Proposal for a COUNCIL REGULATION terminating the anti-dumping proceeding concerning imports of polysulphide polymers originating in the United States of America

(presented by the Commission)

EXPLANATORY MEMORANDUM

Attached is a proposal for a Council Regulation proposing the termination of anti-dumping duties on imports of polysulphide polymers originating in the United States of America.

The investigation was initiated on 4 October 2001 pursuant to Article 11 of Council Regulation (EC) No 384/96 (the basic anti-dumping Regulation). By a letter of 20 July 2001 to the Commission, Akcros Chemicals GmbH & Co. KG formally withdrew its complaint and requested that the measures should be repealed. This request was based on the fact that the sole exporting producer in the country concerned had decided to cease production of the product concerned.

All parties responding to the investigation, two users plus the Community industry itself, supported the proposal to terminate the measures. It is therefore considered that the present proceeding should be terminated since no considerations had arisen showing that such termination would not be in the Community interest.

Proposal for a COUNCIL REGULATION terminating the anti-dumping proceeding concerning imports of polysulphide polymers originating in the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community [1], and in particular Article 9 thereof,

[1] OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1) Definitive anti-dumping duties were imposed on polysulphide polymers originating in the United States of America in September 1998 [2].

[2] Council Regulation (EC) No 1965/98 (OJ L 255, 17.9.1998, p. 1).

(2) These duties were imposed following a complaint lodged by Akcros Chemicals GmbH & Co. KG, Germany, the sole Community producer of polysulphide polymers.

B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

(3) By a letter of 20 July 2001 to the Commission, Akcros Chemicals GmbH & Co. KG formally withdrew its complaint and requested that the measures should be repealed. This request was based on the fact that the sole exporting producer in the country concerned had decided to cease production of the product concerned.

(4) In accordance with Article 9(1) of Regulation (EC) No 384/96 a proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.

(5) The Commission announced its intention to investigate whether the measures should be retained in a Notice published on 4 October 2001 [3]. Two responses were received following this Notice from the user industry, both supporting the termination of the measures. In addition, the sole Community producer confirmed its position that the measures were no longer appropriate. It is, therefore, considered that termination would not be against the Community interest.

[3] OJ C 280, 4.10.2001, p. 5.

(6) It is therefore concluded that the anti-dumping proceeding concerning polysulphide polymers originating in the United States of America should be terminated,

HAS ADOPTED THIS REGULATION:

Sole Article

The anti-dumping proceeding concerning imports of polysulphide polymers currently classifiable within CN code ex 4002 99 90 and originating in the United States of America is hereby terminated.

Done at Brussels,

For the Council

The President