Commission Regulation (EC) No 909/2003 of 23 May 2003 amending Regulation (EC) No 1693/2002 as regards registration of imports of certain malleable cast iron tube or pipe fittings produced by one Argentinian exporting producer
Date: 2003-05-23
Institutions: European Commission
Subjects: Argentina, Brazil, anti-dumping duty, cast-iron, import, originating product, piping

24.5.2003

EN

Official Journal of the European Union

L 128/7

COMMISSION REGULATION (EC) No 909/2003

of 23 May 2003

amending Regulation (EC) No 1693/2002 as regards registration of imports of certain malleable
cast iron tube or pipe fittings produced by one Argentinian exporting producer

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(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), as last
amended by Regulation (EC) No 1972/2002 (2), and in parti-
cular Articles 13 and 14 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

In accordance with Regulation (EC) No 1784/2000 (3)
(the ‘definitive Regulation’), the Council imposed an anti-
dumping duty of 34,8 % on imports of threaded malle-
able cast iron tube or pipe fittings (malleable fittings)
originating in Brazil.

On 12 August 2002, the Commission received a request,
pursuant to Article 13(3) of Regulation (EC) No 384/96
(the ‘basic Regulation’), from the Defence Committee of
the Malleable Cast Iron Pipe Fittings Industry of the
European Union. The request alleged the existence of
circumvention of the anti-dumping duties imposed by
the definitive Regulation on imports of malleable fittings
originating in Brazil. According to the request,
the
circumvention practice consisted of
transhipment of
malleable fittings originating in Brazil via Argentina to
the Community. This request was submitted on behalf of
the
producers
Community production of malleable
and
contained sufficient evidence regarding the factors set
out in Article 13(1) of the basic Regulation.

representing a major proportion of
fittings

The Commission initiated an investigation into the
alleged circumvention pursuant to Regulation (EC) No
1693/2002 (4) (the ‘initiating Regulation’).

Pursuant to Articles 13(3) and 14(5) of the basic Regula-
tion, Article 2 of the initiating Regulation instructed the
customs authorities to register
imports of malleable
fittings consigned from Argentina, whether declared as
originating in Argentina or not, as of 26 September
2002.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 208, 18.8.2000, p. 8.
(4) OJ L 258, 26.9.2002, p. 27.

Article 2(3) of the initiating Regulation provided that
imports should be exempted from registration if the
exporters having applied for an exemption of registra-
tion were found not
to be circumventing the anti-
dumping duties.

B. REQUESTS FOR EXEMPTION

(6) Within the deadlines laid down in Article 3 of the initi-
ating Regulation, the Commission received a request for
exemption from the registration and measures from one
exporting producer, DEMA SA, San Justo, Buenos Aires.

(7)

In December 2002, one month after the expiry of the
deadline for receipt of replies to the questionnaire, the
Commission received a submission on behalf of Indus-
trias Aguila Blanca SA (Argentina), claiming to be a
producer of malleable fittings in Argentina. The submis-
sion contained a request by this company to be consid-
ered as an interested party in the investigation and a
request to be exempted from extension of measures.
Given that
the submission was received at such an
advanced stage of the investigation and well beyond the
deadlines laid down in Article 3 of the initiating Regula-
tion and, in addition, would have required further expla-
nations and verification, the company was informed that
it could not be considered as cooperating in the investi-
the company was informed that
gation. Accordingly,
findings in respect of it had to be made on the basis of
the facts available in accordance with Article 18(1) of
the basic Regulation.

(8)

Any decision concerning exporters should be limited to
exemption from registration at this stage. If the Council
subsequently adopts a regulation extending the anti-
dumping measures pursuant to Article 13 of the basic
Regulation, it may also decide to exempt certain expor-
ters from such extended measures.

C. INVESTIGATION PERIOD

(9)

The investigation period covered the period 1 July 2001
to 30 June 2002 (the ‘IP’). Data were collected from
1998 up to the IP to investigate the change in the
pattern of trade.

D. FINDINGS IN RESPECT OF DEMA SA

(10) DEMA SA replied to the questionnaire sent by the
the investigation. The
the

Commission in the course of
Commission did carry out a verification visit at
premises of DEMA SA.

L 128/8

EN

Official Journal of the European Union

24.5.2003

(11)

It is noted that, during the IP, DEMA SA only exported
one container to the Community. No other exports to
the Community took place during the IP or in the period
for which data were collected. In fact, the only export
preceding the one during the IP took place in 1992.
Therefore, there was no clear pattern of trade prior to or
after the imposition of measures concerning Brazilian
exports to the Community, and consequently no change
thereof. Moreover
it has also been established that
DEMA SA is a manufacturer and exporter of malleable
fittings operating its own production facilities for the
complete production process of the product concerned.
It only sells its own products and never purchased any
malleable fittings from Brazil during the IP. It is there-
fore considered that DEMA SA demonstrated to the
satisfaction of the Commission that it did not circum-
vent the measures imposed on malleable fittings origi-
nating in Brazil.

(12)

(13)

In the light of the above findings, registration of imports
of malleable fittings consigned from Argentina and
produced by DEMA SA should cease.

The Commission therefore considers it appropriate to
amend its initiating Regulation in so far as it provides
for the registration of
imports of malleable fittings
consigned from Argentina (whether declared as origi-
nating in Argentina or not).

(14)

This Regulation is based on findings specific to DEMA
SA and does not prejudge any decision which the
Council may take to extend the existing anti-dumping

measures on malleable fittings originating in Brazil to
the same product consigned from Argentina (whether
declared as originating in Argentina or not).

(15)

Interested parties were informed of the essential facts
and considerations on the basis of which the Commis-
sion intended to cease the registration of imports of
malleable fittings produced by DEMA SA and were given
the opportunity to comment. No objections were
received,

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 2 of Regula-
tion (EC) No 1693/2002:

‘4.
Notwithstanding paragraph 1, imports of the product
identified in Article 1 which are produced by the following
companies shall not be subject to registration:

Producer

TARIC additional
code

DEMA SA, Av. Pte Perón 3750, San Justo,
Buenos Aires, Argentina

A438’

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, 23 May 2003.

For the Commission

Pascal LAMY

Member of the Commission