Council Regulation (EC) No 152/2003 of 27 January 2003 amending the anti-dumping measures imposed by Regulation (EC) No 299/2001 on imports of potassium permanganate originating in the People's Republic of China
Date: 2003-01-27
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, chemical salt, import, originating product, potassium

30.1.2003

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Official Journal of the European Communities

L 25/21

COUNCIL REGULATION (EC) No 152/2003

of 27 January 2003

amending the anti-dumping measures imposed by Regulation (EC) No 299/2001 on imports of
potassium permanganate originating in the People's Republic of China

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:

(1)

(2)

(3)

(4)

A. PROCEDURE

1. Measures in force

In February 2001, the Council, by Regulation (EC) No
299/2001 (2), imposed definitive anti-dumping duties on
imports of potassium permanganate originating in the
People's Republic of China (the PRC). 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 potassium
permanganate originating in the PRC.

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 44, 15.2.2001, p. 4.
(3) OJ C 140, 13.6.2002, p. 12.

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 time
limit set above and who demonstrated that there were
particular
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.

(7)

(8)

(9)

(10)

B. RESULTS OF THE INVESTIGATION

Article 145 of Commission Regulation (EEC) No 2454/
93 of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (4) 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 goods to be damaged, a
second, independent expert opinion should be provided
on the question whether the goods are damaged.

it was submitted that whenever

In order

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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EN

Official Journal of the European Communities

30.1.2003

(11)

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,

In cases where goods have been damaged before
‘4.
entry into free circulation and, therefore, the price actually
paid or payable is apportioned for the determination of the
customs value pursuant
to Article 145 of Commission
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.’

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 1 of Regula-
tion (EC) No 299/2001:

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