2000/523/EC: Commission Decision of 10 August 2000 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain malleable cast iron tube or pipe fittings originating in Brazil, Croatia, the Czech Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the Republic of Korea and Thailand and terminating the proceeding in respect of imports originating in Croatia and the Federal Republic of Yugoslavia (notified under document number C(2000) 2452)
Date: 2000-08-10
Institutions: European Commission
Subjects: anti-dumping legislation, import, originating product, piping, third country

18.8.2000

EN

Official Journal of the European Communities

L 208/53

COMMISSION DECISION

of 10 August 2000

accepting undertakings offered in connection with the anti-dumping proceeding concerning
imports of certain malleable cast iron tube or pipe fittings originating in Brazil, Croatia, the Czech
Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the Republic of
Korea and Thailand and terminating the proceeding in respect of imports originating in Croatia and
the Federal Republic of Yugoslavia

(notified under document number C(2000) 2452)

(2000/523/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

B UNDERTAKINGS

Having regard to the Treaty establishing the European
Community,

(4)

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) (the
basic Regulation), as last amended by Regulation (EC) No 905/
98 (2), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A PROCEDURE

(1)

(2)

(3)

By Regulation (EC) No 449/2000 (3), the Commission
imposed a provisional anti-dumping duty on imports
into the Community of certain malleable cast iron tube
or pipe fittings originating in Brazil, the Czech Republic,
Japan, the People's Republic of China, the Republic of
Korea and Thailand, but imposed no duties on imports
originating in Croatia and the Federal Republic of Yugo-
slavia because their market shares were found to be de
minimis, and accepted the price undertaking offered by
the exporting producer in the Czech Republic.

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
in Council Regulation (EC) No 1784/2000 (4)
out
imposing a definitive anti-dumping duty on imports of
certain malleable cast iron tube or pipe fittings origin-
ating in Brazil, the Czech Republic, Japan, the People's
Republic of China, the Republic of Korea and Thailand.

The investigation confirmed the provisional findings of
injurious dumping relating to imports originating in
Brazil, the Czech Republic, Japan, the People's Republic
of China, the Republic of Korea and Thailand.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 55, 29.2.2000, p. 3.
(4) See page 8 of this Official Journal.

(5)

(6)

(7)

Following the adoption of provisional anti-dumping
measures, the only cooperating exporting producer in
the Republic of Korea and one of
the cooperating
exporting producers in Thailand, offered acceptable price
undertakings (within the meaning of Article 8(1) of the
Basic Regulation).

According to those undertakings, the exporting produ-
cers in question have offered to sell to their unrelated
customers at minimum prices.

The Commission considers that the undertakings offered
by the exporting producers concerned can be accepted
since they eliminate the injurious effect of the dumping
by means of minimum prices established for each
product type and an ad valorem duty for the types which
were not exported to the Community during the invest-
the regular and detailed
igation period. Moreover,
reports of their sales which the companies have under-
taken to provide to the Commission will allow effective
monitoring. Furthermore, the sales structure of these
exporting producers
the Commission
considers that the risk of circumvention of the agreed
undertakings is limited.

such that

is

In order to ensure observance of the undertakings and
their effective monitoring, when the request for release
for free circulation pursuant
to the undertakings is
presented, exemption from duty is conditional upon
presentation to the relevant Member States' customs'
issued by the
sevices of valid ‘undertaking invoice’
exporting producers from whom the undertaking is
accepted and containing the information listed in the
Annex to Regulation (EC) 1784/2000. Where no such
invoice is presented or when it does not correspondent
to the product presented to the customs' services, the
appropriate rate of anti-dumping duty shall be payable
in order to avoid circumvention of the undertakings.

(8)

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

L 208/54

EN

Official Journal of the European Communities

18.8.2000

C TERMINATION OF THE PROCEEDING

(9)

As regards Croatia and the Federal Republic of Yugoslavia, the volumes of imports originating in
those countries were considered negligible in accordance with Articles 9(3) and 5(7) of the basic
Regulation. Accordingly, the proceeding should be terminated with respect to imports originating in
these two countries,

HAS DECIDED AS FOLLOWS:

Article 1

The undertakings offered by the producers listed below, in the context of the anti-dumping proceeding
concerning imports of certain malleable cast iron tube or pipe fittings originating in Brazil, Croatia, the
Czech Republic, the Federal Republic of Yugoslavia, Japan, the People's Republic of China, the Republic of
Korea and Thailand are hereby accepted.

Country

Manufacturer

Taric additional code

Republic of Korea

Yeog Hwa Metal Co. Ltd.
363-6, Namyang-dong, Chinhae,
Kyongman, Korea

Thailand

BIS Pipe Fitting Industry Company Ltd.
107 Moo 4, Petchkasem Road, Omnoi, Kratumban
Samutsakorn 74130, Thailand

A093

A094

The anti-dumping proceeding concerning imports of certain malleable cast iron tube or pipe fittings
originating in Croatia and the Federal Republic of Yugoslavia is herby terminated.

Article 2

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

Article 3

Done at Brussels, 10 August 2000.

For the Commission

Pascal LAMY

Member of the Commission