Council Regulation (EC) No 695/2003 of 14 April 2003 amending Regulation (EC) No 393/98 imposing a definitive anti-dumping duty on imports of stainless steel fasteners and parts thereof originating in the People's Republic of China, India, the Republic of Korea, Malaysia, Taiwan and Thailand
Date: 2003-04-14
Institutions: Council of the European Union
Subjects: Asia, anti-dumping duty, anti-dumping legislation, import, manufactured goods, originating product, steel

L 99/22

EN

Official Journal of the European Union

17.4.2003

COUNCIL REGULATION (EC) No 695/2003

of 14 April 2003

amending Regulation (EC) No 393/98 imposing a definitive anti-dumping duty on imports of stain-
less steel fasteners and parts thereof originating in the People's Republic of China, India, the
Republic of Korea, Malaysia, Taiwan and Thailand

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 133 and 233 thereof,

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
the countries not members of the European Community (1).

Whereas:

Consequently,
in accordance with Article 233 of the
Treaty, it is appropriate to amend the rate of duty estab-
lished for Kundan Industries Limited and Tata Interna-
tional Limited in Article 1 of Regulation (EC) No 393/98
with retroactive effect. Amounts of anti-dumping duty
paid in excess of a duty rate of 45,4 % on exports of
stainless steel fasteners and parts thereof manufactured
by Kundan Industries Limited and exported by Tata
International
to the European Community should be
reimbursed,

(1)

(2)

(3)

A. EXISTING MEASURES

By Regulation (EC) No 393/98 (2), the Council imposed a
definitive anti-dumping duty on imports of stainless steel
fasteners and parts thereof originating in the People's
the Republic of Korea,
Republic of China,
Malaysia, Taiwan and Thailand falling within CN codes
7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51,
7318 15 61, 7318 15 70 and 7318 16 30.

India,

B. SUBSEQUENT PROCEDURE

imposition of

these definitive

anti-
Following the
dumping measures, the Indian companies Kundan Indus-
tries Limited and Tata International Limited, whose
exports were subject to a definitive anti-dumping duty of
lodged an application for the annulment of
47,4 %,
Article 1 of Regulation (EC) No 393/98 before the Court
of First Instance of the European Communities. This
application was entered in the Register of the Court of
First Instance of the European Communities on 7 June
1998 as Case T-88/98.

By its Judgment of 21 November 2002 (3), the Court of
First Instance of the European Communities annulled
Article 1 of Council Regulation (EC) No 393/98 insofar
as it imposes a definitive anti-dumping duty on exports
to the Community of stainless steel fasteners and parts
thereof manufactured by Kundan Industries Limited and
exported by Tata International Limited which exceeds
that which would apply but for the adjustment to the
export price made in respect of a commission. Since the
original duty of 47,4 % was based on a dumping margin
which included an adjustment of 2 % in respect of a
commission, the anti-dumping duty is therefore annulled
to the extent that it exceeds 45,4 %.

(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 50, 20.2.1998, p. 1. Regulation as last amended by Regulation

(EC) No 2570/2000 (OJ L 297, 24.11.2000, p. 1).

(3) OJ C 19, 25.1.2003, p. 27.

HAS ADOPTED THIS REGULATION:

Article 1

In the table in Article 1(2) of Regulation (EC) No 393/98, the
entry for Kundan Industries Ltd/Tata Export Ltd, Mumbai shall
be replaced by:

Country

Company

Rate of duty

Taric
additional
code

‘India

Kundan Industries Ltd/Tata
International Ltd, Mumbai

45,4 %

8416’

Article 2

The amounts collected in excess of the rate of anti-dumping
duty specified in Article 1 shall be reimbursed. The requests for
reimbursement shall be submitted to the customs authorities of
the Member State of the territory in which the products were
released for free circulation.

Article 3

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

Article 1 shall apply with effect from 21 February 1998.

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Official Journal of the European Union

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

Done at Luxembourg, 14 April 2003.

For the Council

The President

A. GIANNITSIS