Council Regulation (EC) No 190/2000 of 24 January 2000 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: 2000-01-24
Institutions: Council of the European Union
Subjects: Russia, anti-dumping duty, import, originating product, piping, tube

28. 1. 2000

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 190/2000

of 24 January 2000

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,

B. INTERIM REVIEW

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 8(1) thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

The Council, by Regulation (EC) No 2320/97 (2) (herein-
after 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
the Czech
originating in Hungary, Poland, Russia,
Republic, Romania and the Slovak Republic. Most
exporting producers in the above countries offered
undertakings. These undertakings were accepted by
Commission Decision 97/790/EC (3). Consequently, their
exports are partially exempted form the anti-dumping
duties.

In the case of Russia, the undertaking offered was not
accepted by the Commission as it did not contain the
ncessary guarantees on the part of the Russian authori-
ties to allow adequate monitoring and an ad valorem
anti-dumping duty of 26,8 % was imposed.

(87) of

Recital
the definitive Regulation provided,
however, 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 accep-
tance of an undertaking were met.

(1) 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).

(2) OJ L 322, 25.11.1997, p. 1.
(3) OJ L 322, 25.11.1997, p. 63.

(4)

(5)

(6)

(7)

The Russian authorities having subsequently stated that
they would provide new guarantees, the Commission
accordingly initiated an interim review (4) pursuant to
Article 11(3) of Regulation (EC) No 384/96 (hereinafter
referred to as the ‘basic Regulation’), limited in scope to
the examination of the acceptability of an undertaking
from the Russian exporting producers concerned.

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 addi-
tion, 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.

for

The Russian Ministry of Trade has undertaken to control
and authenticate production certificates
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,
for
which the goods are destined and the details lsited in the
Annex to this Regulation.
the
Commission shall make a determination as to the certifi-
cate's validity, and take measures as appropriate,
in
accordance with Article 8(9) and (10) of the basic Regu-
lation.

the product concerned,

In cases of doubt,

the customer

(4) OJ C 77, 20.3.1999, p. 6.

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Official Journal of the European Communities

28. 1. 2000

(8)

(9)

Having carefully examined the situation, the Commission accepted the undertaking by Commission
Decision 2000/70/EC (1).

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:

(a) at Article 1(2), that part of the table referring to Russia shall be replaced by:

Article 1

‘Country

Product manufacturer

Rate of duty

Russia

Taganrog metallurgical works

Pervouralsky Novotrubny

Chelyabinsk tube-rolling plant

Others

26,8 %

26,8 %

26,8 %

26,8 %

TARIC
additional code

A039

A040

A041

A999’

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

‘Country

Product manufacturer

TARIC additional code

Russia

Taganrog metallurgical works

Pervouralsky Novotrubny

Chelyabinsk tube-rolling plant

A042

A043

A044’

This Reglation 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, 24 January 2000.

For the Council

The President

J. GAMA

(1) See page 78 of this Official Journal.

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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 2000/70/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.