Council Regulation (EC) No 963/2002 of 3 June 2002 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: 2002-06-03
Institutions: Council of the European Union
Subjects: anti-dumping duty, anti-dumping measure, anti-subsidy proceeding, complaint to the Commission

7.6.2002

EN

Official Journal of the European Communities

L 149/3

COUNCIL REGULATION (EC) No 963/2002

of 3 June 2002

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

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)

(2)

(3)

(4)

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

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

The Commission has adopted a number of anti-dumping
measures pursuant to Commission Decision No 2277/
96/ECSC of 28 November 1996 on protection against
dumped imports from countries not members of the
European Coal and Steel Community (basic anti-
dumping Decision) (1). 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 investigations).
Similarly, complaints or other applications for the initia-
tion of an investigation filed pursuant to the provisions
of the basic anti-dumping Decision may be pending at
the date of the expiry of the ECSC Treaty (pending
anti-dumping applications).

It is therefore appropriate to provide for the continued
application of ECSC anti-dumping measures under
Council Regulation (EC) No 384/96 of 22 December
1995 on protection against dumped imports from coun-
tries not members of the 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 investigation
should be subject to the provisions of the basic anti-

(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 Regula-

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

(5)

(6)

(7)

the
dumping Regulation. Similarly, after the date of
expiry of
the ECSC Treaty, pending anti-dumping
applications should be dealt with pursuant to the provi-
sions of the basic anti-dumping Regulation.

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 proce-
dure, practically identical to those of the basic anti-
dumping Regulation.

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
Steel Community (basic anti-subsidy Decision) (3). Meas-
ures are normally imposed for a 5-year period in accord-
ance 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
the end of
that 5-year period (ECSC countervailing
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
the basic anti-subsidy
Decision may be pending at the date of the expiry of the
ECSC Treaty (pending anti-subsidy applications).

to the provisions of

It
the
is therefore also appropriate to provide for
continued application of ECSC countervailing measures
under Council Regulation (EC) No 2026/97 on protec-
tion against subsidised imports from countries not
members of
the European Community (basic anti-
subsidy Regulation) (4) after the date of the expiry of the
ECSC Treaty and to apply from then onwards the provi-
sions of the basic anti-subsidy Regulation to such meas-
ures. 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 investigation should be subject to
the provisions of the basic anti-subsidy Regulation. Simi-
larly, after the date of the expiry of the ECSC Treaty,
pending anti-subsidy applications should be dealt with
pursuant
the basic anti-subsidy
Regulation.

to the provisions of

(3) OJ L 245, 4.9.1998, p. 3.
(4) OJ L 288, 21.10.1997, p. 1.

L 149/4

EN

Official Journal of the European Communities

7.6.2002

(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 to those of the basic anti-subsidy
Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

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

2.
In calculating the date on which the anti-dumping meas-
ures set out in Annex I shall expire pursuant to Article 11(2) of
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
Decision No 2277/96/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 that date, shall
be continued and shall be governed by the provisions of Regu-
lation (EC) No 384/96 with effect from 24 July 2002. Any
anti-dumping measures resulting from such pending anti-

dumping investigations, complaints or applications shall be
governed by the provisions of Regulation (EC) No 384/96.

Article 2

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

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

3.
Any investigation which has been initiated pursuant to
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
Regulation (EC) No 2026/97 with effect from 24 July 2002.
Any countervailing measures resulting from such pending anti-
subsidy investigations, complaints or applications shall be
governed by the provisions of Regulation (EC) No 2026/97.

This Regulation shall enter into force on 24 July 2002.

Article 3

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

Done at Luxembourg, 3 June 2002.

For the Council

The President

J. C. APARICIO PÉREZ

ANNEX I

ECSC anti-dumping measures in force on 23 July 2002

Product

Decision No

CN code
TARIC code

Origin

Manufacturers
(additional TARIC code)

Level of duty

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, p. 30)

2704 00 19
(2704 00 19 10)

People's Republic of China

All companies

EUR 32,6 per tonne
of dry net weight

Flat-rolled products of iron or non-alloy
steel (hot rolled coils)

Commission Decision No 283/2000/
ECSC 4.2.2000 (OJ L 31, 5.2.2000,
(corrected by Decision No
p. 15)
(OJ L
2009/2000/ECSC 22.9.2000)
240, 23.9.2000, p. 12)
last
amended by Decision No 1357/2001/
ECSC 4.7.2001 (OJ L 182, 5.7.2001,
p. 27)

as

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)

7,5 %
Undertaking

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

0

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

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

5,2 %
37,8 %
Undertaking

China Steel Corp. (A080)
Yieh Loong
(A081)
All companies (A999)

Enterprise Co.,

2,7 %
2,1 %

Ltd

24,9 %

15,4 %

Yougoslavia (FR)

All companies

Grain-oriented electrical steel sheets

Commission Decision 303/96/ECSC
19.2.1996 (OJ L 42, 20.2.1996, p. 7)

7225 11 00
7226 11 10

Russia

All companies (8877)
Novolipetsk Iron and Steel Corp.
(8878)
OOO VIZ-STAL (8878)
VO (cid:1)Promsyrioimport(cid:1) (8878)

40,1 %
Undertaking

Undertaking
Undertaking

.

.

7
6
2
0
0
2

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

L

1
4
9
/
5

Product

Decision No

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

Commission Decision No 1758/
2000/ECSC 9.8.2000 (OJ L 202,
10.8.2000, p. 21)

CN code
TARIC code

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)

Origin

Manufacturers
(additional TARIC code)

Level of duty

People's Republic of China

All companies

8,1 %

India

Romania

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

22,3 %
Undertaking

SA

Business Group

Sidex SA (A069)
All other companies (A999)
Sidex Trading SRL (A179)
Metalexportimport SA (A179)
Metanef SA (A179)
Metagrimex
(A179)
Uzinsider SA (A179)
Uzinexport SA (A179)
Shiral Trading Impex SRL (A179)
Metaltrade
(A179)
Romilexim Trading
(A179)
Metal SA (A179)

International

Limited

'97 SRL

SRL

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

Undertaking
Undertaking
Undertaking
Undertaking

Undertaking

Undertaking

L

1
4
9
/
6

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

.

.

7
6
2
0
0
2

ANNEX II

ECSC ANTI-SUBSIDY MEASURES IN FORCE ON 23 JULY 2002

Product

Decision No

CN code

Origin

Manufacturers and/or TARIC code
(additional TARIC code)

Level of duty

.

.

7
6
2
0
0
2

Flat-rolled products of iron or non-alloy steel
(hot-rolled coils)

Commission Decision No 284/2000/ECSC
4.2.2000 (OJ L 31 du 5.2.2000, p. 44)
corrected by Commission Decision No 2071/
2000/ECSC 29.9.2000
du
30.9.2000, p. 32)

246

(OJ

L

India

Taiwan

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

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)

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

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

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

L

1
4
9
/
7