2003/880/EC: Commission Decision of 15 December 2003 terminating the anti-dumping proceeding concerning imports of hollow sections originating in Russia and Turkey and releasing the amounts secured by way of the provisional duties imposed
Date: 2003-12-15
Institutions: European Commission
Subjects: Russia, Türkiye, anti-dumping legislation, import, originating product, section

L 327/46

EN

Official Journal of the European Union

16.12.2003

COMMISSION DECISION

of 15 December 2003

terminating the anti-dumping proceeding concerning imports of hollow sections originating in
Russia and Turkey and releasing the amounts secured by way of the provisional duties imposed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

(2003/880/EC)

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)
(the ‘basic
Regulation’) and in particular Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

the Commission received a
On 2 September 2002,
complaint pursuant to Article 5 of the basic Regulation,
concerning the alleged injurious dumping by imports of
hollow sections, which consist of welded pipes, tubes
and hollow profiles of a square or rectangular cross-
section of iron or steel with the exception of those made
of stainless steel or of a perimeter greater than 600 mm,
(the ‘product concerned’) originating in Russia and
Turkey.

The complaint was lodged by the Defence Committee of
the Welded Steel Tube Industry (the ‘complainant’) on
behalf of producers representing a major proportion of
the total Community production of hollow sections
pursuant to Articles 4(1) and 5(4) of the basic Regu-
lation.

The complaint contained prima facie evidence of the
injury resulting
existence of dumping and of material
therefrom, which was considered sufficient to justify the
initiation of an anti-dumping proceeding.

By means of a notice published in the Official Journal of
the European Communities (3), the Commission initiated an
anti-dumping proceeding concerning imports into the
Community of the product concerned, currently classifi-
and
codes
able
ex 7306 60 39, and originating in Russia and Turkey
(the ‘notice of initiation’).

ex 7306 60 31

within

CN

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ C 249, 16.10.2002, p. 5.

The Commission officially advised the exporting produ-
cers and importers known to be concerned, the repre-
sentatives of the exporting countries, the representative
users, raw material suppliers and the complainant Com-
Interested parties were given the
munity producers.
opportunity to make their views known in writing and
to request a hearing within the time limit set out in the
notice of initiation.

The Commission, by Regulation (EC) No 1251/2003 (4),
imposed a provisional anti-dumping duty on imports of
hollow sections, which consist of welded pipes, tubes
and hollow profiles of a square or rectangular cross-
section of iron or steel with the exception of those made
of stainless steel or of a perimeter greater than 600 mm,
falling within CN codes ex 7306 60 31 (TARIC code
7306 60 31 90)
ex 7306 60 39 (TARIC code
and
7306 60 39 90), originating in Turkey.

B. WITHDRAWAL

COMPLAINT
THE
TERMINATION OF THE PROCEEDING

OF

AND

By a letter of 31 October 2003 to the Commission, the
complainant formally withdrew its complaint.

In accordance with Article 9(1) of the basic Regulation,
the proceeding may be terminated where the complaint
is withdrawn, unless such termination would not be in
the Community interest.

The Commission considered that the present proceeding
should be terminated since the investigation had not
brought to light any considerations showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment. No comments were
received indicating that such termination would not be
in the Community interest.

(6)

(7)

(8)

(9)

(10)

the anti-
The Commission therefore concludes that
dumping proceeding concerning imports into the Com-
munity of the product concerned originating in Russia
and Turkey should be terminated without the imposition
of anti-dumping measures.

(11) Any duties provisionally secured on the basis of Regu-

lation (EC) No 1251/2003 should be released,

(4) OJ L 175, 15.7.2003, p. 3.

16.12.2003

EN

Official Journal of the European Union

L 327/47

HAS DECIDED AS FOLLOWS:

Article 3

Article 1

The anti-dumping proceeding concerning imports of hollow
tubes and hollow
sections, which consist of welded pipes,
profiles of a square or rectangular cross-section of iron or steel
with the exception of those made of stainless steel or of a peri-
falling within CN codes
meter greater
and
ex 7306 60 31
ex 7306 60 39 (TARIC code 7306 60 39 90), originating in
Russia and Turkey, is hereby terminated without the imposition
of anti-dumping measures.

than 600 mm,

7306 60 31 90)

(TARIC

code

The amounts secured by way of the provisional anti-dumping
duty imposed pursuant to Regulation (EC) No 1251/2003 shall
be released.

Article 4

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

Done at Brussels, 15 December 2003.

Article 2

Regulation (EC) No 1251/2003 is hereby repealed.

For the Commission

Pascal LAMY

Member of the Commission