Proposal for a Council Regulation amending the anti-dumping measures imposed by Council Regulation (EC) No 1011/2002 on imports of powdered activated carbon (PAC) originating in the People's Republic of China
Date: 2003-04-28
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, coal, dumping, import (EU), originating product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.4.2003
COM(2003) 213 final

Proposal for a

COUNCIL REGULATION

amending the anti-dumping measures imposed by
Council Regulation (EC) No 1011/2002 on imports of powdered activated carbon (PAC)
originating in the People’s Republic of China

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 29 October 2002 a partial interim review limited to the form of the measure was initiated
with  regard  to  anti-dumping  measures  on  imports  into  the  Community  of  powder  activated
carbon originating in the People’s Republic of China.

The attached proposal for a Council Regulation is based on the findings of the investigation
with  regard  to  the  need  to  introduce  a  clause  for  damaged  goods  into  the  operative  part  of
Council Regulation (EC) No 1011/2002.

It is therefore proposed that the Council adopts the attached proposal for a Council Regulation
which should be published in the Official Journal of the European Union as soon as possible.

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Proposal for a

COUNCIL REGULATION

amending the anti-dumping measures imposed by
Council Regulation (EC) No 1011/2002 on imports of powdered activated carbon (PAC)
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  Community1  (“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.

(1)

2.

(2)

(3)

A. PROCEDURE

Measures in force

In June 2002, the Council, by Regulation (EC) No 1011/20022 imposed definitive anti-
dumping  duties  on  imports  of  powdered  activated  carbon  (PAC)  originating  in  the
People’s Republic of China (the “PRC”). The duties took the form of a specific duty.

Initiation

On 29 October 2002, the Commission announced by a notice (“Notice of Initiation”)
published  in  the  Official  Journal  of  the  European  Communities3  the  initiation  of  a
partial  interim  review  of  the  anti-dumping  measures  applicable  to  imports  into  the
Community of PAC originating in the PRC.

The review was initiated on the initiative of the Commission in order to examine the
appropriateness of the form 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.

1

2

3

OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).
OJ L 155, 14.6.2002, p. 1.
OJ C 262, 29.10.2002, p. 2.

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3.

(4)

(5)

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.

A  number  of  exporting  producers  in  the  country  concerned,  as  well  as  Community
producers  and  Community  importers/traders  made  their  views  known  in  writing.  All
parties  who  so  requested  within  the  set  above  time  limit  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 form of the measures in force.

B. RESULTS OF THE INVESTIGATION

(7)

(8)

(9)

(10)

Article  145  of  Commission  Regulation  (EEC)  No  2454/93  of  2  July  19934  laying
down provisions for  the  implementation of the  Community  Customs Code5 foresees,
for the determination of the customs value, an apportioning of the price actually paid
or  payable  in  situations  where  goods  have  been  damaged  before  entry  into  free
circulation.  In  such  situations,  customs  value  is  reduced  by  a  percentage  which
corresponds to the apportioning of the price actually paid or payable.

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.

No  interested  party  submitted  any  substantiated  comments  or  arguments  against  this
proposal.

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
circulation  and,  therefore,  the  price  actually  paid  or  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,

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5

OJ  L  253,  11.10.1993,  p.  1,  as  last  amended  by  Regulation  (EC)  No  444/2002  (OJ  L  68,  12.3.2002,
p. 11).
Council Regulation (EEC) No 2913/92 (OJ L 302, 19.10.1992, p. 1).

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HAS ADOPTED THIS REGULATION:

Article 1

The  following  paragraph  shall  be  added  to  Article  1  of  Council  Regulation  (EC)
No 1011/2002:

“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 customs value
pursuant  to  Article  145  of  Commission  Regulation  (EEC)  No  2454/93,  the  amount  of  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.”

This  Regulation  shall  enter  into  force  on  the  day  following  that  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,

For the Council
The President

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