2000/315/EC: Commission Decision of 28 April 2000 terminating the review investigation, pursuant to Article 12 of Council Regulation (EC) No 384/96, of the anti-dumping measures applicable to imports of stainless steel fasteners and parts thereof originating in Malaysia and Thailand (notified under document number C(2000) 1132)
Date: 2000-04-28
Institutions: European Commission
Subjects: Malaysia, Thailand, anti-dumping legislation, manufactured goods, originating product, steel

29.4.2000

EN

Official Journal of the European Communities

L 104/87

COMMISSION DECISION

of 28 April 2000

terminating the review investigation, pursuant to Article 12 of Council Regulation (EC) No 384/96,
of the anti-dumping measures applicable to imports of stainless steel fasteners and parts thereof
originating in Malaysia and Thailand

(notified under document number C(2000) 1132)

(2000/315/EC)

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 Council Regulation (EC) No 905/98 (2), and in
particular Articles 9 and 12 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

On 22 March 1999, the Commission received a request
pursuant to Article 12 of Regulation (EC) No 384/96 to
investigate whether the anti-dumping duties imposed by
Council Regulation (EC) No 393/98 (3) on imports of
stainless steel fasteners and parts thereof originating in
Malaysia and Thailand have had effects on resale prices
or subsequent selling prices in the Community.

The request was lodged by the European Industrial
Fasteners
Institute (EIFI), on behalf of Community
producers representing a major proportion of the total
Community production of stainless steel fasteners and
parts thereof pursuant to Articles 4(1) and 5(4) of Regu-
lation (EC) No 384/96 (hereinafter referred to as the
‘basic Regulation’).

The request contained prima facie information showing
that the anti-dumping duties imposed on the product
under investigation originating in Malaysia and Thailand
have led to no movement, or insufficient movement, in
resale prices or
in the
Community, and that
the anti-
this
dumping duties have been borne, wholly or partly, by
the respective producers/exporters, which was consid-
to justify the initiation of a review
ered sufficient
proceeding.

indicated that

selling prices

subsequent

The Commission,
consultation, by a notice
published in the Official Journal of the European Communi-
ties (4),
review investigation

accordingly initiated a

after

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 50, 20.2.1998, p. 1; corrigendum: OJ L 148, 19.5.1998, p. 48.
(4) OJ C 125, 6.5.1999, p. 12.

to Article 12 of

pursuant
the basic Regulation
concerning imports into the Community of stainless
steel fasteners and parts thereof, currently classifiable
within CN codes 7318 12 10, 7318 14 10, 7318 15 30,
7318 15 51, 7318 15 61, 7318 15 70 and 7318 16 30
and originating in Malaysia and Thailand.

The Commission officially advised the exporting produ-
cers known to be concerned, the representatives of the
exporting country and the complainant Community
producers. Interested parties were given the opportunity
to make their views known in writing and to request a
hearing within the time limit set out in the notice of
initiation.

B. WITHDRAWAL OF THE REQUEST AND TERMINA-

TION OF THE INVESTIGATION

By a letter of 12 January 2000 to the Commission, the
formally
European Industrial Fasteners Institute (EIFI)
withdrew its review request concerning imports of stain-
less steel
fasteners and parts thereof originating in
Malaysia and Thailand, in view of the current market
situation.

In cases where the Community industry withdraws its
request for a review, the proceeding may be terminated
unless such termination would not be in the Community
interest.

the present

invest-
The Commission considered that
igation should be terminated since it had not brought to
light any considerations showing that such termination
would not be in the Community interest.
Interested
parties were informed accordingly and were given the
opportunity to comment. No comments were received
in reply, indicating that such a termination would not be
contrary to the Community interest.

The Commission therefore concludes that the review
investigation pursuant to Article 12 of the basic Regula-
tion concerning imports into the Community of stain-
less steel
fasteners and parts thereof originating in
Malaysia and Thailand should be terminated,

(5)

(6)

(7)

(8)

(9)

L 104/88

EN

Official Journal of the European Communities

29.4.2000

HAS DECIDED AS FOLLOWS:

Sole Article

The review investigation pursuant to Article 12 of Regulation (EC) No 384/96 concerning imports of
stainless steel fasteners and parts thereof, currently classifiable within CN codes 7318 12 10, 7318 14 10,
7318 15 30, 7318 15 51, 7318 15 61, 7318 15 70 and 7318 16 30 and originating in Malaysia and
Thailand,

is hereby terminated.

Done at Brussels, 28 April 2000.

For the Commission

Pascal LAMY

Member of the Commission