Council Regulation (EC) No 320/2003 of 18 February 2003 terminating the review of the anti-dumping measures applicable to imports of threaded malleable cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand
Date: 2003-02-18
Institutions: Council of the European Union
Subjects: anti-dumping duty, cast-iron, import, originating product, piping, third country

21.2.2003

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 320/2003

of 18 February 2003

terminating the review of the anti-dumping measures applicable to imports of threaded malleable
cast-iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's
Republic of China, the Republic of Korea and Thailand

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 Community (1), and in
particular Articles 8, 9 and Article 11(3) thereof,

Having regard to Council Regulation (EC) No 1515/2001 of 23
July 2001 on the measures that may be taken by the Commu-
nity following a report adopted by the WTO Dispute Settle-
ment
anti-subsidy
matters (2) and in particular Article 2 thereof,

anti-dumping

concerning

Body

and

Having regard to the proposal from the Commission, after
consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

On 26 March 2001, the Commission received a request
from an exporting producer of
threaded malleable
fittings in the Czech Republic, namely Moravske Zele-
zarny AS, to amend the definitive anti-dumping duty
imposed on it by Council Regulation (EC) No 1784/
2000 of 11 August 2000 imposing a definitive anti-
dumping duty and collecting definitively the provisional
duty imposed on imports of certain malleable cast-iron
tube or pipe fittings originating in Brazil, the Czech
Republic,
the
Republic of Korea and Thailand (3).

the People's Republic of China,

Japan,

The exporting producer requested a review on the basis
that its individual anti-dumping duty rate is based on
methodologies which are not in line with the conclu-
sions contained in the Appellate Body report and a panel
report as modified by the Appellate Body report in the
case ‘European Communities — Anti-dumping measures

(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 201, 26.7.2001, p. 10.
(3) OJ L 208, 18.8.2000, p. 8.

on imports of cotton-type bed-linen from India’ (4)
(Reports) and in particular
interpretation
afforded in those reports to Articles 2(2)(2)(ii) and
2(4)(2) of
the WTO Anti-dumping Agreement, as
adopted by the Dispute Settlement Body of the World
Trade Organisation (WTO).

the legal

Consequently, the Commission offered, by notice of 5
December 2001 (hereinafter referred to as notice of
initiation) published in the Official Journal of the European
Communities (5), the possibility of a review of the anti-
dumping measures applicable to imports of threaded
malleable cast-iron tube or pipe fittings originating in
Brazil, the Czech Republic, Japan, the People's Republic
of China, the Republic of Korea and Thailand.

The scope of the review was limited to the examination
of dumping by those exporting producers in the coun-
tries concerned whose duty rates are based on a
dumping methodology at issue in the reports and which
submitted a full questionnaire reply within the time
limits set out in the notice of initiation. This review was
based on Article 2 of Regulation (EC) No 1515/2001.

The Commission officially advised all known exporting
producers and the relevant authorities in the exporting
countries of the initiation of the proceeding. The parties
concerned had 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.

The Commission sent questionnaires
to all parties
known to be concerned and to all other companies
which made themselves known within the deadlines set
out in the notice of initiation and received only one
reply from an exporting producer in Thailand. The
Czech producer which had originally requested a review
did not respond to the questionnaire.

(3)

(4)

(5)

(6)

(4) WT/DS 141/AB/R, 1.3.2001.
(5) OJ C 342, 5.12.2001, p. 5.

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Official Journal of the European Union

21.2.2003

(7)

(8)

this

exporting producer

in Thailand
Subsequently,
decided to withdraw its application for review. There-
fore, and since no other exporter submitted a question-
naire response pursuant to the notice of initiation, the
present investigation should be terminated.

B. CONCLUSIONS

On the basis of the above, it is concluded that the review
should be terminated and the anti-dumping measures
imposed by Regulation (EC) No 1784/2000 on imports
of the product concerned originating in Brazil, the Czech
Republic,
the
Republic of Korea and Thailand should remain in force,
the measures for the
without changing the level of
exporting producers in the countries concerned. Like-
wise, the undertakings originally accepted should remain
in place,

the People's Republic of China,

Japan,

HAS ADOPTED THIS REGULATION:

Article 1

The review of anti-dumping measures concerning imports of
threaded malleable cast-iron tube or pipe fittings currently clas-
sifiable within CN code
ex 7307 19 10 (TARIC code
7307 19 10 10) and originating in Brazil, the Czech Republic,
Japan, the People's Republic of China, the Republic of Korea
and Thailand, is hereby terminated.

Article 2

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

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

Done at Brussels, 18 February 2003.

For the Council

The President

N. CHRISTODOULAKIS