2000/137/EC: Commission Decision of 17 February 2000 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and the Ukraine (notified under document number C(2000) 2712)
Date: 2000-02-17
Institutions: European Commission
Subjects: Croatia, Ukraine, anti-dumping duty, import, piping, tube

L 46/34

EN

Official Journal of the European Communities

18. 2. 2000

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 17 February 2000

accepting undertakings offered in connection with the anti-dumping proceeding concerning
imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and the
Ukraine

(notified under document number C(2000) 2712)

(2000/137/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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), as last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 8(1) thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

By Regulation (EC) No 1802/99 (3),
the Commission
imposed provisional anti-dumping duties on imports
into the Community of certain seamless pipes and tubes
of iron or non-alloy steel originating in Croatia and
Ukraine.

Following the adoption of the provisional anti-dumping
measures, the Commission continued the investigation
of dumping, injury and Community interest. The defin-
itive findings and conclusions of the investigation are set
out
in Council Regulation (EC) No 348/2000 (4)
imposing a definitive anti-dumping duty on imports of
certain seamless pipes and tubes originating in Croatia
and Ukraine.

(3)

The investigation confirmed the provisional findings of
injurious dumping relating to imports originating in
Croatia and Ukraine.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 218, 18.8.1999, p. 3.
(4) OJ L 45, 17.2.2000, p. 1.

(5)

(6)

(7)

(8)

Subsequent to the adoption of provisional anti-dumping
measures, the exporting producer in Croatia and the
exporting producers in the Ukraine in conjunction with
the Ukrainian authorities, have offered price undertak-
ings pursuant to Article 8(1) of the basic Regulation.

According to these undertakings, the exporting produ-
cers in question have offered to sell to their independent
customers, up to a certain quantity of
the product
to the Community at revised
concerned for export
prices. In addition, they have offered to ensure that their
prices per product group fall into line with the price
structure in use in the Community.

To ensure that the quantity of imports at revised prices
does not exceed the quantity offered by each under-
taking,
the exemption should be conditional on the
presentation to the Community customs of a valid orig-
inal production certificate issued in conformity with the
specifications
in the Council Regulation
imposing definitive anti-dumping measures.

set out

As regards Ukraine,
the undertaking offered by the
Ukrainian exporting producers is a joint one, reflecting
Ukraine's status as a non-market economy country, and
is underpinned by guarantees given by the Ukrainian
authorities to ensure adequate monitoring, particularly
with regard to the anti-dumping duty-free threshold.

carefully

Having
above mentioned
examined the
proposals, the Commission is satisfied that the elimina-
tion of the injurious effects of dumping will be achieved,
in case of acceptance, by two means: first, by means of a
price undertaking up to an annual volume threshold,
and then by means of an ad valorem duty for the
remainder.

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Official Journal of the European Communities

L 46/35

(9)

In addition, since the exporting producers and the
Ukrainian authorities have undertaken to submit detailed
and regular sales information to the Commission and
not to enter into direct or indirect compensatory agree-
ments with their customers in the Community, it has
been concluded that the observance of the undertaking
can be effectively monitored by the Commission.

(11)

In the event of a breach, or withdrawal of the under-
taking, or if there reasons to believe that the undertaking
has been breached, a provisional or definitive anti-
dumping duty may be imposed pursuant to Article 8(9)
and (10) of the basic Regulation,

HAS ADOPTED THIS DECISION:

Article 1

(10)

In view of the above, the undertakings offered by the
exporting producer in Croatia and by the exporting
producers in Ukraine are considered acceptable and the
investigation can, therefore, be terminated with respect
to the exporting producers concerned.

The undertakings offered by the producers mentioned below,
in the framework of the anti-dumping proceeding concerning
imports of certain seamless pipes and tubes, of iron or non-
alloy steel, originating in Croatia and Ukraine are hereby
accepted.

Country

Manufacturer

Taric additional code

Croatia

Ukraine

Zeljezara Sisak d.d., Sisak

Dnepropetrovsk Tube Works, Dnepropetrovsk

Nikopol Pivdennotrubny Works, Nikopol

Nizhnedneprovsky Tube Rolling Plant, Dnepropetrovsk

A064

A065

A066

A067

The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby
terminated with regard to the parties named in that Article.

Article 2

Done at Brussels, 17 February 2000.

For the Commission

Pascal LAMY

Member of the Commission