6) OJ No L 23, 30. 1. 1996, p. 1.
(7) See page 1 of this Official Journal.1996D0252 — EN — 22.07.2000 — 001.001 — 2
forthwith on the basis of the results and conclusions of the
investigation set out in Regulation (EC) No 584/96. Subsequently,definitive duties could also be imposed by the Council on the basis ofthe facts established in that investigation.
(7) When the Advisory Committee was consulted on the acceptance of the
undertakings offered, some objections were raised. Therefore, in
accordance with Articles 9 and 10 (1) of Regulation (EEC)
No 2423/88, the Commission sent a report to the Council on theresults of the consultations and a proposal that the investigation be
terminated by the acceptance of undertakings. As the Council, in
accordance with the said Articles 9 and 10 (1), has not decidedotherwise, the Commission is authorized to adopt this Decision.
(8) The Community industry concerned was informed of the main facts
and considerations on the basis of which the Commission intended toaccept the undertakings; it did not object,
HAS DECIDED AS FOLLOWS:
Article 1
The undertakings offered by:
(a) Croatia:
— Zeljezara Sisak, Zagreb,
(b) Thailand:
— Awaji Sangyo (Thailand) Co. Ltd, Samutprakarn,
— TTU Industrial Corp. Ltd, Bangkok,
in connection with the anti-dumping proceeding concerning imports of tube
or pipe fittings (other than cast fittings, flanges and threaded fittings), of ironor steel (not including stainless steel), with a greatest external diameter notexceeding 609,6 mm, of a kind used for butt-welding or other purposes,
originating inter alia in Croatia and Thailand and falling within CN codes
ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90, are herebyaccepted.
This acceptance shall take effect on the date of entry into force of Regulation
(EC) No 584/96.
Article 2
The investigation in connection with the anti-dumping proceeding referred to
in Article 1 is hereby terminated with regard to the companies named in that
Article.!B
!M1
!B1996D0252 — EN — 22.07.2000 — 001.001 — 3