Proposal for a Council Regulation amending Regulation (EC) No 2320/97 inter alia imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia
Date: 2000-01-06
Institutions: European Commission
Subjects: Russia, anti-dumping duty, import, piping, tube

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06.01.2000
COM(1999) 731 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2320/97 inter alia imposing a definitive anti-dumping
duty on imports of certain seamless pipes and tubes of iron or non-alloy steel originating
in Russia

(presented by the Commission)

EXPLANATORY MEMORANDUM

In November 1997, definitive anti-dumping duties were imposed on imports of certain
seamless pipes and tubes of iron or non-alloy steel originating in Hungary, Poland, Russia, the
Czech Republic, Romania and the Slovak Republic. Undertakings from most exporting
producers in the countries concerned were accepted, with the exception of the undertaking
offered by Russian exporting producers.

The same Regulation provided for the anti-dumping measure in respect of Russia to be
modified, if ever there were a change in circumstances such that the conditions for the
acceptance of an undertaking were met.

The Russian authorities subsequently contacted the Commission and stated that they would
provide sufficient guarantees for the adequate monitoring of an undertaking, and the Russian
exporting producers which had offered an undertaking in the original investigation requested
that the Commission accept such an undertaking.

In view of the above, on 20 March 1999 the Commission initiated an interim review limited
in scope to the examination of the acceptability of an undertaking offered by the Russian
exporting producers concerned.

The investigation has shown that the undertaking, offered jointly by the Russian authorities
and the Russian exporting producers concerned, is modelled on those offered, and accepted
by the Commission, in the original investigation in 1997. The undertaking offered is also
guaranteed and monitored by the Russian Ministry of Trade.

The offer consists of a price undertaking up to an annual volume threshold, with an ad
valorem anti-dumping duty of 26.8% levied on imports above this volume.

Having verified that
Commission has accepted the undertaking.

this system is workable and can be effectively monitored,

the

In the light of the above, the Commission proposes that the Council amend Regulation (EC)
No 2320/97, in order that the following companies be exempted from the anti-dumping duty
in the framework of the undertaking offered.

Country

Product manufacturer

Taric additional Code

Russia

Taganrog Metallurgical
Works

Pervouralsky Novotrubny

Chelyabinsk Tube-Rolling
Plant

A042

A043

A044

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 2320/97 inter alia imposing a definitive anti-dumping
duty on imports of certain seamless pipes and tubes of iron or non-alloy steel originating
in Russia

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 Community1, and in
particular Article 8(1) thereof,

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

Whereas:

(1)

(2)

(3)

1

2

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A. PREVIOUS PROCEDURE

The Council, by Regulation (EC) No 2320/972 (hereinafter referred to as “the
definitive Regulation”) imposed definitive anti-dumping duties on imports of certain
seamless pipes and tubes of iron or non-alloy steel originating in Hungary, Poland,
the Czech Republic, Romania and the Slovak Republic. Most exporting
Russia,
producers in the above countries offered undertakings. These undertakings were
accepted by Commission Decision (97/790/EC)3. Consequently,
their exports are
partially exempted from the anti-dumping duties.

In the case of Russia, the undertaking offered was not accepted by the Commission as
it did not contain the necessary guarantees on the part of the Russian authorities to
allow adequate monitoring and an ad valorem anti-dumping duty of 26.8% was
imposed.

Recital (87) of the definitive Regulation provided, however, for the anti-dumping
if ever there were a change in
measure in respect of Russia to be modified,
circumstances such that the conditions for the acceptance of an undertaking were met.

OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (OJ L 128,
30.4.1998, p. 18).
OJ L 322, 25.11.1997, p. 1.
OJ L 322, 25.11.1997, p. 63.

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(4)

(5)

(6)

(7)

(8)

(9)

B. INTERIM REVIEW

The Russian authorities having subsequently stated that they would provide new
guarantees, the Commission accordingly initiated an interim review4 pursuant
to
Article 11(3) of Regulation (EC) 384/96 (hereinafter referred to as the “basic
Regulation”),
the acceptability of an
undertaking from the Russian exporting producers concerned.

limited in scope to the examination of

The investigation carried out has revealed that the undertaking which is being offered
jointly by the Russian authorities and the Russian exporting producers concerned is
modelled on those offered, and accepted by the Commission,
in the original
investigation. In addition, the Russian Ministry of Trade has guaranteed to supervise
and monitor the undertaking.

The elimination of the injury will be achieved by two means: first, a price undertaking
up to an annual volume threshold exempted from anti-dumping duty, and then an ad
valorem anti-dumping duty levied on any imports above this threshold.

The Russian Ministry of Trade has undertaken to control and authenticate production
certificates for each invoiced shipment exported to the Community which falls within
the agreed quantity exempted from anti-dumping duty. In order to ensure that the
quantity of imports exempted from the anti-dumping duty does not exceed the quantity
in respect of which the undertaking has been offered,
the exemption will be
conditional on the presentation to the Community’s customs authorities of a valid
production certificate, clearly identifying the producer, the product concerned, the
customer for which the goods are destined and the details listed in the Annex of the
present Regulation. In cases of doubt, the Commission shall make a determination as
to the certificate’s validity, and take measures as appropriate, in accordance with
Article 8(9) and (10) of the basic Regulation.

Having carefully examined the situation, the Commission accepted the undertaking by
Commission Decision (2000/…./EC)5.

Therefore, the definitive Regulation has to be amended so that imports made in
accordance with the terms of the undertaking are not subject to the anti-dumping duty,

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 2320/97 is hereby amended as follows:

Article 1

(a) at Article 1(2) of the above-mentioned Regulation, that part of the table referring to

Russia shall be replaced by:

4

5

OJ C 77, 20.3.1999, p. 6.
See page …… of this Official Journal.

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Country

Product manufacturer

Russia

Taganrog Metallurgical
Works

Rate of
duty

26.8%

Pervouralsky Novotrubny

26.8%

Chelyabinsk Tube-Rolling
Plant

26.8%

Taric
additional
Code

A039

A040

A041

Others

26.8%

A999

(b) the following shall be added to the table at Article 2(4) of the same Regulation:

Country

Product manufacturer

Taric additional Code

Russia

Taganrog Metallurgical
Works

Pervouralsky Novotrubny

Chelyabinsk Tube-Rolling
Plant

A042

A043

A044

This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities.

Article 2

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

Done at Brussels,

For the Council
The

President

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ANNEX

Main elements of the production certificate*

a) The number of the certificate.

b)

Identification showing whether the certificate is an original or a copy.

c) The date of expiry of the certificate.

d) The following text:

“Production certificate authenticated by the Ministry of Trade of the Russian Federation
for monitoring pursuant to Article 2(2) of Regulation (EC) No 2320/97 for export to the
European Community within Taric additional Code XXXX of certain seamless steel
pipes and tubes.”

e) The name and full address of the relevant exporting producer, including telephone and
fax numbers and possible identification number such as national registration number for
incorporated companies.

f) The name and full address of the customer of the relevant exporting producer, including
telephone and fax numbers, to whom the Product has been sold and invoiced by this
exporting producer.

g) The number of the commercial invoice to which the production certificate relates.

h) The exact description of the goods, including:

- a product description sufficient to identify the Product, which will be identical to the

specifications on the invoice;

- CN code;

- quantity (in metric tonnes).

i) The following signed declaration by the exporting producer:

“I, the undersigned, certify that the sale for export to the European Community of the
goods covered by this certificate is being made within the scope and under the terms of
the Undertaking by <the relevant exporting producer>, and within the permitted volume
for anti-dumping duty free imports into the European Community set out
in the
Undertaking accepted by the Commission pursuant to Decision No (2000/XXX/EC). I
declare that the information provided in this certificate is complete and correct.”

j)

Space for stamp and signature of an authorised person of the Russian Ministry of Trade.

k) Space for use by the competent authorities of the Community.

*

Each box on the certificate will be in two languages, Russian and English.

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