Council Regulation (EC) No 2289/2002 of 19 December 2002 terminating a "new exporter" review of Regulation (EC) No 1600/1999 imposing definitive anti-dumping duties on imports of stainless steel wire with a diameter of 1 mm 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: 2002-12-19
Institutions: Council of the European Union
Subjects: India, anti-dumping duty, import, originating product, steel, wire

L 348/54

EN

Official Journal of the European Communities

21.12.2002

COUNCIL REGULATION (EC) No 2289/2002

of 19 December 2002

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

THE COUNCIL OF THE EUROPEAN UNION,

2. Initiation of a review

Having regard to the Treaty establishing the European
Community,

(3)

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 Community (1) (‘the
basic Regulation’), and in particular Article 11(4) thereof,

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

Whereas:

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 consulta-
tion of the Advisory Committee and after the Commu-
nity industry concerned had been given the opportunity
to comment, the Commission initiated, by Regulation
(EC) No 1325/2002 (3), a ‘new exporter’ review of Regu-
lation (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anti-dumping duty in force was repealed for the appli-
cant and its imports were made subject to registration
pursuant to Article 11(4) and Article 14(5) of the basic
Regulation.

(1)

(2)

A. PREVIOUS PROCEDURE

By Regulation (EC) 1600/1999 (2), the Council imposed
a definitive anti-dumping duty on imports of stainless
steel wire having a diameter 1 mm 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

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 appli-
cant’). 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 investi-
gation (1 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 were to be found.

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

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ L 189, 22.7.1999, p. 19.

3. Non cooperation by the exporting producer

(4)

(5)

In order to obtain the information it deemed necessary
for its investigation, the Commission sent a question-
naire to the applicant. However, the Commission did not
receive any reply to the questionnaire within the dead-
line 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
its
review investigation without
request
for establishing an individual duty rate. The
applicant was given a period of 10 days to comment.
No comments from the applicant were received on the
disclosure of the Commission's intention to terminate
the review investigation.

examining further

Consequently, it must be concluded that Garg Sales Co.
PVT Ltd has failed to cooperate in the investigation by
not replying to the questionnaire sent by the Commis-
sion. 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,

(3) OJ L 194, 23.7.2002, p. 27.

21.12.2002

EN

Official Journal of the European Communities

L 348/55

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

The review of 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,
to the
originating in India, produced and sold for export
Community by Garg Sales Co. PVT Ltd (TARIC additional code
A404) is hereby terminated.

The anti-dumping duty imposed by Regulation (EC) No 1600/
1999 and repealed by Article 2 of Commission Regulation (EC)
No 1325/2002 is hereby re-imposed with regard to the imports
identified in Article 1 of this Regulation, with effect from 24
July 2002.

Article 3

The customs authorities are hereby directed, pursuant to Article
14(5) of Regulation (EC) No 384/96, to terminate the registra-
tion 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, 19 December 2002.

For the Council

The President

L. ESPERSEN