Proposal for a Council Regulation amending Council Regulation (EC) No 964/2003 of 2 June 2003 imposing definitive anti-dumping duties on imports of certain tube or pipe-fittings, of iron or steel, originating in the People's Republic of China and Thailand, and those consigned from Taiwan, whether declared as originating in Taiwan or not
Date: 2003-11-27
Institutions: European Commission
Subjects: China, Taiwan, Thailand, anti-dumping duty, import, iron, originating product, piping, steel

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.11.2003
COM(2003)730 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 964/2003 of 2 June 2003 imposing definitive
anti-dumping duties on imports of certain tube or pipe-fittings, of iron or steel,
originating in the People's Republic of China and Thailand, and those consigned
from Taiwan, whether declared as originating in Taiwan or not

.

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 6 June 2003, following an expiry review investigation, definitive measures were imposed,
by Council Regulation (EC) No. 964/2003, on imports of certain tube or pipe-fittings, of iron
or steel, originating in the People's Republic of China and Thailand, and those consigned from
Taiwan, whether declared as originating in Taiwan or not.

It however subsequently appeared that certain provisions were omitted in the operative part of
the corresponding Council Regulation. Those provisions are necessary in order to avoid that
once  the  tariff  quotas  established  under  the  safeguard  measures  –  also  applicable  to  this
product – are exceeded, both the safeguard and the anti-dumping duty would become payable
on the same imports.

It  is,  therefore,  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Regulation,  by
which the relevant provisions will apply.

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Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 964/2003 of 2 June 2003 imposing definitive
anti-dumping duties on imports of certain tube or pipe-fittings, of iron or steel,
originating in the People's Republic of China and Thailand, and those consigned
from Taiwan, whether declared as originating in Taiwan or not

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
133 thereof,

Having  regard  to  the  Council  Regulation  (EC)  No  452/2003  of  6  March  2003  on  measures
that  the  Community  may  take  in  relation  to  the  combined  effect  of  anti-dumping  or  anti-
subsidy measures with safeguard measures1

Having  regard  to  the  proposal  submitted  by  the  Commission,  after  consultations  with  the
Advisory Committee established by Article 15 of Council Regulation (EC) No 384/96 of 22
December  1995,  on  protection  against  dumped  imports  from  countries  not  members  of  the
European Community2 (‘basic Regulation),

Whereas:

(1) 

(2) 

By  Regulation  (EC)  No  778/2003,  the  Council  amended,  amongst  others,  Council
Regulations (EC) Nos 584/96 and 763/2000 with regard to the anti-dumping measures
applicable to certain tube and pipe fittings, of iron or steel, originating in the People's
Republic of China and Thailand, and those consigned from Taiwan, whether declared
as originating in Taiwan or not. The purpose was to make provision for the situation
where  those  imports  also  become  subject  to  the  payment  of  a  safeguard  duty,  as
adopted by Commission Regulation (EC) No 1694/2002.

In such circumstances, and where the anti-dumping duty is less than, or equal to, the
amount of the safeguard duty, it was considered appropriate that no anti-dumping duty
should  be  payable.  Where  the  anti-dumping  duty  is  greater  than  the  amount  of  the
safeguard duty, it was considered appropriate that only that part  of the anti-dumping
duty which is in excess of the amount of the safeguard should be payable.

1

2

OJ L 69, 13.3.2003, p. 8.
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).

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(3) 

(4) 

Pursuant to Article 11(2) of the basic Regulation, the measures imposed by Regulation
(EC)  No  584/96  and  763/2000  were  prolonged  by  Council  Regulation  (EC)  No
964/2003. However, no provision similar to the one described in recital (2) above was
made by that latter Regulation for the situation where imports also become subject to
the payment of a safeguard duty.

Consequently,  Regulation  (EC)  No  964/2003  should  be  amended  so  as  to  make
provision  for  the  situation  where  imports  also  become  subject  to  the  payment  of  a
safeguard  duty,  in  the  same  way  as  the  amendment  introduced  into  the  in  Council
Regulations (EC) Nos 584/96 and 763/2000 by Regulation (EC) No 778/2003.

HAS ADOPTED THIS REGULATION:

Article 1

In Council Regulation (EC) No 964/2003, the following paragraphs are inserted:

– 

in Article 1, after paragraph (2)

“(2a) Notwithstanding paragraph (2), where imports of the product concerned from Thailand
are subject to payment of a safeguard additional duty pursuant to Article 1(3) of Regulation
(EC)  No  1694/2002*,  the  rate  of  anti-dumping  duty  applicable  to  the  free-at-Community-
frontier price, before duty, shall be as follows:

Country

Company

Thailand

All (Except:Thai Benkan
Co. Ltd,Prapadaeng
Samutprakarn)

* OJ L 261, 28.9.2002, p. 1.”

Rate  of  AD  duty  (%)  applicable  when  safeguard
additional duty is payable

TARIC
additional
code

to 28.3.03

29.3.03  to
28.9.03

29.9.03  to
28.3.04

29.3.04  to
28.9.04

29.9.04  to
28.3.05

35.2% 37.6% 37.6% 39.7% 39.7% 8851

– 

in Article 3, after first paragraph

“2. Notwithstanding paragraph (1), with the exception of those fittings produced by the said
Chup Hsin Enterprise Co. Ltd, Rigid Industries Co., Ltd and Niang  Hong Pipe Fittings Co.,
Ltd, where imports of fittings consigned from Taiwan are subject to payment of a safeguard
additional duty pursuant to Article 1(3) of Regulation (EC) No 1694/2002*, the rate of anti-
dumping  duty  applicable  to  the  free-at-Community-frontier  price,  before  duty,  shall  be  as
follows:

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Rate  of  AD  duty  (%)  applicable  when  safeguard
additional duty is payable

TARIC
additional
code

to 28.3.03

29.3.03  to
28.9.03

29.9.03  to
28.3.04

29.3.04  to
28.9.04

29.9.04  to
28.3.05

34.9% 37.3% 37.3% 39.4% 39.4% A999

Country

Company

Taiwan

All  (except  Chup  Hsin
Enterprise  Co.  Ltd,  Rigid
Industries  Co.,  Ltd  and
Niang  Hong  Pipe  Fittings
Co., Ltd)

* OJ L 261, 28.9.2002, p. 1.”

Article 2

This Regulation shall retroactively enter into force on the day of entry into force of Council
Regulation (EC) No 964/2003, namely on 7 June 2003.

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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