Council Regulation (EC) No 579/2003 of 27 March 2003 terminating the anti-dumping proceeding concerning imports of unwrought unalloyed magnesium originating in the People's Republic of China
Date: 2003-03-27
Institutions: Council of the European Union
Subjects: China, anti-dumping legislation, import, magnesium, originating product

L 83/32

EN

Official Journal of the European Union

1.4.2003

COUNCIL REGULATION (EC) No 579/2003

of 27 March 2003

terminating the anti-dumping proceeding concerning imports of unwrought unalloyed magnesium
originating in the People's Republic of China

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)
(the
Basic Regulation) and in particular Articles 9 and 11 thereof,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

A. PROCEDURE

In November 1998, the Council adopted Regulation (EC)
No 2402/98 (2) imposing definitive anti-dumping duties
on unwrought unalloyed magnesium originating in the
People's Republic of China.

These duties were imposed as a result of an investigation
following a complaint lodged by the Comité de Liaison
des Industries de Ferro-Alliages (the complainant) on
behalf of the sole Community producer of unwrought
unalloyed magnesium.

interim review (3) pursuant to
In June 2002 a partial
Article 11(3) of the Basic Regulation was initiated. The
review was limited in scope to the appropriateness of
the definitive anti-dumping duties imposed.

B. WITHDRAWAL OF THE COMPLAINT

By a letter of 18 June 2002, the complainant formally
withdrew its complaint. The complainant informed the
Commission that the sole known Community producer
of unwrought unalloyed magnesium had ceased its
production, and declared that the measures appeared no
longer necessary.

In accordance with Article 9(1) of the Basic Regulation,
a proceeding may be terminated where the complaint is
withdrawn, unless such termination would not be in the
Community interest.

In a notice published on 27 September 2002 (4) the
Commission announced its intention of
investigating
whether repeal of the measures was warranted. Inter-
ested parties were invited to make themselves known
and to provide the Commission with information
together with supporting evidence. The Commission
received seven replies from the user industry supporting
repeal of the measures. Furthermore, the sole Commu-

(7)

(8)

nity producer confirmed that
the measures were no
longer appropriate. In view of the above, the Commis-
sion informed the interested parties of its intention to
propose that the Council repeal the anti-dumping duty
in force and terminate the proceeding following the
withdrawal of support. No further arguments were raised
concerning the Community interest aspects. It is there-
fore considered that
the proceeding
would not be against the Community interest.

termination of

Certain parties requested the retroactive repeal of the
measures arguing that there had been no basis for the
imposition of the anti-dumping duties since the complai-
nant formally withdrew its complaint.

their

In this respect, it should be noted that the results of a
review under Article 11 of the Basic Regulation normally
apply from the date of conclusion of such review.
Indeed, it is established Community practice that anti-
dumping duties remain in force as long as it is found
that
termination or modification is warranted.
Consequently, parties had no reason legitimately to
expect that in the present case the existing measures
would be repealed with retroactive effect. It was consid-
ered that a consistent legal approach should be adopted
in order to avoid an unstable and unforeseeable environ-
ment for economic operators in future. Additionally,
termination of the anti-dumping measure with retroac-
tive effect would affect the unalloyed magnesium market
in a discriminatory way. Those economic operators who
purchased unwrought unalloyed magnesium from coun-
tries not subject to the anti-dumping duties would in the
event of retroactivity find that their prudence was not
warranted.
considered that operators who
purchased in China would make a windfall profit, as
anti-dumping duties would not be levied on imports
made between cessation, by the Community industry, of
production of unwrought unalloyed magnesium and the
publication of this Regulation. For all the abovemen-
tioned reasons, the request for retroactive termination
had to be rejected.

It was

(9)

Given the above, it is concluded that the anti-dumping
proceeding concerning unwrought unalloyed magnesium
originating in the People's Republic of China should be
terminated.

(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 298, 7.11.1998, p. 1. Regulation as last amended by Regula-

tion (EC) No 2788/2000 (OJ L 324, 21.12.2000, p. 4).

(3) OJ C 140, 13.6.2002, p. 14.
(4) OJ C 230, 27.9.2002, p. 2.

(10) Given the above, the ongoing interim review investiga-
tion concerning the same anti-dumping measures should
also be terminated.

C. INTERIM REVIEW

1.4.2003

EN

Official Journal of the European Union

L 83/33

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping proceeding, including the review investigation of anti-dumping measures, concerning
imports of unwrought unalloyed magnesium currently classifiable within CN codes 8104 11 00 and
ex 8104 19 00 and originating in the People's Republic of China is hereby terminated.

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

Article 2

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

Done at Brussels, 27 March 2003.

For the Council

The President

M. STRATAKIS