Commission Decision No 435/2001/ECSC of 2 March 2001 amending Decision No 2277/96/ECSC on protection against dumped imports from countries not members of the European Coal and Steel Community
Date: 2001-03-02
Institutions: European Commission
Subjects: ECSC, anti-dumping duty, dumping, import, import policy, third country

L 63/14

EN

Official Journal of the European Communities

3.3.2001

COMMISSION DECISION No 435/2001/ECSC

of 2 March 2001

amending Decision No 2277/96/ECSC on protection against dumped imports from countries not
members of the European Coal and Steel Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and
Steel Community, and in particular Article 74 thereof,

consistency in the application of the anti-dumping rules
provided under the EC Treaty and the ECSC Treaty
respectively. Decision No 2277/96/ECSC should there-
fore be amended accordingly,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Decision No 2277/96/ECSC (1), as amended
by Decision No 1000/1999/ECSC (2), sets out common
rules for protection against dumped imports from coun-
tries not members of
the European Coal and Steel
Community.

Article 2(7)(a) of Decision No 2277/96/ECSC provides
that, in the case of imports from non-market economy
countries and, in particular those listed in a footnote to
that paragraph, normal value is, inter alia, to be deter-
mined on the basis of the price or constructed value in
an analogue market economy third country.

Article 2(7)(b) of Decision No 2277/96/ECSC further
provides that, in the case of imports from the Russian
Federation and the People's Republic of China normal
value is to be determined in accordance with the rules
applicable to market economy countries in cases where
it can be shown that market economy conditions prevail
for one or more producers subject to investigation in
respect of the manufacture and sale of the like product
concerned.

The process of reform in Ukraine, Vietnam and Kazakh-
stan has fundamentally altered their economies and has
led to the emergence of
for which market
economy conditions prevail. Those three countries have,
as a result, moved away from the economic circum-
stances which inspired the use of the analogue country
method.

firms

of

anti-dumping practice
The European Community's
under Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports
from countries not members
European
Community (3), as last amended by Regulation (EC) No
2238/2000 (4) now takes account of
the changed
economic conditions in Ukraine, Vietnam and Kazakh-
stan. Regulation (EC) No 384/96 now also provides for
similar treatment to be granted to 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.

the

(6)

The relevant provisions of Decision No 2277/96/ECSC
should be aligned with those of Regulation (EC) No
in order to ensure
384/96 as a matter of urgency,

(1) OJ L 308, 29.11.1996, p. 11.
(2) OJ L 122, 12.5.1999, p. 35.
(3) OJ L 56, 6.3.1996, p. 1.
(4) OJ L 257, 11.10.2000, p. 2.

HAS ADOPTED THIS DECISION:

Article 1

Article 2(7) of Decision No 2277/96/ECSC is amended as
follows:

1. The footnote relating to the first subparagraph of subpara-

graph (a) is replaced by the following:

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

2. Subparagraph (b) is replaced by the following:

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

the manufacture and sale of

Article 2

This Decision shall apply to all anti-dumping investigations
initiated after the date on which it enters into force.

In the case of imports from non-market economy countries
which become members of the WTO after the date on which it
enters into force, this Decision shall apply to all anti-dumping
investigations concerning products originating in those coun-
tries which are initiated after the date of their accession to the
WTO.

Article 3

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

3.3.2001

EN

Official Journal of the European Communities

L 63/15

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

Done at Brussels, 2 March 2001.

For the Commission

Pascal LAMY

Member of the Commission