98/229/EC: Commission Decision of 20 March 1998 terminating the anti-dumping proceeding concerning imports of tungsten ores and concentrates originating in the People's Republic of China
Date: 1998-03-20
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, non-ferrous ore, tungsten

L 87/22

EN

Official Journal of the European Communities

21. 3. 98

COMMISSION

COMMISSION DECISION

of 20 March 1998

terminating the anti-dumping proceeding concerning imports of tungsten ores
and concentrates originating in the People’s Republic of China

(98/229/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

considered sufficient to justify the initiation of an
anti-dumping review.

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
from countries
the European
Community (1), as amended by Regulation (EC) No 2331/
96 (2), and in particular Articles 9 and 11 thereof,

not members

of

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

1. Measures in force

(1)

(2)

By Regulation (EEC) No 2735/90 (3), as amended
by Regulation (EC) No 610/95 (4),
the Council
imposed a definitive anti-dumping duty on imports
of tungsten ores and concentrates originating in the
People’s Republic of China falling within CN code
2611 00 00.

2. Request for a review

Following the publication in February 1995 of a
Notice of the impending expiry (5) of the measures
in force, the Commission received in June 1995 a
request for a review lodged by Eurom(cid:130)taux, on
behalf of the totality of Community producers of
the product concerned. The request contained
evidence that the expiry of the anti-dumping meas-
ures would be likely to result in a continuation or
recurrence of dumping and injury which was

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ L 264, 27. 9. 1990, p. 1.
(4) OJ L 64, 22. 3. 1995, p. 1.
(5) OJ C 48, 25. 2. 1995, p. 3.

(3)

(4)

(5)

21

1995,

September

the European Communities (6),

On
the Commission
announced, by a Notice published in the Official
the
Journal of
initiation of a review of Regulation (EEC) No 2735/
90 and commenced an investigation pursuant to
Article 11(2) of Council Regulation (EC) No 3283/
94 (7), which was replaced during the investigation
by Regulation (EC) No 384/96 (hereinafter referred
to as the ‘Basic Regulation').

3. Investigation

The Commission officially advised the producers/
exporters and importers known to be concerned,
the representatives of the exporting country and
the Community producers of the initiation of the
review, and gave the parties concerned the oppor-
tunity to make their views known in writing and to
request a hearing within the time-limit set in the
Notice referred to in recital 3.

The present review exceeded the period of one year
should normally have been
within which it
concluded pursuant to Article 11(5) of the Basic
Regulation, since two other reviews concerning
tungsten products, namely tungstic oxide and acid
on the one hand, and tungsten carbide and fused
carbide on the other hand, were carried out in
parallel. In view of the links between the products
in the production chain, it was decided to submit
the results of all these investigations at the same
time.

(6) OJ C 244, 21. 9. 1995, p. 3.
(7) OJ L 349, 31. 12. 1994, p. 1.

21. 3. 98

EN

Official Journal of the European Communities

L 87/23

(6)

(7)

(8)

B. WITHDRAWAL OF THE REQUEST FOR AN
EXPIRY REVIEW AND TERMINATION OF
THE PROCEEDING

In the course of the investigation, the complainant,
Eurom(cid:130)taux, formally withdrew its request for the
expiry review in view of a recent considerable
decrease in imports of tungsten ores and concen-
trates originating in the People’s Republic of
China.

In accordance with Article 11(5)
in conjunction
with Article 9(1) of the Basic Regulation, when the
Community industry withdraws its request for an
expiry review, the proceeding may be terminated
unless such termination would not be in the
Community interest. The present investigation has
considerations of
not brought
Community interest which would support
the
continuation of the proceeding.

to light

any

intention

Therefore, interested parties were informed of the
Commission’s
the
proceeding and were given the opportunity to
comment. No comments were received indicating
such termination would not be in the
that
Community interest.

terminate

to

(9)

(10)

The Advisory Committee has been consulted and
has raised no objection.

In the light of the above, the Commission has
concluded that
the continuation of protective
measures is unnecessary and that the proceeding
should be terminated,

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of
tungsten ores and concentrates falling under CN code
2611 00 00 and originating in the People’s Republic of
China, is hereby terminated.

Done at Brussels, 20 March 1998.

For the Commission

Leon BRITTAN

Vice-President