Proposal for a Council Regulation terminating a 'new exporter' review of Council Regulation (EC) No 1600/1999 imposing definitive anti-dumping duties on imports of stainless steel wire with a diameter of 1mm or more originating in India, re-imposing the duty with regard to imports from one exporter in this country and terminating the registration of these imports
Date: 2002-12-10
Institutions: European Commission
Subjects: India, anti-dumping duty, customs regulations, import (EU), steel, wire

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.12.2002
COM(2002) 686 final

Proposal for a

COUNCIL REGULATION

terminating a 'new exporter' review of Council Regulation (EC) No 1600/1999 imposing
definitive anti-dumping duties on imports of stainless steel wire with a diameter of 1mm
or more originating in India, re-imposing the duty with regard to imports from one
exporter in this country and terminating the registration of these imports

(presented by the Commission)

EXPLANATORY MEMORANDUM

In July 1999 the Council imposed a definitive anti-dumping duty on imports of stainless steel
wires with a diameter of 1mm or more. Following the imposition of these measures, the
to Article 11(4) of
Commission initiated upon request a new exporter review pursuant
Regulation 384/96 with regard to the anti-dumping duty in force.

After receiving the questionnaire, Garg Sales Co. PVT. Ltd., the applicant, finally decided not
to respond, and thus failed to co-operate with the investigation. Therefore, its request could
not be examined further.

During the meeting of the Anti-Dumping Committee on 15 October 2002, all the Member
States agreed with the proposal to terminate the above mentioned review.

Accordingly it is proposed to the Council to terminate the review of Council Regulation (EC)
n° 1600/1999 imposing a definitive anti-dumping duty on imports of stainless steel wire
having a diameter of 1 mm or more originating in India.

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Proposal for a

COUNCIL REGULATION

terminating a 'new exporter' review of Council Regulation (EC) No 1600/1999 imposing
definitive anti-dumping duties on imports of stainless steel wire with a diameter of 1mm
or more originating in India, re-imposing the duty with regard to imports from one
exporter in this country and terminating the registration of these imports

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 Community1 (the basic
Regulation), as last amended by Regulation (EC) No 1972/20022, and in particular Article
11(4) thereof,

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

Whereas:

(A) PREVIOUS PROCEDURE

(1)

By Regulation (EC) 1600/19993, the Council imposed a definitive anti-dumping duty
on imports of stainless steel wire having a diameter 1mm or more (hereinafter referred
to as ‘the product concerned’) falling within CN code ex 7223 00 19 originating in
India. The measures took the form of duties of between 0% and 55,6% on individual
exporters, with a residual duty of 55,6%.

(B) CURRENT PROCEDURE

1. Request for a new exporter review

(2)

Subsequent to the imposition of definitive measures, the Commission received a
request for the initiation of a 'new exporter' review of Regulation (EC) No 1600/1999,
pursuant to Article 11(4) of the basic Regulation, from one Indian producer, Garg
Sales Co. PVT. Ltd (the applicant). The applicant claimed that it was not related to any
other exporters of the product concerned in India. Furthermore, it claimed that it had
not exported the product concerned during the original period of investigation (l April
1997 to 31 March 1998), but had exported the product concerned to the Community
after that period. On the basis of the above, it requested that an individual duty rate be
established for it, in case dumping would be found.

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3

OJ L 56, 6.3.1996, p. 1
OJ L 305, 07.11.2002, p.1
OJ L 189, 22.07.1999, p. 19

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2. Initiation of a review

(3)

The Commission examined the evidence submitted by the applicant and considered it
sufficient to justify the initiation of a review in accordance with the provisions of
Article 11(4) of the basic Regulation. After consultation of the Advisory Committee
and after the Community industry concerned had been given the opportunity to
comment,
the Commission initiated, by a Commission Regulation (EC) No
1325/20024, a 'new exporter' review of Regulation (EC) No 1600/1999 with regard to
the applicant and commenced its investigation. At the same time, the anti-dumping
duty in force was repealed for the applicant and its imports were made subject to
registration pursuant to Articles 11(4) and 14(5) of the basic Regulation.

3. Non co-operation by the exporting producer

(4)

(5)

In order to obtain the information it deemed necessary for its investigation,
the
Commission sent a questionnaire to the applicant. However, the Commission did not
receive any reply to the questionnaire within the deadline set for that purpose. Neither
did the applicant request an extension of that deadline. The Commission informed the
applicant that in these circumstances it was intended to proceed with the termination
of the review investigation without examining further its request for establishing an
individual duty rate. The applicant was given a period of ten days to comment. No
comments from the applicant were received on the disclosure of the Commission's
intention to terminate the review investigation.

Consequently, it must be concluded that Garg Sales Co. PVT. Ltd. has failed to co-
operate in the investigation by not replying to the questionnaire sent by the
Commission. The review should therefore be terminated and the anti-dumping duty
repealed by Article 2 of Commission Regulation (EC) No 1325/2002 should be re-
imposed, with retroactive effect to 24 July 2002. In addition, the registration of
imports provided in Article 3 of the same Regulation should be terminated,

HAS ADOPTED THIS REGULATION:

Article 1

The review of Council Regulation (EC) No 1600/1999 initiated by Article 1 of Commission
Regulation (EC) No 1325/2002 concerning imports of stainless steel wire with a diameter of 1
mm or more, containing by weight 2,5 % or more of nickel, excluding wire containing by
weight 28% or more but no more than 31% of nickel and 20% or more but no more than 22%
of chromium falling within CN code ex 7223 00 19, originating in India, produced and sold
for export to the Community by Garg Sales Co. PVT. Ltd (Taric additional code A404) is
hereby terminated.

Article 2

The anti-dumping duty imposed by Council Regulation (EC) No 1600/1999 and repealed by
Article 2 of Commission Regulation (EC) No1325/2002 is hereby re-imposed with regard to
the imports identified in Article 1 of this Regulation, with effect from 24 July 2002.

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OJ L 194, 23.07.2002, p. 27

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Article 3

The customs authorities are hereby directed, pursuant to Article 14(5) of Council Regulation
(EC) No 384/96, to terminate the registration of the imports identified in Article 1 of this
Regulation.

Article 4

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

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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