2000/247/EC: Commission Decision of 27 March 2000 terminating the anti-dumping proceeding concerning imports of yellow phosphorus originating in the People's Republic of China (notified under document number C(2000) 709)
Date: 2000-03-27
Institutions: European Commission
Subjects: China, anti-dumping legislation, originating product, phosphorus

28.3.2000

EN

Official Journal of the European Communities

L 77/23

COMMISSION DECISION

of 27 March 2000

terminating the anti-dumping proceeding concerning imports of yellow phosphorus originating in
the People's Republic of China

(notified under document number C(2000) 709)

(2000/247/EC)

known in writing and to request a hearing within the
time limit set out in the notice of initiation.

B. WITHDRAWAL OF THE COMPLAINT AND TERMIN-

ATION OF THE PROCEEDING

By letter of 9 February 2000 to the Commission, Therm-
phos International BV formally withdrew its complaint.

In accordance with Article 9(1) Regulation (EC) No 384/
96,
the proceeding may be terminated where the
complaint is withdrawn, unless such termination would
not be in the Community interest.

The Commission considered that this proceeding should
be terminated, since the investigation had not brought
to light any considerations showing that such termina-
tion would not be in the Community interest. Interested
parties were informed accordingly and were given the
opportunity to comment. No comments were received
indicating that such termination would not be in the
Community interest.

the anti-
The Commission therefore concludes that
dumping proceeding concerning imports
into the
Community of yellow phosphorus originating in the
People's Republic of China should be terminated without
the imposition of andi-dumping measures,

(6)

(7)

(8)

(9)

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of yellow
phosphorus,
code
ex 2804 70 00 and originating in the People's Republic of
China,

is hereby terminated.

classifiable within

currently

CN

Done at Brussels, 27 March 2000.

For the Commission

Pascal LAMY

Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 91(1) thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

A. PROCEDURE

On 30 November 1998, the Commission received a
complaint concerning the alleged injurious dumping
caused by imports of yellow phosphorus originating in
the People's Republic of China.

representing a major proportion of

The complaint was lodged by Thermphos International
the total
BV,
Community production of yellow phosphorus, within
the meaning of Articles 4(1) and 5(4) of Regulation (EC)
No 384/96.

The complaint contained prima facie evidence of the
injury resulting
existence of dumping and of material
therefrom, which was considered sufficient to justify the
initiation of an anti-dumping proceeding.

Accordingly, the Commission, after consultation, by a
notice published in the Official Journal of the European
Communities (3),
initiated an anti-dumping proceeding
concerning imports into the Community of yellow
phosphorus,
currently classifiable within CN code
ex 2804 70 00 and originating in the People's Republic
of China.

The Commission officially advised the exporting produ-
cers, importers and representative associations of impor-
ters or exporters known to be concerned, the representa-
tives of the exporting country, the representative users,
and the complainant Community producer. Interested
parties were given the opportunity to make their views

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ C 10, 14.1.1999, p. 3.