Commission Regulation (EC) No 1264/2003 of 16 July 2003 initiating an investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia and Ukraine, and making such imports subject to registration
Date: 2003-07-16
Institutions: European Commission
Subjects: Russia, Ukraine, alloy, anti-dumping measure, import, metal product, originating product, piping, tube

17.7.2003

EN

Official Journal of the European Union

L 178/9

COMMISSION REGULATION (EC) No 1264/2003

of 16 July 2003

initiating an investigation concerning the alleged circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 2320/97 on imports of certain seamless pipes and tubes of
iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council
Regulation (EC) No 348/2000 on imports of certain seamless pipes and tubes of iron or non-alloy
steel originating in Ukraine by wrong declaration of imports of the same product and by imports
of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia
and Ukraine, and making such imports subject to registration

THE COMMISSION 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), as last
amended by Regulation (EC) No 1972/2002 (2), and in parti-
cular Article 13(3), Article 14(3) and Article 14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

A. REQUEST

(1)

(2)

The Commission has received a request pursuant
to
Article 13(3) of Regulation (EC) No 384/96 (the basic
Regulation) to investigate the alleged circumvention of
the anti-dumping measures imposed on imports of
certain seamless pipes and tubes of iron or non-alloy
steel originating in Russia and Ukraine.

The request has been lodged on 2 June 2003 by the
Defence Committee of the Seamless Steel Tube Industry
of the European Union on behalf of producers repre-
senting a major proportion,
the
Community production of certain seamless pipes and
tubes of iron or non-alloy steel.

i.e. over 50 % of

B. PRODUCT

(3)

The products concerned by the allegation of circumven-
tion are:

— seamless pipes, of iron or non-alloy steel, of a kind
used for oil and gas pipelines, of an external
diameter not exceeding 406,4 mm,

— seamless tubes of circular cross-section, of iron or
non-alloy steel, cold-drawn or cold-rolled, other than
precision tubes,

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.

— other tubes of circular cross-section, of iron or non-
alloy steel, other than threaded or threadable, of an
external diameter not exceeding 406,4 mm,

currently classifiable within CN codes ex 7304 10 10,
ex 7304 10 30,
and
7304 39 93.

7304 31 99,

7304 39 91

(4)

investigation are

The products under
the product
concerned and certain seamless pipes and tubes of alloy
steel other than stainless steel, originating in Russia and
Ukraine and declared under CN codes 7304 59 91 and
7304 59 93.

(5)

The CN codes are given for information only.

(6)

(7)

C. EXISTING MEASURES

The measures currently in force and allegedly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 2320/97 (3), as last amended
by Council Regulation (EC) No 190/2000 (4), and by
Council Regulation (EC) No 348/2000 (5),
last
amended by Council Regulation (EC) No 1515/2002 (6).

as

D. GROUNDS

The request contains sufficient evidence, that the anti-
dumping measures on imports of certain seamless pipes
and tubes of iron or non-alloy steel originating in Russia
and Ukraine are being circumvented by means of adding
minimal quantities of other substances to the product
concerned, thus allowing these products to be classifiable
under other CN codes not subject
to anti-dumping
measures,
in particular CN codes 7304 59 91 and
7304 59 93, or by importing under these CN codes the
product concerned. Hereinafter, the products which are
being imported via these practices are referred to as
‘products under investigation’.

(3) OJ L 322, 25.11.1997, p. 1.
(4) OJ L 23, 28.1.2000, p. 1.
(5) OJ L 45, 17.2.2000, p. 1.
(6) OJ L 228, 24.8.2002, p. 8.

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Official Journal of the European Union

17.7.2003

(8)

The evidence submitted is as follows:

and Ukraine have

The request shows a significant change in the pattern of
trade, as imports of the products under investigation
increased
originating in Russia
substantially following the imposition of measures on
the products concerned. This change in the pattern of
trade appears to stem from the practice that minimal
quantities of other substances are being added to the
product concerned, so that they fall outside the relevant
CN codes affected by the measures, notwithstanding the
fact
the
products remain unchanged, or from the practice of
wrong declaration under other CN codes. There is insuf-
ficient due cause or economic justification for these
practices other than the imposition of the measures.

the basic characteristics and uses of

that

(9)

Furthermore,
the request contains sufficient evidence
that the remedial effects of the existing anti-dumping
measures on the product concerned are being under-
mined both in terms of quantity and price. Significant
imports of products under investigation
volumes of
appear
the product
concerned originating in Russia and Ukraine. In addition,
there is sufficient evidence that this increase in imports
is made at prices below the non-injurious or remedial
prices established in the investigations that led to the
existing measures.

replaced imports of

to have

(10)

Finally, the request contains sufficient evidence that the
prices of products under investigation are dumped in
relation to the normal values previously established for
certain seamless pipes and tubes of iron or non-alloy
steel originating in Russia and Ukraine.

Russia and Ukraine and to the importers named in the
request and to the known associations of importers in
the Community and to the authorities of Russia and
Ukraine. Information, as appropriate, may also be sought
from the Community industry.

(13)

In any event all
interested parties should contact the
Commission forthwith, but not later than the time limit
set in Article 3 in order to find out whether they are
listed in the request and, if necessary, request a question-
naire within the time limit set in Article 3(1) of this
Regulation, given that the time limit set in Article 3(2)
of this Regulation applies to all interested parties.

(14)

The authorities of Russia and Ukraine will be notified of
the initiation of the investigation and provided with a
copy of the request.

(b) Collection of information and holding of hearings

(15) All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence. Furthermore, the Commission may hear inter-
in
ested parties, provided that
writing and show that there are particular reasons why
they should be heard.

they make a request

(c) Exemption of registration of imports or measures

E. PROCEDURE

(16)

In accordance with Article 13(4) of the basic Regulation,
imports of the product concerned may be exempted
from registration or measures if the importation does
not constitute circumvention.

(11)

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
the basic
an investigation pursuant
Regulation and to make imports of all goods declared
under CN codes 7304 59 91 and 7304 59 93 and origi-
nating in Russia and Ukraine, subject to registration, in
accordance with Article 14(5) of the basic Regulation.

to Article 13 of

(a) Questionnaires

(12)

In order to obtain the information it deems necessary
for its investigation, the Commission will send question-
naires to the exporters/producers named in the request
and to the known associations of exporters/producers in

(17) Given that the alleged circumvention takes place outside
the Community and pursuant to Article 14(3) of the
basic Regulation, exemption of imports from registration
or measures would depend entirely on the findings in
respect of the exporters in Russia and Ukraine. Therefore
exporters wishing to obtain an exemption of registration
of imports or measures should apply for the exemption
and submit the questionnaire reply (in order to establish
that they are not circumventing the anti-dumping duties
within the meaning of Article 13(1) of the basic Regula-
tion) within the time limits set in Article 3(2) of this
Regulation. Although no exemption could be granted
purely on the basis of information from importers, these
could still benefit from exemption from registration or
their imports are from
that
measures to the extent
exporters which are granted such an exemption.

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F. REGISTRATION

Article 2

(18)

to Article 14(5) of

Pursuant
the basic Regulation,
imports of the products under investigation should be
made subject to registration in order to ensure that,
should the investigation result in findings of circumven-
tion, anti-dumping duties can be levied retroactively
from the date of the initiation of this investigation on
certain seamless pipes and tubes of alloy steel, other than
stainless steel from Russia and Ukraine.

The Customs authorities are hereby directed, pursuant
to
Article 13(3) and Article 14(5) of Council Regulation (EC) No
384/96, to take the appropriate steps to register the imports
into the Community identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of
entry into force of this Regulation.

G. TIME LIMITS

(19)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit questionnaire replies or any other informa-
tion to be taken into account during the investiga-
tion;

— interested parties may make a written request to be

heard by the Commission.

(20) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
on the party's making itself known within the time limits
mentioned in Article 3 of this Regulation.

H. NON-COOPERATION

(21)

In cases in which any interested party refuses access to
or otherwise does not provide necessary information
within the time limits, or significantly impedes the inves-
tigation, provisional or final
findings, affirmative or
negative, may be made in accordance with Article 18 of
the basic Regulation, on the basis of the facts available.
Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made of facts available,

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of certain seamless pipes and tubes of iron
or non-alloy steel, and of certain seamless pipes and tubes of
alloy steel, other than stainless steel declared under CN codes
7304 59 91 and 7304 59 93 and originating in Russia and
Ukraine, are circumventing the measures imposed by Regula-
tion (EC) No 2320/97 and by Regulation (EC) No 348/2000.
The above CN codes are only given for information.

The Commission, by Regulation, may direct Customs authori-
ties to cease registration in respect of imports into the Commu-
nity of products exported by exporters having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

1.
Questionnaires should be requested from the Commission
within 15 days from publication of this Regulation in the Offi-
cial Journal of the European Union.

2.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit questionnaire replies or any other informa-
tion within 40 days from the date of the publication of this
Regulation in the Official Journal of the European Union, unless
otherwise specified.

Interested parties may also apply to be heard by the

3.
Commission within the same 40-day time limit.

4.
Any information relating to the matter, any request for a
hearing or for a questionnaire as well as any request for author-
isation of certificates of non-circumvention must be made in
writing (not in electronic format, unless otherwise specified),
must indicate the name, address, e-mail address, telephone, fax
and/or telephone numbers and should be sent to the following
address:

European Commission
Directorate General for Trade
Directorate B
Office: J-79, 5/16
B-1049 Brussels
Fax (32 2) 295 65 05
Telex COMEU B 21877.

Article 4

This Regulation shall enter into force on the day of its publica-
tion in the 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 Brussels, 16 July 2003.

For the Commission

Pascal LAMY

Member of the Commission