Council Regulation (EC) No 931/2003 of 26 May 2003 amending the anti-dumping measures imposed by Regulation (EC) No 1011/2002 on imports of powdered activated carbon (PAC) originating in the People's Republic of China
Date: 2003-05-26
Institutions: Council of the European Union
Subjects: China, anti-dumping legislation, coal, import, originating product

L 133/36

EN

Official Journal of the European Union

29.5.2003

COUNCIL REGULATION (EC) No 931/2003

of 26 May 2003

amending the anti-dumping measures imposed by 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 Community (1), and in
particular Article 11(3) thereof,

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

Whereas:

A. PROCEDURE

1. Measures in force

(1)

(2)

(3)

(4)

In June 2002, the Council, by Regulation (EC) No 1011/
2002 (2)
imposed definitive anti-dumping duties on
imports of powdered activated carbon (PAC) originating
in the People's Republic of China (PRC). The duties took
the form of a specific duty.

2. Initiation

On 29 October 2002, the Commission announced by a
notice (Notice of
Initiation) published in the Official
Journal of the European Communities (3) the initiation of a
partial
the anti-dumping measures
applicable to imports into the Community of PAC origi-
nating in the PRC.

interim review of

The review was initiated on the initiative of the Commis-
sion 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 situa-
tions in which imported goods have been damaged
before entry into free circulation.

3. 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

(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 155, 14.6.2002, p. 1.
(3) OJ C 262, 29.10.2002, p. 2.

(5)

(6)

(7)

(8)

(9)

(10)

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.

as well

as Community producers

in the country
A number of exporting producers
and
concerned,
Community importers/traders made their views known
in writing. All parties who so requested within the set
time limit and who demonstrated that there were parti-
cular reasons why they should be heard were granted
the opportunity to be heard.

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

Article 145 of Commission Regulation (EEC) No 2454/
93 of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (4) foresees,
for the determination of the customs value, an appor-
tioning 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.

interested

No
comments or arguments against this proposal.

submitted

party

any

substantiated

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
the price actually paid or
circulation and,
the
payable is apportioned for the determination of
customs value, the specific duty shall be reduced by a
percentage which corresponds to the apportioning of
the price actually paid or payable,

therefore,

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).

29.5.2003

EN

Official Journal of the European Union

L 133/37

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 1 of Regula-
tion (EC) No 1011/2002:

‘3.
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
to Article 145 of Commission
customs value pursuant
Regulation (EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs

Code (*), 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.

(*) OJ L 253, 11.10.1993, p. 1. Regulation as last amended
by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002,
p. 11).’

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, 26 May 2003.

For the Council

The President

G. DRYS