1996R0384 — EN — 12.10.2000 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 384/96
of 22 December 1995
on protection against dumped imports from countries not members of the European Community
(OJ L 56, 6.3.1996, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2331/96 of 2 December 1996 L 317 1 6.12.1996
►M2Council Regulation (EC) No 905/98 of 27 April 1998 L 128 18 30.4.1998
►M3Council Regulation (EC) No 2238/2000 of 9 October 2000 L 257 2 11.10.2000
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COUNCIL REGULATION (EC)No 384/96
of 22 December 1995
on protection against dumped imports from countries not members
of the European Community
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 113 thereof,
Having regard to the Regulations establishing the common organization
of agricultural markets and the Regulations adopted pursuant to Article235 of the Treaty applicable to goods manufactured from agriculturalproducts, and in particular the provisions of those Regulations which
allow for derogation from the general principle that protective measures
at frontiers may be replaced solely by the measures provided for in thoseRegulations,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
(1)Whereas, by Regulation (EC) No 2423/88(3), the Council adopted
common rules for protection against dumped or subsidizedimports from countries which are not members of the EuropeanCommunity;
(2)Whereas those rules were adopted in accordance with existinginternational obligations, in particular those arising from ArticleVI of the General Agreement on Tariffs and Trade (hereinafterreferred to as ‘GATT’), from the Agreement on Implementationof Article VI of the GATT (1979 Anti-Dumping Code) and fromthe Agreement on Interpretation and Application of Articles VI,
XVI and XXIII of the GATT (Code on Subsidies and Counter-
vailing Duties);
(3)Whereas the multilateral trade negotiations concluded in 1994have led to new Agreements on the implementation of Article VIof GATT and it is therefore appropriate to amend the Community
rules in the light of these new Agreements; whereas is it also
desirable, in the light of the different nature of the new rules fordumping and subsidies respectively, to have a separate body ofCommunity rules in each of those two areas; whereas,consequently, the new rules on protection against subsidies and
countervailing duties are contained in a separate Regulation;
(4)Whereas, in applying the rules it is essential, in order to maintain
the balance of rights and obligations which the GATT Agreementestablishes, that the Community take account of how they areinterpreted by the Community's major trading partners;
(5)Whereas the new agreement on dumping, namely, the Agreementon Implementation of Article VI of the General Agreement onTariffs and Trade 1994 (hereinafter referred to as ‘the 1994 Anti-Dumping Agreement’), contains new and detailed rules, relatingin particular to the calculation of dumping, procedures forinitiating and pursuing an investigation, including the establish-
ment and treatment of the facts, the imposition of provisional
measures, the imposition and collection of anti-dumping duties,the duration and review of anti-dumping measures and the publicdisclosure of information relating to anti-dumping investigations;whereas, in view of the extent of the changes and to ensure a
proper and transparent application of the new rules, the language
of the new agreements should be brought into Communitylegislation as far as possible;1996R0384 — EN — 12.10.2000 — 002.001 — 2
(1) OJ No C 319, 30. 11. 1995.
(2) OJ No C 17, 22. 1. 1996.
(3) OJ No L 209, 2. 8. 1988, p. 1, as last amended by Regulation (EC) No 522/94
(OJ No L 66, 10. 3. 1994, p. 10).
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(6)Whereas it is desirable to lay down clear and detailed rules on the
calculation of normal value; whereas in particular such value
should in all cases be based on representative sales in the ordinarycourse of trade in the exporting country; whereas, it is expedientto define the circumstances in which domestic sales may beconsidered to be made at a loss and may be disregarded, and inwhich recourse may be had to remaining sales, or to constructed
normal value, or to sales to a third country; whereas it is also
desirable to provide for a proper allocation of costs, even in start-up situations; whereas it is also appropriate to lay down guidanceas to definition of start-up and the extent and method ofallocation; whereas it is also necessary, when constructing normal
value, to indicate the methodology that is to be applied in
determining the amounts for selling, general and administrativecosts and the profit margin that should be included in such value;
(7)Whereas when determining normal value for non-marketeconomy countries, it appears prudent to set out rules forchoosing the appropriate market-economy third country that is tobe used for such purpose and, where it is not possible to find a
suitable third country, to provide that normal value may be
established on any other reasonable basis;
(8)Whereas it is expedient to define the export price and toenumerate the adjustments which are to be made in those caseswhere a reconstruction of this price from the first open-marketprice is deemed necessary;
(9)Whereas, for the purpose of ensuring a fair comparison betweenexport price and normal value, it is advisable to list the factors
which may affect prices and price comparability and to lay down
specific rules as to when and how the adjustments should bemade, including the fact that any duplication of adjustmentsshould be avoided; whereas it is also necessary to provide thatcomparison may be made using average prices although
individual export prices may be compared to an average normal
value where the former vary by customer, region or time period;
(10)Whereas it is desirable to lay down clear and detailed guidance asto the factors which may be relevant for the determination ofwhether the dumped imports have caused material injury or arethreatening to cause injury; whereas, in demonstrating that thevolume and price levels of the imports concerned are responsible
for injury sustained by a Community industry, attention should be
given to the effect of other factors and in particular prevailingmarket conditions in the Community;
(11)Whereas it is advisable to define the term ‘Community industry’and to provide that parties related to exporters may be excludedfrom such industry and to define the term ‘related’; whereas, it isalso necessary to provide for anti-dumping action to be taken on
behalf of producers in a region of the Community and to lay down
guidelines on the definition of such region;
(12)Whereas it is necessary to lay down who may lodge an anti-dumping complaint, including the extent to which it should besupported by the Community industry, and the information ondumping, injury and causation which such complaint should
contain; whereas it is also expedient to specify the procedures for
the rejection of complaints or the initiation of proceedings;
(13)Whereas it is necessary to lay down the manner in whichinterested parties should be given notice of the information whichthe authorities require, and should have ample opportunity topresent all relevant evidence and to defend their interests;whereas it is also desirable to set out clearly the rules and
procedures to be followed during the investigation, in particular
the rules whereby interested parties are to make themselvesknown, present their views and submit information withinspecified time limits, if such views and information are to betaken into account; whereas it is also appropriate to set out theconditions under which an interested party may have access to,1996R0384 — EN — 12.10.2000 — 002.001 — 3
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and comment on, information presented by other interested
parties; whereas there should also be cooperation between theMember States and the Commission in the collection of
information;
(14)Whereas it is necessary to lay down the conditions under which
provisional duties may be imposed, including the condition thatthey may be imposed no earlier than 60 days from initiation andnot later than nine months thereafter; whereas, for administrative
reasons, it is also necessary to provide that such duties may in all
cases be imposed by the Commission, either directly for a nine-month period or in two stages of six and three months;
(15)Whereas it is necessary to specify procedures for acceptingundertakings which eliminate dumping and injury instead ofimposing provisional or definitive duties; whereas it is also
appropriate to lay down the consequences of breach or withdrawal
of undertakings and that provisional duties may be imposed incases of suspected violation or where further investigation isnecessary to supplement the findings; whereas, in acceptingundertakings, care should be taken that the proposed under-takings, and their enforcement, do not lead to anti-competitive
behaviour;
(16)Whereas it is necessary to provide that the termination of cases
should, irrespective of whether definitive measures are adopted ornot, normally take place within 12 months, and in no case laterthan 15 months, from the initiation of the investigation; whereas
investigations or proceedings should be terminated where the
dumping is de minimis or the injury is negligible, and it isappropriate to define those terms; whereas, where measures are tobe imposed, it is necessary to provide for the termination ofinvestigations and to lay down that measures should be less thanthe margin of dumping if such lesser amount would remove the
injury, as well as to specify the method of calculating the level of
measures in cases of sampling;
(17)Whereas it is necessary to provide for retroactive collection ofprovisional duties if that is deemed appropriate and to define thecircumstances which may trigger the retroactive application ofduties to avoid the undermining of the definitive measures to be
applied; whereas it is also necessary to provide that duties may be
applied retroactively in cases of breach or withdrawal ofundertakings;
(18)Whereas it is necessary to provide that measures are to lapse afterfive years unless a review indicates that they should be
maintained; whereas it is also necessary to provide, in cases
where sufficient evidence is submitted of changed circumstances,for interim reviews or for investigations to determine whetherrefunds of anti-dumping duties are warranted; whereas it is alsoappropriate to lay down that in any recalculation of dumpingwhich necessitates a reconstruction of export prices, duties are not
to be treated as a cost incurred between importation and resale
where the said duty is being reflected in the prices of the productssubject to measures in the Community;
(19)Whereas it is necessary to provide specifically for the reassess-ment of export prices and dumping margins where the duty isbeing absorbed by the exporter through a form of compensatory
arrangement and the measures are not being reflected in the prices
of the products subject to measures in the Community;
(20)Whereas the 1994 Anti-Dumping Agreement does not containprovisions regarding the circumvention of anti-dumpingmeasures, though a separate GATT Ministerial Decision recog-
nizes circumvention as a problem and has referred it to the GATT
Anti-dumping Committee for resolution; whereas given thefailure of the multilateral negotiations so far and pending theoutcome of the referral to the GATT Anti-Dumping Committee, itis necessary to introduce new provisions into Communitylegislation to deal with practices, including mere assembly of1996R0384 — EN — 12.10.2000 — 002.001 — 4
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goods in the Community or a third country, which have as their
main aim the circumvention of anti-dumping measures;
(21)Whereas it is expedient to permit suspension of anti-dumpingmeasures where there is a temporary change in market conditionswhich makes the continued imposition of such measurestemporarily inappropriate;
(22)Whereas it is necessary to provide that imports under investiga-tion may be made subject to registration upon importation inorder to enable measures to be applied subsequently against suchimports;
(23)Whereas in order to ensure proper enforcement of measures, it isnecessary that Member States monitor, and report to theCommission, the import trade of products subject to investigationor subject to measures, and also the amount of duties collectedunder this Regulation;
(24)Whereas it is necessary to provide for consultation of an AdvisoryCommittee at regular and specified stages of the investigation;whereas, the Committee should consist of representatives ofMember States with a representative of the Commission aschairman;
(25)Whereas it is expedient to provide for verification visits to checkinformation submitted on dumping and injury, such visits being,however, conditional on proper replies to questionnaires beingreceived;
(26)Whereas it is essential to provide for sampling in cases where thenumber of parties or transactions is large in order to permitcompletion of investigations within the appointed time limits;
(27)Whereas it is necessary to provide that where parties do not
cooperate satisfactorily other information may be used to
establish findings and that such information may be lessfavourable to the parties than if they had cooperated;
(28)Whereas provision should be made for the treatment ofconfidential information so that business secrets are not divulged;
(29)Whereas it is essential that provision be made for properdisclosure of essential facts and considerations to parties whichqualify for such treatment and that such disclosure be made, withdue regard to the decision-making process in the Community,
within a time period which permits parties to defend their
interests;
(30)Whereas it is prudent to provide for an administrative systemunder which arguments can be presented as to whether measuresare in the Community interest, including the consumers' interest,
and to lay down the time periods within which such information
has to be presented as well as the disclosure rights of the partiesconcerned;
(31)Whereas, by Regulation (EC) No 3283/94 of 22 December 1994
on protection against dumped imports from countries not
members of the European Community(1), the Council repealed
Regulation (EEC) No 2423/88 and instituted a new commonsystem of defence against dumped imports from countries notmembers of the European Community;
(32)Whereas significant errors in the text of Regulation (EC) No3283/94 became apparent on publication;
(33)Whereas, moreover, that Regulation has already been twiceamended;
(34)Whereas, in the interests of clarity, transparency and legalcertainty, that Regulation should therefore be repealed and1996R0384 — EN — 12.10.2000 — 002.001 — 5
(1) OJ No L 349, 31. 12. 1994, p. 1. Regulation as last amended by Regulation
(EC) No 1251/95 (OJ No L 122, 2. 6. 1995, p. 1).
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replaced, without prejudice to the anti-dumping proceedings
already initiated under it or under Regulation (EEC) No 2423/88,
HAS ADOPTED THIS REGULATION:
Article 1
Principles
1. An anti-dumping duty may be applied to any dumped product
whose release for free circulation in the Community causes injury.
2. A product is to be considered as being dumped if its export price to
the Community is less than a comparable price for the like product, inthe ordinary course of trade, as established for the exporting country.
3. The exporting country shall normally be the country of origin.
However, it may be an intermediate country, except where, for example,the products are merely transhipped through that country, or the productsconcerned are not produced in that country, or there is no comparable
price for them in that country.
4. For the purpose of this Regulation, the term ‘like product’ shall be
interpreted to mean a product which is identical, that is to say, alike inall respects, to the product under consideration, or in the absence of sucha product, another product which although not alike in all respects, hascharacteristics closely resembling those of the product under considera-
tion.
Article 2
Determination of dumping
A. NORMAL VALUE
1. The normal value shall normally be based on the prices paid or
payable, in the ordinary course of trade, by independent customers in theexporting country.
However, where the exporter in the exporting country does not produce
or does not sell the like product, the normal value may be established onthe basis of prices of other sellers or producers.
Prices between parties which appear to be associated or to have a
compensatory arrangement with each other may not be considered to be
in the ordinary course of trade and may not be used to establish normalvalue unless it is determined that they are unaffected by the relationship.
2. Sales of the like product intended for domestic consumption shall
normally be used to determine normal value if such sales volumeconstitutes 5 % or more of the sales volume of the product underconsideration to the Community. However, a lower volume of sales may
be used when, for example, the prices charged are considered
representative for the market concerned.
3. When there are no or insufficient sales of the like product in the
ordinary course of trade, or where because of the particular marketsituation such sales do not permit a proper comparison, the normal valueof the like product shall be calculated on the basis of the cost of
production in the country of origin plus a reasonable amount for selling,
general and administrative costs and for profits, or on the basis of theexport prices, in the ordinary course of trade, to an appropriate thirdcountry, provided that those prices are representative.
4. Sales of the like product in the domestic market of the exporting
country, or export sales to a third country, at prices below unit
production costs (fixed and variable) plus selling, general and
administrative costs may be treated as not being in the ordinary courseof trade by reason of price, and may be disregarded in determiningnormal value, only if it is determined that such sales are made within anextended period in substantial quantities, and are at prices which do notprovide for the recovery of all costs within a reasonable period of time.1996R0384 — EN — 12.10.2000 — 002.001 — 6
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If prices which are below costs at the time of sale are above weighted
average costs for the period of investigation, such prices shall beconsidered to provide for recovery of costs within a reasonable period of
time.
The extended period of time shall normally be one year but shall in no
case be less than six months, and sales below unit cost shall beconsidered to be made in substantial quantities within such a period
when it is established that the weighted average selling price is below
the weighted average unit cost, or that the volume of sales below unitcost is not less than 20 % of sales being used to determine normal value.
5. Costs shall normally be calculated on the basis of records kept by
the party under investigation, provided that such records are in
accordance with the generally accepted accounting principles of thecountry concerned and that it is shown that the records reasonablyreflect the costs associated with the production and sale of the productunder consideration.
Consideration shall be given to evidence submitted on the proper
allocation of costs, provided that it is shown that such allocations havebeen historically utilized. In the absence of a more appropriate method,preference shall be given to the allocation of costs on the basis ofturnover. Unless already reflected in the cost allocations under this
subparagraph, costs shall be adjusted appropriately for those non-
recurring items of cost which benefit future and/or current production.
Where the costs for part of the period for cost recovery are affected by
the use of new production facilities requiring substantial additional
investment and by low capacity utilization rates, which are the result of
start-up operations which take place within or during part of theinvestigation period, the average costs for the start-up phase shall bethose applicable, under the abovementioned allocation rules, at the endof such a phase, and shall be included at that level, for the periodconcerned, in the weighted average costs referred to in the second sub-
paragraph of paragraph 4. The length of a start-up phase shall be
determined in relation to the circumstances of the producer or exporterconcerned, but shall not exceed an appropriate initial portion of theperiod for cost recovery. For this adjustment to costs applicable duringthe investigation period, information relating to a start-up phase which
extends beyond that period shall be taken into account where it is
submitted prior to verification visits and within three months of theinitiation of the investigation.
6. The amounts for selling, for general and administrative costs and
for profits shall be based on actual data pertaining to production and
sales, in the ordinary course of trade, of the like product, by the exporter
or producer under investigation. When such amounts cannot bedetermined on this basis, the amounts may be determined on the basisof:
(a) the weighted average of the actual amounts determined for other
exporters or producers subject to investigation in respect ofproduction and sales of the like product in the domestic market ofthe country of origin;
(b) the actual amounts applicable to production and sales, in the
ordinary course of trade, of the same general category of productsfor the exporter or producer in question in the domestic market ofthe country of origin;
(c) any other reasonable method, provided that the amount for profit so
established shall not exceed the profit normally realized by other
exporters or producers on sales of products of the same general
category in the domestic market of the country of origin.
7. (a) In the case of imports from non-market economy countries
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M3(1)◄, normal value shall be determined on the basis of1996R0384 — EN — 12.10.2000 — 002.001 — 7
(1) Including Albania, Armenia, Azerbaijan, Belarus, Georgia, North Korea,
Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan, Uzbekistan.▼M2
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the price or constructed value in a market economy third country,
or the price from such a third country to other countries,including the Community, or where those are not possible, on any
other reasonable basis, including the price actually paid or
payable in the Community for the like product, duly adjusted ifnecessary to include a reasonable profit margin.
An appropriate market economy third country shall be selected in
a not unreasonable manner, due account being taken of any
reliable information made available at the time of selection.Account shall also be taken of time limits; where appropriate, amarket economy third country which is subject to the sameinvestigation shall be used.
The parties to the investigation shall be informed shortly after its
initiation of the market economy third country envisaged andshall be given 10 days to comment.
(b) In anti-dumping investigations concerning imports from the
Russian Federation, the People's Republicof China, the Ukraine,
Vietnam and Kazakhstan and any non-market-economy countrywhich is a member of the WTO at the date of the initiation of theinvestigation, normal value will be determined in accordancewith paragraphs 1 to 6, if it is shown, on the basis of properlysubstantiated claims by one or more producers subject to the
investigation and in accordance with the criteria and procedures
set out in subparagraph (c) that market economy conditionsprevail for this producer or producers in respect of themanufacture and sale of the like product concerned. When thisis not the case, the rules set out under subparagraph (a) shall
apply.
(c) A claim under subparagraph (b) must be made in writing and
contain sufficient evidence that the producer operates undermarket economy conditions, that is if:
— decisions of firms regarding prices, costs and inputs,
including for instance raw materials, cost of technology andlabour, output, sales and investment, are made in response tomarket signals reflecting supply and demand, and withoutsignificant State interference in this regard, and costs of major
inputs substantially reflect market values,
— firms have one clear set of basic accounting records which are
independently audited in line with international accounting
standards and are applied for all purposes,
— the production costs and financial situation of firms are not
subject to significant distortions carried over from the former
non-market economy system, in particular in relation to
depreciation of assets, other write-offs, barter trade andpayment via compensation of debts,
— the firms concerned are subject to bankruptcy and property
laws which guarantee legal certainty and stability for theoperation of firms, and
— exchange rate conversions are carried out at the market rate.
A determination whether the producer meets the abovementioned
criteria shall be made within three months of the initiation of theinvestigation, after specific consultation of the Advisory
Committee and after the Community industry has been given
an opportunity to comment. This determination shall remain inforce throughout the investigation.
B. EXPORT PRICE
8. The export price shall be the price actually paid or payable for the
product when sold for export from the exporting country to theCommunity.
9. In cases where there is no export price or where it appears that the
export price is unreliable because of an association or a compensatory1996R0384 — EN — 12.10.2000 — 002.001 — 8
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arrangement between the exporter and the importer or a third party, the
export price may be constructed on the basis of the price at which theimported products are first resold to an independent buyer, or, if the
products are not resold to an independent buyer, or are not resold in the
condition in which they were imported, on any reasonable basis.
In these cases, adjustment for all costs, including duties and taxes,
incurred between importation and resale, and for profits accruing, shallbe made so as to establish a reliable export price, at the Communityfrontier level.
The items for which adjustment shall be made shall include those
normally borne by an importer but paid by any party, either inside oroutside the Community, which appears to be associated or to have a
compensatory arrangement with the importer or exporter, including
usual transport, insurance, handling, loading and ancillary costs; customsduties, any anti-dumping duties, and other taxes payable in the importingcountry by reason of the importation or sale of the goods; and areasonable margin for selling, general and administrative costs andprofit.
C. COMPARISON
10. A fair comparison shall be made between the export price and the
normal value. This comparison shall be made at the same level of tradeand in respect of sales made at as nearly as possible the same time and
with due account taken of other differences which affect price
comparability. Where the normal value and the export price asestablished are not on such a comparable basis due allowance, in theform of adjustments, shall be made in each case, on its merits, fordifferences in factors which are claimed, and demonstrated, to affect
prices and price comparability. Any duplication when making adjust-
ments shall be avoided, in particular in relation to discounts, rebates,quantities and level of trade. When the specified conditions are met, thefactors for which adjustment can be made are listed as follows:
(a)Physical characteristics
An adjustment shall be made for differences in the physical
characteristics of the product concerned. The amount of theadjustment shall correspond to a reasonable estimate of the market
value of the difference.
(b)Import charges and indirect taxes
An adjustment shall be made to normal value for an amount
corresponding to any import charges or indirect taxes borne by thelike product and by materials physically incorporated therein, when
intended for consumption in the exporting country and not collected
or refunded in respect of the product exported to the Community.
(c)Discounts, rebates and quantities
An adjustment shall be made for differences in discounts and
rebates, including those given for differences in quantities, if these
are properly quantified and are directly linked to the sales under
consideration. An adjustment may also be made for deferreddiscounts and rebates if the claim is based on consistent practice inprior periods, including compliance with the conditions required toqualify for the discount or rebates.
(d)Level of trade
(i) An adjustment for differences in levels of trade, including any
differences which may arise in OEM (Original EquipmentManufacturer) sales, shall be made where, in relation to thedistribution chain in both markets, it is shown that the exportprice, including a constructed export price, is at a different level
of trade from the normal value and the difference has affected
price comparability which is demonstrated by consistent anddistinct differences in functions and prices of the seller for thedifferent levels of trade in the domesticmarket of the exportingcountry. The amount of the adjustment shall be based on themarket value of the difference.1996R0384 — EN — 12.10.2000 — 002.001 — 9
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(ii) However, in circumstances not envisaged under (i), when an
existing difference in level of trade cannot be quantified becauseof the absence of the relevant levels on the domestic market of
the exporting countries, or where certain functions are shown
clearly to relate to levels of trade other than the one which is tobe used in the comparison, a special adjustment may be granted.
(e)Transport, insurance, handling, loading and ancillary costs
An adjustment shall be made for differences in the directly related
costs incurred for conveying the product concerned from thepremises of the exporter to an independent buyer, where such costsare included in the prices charged. Those costs shall includetransport, insurance, handling, loading and ancillary costs.
(f)Packing
An adjustment shall be made for differences in the directly related
packing costs for the product concerned.
(g)Credit
An adjustment shall be made for differences in the cost of any credit
granted for the sales under consideration, provided that it is a factortaken into account in the determination of the prices charged.
(h)After-sales costs
An adjustment shall be made for differences in the direct costs of
providing warranties, guarantees, technical assistance and services,as provided for by law and/or in the sales contract.
(i)Commissions
An adjustment shall be made for differences in commissions paid in
respect of the sales under consideration.
(j)Currency conversions
When the price comparison requires a conversion of currencies, such
conversion shall be made using the rate of exchange on the date ofsale, except that when a sale of foreign currency on forward markets
is directly linked to the export sale involved, the rate of exchange in
the forward sale shall be used. Normally, the date of sale shall be thedate of invoice but the date of contract, purchase order or orderconfirmation may be used if these more appropriately establish thematerial terms of sale. Fluctuations in exchange rates shall be
ignored and exporters shall be granted 60 days to reflect a sustained
movement in exchange rates during the investigation period.
(k)Other factors
An adjustment may also be made for differences in other factors not
provided for under subparagraphs (a) to (j) if it is demonstrated that
they affect price comparability as required under this paragraph, inparticular that customers consistently pay different prices on thedomestic market because of the difference in such factors.
D. DUMPING MARGIN
11. Subject to the relevant provisions governing fair comparison, the
existence of margins of dumping during the investigation period shallnormally be established on the basis of a comparison of a weighted
average normal value with a weighted average of prices of all export
transactions to the Community, or by a comparison of individual normalvalues and individual export prices to the Community on a transaction-to-transaction basis. However, a normal value established on a weightedaverage basis may be compared to prices of all individual export
transactions to the Community, if there is a pattern of export prices
which differs significantly among different purchasers, regions or timeperiods, and if the methods specified in the first sentence of thisparagraph would not reflect the full degree of dumping being practised.This paragraph shall not preclude the use of sampling in accordancewith Article 17.1996R0384 — EN — 12.10.2000 — 002.001 — 10
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12. The dumping margin shall be the amount by which the normal
value exceeds the export price. Where dumping margins vary, aweighted average dumping margin may be established.
Article 3
Determination of injury
1. Pursuant to this Regulation, the term ‘injury’ shall, unless
otherwise specified, be taken to mean material injury to the Communityindustry, threat of material injury to the Community industry or material
retardation of the establishment of such an industry and shall be
interpreted in accordance with the provisions of this Article.
2. A determination of injury shall be based on positive evidence and
shall involve an objective examination of both (a) the volume of thedumped imports and the effect of the dumped imports on prices in the
Community market for like products; and (b) the consequent impact of
those imports on the Community industry.
3. With regard to the volume of the dumped imports, consideration
shall be given to whether there has been a significant increase in dumpedimports, either in absolute terms or relative to production orconsumption in the Community. With regard to the effect of the
dumped imports on prices, consideration shall be given to whether there
has been significant price undercutting by the dumped imports ascompared with the price of a like product of the Community industry, orwhether the effect of such imports is otherwise to depress prices to asignificant degree or prevent price increases, which would otherwise
have occurred, to a significant degree. No one or more of these factors
can necessarily give decisive guidance.
4. Where imports of a product from more than one country are
simultaneously subject to anti-dumping investigations, the effects ofsuch imports shall be cumulatively assessed only if it is determined that
(a) the margin of dumping established in relation to the imports from
each country is more than de minimis as defined in Article 9 (3) and that
the volume of imports from each country is not negligible; and (b) acumulative assessment of the effects of the imports is appropriate inlight of the conditions of competition between imported products and theconditions of competition between the imported products and the like
Community product.
5. The examination of the impact of the dumped imports on the
Community industry concerned shall include an evaluation of allrelevant economic factors and indices having a bearing on the state ofthe industry, including the fact that an industry is still in the process of
recovering from the effects of past dumping or subsidization, the
magnitude of the actual margin of dumping, actual and potential declinein sales, profits, output, market share, productivity, return on invest-ments, utilization of capacity; factors affecting Community prices;actual and potential negative effects on cash flow, inventories,employment, wages, growth, ability to raise capital or investments.
This list is not exhaustive, nor can any one or more of these factors
necessarily give decisive guidance.
6. It must be demonstrated, from all the relevant evidence presented
in relation to paragraph 2, that the dumped imports are causing injurywithin the meaning of this Regulation. Specifically, this shall entail a
demonstration that the volume and/or price levels identified pursuant to
paragraph 3 are responsible for an impact on the Community industry asprovided for in paragraph 5, and that this impact exists to a degree whichenables it to be classified as material.
7. Known factors other than the dumped imports which at the same
time are injuring the Community industry shall also be examined to
ensure that injury caused by these other factors is not attributed to thedumped imports under paragraph 6. Factors which may be considered inthis respect include the volume and prices of imports not sold atdumping prices, contraction in demand or changes in the patterns ofconsumption, restrictive trade practices of, and competition between,1996R0384 — EN — 12.10.2000 — 002.001 — 11
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third country and Community producers, developments in technology
and the export performance and productivity of the Community industry.
8. The effect of the dumped imports shall be assessed in relation to
the production of the Community industry of the like product whenavailable data permit the separate identification of that production on thebasis of such criteria as the production process, producers' sales and
profits. If such separate identification of that production is not possible,
the effects of the dumped imports shall be assessed by examination ofthe production of the narrowest group or range of products, whichincludes the like product, for which the necessary information can beprovided.
9. A determination of a threat of material injury shall be based on
facts and not merely on allegation, conjecture or remote possibility. Thechange in circumstances which would create a situation in which thedumping would cause injury must be clearly foreseen and imminent.
In making a determination regarding the existence of a threat of material
injury, consideration should be given to such factors as:
(a) a significant rate of increase of dumped imports into the Community
market indicating the likelihood of substantially increased imports;
(b) sufficient freely disposable capacity of the exporter or an imminent
and substantial increase in such capacity indicating the likelihood ofsubstantially increased dumped exports to the Community, accountbeing taken of the availability of other export markets to absorb anyadditional exports;
(c) whether imports are entering at prices that would, to a significant
degree, depress prices or prevent price increases which otherwise
would have occurred, and would probably increase demand forfurther imports; and
(d) inventories of the product being investigated.
No one of the factors listed above by itself can necessarily give decisive
guidance but the totality of the factors considered must lead to the
conclusion that further dumped exports are imminent and that, unlessprotective action is taken, material injury will occur.
Article 4
Definition of Community industry
1. For the purposes of this Regulation, the term ‘Community
industry’ shall be interpreted as referring to the Community producers
as a whole of the like products or to those of them whose collectiveoutput of the products constitutes a major proportion, as defined inArticle 5 (4), of the total Community production of those products,except that:
(a) when producers are related to the exporters or importers or are
themselves importers of the allegedly dumped product, the term‘Community industry’ may be interpreted as referring to the rest ofthe producers;
(b) in exceptional circumstances the territory of the Community may,
for the production in question, be divided into two or more
competitive markets and the producers within each market may beregarded as a separate industry if (i) the producers within such amarket sell all or almost all of their production of the product inquestion in that market; and (ii) the demand in that market is not toany substantial degree supplied by producers of the product in
question located elsewhere in the Community. In such circum-
stances, injury may be found to exist even where a major portion ofthe total Community industry is not injured, provided there is aconcentration of dumped imports into such an isolated market andprovided further that the dumped imports are causing injury to the
producers of all or almost all of the production within such a market.
2. For the purpose of paragraph 1, producers shall be considered to be
related to exporters or importers only if (a) one of them directly orindirectly controls the other; or (b) both of them are directly or indirectly1996R0384 — EN — 12.10.2000 — 002.001 — 12
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controlled by a third person; or (c) together they directly or indirectly
control a third person provided that there are grounds for believing orsuspecting that the effect of the relationship is such as to cause the
producer concerned to behave differently from non-related producers.
For the purpose of this paragraph, one shall be deemed to controlanother when the former is legally or operationally in a position toexercise restraint or direction over the latter.
3. Where the Community industry has been interpreted as referring to
the producers in a certain region, the exporters shall be given an
opportunity to offer undertakings pursuant to Article 8 in respect of theregion concerned. In such cases, when evaluating the Communityinterest of the measures, special account shall be taken of the interest ofthe region. If an adequate undertaking is not offered promptly or thesituations set out in Article 8 (9) and (10) apply, a provisional or
definitive duty may be imposed in respect of the Community as a whole.
In such cases, the duties may, if practicable, be limited to specificproducers or exporters.
4. The provisions of Article 3 (8) shall be applicable to this Article.
Article 5
Initiation of proceedings
1. Except as provided for in paragraph 6, an investigation to
determine the existence, degree and effect of any alleged dumping
shall be initiated upon a written complaint by any natural or legal
person, or any association not having legal personality, acting on behalfof the Community industry.
The complaint may be submitted to the Commission, or to a Member
State, which shall forward it to the Commission. The Commission shall
send Member States a copy of any complaint it receives. The complaint
shall be deemed to have been lodged on the first working day followingits delivery to the Commission by registered mail or the issuing of anacknowledgement of receipt by the Commission.
Where, in the absence of any complaint, a Member State is in possession
of sufficient evidence of dumping and of resultant injury to the
Community industry, it shall immediately communicate such evidence
to the Commission.
2. A complaint under paragraph 1 shall include evidence of dumping,
injury and a causal link between the allegedly dumped imports and thealleged injury. The complaint shall contain such information as isreasonably available to the complainant on the following:
(a) identity of the complainant and a description of the volume and
value of the Community production of the like product by the
complainant. Where a written complaint is made on behalf of theCommunity industry, the complaint shall identify the industry onbehalf of which the complaint is made by a list of all knownCommunity producers of the like product (or associations of
Community producers of the like product) and, to the extent
possible, a description of the volume and value of Communityproduction of the like product accounted for by such producers;
(b) a complete description of the allegedly dumped product, the names
of the country or countries of origin or export in question, the
identity of each known exporter or foreign producer and a list ofknown persons importing the product in question;
(c) information on prices at which the product in question is sold when
destined for consumption in the domestic markets of the country orcountries of origin or export (or, where appropriate, information onthe prices at which the product is sold from the country or countriesof origin or export to a third country or countries or on theconstructed value of the product) and information on export prices
or, where appropriate, on the prices at which the product is first
resold to an independent buyer in the Community;
(d) information on changes in the volume of the allegedly dumped
imports, the effect of those imports on prices of the like product on1996R0384 — EN — 12.10.2000 — 002.001 — 13
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the Community market and the consequent impact of the imports on
the Community industry, as demonstrated by relevant factors andindices having a bearing on the state of the Community industry,
such as those listed in Article 3 (3) and (5).
3. The Commission shall, as far as possible, examine the accuracy
and adequacy of the evidence provided in the complaint to determinewhether there is sufficient evidence to justify the initiation of an
investigation.
4. An investigation shall not be initiated pursuant to paragraph 1
unless it has been determined, on the basis of an examination as to thedegree of support for, or opposition to, the complaint expressed by
Community producers of the like product, that the complaint has been
made by or on behalf of the Community industry. The complaint shallbe considered to have been made by or on behalf of the Communityindustry if it is supported by those Community producers whosecollective output constitutes more than 50 % of the total production ofthe like product produced by that portion of the Community industry
expressing either support for or opposition to the complaint. However,
no investigation shall be initiated when Community producers expresslysupporting the complaint account for less than 25 % of total productionof the like product produced by the Community industry.
5. The authorities shall avoid, unless a decision has been made to
initiate an investigation, any publicising of the complaint seeking theinitiation of an investigation. However, after receipt of a properlydocumented complaint and before proceeding to initiate an investiga-tion, the government of the exporting country concerned shall benotified.
6. If in special circumstances, it is decided to initiate an investigation
without having received a written complaint by or on behalf of theCommunity industry for the initiation of such investigation, this shall bedone on the basis of sufficient evidence of dumping, injury and a causal
link, as described in paragraph 2, to justify such initiation.
7. The evidence of both dumping and injury shall be considered
simultaneously in the decision on whether or not to initiate aninvestigation. A complaint shall be rejected where there is insufficient
evidence of either dumping or of injury to justify proceeding with the
case. Proceedings shall not be initiated against countries whose importsrepresent a market share of below 1 %, unless such countriescollectively account for 3 % or more of Community consumption.
8. The complaint may be withdrawn prior to initiation, in which case
it shall be considered not to have been lodged.
9. Where, after consultation, it is apparent that there is sufficient
evidence to justify initiating a proceeding, the Commission shall do sowithin 45 days of the lodging of the complaint and shall publish a notice
in theOfficial Journal of the European Communities . Where insufficient
evidence has been presented, the complainant shall, after consultation,be so informed within 45 days of the date on which the complaint islodged with the Commission.
10. The notice of initiation of the proceedings shall announce the
initiation of an investigation, indicate the product and countriesconcerned, give a summary of the information received, and providethat all relevant information is to be communicated to the Commission;it shall state the periods within which interested parties may makethemselves known, present their views in writing and submit informa-
tion if such views and information are to be taken into account during
the investigation; it shall also state the period within which interestedparties may apply to be heard by the Commission in accordance withArticle 6 (5).
11. The Commission shall advise the exporters, importers and
representative associations of importers or exporters known to it to beconcerned, as well as representatives of the exporting country and thecomplainants, of the initiation of the proceedings and, with due regard tothe protection of confidential information, provide the full text of thewritten complaint received pursuant to paragraph 1 to the known1996R0384 — EN — 12.10.2000 — 002.001 — 14
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exporters and to the authorities of the exporting country, and make it
available upon request to other interested parties involved. Where thenumber of exporters involved is particularly high, the full text of the
written complaint may instead be provided only to the authorities of the
exporting country or to the relevant trade association.
12. An anti-dumping investigation shall not hinder the procedures of
customs clearance.
Article 6
The investigation
1. Following the initiation of the proceeding, the Commission, acting
in cooperation with the Member States, shall commence an investigationat Community level. Such investigation shall cover both dumping andinjury and these shall be investigated simultaneously. For the purpose of
a representative finding, an investigation period shall be selected which,
in the case of dumping shall, normally, cover a period of not less thansix months immediately prior to the initiation of the proceeding.Information relating to a period subsequent to the investigation periodshall, normally, not be taken into account.
2. Parties receiving questionnaires used in an anti-dumping investiga-
tion shall be given at least 30 days to reply. The time limit for exporters
shall be counted from the date of receipt of the questionnaire, which forthis purpose shall be deemed to have been received one week from theday on which it was sent to the exporter or transmitted to the appropriatediplomaticrepresentative of the exporting c ountry. An extension to the
30 day period may be granted, due account being taken of the time limits
of the investigation, provided that the party shows due cause for suchextension, in terms of its particular circumstances.
3. The Commission may request Member States to supply informa-
tion, and Member States shall take whatever steps are necessary in order
to give effect to such requests. They shall send to the Commission the
information requested together within the results of all inspections,checks or investigations carried out. Where this information is of generalinterest or where its transmission has been requested by a Member State,the Commission shall forward it to the Member States, provided it is notconfidential, in which case a non-confidential summary shall be
forwarded.
4. The Commission may request Member States to carry out all
necessary checks and inspections, particularly amongst importers,traders and Community producers, and to carry out investigations inthird countries, provided that the firms concerned give their consent and
that the government of the country in question has been officially
notified and raises no objection. Member States shall take whateversteps are necessary in order to give effect to such requests from theCommission. Officials of the Commission shall be authorized, if theCommission or a Member State so requests, to assist the officials ofMember States in carrying out their duties.
5. The interested parties which have made themselves known in
accordance with Article 5 (10) shall be heard if they have, within theperiod prescribed in the notice published in the Official Journal of the
European Communities , made a written request for a hearing showing
that they are an interested party likely to be affected by the result of the
proceeding and that there are particular reasons why they should be
heard.
6. Opportunities shall, on request, be provided for the importers,
exporters, representatives of the government of the exporting countryand the complainants, which have made themselves known in
accordance with Article 5 (10), to meet those parties with adverse
interests, so that opposing views may be presented and rebuttalarguments offered. Provision of such opportunities must take accountof the need to preserve confidentiality and of the convenience to theparties. There shall be no obligation on any party to attend a meeting,and failure to do so shall not be prejudicial to that party's case. Oral1996R0384 — EN — 12.10.2000 — 002.001 — 15
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information provided under this paragraph shall be taken into account in
so far as it is subsequently confirmed in writing.
7. The complainants, importers and exporters and their representative
associations, users and consumer organizations, which have madethemselves known in accordance with Article 5 (10), as well as the
representatives of the exporting country may, upon written request,
inspect all information made available by any party to an investigation,as distinct from internal documents prepared by the authorities of theCommunity or its Member States, which is relevant to the presentationof their cases and not confidential within the meaning of Article 19, and
that it is used in the investigation. Such parties may respond to such
information and their comments shall be taken into consideration,wherever they are sufficiently substantiated in the response.
8. Except in the circumstances provided for in Article 18, the
information which is supplied by interested parties and upon whichfindings are based shall be examined for accuracy as far as possible.
9. For proceedings initiated pursuant to Article 5 (9), an investigation
shall, whenever possible, be concluded within one year. In any event,such investigations shall in all cases be concluded within 15 months ofinitiation, in accordance with the findings made pursuant to Article 8 forundertakings or the findings made pursuant to Article 9 for definitive
action.
Article 7
Provisional measures
1. Provisional duties may be imposed if proceedings have been
initiated in accordance with Article 5, if a notice has been given to thateffect and interested parties have been given adequate opportunities tosubmit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of
dumping and consequent injury to the Community industry, and if the
Community interest calls for intervention to prevent such injury. Theprovisional duties shall be imposed no earlier than 60 days from theinitiation of the proceedings but not later than nine months from theinitiation of the proceedings.
2. The amount of the provisional anti-dumping duty shall not exceed
the margin of dumping as provisionally established, but it should be lessthan the margin if such lesser duty would be adequate to remove the
injury to the Community industry.
3. Provisional duties shall be secured by a guarantee, and the release
of the products concerned for free circulation in the Community shall be
conditional upon the provision of such guarantee.
4. The Commission shall take provisional action after consultation or,
in cases of extreme urgency, after informing the Member States. In this
latter case, consultations shall take place 10 days, at the latest, afternotification to the Member States of the action taken by theCommission.
5. Where a Member State requests immediate intervention by the
Commission and where the conditions in paragraph 1 are met, theCommission shall within a maximum of five working days of receipt ofthe request, decide whether a provisional anti-dumping duty shall be
imposed.
6. The Commission shall forthwith inform the Council and the
Member States of any decision taken under paragraphs 1 to 5. The
Council, acting by a qualified majority, may decide differently.
7. Provisional duties may be imposed for six months and extended for
a further three months or they may be imposed for nine months.However, they may only be extended, or imposed for a nine-monthperiod, where exporters representing a significant percentage of the tradeinvolved so request or do not object upon notification by theCommission.1996R0384 — EN — 12.10.2000 — 002.001 — 16
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Article 8
Undertakings
1. Investigations may be terminated without the imposition of
provisional or definitive duties upon receipt of satisfactory voluntaryundertakings from any exporter to revise its prices or to cease exports tothe area in question at dumped prices, so that the Commission, afterconsultation, is satisfied that the injurious effect of the dumping iseliminated. Price increases under such undertakings shall not be higher
than necessary to eliminate the margin of dumping and they should be
less than the margin of dumping if such increases would be adequate toremove the injury to the Community industry.
2. Undertakings may be suggested by the Commission, but no
exporter shall be obliged to enter into such an undertaking. The fact thatexporters do not offer such undertakings, or do not accept an invitationto do so, shall in no way prejudice consideration of the case. However, itmay be determined that a threat of injury is more likely to be realized if
the dumped imports continue. Undertakings shall not be sought or
accepted from exporters unless a provisional affirmative determinationof dumping and injury caused by such dumping has been made. Save inexceptional circumstances, undertakings may not be offered later thanthe end of the period during which representations may be madepursuant to Article 20 (5).
3. Undertakings offered need not be accepted if their acceptance is
considered impractical, if such as where the number of actual or
potential exporters is too great, or for other reasons, including reasons of
general policy. The exporter concerned may be provided with thereasons for which it is proposed to reject the offer of an undertaking andmay be given an opportunity to make comments thereon. The reasonsfor rejection shall be set out in the definitive decision.
4. Parties which offer an undertaking shall be required to provide a
non-confidential version of such undertaking, so that it may be madeavailable to interested parties to the investigation.
5. Where undertakings are, after consultation, accepted and where
there is no objection raised within the Advisory Committee, theinvestigation shall be terminated. In all other cases, the Commission
shall submit to the Council forthwith a report on the results of the
consultation, together with a proposal that the investigation beterminated. The investigation shall be deemed terminated if, withinone month, the Council, acting by a qualified majority, has not decidedotherwise.
6. If the undertakings are accepted, the investigation of dumping and
injury shall normally be completed. In such a case, if a negativedetermination of dumping or injury is made, the undertaking shallautomatically lapse, except in cases where such a determination is due in
large part to the existence of an undertaking. In such cases it may be
required that an undertaking be maintained for a reasonable period. Inthe event that an affirmative determination of dumping and injury ismade, the undertaking shall continue consistent with its terms and theprovisions of this Regulation.
7. The Commission shall require any exporter from which an
undertaking has been accepted to provide, periodically, informationrelevant to the fulfilment of such undertaking, and to permit verification
of pertinent data. Non-compliance with such requirements shall be
construed as a breach of the undertaking.
8. Where undertakings are accepted from certain exporters during the
course of an investigation, they shall, for the purpose of Article 11, be
deemed to take effect from the date on which the investigation isconcluded for the exporting country.
9. In case of breach or withdrawal of undertakings by any party, a
definitive duty shall be imposed in accordance with Article 9, on thebasis of the facts established within the context of the investigationwhich led to the undertaking, provided that such investigation wasconcluded with a final determination as to dumping and injury and that1996R0384 — EN — 12.10.2000 — 002.001 — 17
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the exporter concerned has, except where he himself has withdrawn the
undertaking, been given an opportunity to comment.
10. A provisional duty may, after consultation, be imposed in
accordance with Article 7 on the basis of the best information available,where there is reason to believe that an undertaking is being breached, orin case of breach or withdrawal of an undertaking where the
investigation which led to the undertaking has not been concluded.
Article 9
Termination without measures; imposition of definitive duties
1. Where the complaint is withdrawn, the proceeding may be
terminated unless such termination would not be in the Community
interest.
2. Where, after consultation, protective measures are unnecessary and
there is no objection raised within the Advisory Committee, the
investigation or proceeding shall be terminated. In all other cases, the
Commission shall submit to the Council forthwith a report on the resultsof the consultation, together with a proposal that the proceeding beterminated. The proceeding shall be deemed terminated if, within onemonth, the Council, acting by a qualified majority, has not decided
otherwise.
3. For a proceeding initiated pursuant to Article 5 (9), injury shall
normally be regarded as negligible where the imports concerned
represent less than the volumes set out in Article 5 (7). For the same
proceeding, there shall be immediate termination where it is determinedthat the margin of dumping is less than 2 %, expressed as a percentageof the export price, provided that it is only the investigation that shall beterminated where the margin is below 2 % for individual exporters andthey shall remain subject to the proceeding and may be reinvestigated in
any subsequent review carried out for the country concerned pursuant to
Article 11.
4. Where the facts as finally established show that there is dumping
and injury caused thereby, and the Community interest calls for
intervention in accordance with Article 21, a definitive anti-dumpingduty shall be imposed by the Council, acting by simple majority on aproposal submitted by the Commission after consultation of theAdvisory Committee. Where provisional duties are in force, a proposalfor definitive action shall be submitted to the Council not later than one
month before the expiry of such duties. The amount of the anti-dumping
duty shall not exceed the margin of dumping established but it should beless than the margin if such lesser duty would be adequate to remove theinjury to the Community industry.
5. An anti-dumping duty shall be imposed in the appropriate amounts
in each case, on a non-discriminatory basis on imports of a product fromall sources found to be dumped and causing injury, except as to importsfrom those sources from which undertakings under the terms of this
Regulation have been accepted. The Regulation imposing the duty shall
specify the duty for each supplier or, if that is impracticable, and as ageneral rule in the cases referred to in Article 2 (7), the supplyingcountry concerned.
6. When the Commission has limited its examination in accordance
with Article 17, any anti-dumping duty applied to imports fromexporters or producers which have made themselves known inaccordance with Article 17 but were not included in the examinationshall not exceed the weighted average margin of dumping established
for the parties in the sample. For the purpose of this paragraph, the
Commission shall disregard any zero and de minimis margins, and
margins established in the circumstances referred to in Article 18.Individual duties shall be applied to imports from any exporter orproducer which is granted individual treatment, as provided for inArticle 17.1996R0384 — EN — 12.10.2000 — 002.001 — 18
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Article 10
Retroactivity
1. Provisional measures and definitive anti-dumping duties shall only
be applied to products which enter free circulation after the time whenthe decision taken pursuant to Articles 7 (1) or 9 (4), as the case may be,enters into force, subject to the exceptions set out in this Regulation.
2. Where a provisional duty has been applied and the facts as finally
established show that there is dumping and injury, the Council shalldecide, irrespective of whether a definitive anti-dumping duty is to beimposed, what proportion of the provisional duty is to be definitively
collected. For this purpose, ‘injury’ shall not include material retardation
of the establishment of a Community industry, nor threat of materialinjury, except where it is found that this would, in the absence ofprovisional measures, have developed into material injury. In all othercases involving such threat or retardation, any provisional amounts shall
be released and definitive duties can only be imposed from the date that
a final determination of threat or material retardation is made.
3. If the definitive anti-dumping duty is higher than the provisional
duty, the difference shall not be collected. If the definitive duty is lower
than the provisional duty, the duty shall be recalculated. Where a finaldetermination is negative, the provisional duty shall not be confirmed.
4. A definitive anti-dumping duty may be levied on products which
were entered for consumption not more than 90 days prior to the date ofapplication of provisional measures but not prior to the initiation of theinvestigation, provided that imports have been registered in accordancewith Article 14 (5), the Commission has allowed the importers
concerned an opportunity to comment, and:
(a) there is, for the product in question, a history of dumping over an
extended period, or the importer was aware of, or should have been
aware of, the dumping as regards the extent of the dumping and theinjury alleged or found; and
(b) in addition to the level of imports which caused injury during the
investigation period, there is a further substantial rise in importswhich, in the light of its timing and volume and other circumstances,
is likely to seriously undermine the remedial effect of the definitive
anti-dumping duty to be applied.
5. In cases of breach or withdrawal of undertakings, definitive duties
may be levied on goods entered for free circulation not more than 90
days before the application of provisional measures, provided thatimports have been registered in accordance with Article 14 (5), and thatany such retroactive assessment shall not apply to imports entered beforethe breach or withdrawal of the undertaking.
Article 11
Duration, reviews and refunds
1. An anti-dumping measure shall remain in force only as long as,
and to the extent that, it is necessary to counteract the dumping which is
causing injury.
2. A definitive anti-dumping measure shall expire five years from its
imposition or five years from the date of the conclusion of the mostrecent review which has covered both dumping and injury, unless it isdetermined in a review that the expiry would be likely to lead to acontinuation or recurrence of dumping and injury. Such an expiry reviewshall be initiated on the initiative of the Commission, or upon request
made by or on behalf of Community producers, and the measure shall
remain in force pending the outcome of such review.
An expiry review shall be initiated where the request contains sufficient
evidence that the expiry of the measures would be likely to result in acontinuation or recurrence of dumping and injury. Such a likelihoodmay, for example, be indicated by evidence of continued dumping andinjury or evidence that the removal of injury is partly or solely due to theexistence of measures or evidence that the circumstances of the1996R0384 — EN — 12.10.2000 — 002.001 — 19
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exporters, or market conditions, are such that they would indicate the
likelihood of further injurious dumping.
In carrying out investigations under this paragraph, the exporters,
importers, the representatives of the exporting country and theCommunity producers shall be provided with the opportunity to
amplify, rebut or comment on the matters set out in the review request,
and conclusions shall be reached with due account taken of all relevantand duly documented evidence presented in relation to the question as towhether the expiry of measures would be likely, or unlikely, to lead tothe continuation or recurrence of dumping and injury.
A notice of impending expiry shall be published in the Official Journal
of the European Communities at an appropriate time in the final year of
the period of application of the measures as defined in this paragraph.
Thereafter, the Community producers shall, no later than three months
before the end of the five-year period, be entitled to lodge a reviewrequest in accordance with the second sub-paragraph. A noticeannouncing the actual expiry of measures pursuant to this paragraphshall also be published.
3. The need for the continued imposition of measures may also be
reviewed, where warranted, on the initiative of the Commission or at therequest of a Member State or, provided that a reasonable period of timeof at least one year has elapsed since the imposition of the definitive
measure, upon a request by any exporter or importer or by the
Community producers which contains sufficient evidence substantiatingthe need for such an interim review.
An interim review shall be initiated where the request contains sufficient
evidence that the continued imposition of the measure is no longernecessary to offset dumping and/or that the injury would be unlikely tocontinue or recur if the measure were removed or varied, or that theexisting measure is not, or is no longer, sufficient to counteract the
dumping which is causing injury.
In carrying out investigations pursuant to this paragraph, the Commis-
sion may, inter alia , consider whether the circumstances with regard to
dumping and injury have changed significantly, or whether existing
measures are achieving the intended results in removing the injurypreviously established under Article 3. In these respects, account shallbe taken in the final determination of all relevant and duly documentedevidence.
4. A review shall also be carried out for the purpose of determining
individual margins of dumping for new exporters in the exportingcountry in question which have not exported the product during the
period of investigation on which the measures were based.
The review shall be initiated where a new exporter or producer can show
that it is not related to any of the exporters or producers in the exporting
country which are subject to the anti-dumping measures on the product,
and that it has actually exported to the Community following theabovementioned investigation period, or where it can demonstrate that ithas entered into an irrevocable contractual obligation to export asignificant quantity to the Community.
A review for a new exporter shall be initiated, and carried out on an
accelerated basis, after consultation of the Advisory Committee and afterCommunity producers have been given an opportunity to comment. The
Commission Regulation initiating a review shall repeal the duty in force
with regard to the new exporter concerned by amending the Regulationwhich has imposed such duty, and by making imports subject toregistration in accordance with Article 14 (5) in order to ensure that,should the review result in a determination of dumping in respect of
such an exporter, anti-dumping duties can be levied retroactively to the
date of the initiation of the review.
The provisions of this paragraph shall not apply where duties have been
imposed under Article 9 (6).
5. The relevant provisions of this Regulation with regard to
procedures and the conduct of investigations, excluding those relating1996R0384 — EN — 12.10.2000 — 002.001 — 20
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to time limits, shall apply to any review carried out pursuant to
paragraphs 2, 3 and 4. Any such review shall be carried outexpeditiously and shall normally be concluded within 12 months of
the date of initiation of the review.
6. Reviews pursuant to this Article shall be initiated by the
Commission after consultation of the Advisory Committee. Where
warranted by reviews, measures shall be repealed or maintained
pursuant to paragraph 2, or repealed, maintained or amended pursuantto paragraphs 3 and 4, by the Community institution responsible for theirintroduction. Where measures are repealed for individual exporters, butnot for the country as a whole, such exporters shall remain subject to theproceeding and may, automatically, be reinvestigated in any subsequent
review carried out for that country pursuant to this Article.
7. Where a review of measures pursuant to paragraph 3 is in progress
at the end of the period of application of measures as defined in
paragraph 2, such review shall also cover the circumstances set out in
paragraph 2.
8. Notwithstanding paragraph 2, an importer may request reimburse-
ment of duties collected where it is shown that the dumping margin, on
the basis of which duties were paid, has been eliminated, or reduced to alevel which is below the level of the duty in force.
In requesting a refund of anti-dumping duties, the importer shall submit
an application to the Commission. The application shall be submitted via
the Member State of the territory in which the products were released forfree circulation, within six months of the date on which the amount ofthe definitive duties to be levied was duly determined by the competentauthorities or of the date on which a decision was made definitively tocollect the amounts secured by way of provisional duty. Member States
shall forward the request to the Commission forthwith.
An application for refund shall only be considered to be duly supported
by evidence where it contains precise information on the amount of
refund of anti-dumping duties claimed and all customs documentation
relating to the calculation and payment of such amount. It shall alsoinclude evidence, for a representative period, of normal values andexport prices to the Community for the exporter or producer to whichthe duty applies. In cases where the importer is not associate with theexporter or producer concerned and such information is not immediately
available, or where the exporter or producer is unwilling to release it to
the importer, the application shall contain a statement from the exporteror producer that the dumping margin has been reduced or eliminated, asspecified in this Article, and that the relevant supporting evidence willbe provided to the Commission. Where such evidence is not forthcoming
from the exporter or producer within a reasonable period of time the
application shall be rejected.
The Commission shall, after consultation of the Advisory Committee,
decide whether and to what extent the application should be granted, or
it may decide at any time to initiate an interim review, whereupon the
information and findings from such review carried out in accordancewith the provisions applicable for such reviews, shall be used todetermine whether and to what extent a refund is justified. Refunds ofduties shall normally take place within 12 months, and in no
circumstances more than 18 months after the date on which a request
for a refund, duly supported by evidence, has been made by an importerof the product subject to the anti-dumping duty. The payment of anyrefund authorized should normally be made by Member States within 90day of the abovementioned decision.
9. In all review or refund investigations carried out pursuant to this
Article, the Commission shall, provided that circumstances have notchanged, apply the same methodology as in the investigation which ledto the duty, with due account being taken of Article 2, and in particular
paragraphs 11 and 12 thereof, and of Article 17.
10. In any investigation carried our pursuant to this Article, the
Commission shall examine the reliability of export prices in accordancewith Article 2. However, where it is decided to construct the export price1996R0384 — EN — 12.10.2000 — 002.001 — 21
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in accordance with Article 2 (9), it shall calculate it with no deduction
for the amount of anti-dumping duties paid when conclusive evidence isprovided that the duty is duly reflected in resale prices and the
subsequent selling prices in the Community.
Article 12
1. Where the Community industry submits sufficient information
showing that measures have led to no movement, or insufficient
movement, in resale prices or subsequent selling prices in theCommunity, the investigation may, after consultation, be reopened toexamine whether the measure has had effects on the abovementionedprices.
2. During a reinvestigation pursuant to this Article, exporters,
importers and Community producers shall be provided with anopportunity to clarify the situation with regard to resale prices andsubsequent selling prices: if it is concluded that the measure should have
led to movements in such prices, then, in order to remove the injury
previously established in accordance with Article 3, export prices shallbe reassessed in accordance with Article 2 and dumping margins shall berecalculated to take account of the reassessed export prices. Where it isconsidered that a lack of movement in the prices in the Community isdue to a fall in export prices which has occurred prior to or following the
imposition of measures, dumping margins may be recalculated to take
account of such lower export prices.
3. Where a reinvestigation pursuant to this Article shows increased
dumping the measures in force shall be amended by the Council, by
simple majority on a proposal from the Commission, in accordance withthe new findings on export prices.
4. The relevant provisions of Articles 5 and 6 shall apply to any
review carried out pursuant to this Article, except that such review shall
be carried out expeditiously and shall normally be concluded within sixmonths of the date of initiation of the reinvestigation.
5. Alleged changes in normal value shall only be taken into account
under this Article where complete information on revised normal values,
duly substantiated by evidence, is made available to the Commissionwithin the time limits set out in the notice of initiation of aninvestigation. Where an investigation involves a re-examination ofnormal values, imports may be made subject to registration inaccordance with Article 14 (5) pending the outcome of the reinvestiga-
tion.
Article 13
Circumvention
1. Anti-dumping duties imposed pursuant to this Regulation may be
extended to imports from third countries of like products, or partsthereof, when circumvention of the measures in force is taking place.Circumvention shall be defined as a change in the pattern of trade
between third countries and the Community which stems from a
practice, process or work for which there is insufficient due cause oreconomic justification other than the imposition of the duty, and wherethere is evidence that the remedial effects of the duty are beingundermined in terms of the prices and/or quantities of the like products
and there is evidence of dumping in relation to the normal values
previously established for the like or similar products.
2. An assembly operation in the Community or a third country shall
be considered to circumvent the measures in force where:
(a) the operation started or substantially increased since, or just prior to,
the initiation of the anti-dumping investigation and the partsconcerned are from the country subject to measures; and
(b) the parts constitute 60 % or more of the total value of the parts of the
assembled product, except that in no case shall circumvention beconsidered to be taking place where the value added to the parts1996R0384 — EN — 12.10.2000 — 002.001 — 22
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brought in, during the assembly or completion operation, is greater
than 25 % of the manufacturing cost, and
(c) the remedial effects of the duty are being undermined in terms of the
prices and/or quantities of the assembled like product and there isevidence of dumping in relation to the normal values previouslyestablished for the like or similar products.
3. Investigations shall be initiated pursuant to this Article where the
request contains sufficient evidence regarding the factors set out inparagraph 1. Initiations shall be made, after consultation of the AdvisoryCommittee, by Commission Regulation which shall also instruct thecustoms authorities to make imports subject to registration in accordance
with Article 14 (5) or to request guarantees. Investigations shall be
carried out by the Commission, which may be assisted by customsauthorities and shall be concluded within nine months. When the facts asfinally ascertained justify the extension of measures, this shall be doneby the Council, acting by simple majority and on a proposal from the
Commission, from the date on which registration was imposed pursuant
to Article 14 (5) or on which guarantees were requested. The relevantprocedural provisions of this Regulation with regard to initiations andthe conduct of investigations shall apply pursuant to this Article.
4. Products shall not be subject to registration pursuant to Article 14
(5) or measures where they are accompanied by a customs certificate
declaring that the importation of the goods does not constitutecircumvention. These certificates may be issued to importers, uponwritten application following authorization by decision of the Commis-sion after consultation of the Advisory Committee or decision of theCouncil imposing measures and they shall remain valid for the period,
and under the conditions, set down therein.
5. Nothing in this Article shall preclude the normal application of the
provisions in force concerning customs duties.
Article 14
General provisions
1. Provisional or definitive anti-dumping duties shall be imposed by
Regulation, and collected by Member States in the form, at the ratespecified and according to the other criteria laid down in the Regulationimposing such duties. Such duties shall also be collected independentlyof the customs duties, taxes and other charges normally imposed onimports. No product shall be subject to both anti-dumping and
countervailing duties for the purpose of dealing with one and the
same situation arising from dumping or from export subsidization.
2. Regulations imposing provisional or definitive anti-dumping
duties, and Regulations or Decisions accepting undertakings orterminating investigations or proceedings, shall be published in the
Official Journal of the European Communities . Such Regulations or
Decisions shall contain in particular and with due regard to theprotection of confidential information, the names of the exporters, ifpossible, or of the countries involved, a description of the product and asummary of the material facts and considerations relevant to the
dumping and injury determinations. In each case, a copy of the
Regulation or Decision shall be sent to known interested parties. Theprovisions of this paragraph shall apply mutatis mutandis to reviews.
3. Special provisions, in particular with regard to the common
definition of the concept of origin, as contained in Council Regulation(EEC) No 2913/92(
1), may be adopted pursuant to this Regulation.
4. In the Community interest, measures imposed pursuant to this
Regulation may, after consultation of the Advisory Committee, besuspended by a decision of the Commission for a period of nine months.The suspension may be extended for a further period, not exceeding oneyear, if the Council so decides, acting by simple majority on a proposal1996R0384 — EN — 12.10.2000 — 002.001 — 23
(1) OJ No L 302, 19. 10. 1992, p. 1.
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from the Commission. Measures may only be suspended where market
conditions have temporarily changed to an extent that injury would beunlikely to resume as a result of the suspension, and provided that the
Community industry has been given an opportunity to comment and
these comments have been taken into account. Measures may, at anytime and after consultation, be reinstated if the reason for suspension isno longer applicable.
5. The Commission may, after consultation of the Advisory
Committee, direct the customs authorities to take the appropriate stepsto register imports, so that measures may subsequently be appliedagainst those imports from the date of such registration. Imports may be
made subject to registration following a request from the Community
industry which contains sufficient evidence to justify such action.Registration shall be introduced by Regulation which shall specify thepurpose of the action and, if appropriate, the estimated amount ofpossible future liability. Imports shall not be made subject to registrationfor a period longer than nine months.
6. Member States shall report to the Commission every month, on the
import trade in products subject to investigation and to measures, and onthe amount of duties collected pursuant to this Regulation.
Article 15
Consultations
1. Any consultations provided for in this Regulation shall take place
within an Advisory Committee, which shall consist of representatives of
each Member State, with a representative of the Commission as
chairman. Consultations shall be held immediately at the request of aMember State or on the initiative of the Commission and in any eventwithin a period of time which allows the time limits set by thisRegulation to be adhered to.
2. The Committee shall meet when convened by its chairman. He
shall provide the Member States, as promptly as possible, with allrelevant information.
3. Where necessary, consultation may be in writing only; in that
event, the Commission shall notify the Member States and shall specifya period within which they shall be entitled to express their opinions orto request an oral consultation which the chairman shall arrange,
provided that such oral consultation can be held within a period of time
which allows the time limits set by this Regulation to be adhered to.
4. Consultation shall cover, in particular:
(a) the existence of dumping and the methods of establishing the
dumping margin;
(b) the existence and extent of injury;
(c) the causal link between the dumped imports and injury;
(d) the measures which, in the circumstances, are appropriate to prevent
or remedy the injury caused by dumping and the ways and means of
putting such measures into effect.
Article 16
Verification visits
1. The Commission shall, where it considers it appropriate, carry out
visits to examine the records of importers, exporters, traders, agents,
producers, trade associations and organizations and to verify informationprovided on dumping and injury. In the absence of a proper and timelyreply, a verification visit may not be carried out.
2. The Commission may carry out investigations in third countries as
required, provided that it obtains the agreement of the firms concerned,that it notifies the representatives of the government of the country inquestion and that the latter does not object to the investigation. As soonas the agreement of the firms concerned has been obtained the1996R0384 — EN — 12.10.2000 — 002.001 — 24
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Commission should notify the authorities of the exporting country of the
names and addresses of the firms to be visited and the dates agreed.
3. The firms concerned shall be advised of the nature of the
information to be verified during verification visits and of any furtherinformation which needs to be provided during such visits, though this
should not preclude requests made during the verification for further
details to be provided in the light of information obtained.
4. In investigations carried out pursuant to paragraphs 1, 2 and 3, the
Commission shall be assisted by officials of those Member States whoso request.
Article 17
Sampling
1. In cases where the number of complainants, exporters or importers,
types of product or transactions is large, the investigation may be limited
to a reasonable number of parties, products or transactions by using
samples which are statistically valid on the basis of informationavailable at the time of the selection, or to the largest representativevolume of production, sales or exports which can reasonably beinvestigated within the time available.
2. The final selection of parties, types of products or transactions
made under these sampling provisions shall rest with the Commission,
though preference shall be given to choosing a sample in consultation
with, and with the consent of, the parties concerned, provided suchparties make themselves known and make sufficient informationavailable, within three weeks of initiation of the investigation, to enablea representative sample to be chosen.
3. In cases where the examination has been limited in accordance
with this Article, an individual margin of dumping shall, nevertheless,be calculated for any exporter or producer not initially selected who
submits the necessary information within the time limits provided for in
this Regulation, except where the number of exporters or producers is solarge that individual examinations would be unduly burdensome andwould prevent completion of the investigation in good time.
4. Where it is decided to sample and there is a degree of non-
cooperation by some or all of the parties selected which is likely tomaterially affect the outcome of the investigation, a new sample may beselected. However, if a material degree of non-cooperation persists or
there is insufficient time to select a new sample, the relevant provisions
of Article 18 shall apply.
Article 18
Non-cooperation
1. In cases in which any interested party refuses access to, or
otherwise does not provide, necessary information within the time limitsprovided in this Regulation, or significantly impedes the investigation,
provisional or final findings, affirmative or negative, may be made on
the basis of the facts available. Where it is found that any interestedparty has supplied false or misleading information, the information shallbe disregarded and use may be made of facts available. Interested partiesshould be made aware of the consequences of non-cooperation.
2. Failure to give a computerized response shall not be deemed to
constitute non-cooperation, provided that the interested party shows that
presenting the response as requested would result in an unreasonable
extra burden or unreasonable additional cost.
3. Where the information submitted by an interested party is not ideal
in all respects it should nevertheless not be disregarded, provided thatany deficiencies are not such as to cause undue difficulty in arriving at areasonably accurate finding and that the information is appropriatelysubmitted in good time and is verifiable, and that the party has acted tothe best of its ability.1996R0384 — EN — 12.10.2000 — 002.001 — 25
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4. If evidence or information is not accepted, the supplying party
shall be informed forthwith of the reasons therefor and shall be grantedan opportunity to provide further explanations within the time limit
specified. If the explanations are considered unsatisfactory, the reasons
for rejection of such evidence or information shall be disclosed andgiven in published findings.
5. If determinations, including those regarding normal value, are
based on the provisions of paragraph 1, including the informationsupplied in the complaint, it shall, where practicable and with due regardto the time limits of the investigation, be checked by reference toinformation from other independent sources which may be available,such as published price lists, official import statistics and customs
returns, or information obtained from other interested parties during the
investigation.
6. If an interested party does not cooperate, or cooperates only
partially, so that relevant information is thereby withheld, the result may
be less favourable to the party than if it had cooperated.
Article 19
Confidentiality
1. Any information which is by nature confidential, (for example,
because its disclosure would be of significant competitive advantage to acompetitor or would have a significantly adverse effect upon a person
supplying the information or upon a person from whom he has acquired
the information) or which is provided on a confidential basis by partiesto an investigation shall, if good cause is shown, be treated as such bythe authorities.
2. Interested parties providing confidential information shall be
required to furnish non-confidential summaries thereof. Those summa-ries shall be in sufficient detail to permit a reasonable understanding ofthe substance of the information submitted in confidence. In exceptionalcircumstances, such parties may indicate that such information is notsusceptible of summary. In such exceptional circumstances, a statement
of the reasons why summarization is not possible must be provided.
3. If it is considered that a request for confidentiality is not warranted
and if the supplier of the information is either unwilling to make the
information available or to authorize its disclosure in generalized or
summary form, such information may be disregarded unless it can besatisfactorily demonstrated from appropriate sources that the informa-tion is correct. Requests for confidentiality shall not be arbitrarilyrejected.
4. This Article shall not preclude the disclosure of general
information by the Community authorities and in particular of thereasons on which decisions taken pursuant to this Regulation are based,or disclosure of the evidence relied on by the Community authorities inso far as is necessary to explain those reasons in court proceedings. Such
disclosure must take into account the legitimate interests of the parties
concerned that their business secrets should not be divulged.
5. The Council, the Commission and Member States, or the officials
of any of these, shall not reveal any information received pursuant to
this Regulation for which confidential treatment has been requested by
its supplier, without specific permission from the supplier. Exchanges ofinformation between the Commission and Member States, or anyinformation relating to consultations made pursuant to Article 15, or anyinternal documents prepared by the authorities of the Community or its
Member States, shall not be divulged except as specifically provided for
in this Regulation.
6. Information received pursuant to this Regulation shall be used only
for the purpose for which it was requested.1996R0384 — EN — 12.10.2000 — 002.001 — 26
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Article 20
Disclosure
1. The complainants, importers and exporters and their representative
associations, and representatives of the exporting country, may requestdisclosure of the details underlying the essential facts and considerationson the basis of which provisional measures have been imposed. Requests
for such disclosure shall be made in writing immediately following the
imposition of provisional measures, and the disclosure shall be made inwriting as soon as possible thereafter.
2. The parties mentioned in paragraph 1 may request final disclosure
of the essential facts and considerations on the basis of which it is
intended to recommend the imposition of definitive measures, or thetermination of an investigation or proceedings without the imposition ofmeasures, particular attention being paid to the disclosure of any facts orconsiderations which are different from those used for any provisional
measures.
3. Requests for final disclosure, as defined in paragraph 2, shall be
addressed to the Commission in writing and be received, in cases wherea provisional duty has been applied, not later than one month afterpublication of the imposition of that duty. Where a provisional duty has
not been applied, parties shall be provided with an opportunity to request
final disclosure within time limits set by the Commission.
4. Final disclosure shall be given in writing. It shall be made, due
regard being had to the protection of confidential information, as soon as
possible and, normally, not later than one month prior to a definitive
decision or the submission by the Commission of any proposal for finalaction pursuant to Article 9. Where the Commission is not in a positionto disclose certain facts or considerations at that time, these shall bedisclosed as soon as possible thereafter. Disclosure shall not prejudiceany subsequent decision which may be taken by the Commission or the
Council but where such decision is based on any different facts and
considerations, these shall be disclosed as soon as possible.
5. Representations made after final disclosure is given shall be taken
into consideration only if received within a period to be set by the
Commission in each case, which shall be at least 10 days, due
consideration being given to the urgency of the matter.
Article 21
Community interest
1. A determination as to whether the Community interest calls for
intervention shall be based on an appreciation of all the various intereststaken as a whole, including the interests of the domestic industry andusers and consumers; and a determination pursuant to this Article shall
only be made where all parties have been given the opportunity to make
their views known pursuant to paragraph 2. In such an examination, theneed to eliminate the trade distorting effects of injurious dumping and torestore effective competition shall be given special consideration.Measures, as determined on the basis of the dumping and injury found,may not be applied where the authorities, on the basis of all the
information submitted, can clearly conclude that it is not in the
Community interest to apply such measures.
2. In order to provide a sound basis on which the authorities can take
account of all views and information in the decision as to whether or not
the imposition of measures is in the Community interest, the
complainants, importers and their representative associations, represen-tative users and representative consumer organizations may, within thetime limits specified in the notice of initiation of the anti-dumpinginvestigation, make themselves known and provide information to theCommission. Such information, or appropriate summaries thereof, shall
be made available to the other parties specified in this Article, and they
shall be entitled to respond to such information.
3. The parties which have acted in conformity with paragraph 2 may
request a hearing. Such requests shall be granted when they are1996R0384 — EN — 12.10.2000 — 002.001 — 27
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submitted within the time limits set in paragraph 2, and when they set
out the reasons, in terms of the Community interest, why the partiesshould be heard.
4. The parties which have acted in conformity with paragraph 2 may
provide comments on the application of any provisional duties imposed.
Such comments shall be received within one month of the application of
such measures if they are to be taken into account and they, orappropriate summaries thereof, shall be made available to other partieswho shall be entitled to respond to such comments.
5. The Commission shall examine the information which is properly
submitted and the extent to which it is representative and the results ofsuch analysis, together with an opinion on its merits, shall be transmittedto the Advisory Committee. The balance of views expressed in the
Committee shall be taken into account by the Commission in any
proposal made pursuant to Article 9.
6. The parties which have acted in conformity with paragraph 2 may
request the facts and considerations on which final decisions are likelyto be taken to be made available to them. Such information shall bemade available to the extent possible and without prejudice to anysubsequent decision taken by the Commission or the Council.
7. Information shall only be taken into account where it is supported
by actual evidence which substantiates its validity.
Article 22
Final provisions
This Regulation shall not preclude the application of:
(a) any special rules laid down in agreements concluded between the
Community and third countries;
(b) the Community Regulations in the agricultural sector and Council
Regulations (EC) No 3448/93(
1), (EEC) No 2730/75(2) and (EEC)
No 2783/75(3); this Regulation shall operate by way of complement
to those Regulations and in derogation from any provisions thereofwhich preclude the application of anti-dumping duties;
(c) special measures, provided that such action does not run counter to
obligations pursuant to the GATT.
Article 23
Repeal of existing legislation and transitional measures
Regulation (EC) No 3283/94 is hereby repealed, with the exception of
the first paragraph of Article 23 thereof.
However, the repeal of Regulation (EC) No 3283/94 shall not prejudice
the validity of proceedings initiated thereunder.
References to Regulation (EEC) No 2423/88 and to Regulation (EC) No
3283/94 shall be construed as references to this Regulation, whereappropriate.
Article 24
Entry into force
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
However, the time limits provided for in Articles 5 (9), 6 (9) and 7 (1)
shall apply to complaints lodged under Article 5 (9) as from 11996R0384 — EN — 12.10.2000 — 002.001 — 28
(1) OJ No L 318, 20. 12. 1993, p. 18.
(2) OJ No L 281, 1. 11. 1975, p. 20. Regulation as amended by Commission
Regulation (EEC) No 222/88 (OJ No L 28, 1. 2. 1988, p. 1).
(3) OJ No L 282, 1. 11. 1975, p. 104. Regulation as last amended by Regulation
(EEC) No 3290/94 (OJ No L 349, 31. 12. 1994, p. 105).
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September 1995 and investigations initiated pursuant to such
complaints.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1996R0384 — EN — 12.10.2000 — 002.001 — 29