Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 763/2000 extending the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters

(presented by the Commission)

EXPLANATORY MEMORANDUM

Attached is a proposal for a Council Regulation amending Council Regulation (EC) No 763/2000 which extends the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters.

It was found that the text of the Regulation, as it stands, does not allow products manufactured by the excepted producers and exported through a third party trader to be exempted from the extension of the duty.

Consequently, it was concluded that the text of the Council Regulation in question should be amended in order to enable the application of an exemption of the duty to products manufactured by the excepted producers and exported to the Community market by third party traders.

Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 763/2000 extending the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters

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]),

[1] OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

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

Whereas:

(1) Council Regulation (EC) No 763/2000( [2]) (the Regulation) extended the definitive anti-dumping duty of 58.6% imposed by Council Regulation (EC) No 584/96( [3]) to imports of the same product consigned from Taiwan, whether the product is declared as originating in Taiwan or not, with the exception of products manufactured and exported by the three cooperating Taiwanese exporters.

[2] OJ L 94, 14.4.2000, p. 1.

[3] OJ L 84, 3.4.1996, p. 1.

(2) It is the consistent practice of the Community Institutions to individualise anti-dumping measures in respect of goods manufactured by individual concerns.

(3) The text of Article 1 of the Regulation limits the exemption from the extension of the duties to products manufactured and directly sold to the Community by the three cooperating Taiwanese exporters concerned.

(4) On the basis of the findings of the relevant investigation, it appears appropriate that the scope of the exemption encompass all export sales of the product manufactured by the exporters concerned, either directly or through a third party trader.

(5) Article 1 of the Regulation should therefore be amended in order to make the exemption applicable to products manufactured by the three cooperating Taiwanese producers, irrespective of the identity of the operator responsible for exporting the goods to the Community,

HAS ADOPTED THIS REGULATION:

Council Regulation (EC) 763/2000 is hereby modified as follows:

Article 1

Article 1, paragraphs 1 and 2, shall be replaced by the following:

1. The definitive anti-dumping duty imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings of iron and steel falling within CN codes ex 7307 93 11 (TARIC code 7307 93 11 90), ex 7307 93 19 (TARIC code 7307 93 19 90), ex 7307 99 30 (TARIC code 7307 99 30 91) and ex 7307 99 90 (TARIC code 7307 99 90 91) originating in the People's Republic of China, is hereby extended to imports of the same fittings consigned from Taiwan (whether these fitting are declared as originating in Taiwan or not) (TARIC additional code A999), with the exception of those produced by Chup Hsin Enterprise Co. Ltd, Kaohsiung (Taiwan) (TARIC additional code A098), Rigid Industries Co., Ltd, Kaohsiung (Taiwan) (TARIC additional code A099) and Niang Hong Pipe Fittings Co., Ltd, Kaohsiung (Taiwan) (TARIC additional code A100).

2. The duty extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Regulation (EC) No 1683/1999 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96, with the exception of those produced by Chup Hsin Enterprise Co. Ltd, Rigid Industries Co., Ltd and Niang Hong Pipe Fittings Co., Ltd, Kaohsiung (Taiwan).

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. It shall apply with effect from 15 April 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President