Proposal for a Council Regulation laying down transitional provisions concerning anti-dumping and anti-subsidy measures adopted pursuant to Commission Decisions No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping and anti-subsidy investigations, complaints and applications pursuant to those Decisions
Date: 2002-04-16
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, anti-dumping measure, anti-subsidy proceeding, complaint to the Commission

C 203 E/82

EN

Official Journal of the European Communities

27.8.2002

Proposal for a Council Regulation laying down transitional provisions concerning anti-dumping
and anti-subsidy measures adopted pursuant to Commission Decisions No 2277/96/ECSC and No
1889/98/ECSC as well as pending anti-dumping and anti-subsidy investigations, complaints and
applications pursuant to those Decisions

(2002/C 203 E/13)

COM(2002) 194 final

(Submitted by the Commission on 16 April 2002)

THE COUNCIL OF THE EUROPEAN UNION,

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) The Treaty establishing the European Coal and Steel
Community (‘ECSC Treaty’) will expire on 23 July 2002.

(2) Products which are currently covered by the ECSC Treaty
will be subject to the Treaty establishing the European
Community as of 24 July 2002.

to

pursuant

(3) The Commission has adopted a number of anti-dumping
measures
Commission Decision No
2277/96/ECSC on protection against dumped imports
from countries not members of the European Coal and
(‘Basic Anti-Dumping Decision’) (1).
Steel Community
Measures are normally imposed for a 5-year-period in
accordance with Article 11(2) of the Basic Anti-Dumping
Decision. However, some of these measures will not, at the
date of the expiry of the ECSC Treaty, have reached the end
of
that 5-year-period (‘ECSC anti-dumping measures’).
Some investigations, initiated pursuant to the Basic Anti-
Dumping Decision, may also be pending at the date of the
expiry of the ECSC Treaty (‘pending anti-dumping investi-
gations’). Similarly, complaints or other applications for the
initiation of
to the
provisions of the Basic Anti-Dumping Decision may be
pending at the the date of the expiry of the ECSC Treaty
(‘pending anti-dumping applications’).

an investigation filed pursuant

of

ECSC anti-dumping measures

(4) It is therefore appropriate to provide for the continued
application
under
Council Regulation (EC) No 384/96 on protection against
the
dumped imports from countries not members of
European Community (‘Basic Anti-Dumping Regulation’) (2)
after the date of the expiry of the ECSC Treaty and to apply
from then onwards the provisions of
the Basic Anti-
Dumping Regulation to such measures. Any pending anti-
dumping investigation should after the date of the expiry of
the ECSC Treaty be continued and concluded pursuant to
the provisions of the Basic Anti-Dumping Regulation and
any anti-dumping measures resulting from such an inves-
tigation should be subject to the provisions of the Basic
Anti-Dumping Regulation. Similarly, after the date of the
anti-dumping
the
expiry
of
applications
to the
should be dealt with pursuant
provisions of the Basic Anti-Dumping Regulation.

ECSC Treaty

pending

(5) In this context, it should be noted that the provisions of
the Basic Anti-Dumping Decision are, with the exception
of those on the Community's decision-making procedure,
practically identical to those of the Basic Anti-Dumping
Regulation.

(6) The Commission has also adopted a number of counter-
vailing measures pursuant
to Commission Decision No
1889/98/ECSC on protection against subsidised imports
from countries not members of the European Coal and
(‘Basic Anti-Subsidy Decision’) (3).
Steel Community
Measures are normally imposed for a 5-year-period in
accordance with Article 18(1) of the Basic Anti-Subsidy
Decision. However, some of these measures will not, at
the date of the expiry of the ECSC Treaty, have reached
that 5-year-period (‘ECSC countervailing
the
measures’). Some investigations,
initiated pursuant to the
Basic Anti-Subsidy Decision, may also be pending at the
date of the expiry of the ECSC Treaty (‘pending anti-subsidy
investigations’). Similarly, complaints or other applications
for the initiation of an investigation filed pursuant to the
provisions of
the Basic Anti-Subsidy Decision may be
pending at the date of the expiry of the ECSC Treaty
(‘pending anti-subsidy applications’).

end of

(1) OJ L 308, 29.11.1996, p. 11. Decision as last amended by
Commission Decision No 435/2001/ECSC (OJ L 63, 3.3.2001,
p. 14).

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

(EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

(3) OJ L 245, 4.9.1998, p. 3.

27.8.2002

EN

Official Journal of the European Communities

C 203 E/83

(7) It is therefore also appropriate to provide for the continued
application of ECSC countervailing measures under Council
Regulation (EC) No 2026/97 on protection against
subsidised imports from countries not members of
the
European Community (‘Basic Anti-Subsidy Regulation’) (1)
after the date of the expiry of the ECSC Treaty and to
apply from then onwards the provisions of the Basic Anti-
Subsidy Regulation to such measures. Any pending anti-
subsidy investigation should after the date of the expiry of
the ECSC Treaty be continued and concluded pursuant to
the provisions of the Basic Anti-Subsidy Regulation and
any countervailing measures resulting from such an inves-
tigation should be subject to the provisions of the Basic
Anti-Subsidy Regulation. Similarly, after the date of the
the
anti-subsidy
of
expiry
applications
to the
should be dealt with pursuant
provisions of the Basic Anti-Subsidy Regulation.

ECSC Treaty

pending

pending on 23 July 2002, or any complaint or application
for
still
the initiation of such an investigation which is
pending on that date shall be continued and shall be
governed by the provisions of Council Regulation (EC) No
from 24 July 2002. Any anti-dumping
384/96 with effect
measures resulting from such pending anti-dumping investi-
gations, complaints or applications shall be governed by the
provisions of Council Regulation (EC) No 384/96.

Article 2

Countervailing measures which have been adopted
1.
pursuant
to Commission Decision No 1898/98/ECSC and
which are still in force on 23 July 2002 (the countervailing
measures mentioned in Annex II), shall be continued and shall
be governed by the provisions of Council Regulation (EC) No
2026/97 with effect from 24 July 2002.

(8) In this context, it should be noted that the provisions of
the Basic Anti-Subsidy Decision are, with the exception of
those on the Community's decision-making procedure,
practically identical
the Basic Anti-Subsidy
Regulation,

to those of

In calculating the date on which the anti-subsidy
2.
measures in Annex II shall expire pursuant to Article 18(1)
of Council Regulation (EC) No 2026/97, regard shall be had
to the original date of entry into force of those measures.

HAS ADOPTED THIS REGULATION:

Article 1

Anti-dumping measures which have been adopted
1.
to Commission Decision No 2277/96/ECSC and
pursuant
which are still
in force on 23 July 2002 (the anti-dumping
measures mentioned in Annex I), shall be continued and
shall be governed by the provisions of Council Regulation
(EC) No 384/96 with effect from 24 July 2002.

2.
In calculating the date on which the anti-dumping
measures in Annex I shall expire pursuant to Article 11(2) of
Council Regulation (EC) No 384/96, regard shall be had to the
original date of entry into force of those measures.

3.
Any investigation which has been initiated pursuant to
Commission Decision No 1898/98/ECSC and which is still
pending on 23 July 2002, or any complaint or application
for
the initiation of such an investigation, which is still
pending on 23 July 2002 shall be continued and shall be
governed by the provisions of Council Regulation (EC) No
2026/97 with effect from 24 July 2002. Any countervailing
measures resulting from such pending anti-subsidy investi-
gations, complaints or applications shall be governed by the
provisions of Council Regulation (EC) No 2026/97.

Article 3

This Regulation shall enter into force on 24 July 2002.

3.
Any investigation, which has been initiated pursuant to
Commission Decision No 2277/96/ECSC and which is still

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

(1) OJ L 288, 21.10.1997, p. 1.

ANNEX I

ECSC anti-dumping measures in force on 23 July 2002

Origin

Manufacturers
(additional TARIC code)

Level of duty

P.R. China

All companies

EUR 32,6 per tonne of dry
net weight

Product

Regulation

Coke of coal in pieces with
a diameter of more than
80 mm

Commission Decision No
2730/2000/ECSC 14.12.2000
(OJ L 316, 15.12.2000)

Flat rolled products of iron
or
(hot
rolled coils)

non-alloy

steel

Commission Decision No
283/2000/ECSC 4.2.2000
(OJ L 31, 5.2.2000)
(corrected by Decision No
2009/2000/ECSC 22.9.2000)
(OJ L 240, 23.9.2000)
as last amended by Commission
Decision No 1357/2001/ECSC
4.7.2001
(OJ L 182, 5.7.2001)

CN-Code
(TARIC code)

2704 00 19
(2704 00 19 10)

7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 10
7208 37 90
7208 38 10
7208 38 90
7208 39 10
7208 39 90

Bulgaria

India

South Africa

Taiwan

All companies (A999)
Kremikovtzi Corp. (A082)

Tata Iron & Steel Company Ltd (A078)
All other companies (A999)
Essar Steel Ltd (A083)
Steel Authority of India Ltd (A084)
Jindal Vijayanagar Steel Ltd (A270)
Ispat Industries Ltd (A204)

Iscor Ltd. (A079)
All other companies (A999)
Highveld Steel & Vanadium Corp. (A085)

China Steel Corp. (A080)
Yieh Loong Enterprise Co., Ltd (A081)
All other companies (A999)

Yugoslavia (FR)

All companies

Grain-oriented
steel sheets

electrical

Commission Decision No
303/96/ECSC 19.2.1996
(OJ L 42, 20.2.1996)

7225 11 00
7226 11 10

Russia

All companies (8877)
Novolipetsk Iron and Steel Corp. (8878)
OOO VIZ-STAL (8878)
VO ‘Promsyrioimport’ (8878)

Hot-rolled flat products of
non-alloy
(quarto
steel
plates)

Commission Decision No
1758/2000/ECSC 9.8.2000
(OJ L 202, 10.8.2000)

ex 7208 51 30

(7208 51 30 10)

ex 7208 51 50

(7208 51 50 10)

ex 7208 51 91

(7208 51 91 10)

ex 7208 51 99

(7208 51 99 10)

ex 7208 52 91

(7208 52 91 10)

P.R. China

All companies

India

Romania

All companies (A999)
Steel Authority of India (A178)

Sidex SA (A069)
All other companies (A999)
Sidex Trading SRL (A179)
Metalexportimport SA (A179)
Metanef SA (A 179)
Metagrimex Business Group SA (A179)
Uzinsider SA (A179)
Uzinexport SA (A179)
Shiral Trading Impex SRL (A179)
Metaltrade International '97 SRL (A179)
Romilexim Trading Limited SRL (A179)
Metal SA (A179)

C

2
0
3
E
/
8
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

.

.

2
7
8
2
0
0
2

7,5 %
Undertaking

0
10,7 %
Undertaking/1,5 %
Undertaking/11,5 %
18,1 %
Undertaking/15 %

5,2 %
37,8 %
Undertaking

2,7 %
2,1 %
24,9 %

15,4 %

40,1 %
Undertaking
Undertaking
Undertaking

8,1 %

22,3 %
Undertaking

Undertaking/5,7 %
11,5 %
Undertaking
Undertaking
Undertaking
Undertaking
Undertaking
Undertaking
Undertaking
Undertaking
Undertaking
Undertaking

ANNEX II

ECSC anti-subsidy measures in force on 23 July 2002

Product

Regulation

CN-Code

Origin

Manufacturers and/or TARIC code
(additional TARIC code)

Level of duty

.

.

2
7
8
2
0
0
2

Flat rolled products of iron
or
(hot
rolled coils)

non-alloy

steel

Commission Decision No
284/2000/ECSC 4.2.2000
(OJ L 31, 5.2.2000)
corrected by Commission
Decision No 2071/2000/ECSC
29.9.2000
(OJ L 246, 30.9.2000)

7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 10
7208 37 90
7208 38 10
7208 38 90
7208 39 10
7208 39 90

India

Taiwan

Essar Steel Ltd (A119)
The Steel Authority of India Ltd (A120)
Tata Iron & Steel Company Ltd (A121)
All other companies (A999)
Essar Steel Ltd (A083)
The Steel Authority of India Ltd (A084)
Tata Iron & Steel Company Ltd (A075)

China Steel Corp. (A071)
Yieh Loong Enterprise Co., Ltd. (A072)
All other companies (A999)

4,9 %
12,3 %
6,4 %
13,1 %
Undertaking
Undertaking
Undertaking

4,4 %
0
4,4 %

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

C

2
0
3
E
/
8
5