Council Regulation (EC) No 2238/2000 of 9 October 2000 amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community
Date: 2000-10-09
Institutions: Council of the European Union
Subjects: anti-dumping duty, anti-dumping legislation, common commercial policy, dumping, import, third country

L 257/2

EN

Official Journal of the European Communities

11.10.2000

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2238/2000

of 9 October 2000

amending Regulation (EC) No 384/96 on protection against dumped imports from countries not
members of the European Community

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

By Regulation (EC) No 384/96 (1) the Council adopted
common rules for protection against dumped imports
from countries which are not members of the European
Community.

Article 2(7) of Regulation (EC) No 384/96 lays down
that, in the case of imports from non-market-economy
countries and, in particular, those listed in a footnote to
that provision, normal value shall,
inter alia, be deter-
mined on the basis of the price or constructed value in
an analogous market-economy third country.

Article 2(7) of Regulation (EC) No 384/96 further lays
down that,
in the case of imports from the Russian
Federation and the People's Republic of China, normal
value may be determined in accordance with the rules
applicable to market-economy countries in cases where
it can be shown that market conditions prevail for one
or more producers subject to investigation in relation to
the manufacture and sale of the product concerned.

The process of reform in the Ukraine, Vietnam and
Kazakhstan has fundamentally altered the economies of
those countries and has led to the emergence of firms
for which market-economy conditions prevail. These
three countries have as a result moved away from the
economic circumstances which inspired the use of the
analogue-country method.

It
is appropriate to revise the Community's anti-
dumping practice in order to be able to take account of
the changed economic conditions
in the Ukraine,
Vietnam and Kazakhstan.

It
to
is also appropriate to grant similar treatment
imports from such countries which are members of the
World Trade Organisation (WTO) at the date of the
initiation of the relevant anti-dumping investigation,

Article 1

Article 2(7) of Regulation (EC) No 384/96 is amended as
follows:

— paragraph (b) is replaced by:

‘(b) In anti-dumping investigations concerning imports
from the Russian Federation, the People's Republic of
China, the Ukraine, Vietnam and Kazakhstan and any
non-market-economy country which is a member of
the WTO at the date of the initiation of the invest-
igation, normal value will be determined in accordance
with paragraphs 1 to 6, if it is shown, on the basis of
properly substantiated claims by one or more produ-
cers subject to the investigation and in accordance with
the criteria and procedures set out in subparagraph (c)
that market economy conditions prevail
this
producer or producers in respect of the manufacture
and sale of the like product concerned. When this is
not the case, the rules set out under subparagraph (a)
shall apply.’,

for

— the footnote is replaced by:

‘(*) Including Albania, Armenia, Azerbaijan, Belarus,
Georgia, North Korea, Kyrgyzstan, Moldova, Mongolia,
Tajikistan, Turkmenistan, Uzbekistan.’

Article 2

This Regulation applies to all anti-dumping investigations
initiated after the date of its entry into force. In the case of
imports from non-market-economy countries which become
members of the WTO after the entry into force of this Regula-
tion, it applies to all anti-dumping investigations concerning
products originating in those countries which are initiated after
the date of their accession to the WTO.

Article 3

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

This Regulation enters into force on the day following its
publication in the Official Journal of the European Communities.

11.10.2000

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Official Journal of the European Communities

L 257/3

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

Done at Luxembourg, 9 October 2000.

For the Council

The President

H. VÉDRINE