Proposal for a Council Regulation amending Council Regulation (EC) No 763/2000 extending the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters
Date: 2000-09-21
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, import, originating product, piping

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.09.2000
COM(2000) 587 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 763/2000 extending the definitive anti-dumping
duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe
fittings, of iron or steel, originating in the People's Republic of China to imports of
certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared
as originating in Taiwan or not, and terminating the investigation in respect of imports
from three Taiwanese exporters

(presented by the Commission)

EXPLANATORY MEMORANDUM

Attached is a proposal for a Council Regulation amending Council Regulation (EC)
No 763/2000 which extends the definitive anti-dumping duty, imposed by Regulation (EC)
No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the
People’s Republic of China to imports of certain tube and pipe fittings, of iron or steel,
consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the
investigation in respect of imports from three Taiwanese exporters.

It was found that
the text of the Regulation, as it stands, does not allow products
manufactured by the excepted producers and exported through a third party trader to be
exempted from the extension of the duty.

Consequently, it was concluded that the text of the Council Regulation in question should be
amended in order to enable the application of an exemption of the duty to products
manufactured by the excepted producers and exported to the Community market by third
party traders.

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Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 763/2000 extending the definitive anti-dumping
duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe
fittings, of iron or steel, originating in the People's Republic of China to imports of
certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared
as originating in Taiwan or not, and terminating the investigation in respect of imports
from three Taiwanese exporters

THE COUNCIL OF THE EUROPEAN UNION,

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),

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

Whereas:

(1)

(2)

(3)

(4)

(5)

1

2

3

Council Regulation (EC) No 763/2000(2) (the Regulation) extended the definitive anti-
dumping duty of 58.6% imposed by Council Regulation (EC) No 584/96(3) to imports
of the same product consigned from Taiwan, whether the product is declared as
originating in Taiwan or not, with the exception of products manufactured and
exported by the three cooperating Taiwanese exporters.

is the consistent practice of the Community Institutions to individualise anti-

It
dumping measures in respect of goods manufactured by individual concerns.

The text of Article 1 of the Regulation limits the exemption from the extension of the
duties to products manufactured and directly sold to the Community by the three
cooperating Taiwanese exporters concerned.

On the basis of the findings of the relevant investigation, it appears appropriate that
the scope of the exemption encompass all export sales of the product manufactured by
the exporters concerned, either directly or through a third party trader.

Article 1 of the Regulation should therefore be amended in order to make the
exemption applicable to products manufactured by the three cooperating Taiwanese

OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No 905/98 (OJ L 128, 30.4.1998,
p. 18).
OJ L 94, 14.4.2000, p. 1.
OJ L 84, 3.4.1996, p. 1.

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producers, irrespective of the identity of the operator responsible for exporting the
goods to the Community,

HAS ADOPTED THIS REGULATION:

Council Regulation (EC) 763/2000 is hereby modified as follows:

Article 1, paragraphs 1 and 2, shall be replaced by the following:

Article 1

ex

(TARIC code

7307 93 11 90),

1. The definitive anti-dumping duty imposed by Regulation (EC) No 584/96 on
imports of certain tube and pipe fittings of iron and steel falling within CN codes ex
7307 93 11
(TARIC code
7307 93 19 90), ex 7307 99 30 (TARIC code 7307 99 30 91) and ex 7307 99 90
(TARIC code 7307 99 90 91) originating in the People's Republic of China, is hereby
extended to imports of the same fittings consigned from Taiwan (whether these
fitting are declared as originating in Taiwan or not) (TARIC additional code A999),
with the exception of those produced by Chup Hsin Enterprise Co. Ltd, Kaohsiung
(Taiwan) (TARIC additional code A098), Rigid Industries Co., Ltd, Kaohsiung
(Taiwan) (TARIC additional code A099) and Niang Hong Pipe Fittings Co., Ltd,
Kaohsiung (Taiwan) (TARIC additional code A100).

7307 93 19

2. The duty extended by paragraph 1 of this Article shall be collected on imports
registered in accordance with Article 2 of Regulation (EC) No 1683/1999 and
Articles 13(3) and 14(5) of Regulation (EC) No 384/96, with the exception of those
produced by Chup Hsin Enterprise Co. Ltd, Rigid Industries Co., Ltd and Niang
Hong Pipe Fittings Co., Ltd, Kaohsiung (Taiwan).

This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities. It shall apply with effect from 15 April 2000.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

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