Council Regulation (EC) No 153/2003 of 27 January 2003 amending the anti-dumping measures imposed by Council Regulation (EC) No 1603/2000 on imports of ethanolamines originating in the United States of America
Date: 2003-01-27
Institutions: Council of the European Union
Subjects: United States, anti-dumping duty, import, organic chemical, originating product

30.1.2003

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 153/2003

of 27 January 2003

amending the anti-dumping measures imposed by Council Regulation (EC) No 1603/2000 on
imports of ethanolamines originating in the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

(5)

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 Community (1) (basic
Regulation), and in particular Article 11(3) thereof,

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

Whereas:

as well

as Community producers

in the country
A number of exporting producers
concerned,
and
Community importers/traders made their views known
in writing. All parties who so requested within the said
time limit and who demonstrated that there were parti-
cular reasons why they should be heard were granted
the opportunity to be heard.

(6)

The Commission sought and verified all the information
it deemed necessary for the purpose of a determination
of the appropriateness of the measures in force.

A. PROCEDURE

B. RESULTS OF THE INVESTIGATION

(1)

(2)

(3)

(4)

1. Measures in force

In July 2000, the Council, by Regulation (EC) No 1603/
2000 (2),
imposed definitive anti-dumping duties on
imports of ethanolamines originating in the United
States of America (the USA). The duties took the form of
a specific duty.

2. Initiation

On 13 June 2002, the Commission announced by a
notice (Notice of
Initiation) published in the Official
Journal of the European Communities (3) the initiation of a
partial
the anti-dumping measures
applicable to imports into the Community of ethanola-
mines originating in the USA.

interim review of

The review was initiated on an initiative of the Commis-
sion in order to examine the appropriateness of the
measures in force. The current measure, i.e. a duty in the
form of a specific duty, does not cater for situations in
which imported goods have been damaged before entry
into free circulation.

3. Investigation

The Commission officially advised exporting producers,
the importers and the users known to be concerned and
their associations, the representatives of the exporting
country concerned and the Community producers about
the initiation of the proceeding. Interested parties were
given the opportunity to make their views known in
writing and to request a hearing within the time limit set
out in the Notice of Initiation.

(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 185, 25.7.2000, p. 1.
(3) OJ C 140, 13.6.2002, p. 17.

(7)

(8)

(9)

Article 145 of Commission Regulation (EEC) No 2454/
93 of 2 July 1993 (4) laying down provisions for the
implementation of Council Regulation (EEC) No 2913/
92 establishing the Community Customs Code foresees,
for the determination of the customs value, an appor-
tioning of the price actually paid or payable in situations
where goods have been damaged before entry into free
circulation.

In order to avoid that an excessive amount of anti-
dumping duty is levied, the specific duty should, in case
of damaged goods, be reduced by a percentage which
corresponds to the apportioning of the price actually
paid or payable.

Community producers argued that the term ‘damaged’ is
vague and might be subject to wide interpretations that
could lead to circumvention practices or even render the
to avoid
anti-dumping duties
ineffective.
circumvention,
the
customs authorities consider a good to be damaged, a
second, independent expert opinion should be provided
on the question of whether the goods are damaged or
not.

it was submitted that whenever

In order

(10)

It should be noted that the valuation of goods, damaged
is carried out by the customs authorities
or not,
according to the well-established rules set out by the
Community Customs Code that do not allow wide inter-
pretations that could render the anti-dumping duty inef-
fective. In view of these established rules, there is no
need for specific provisions covering goods subject to
anti-dumping measures. The request
to introduce a
mandatory second expert opinion is therefore rejected.

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).

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Official Journal of the European Communities

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(11) A related importer submitted that no anti-dumping duty
should be imposed if a product is damaged as it must
not be considered a like product.

HAS ADOPTED THIS REGULATION:

Article 1

(12)

(13)

In this respect, a product does not automatically cease to
be a like product when it is damaged. It may still have
the same physical and chemical characteristics and be
used for the same purposes, thereby possibly inflicting
injury to the Community industry. The argument
is
therefore rejected.

It is therefore concluded that in the absence of any
substantiated argument from interested parties, in cases
where goods have been damaged before entry into free
the price actually paid or
circulation and,
payable is apportioned for the determination of
the
customs value, the specific duty shall be reduced by a
percentage which corresponds to the apportioning of
the price actually paid or payable,

therefore,

The following paragraph shall be added to Article 1 of Regula-
tion (EC) No 1603/2000:

‘4.
In cases where goods have been damaged before
entry into free circulation and, therefore, the price actually
paid or payable is apportioned for the determination of the
to Article 145 of Commission
customs value pursuant
Regulation (EEC) No 2454/93, the amount of the anti-
dumping duty, calculated on the basis of the amounts set
above, shall be reduced by a percentage which corresponds
to the apportioning of the price actually paid or payable.’

Article 2

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Commu-
nities.

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

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU