Council Regulation (EC) No 1854/2003 of 20 October 2003 amending the anti-dumping measures imposed by Regulation (EC) No 769/2002 on imports of coumarin originating in the People's Republic of China
Date: 2003-10-20
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, chemical compound, import, originating product

23.10.2003

EN

Official Journal of the European Union

L 272/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1854/2003

of 20 October 2003

amending the anti-dumping measures imposed by Regulation (EC) No 769/2002 on imports of
coumarin 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) (basic
Regulation), and in particular Article 11(3) thereof,

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.

(5)

Two importers made their views known in writing.

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

(6)

The Commission sought and verified all the information
it deemed necessary for the purpose of a determination
of the appropriateness of the measures in force.

Whereas:

A. PROCEDURE

1. Measures in force

(1)

(2)

(3)

In May 2002, the Council, by Regulation (EC) No 769/
2002 (2),
imposed definitive anti-dumping duties on
imports of coumarin originating in the People's Republic
of China (the PRC). The duties took the form of a
specific duty.

2. Initiation

On 30 October 2002, the Commission announced by a
notice of initiation published in the Official Journal of the
European Communities (3) the initiation of a partial interim
the anti-dumping measures applicable to
review of
imports into the Community of coumarin originating in
the PRC.

The review was initiated on the initiative of the Commis-
sion in order to examine the appropriateness 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.

3. Investigation

(4)

The Commission officially advised exporting producers,
the importers and the users known to be concerned and
their associations, the representatives of the exporting

(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 123, 9.5.2002, p. 1.
(3) OJ C 264, 30.10.2002, p. 10.

B. RESULTS OF THE INVESTIGATION

(7)

(8)

Article 145 of Commission Regulation (EEC) No 2454/
93 of 2 July 1993 laying down provisions for the imple-
mentation of the Community Customs Code (4) provides,
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 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. According to the well-established rules
set out by the Community Customs Code, the customs
value is reduced by a percentage which corresponds to
the apportioning of the price actually paid or payable.

(9)

No interested party submitted any comments or argu-
ments against this proposal.

(10)

in the absence of any
It is therefore concluded that,
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 should 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 1335/2003 (OJ L 187, 26.7.2003, p. 16).

L 272/2

EN

Official Journal of the European Union

23.10.2003

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 1 of Regula-
tion (EC) No 769/2002:

‘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
customs value pursuant to Article 145 of Regulation (EEC)

No 2454/93, the amount of the anti-dumping duty, calcu-
lated on the basis of
the amounts set above, shall be
reduced by a percentage which corresponds to the appor-
tioning of the price actually paid or payable.’

Article 2

This Regulation shall enter into force on the day following that
of 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 Luxembourg, 20 October 2003.

For the Council

The President

P. MARONI