Proposal for a Council Regulation terminating the anti-dumping proceedings concerning imports of certain flat rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled, originating in Bulgaria and South Africa
Date: 2003-12-18
Institutions: European Commission
Subjects: Bulgaria, South Africa, anti-dumping legislation, import, originating product, plate, steel

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.12.2003
COM(2003) 804 final

Proposal for a

COUNCIL REGULATION

terminating the anti-dumping proceedings concerning imports of certain flat rolled
products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or
coated, in coils, not further worked than hot-rolled,
originating in Bulgaria and South Africa

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

The Commission initiated in December 2001 an interim review concerning the definitive anti-
dumping  measures  imposed  in  February  2000  on  hot  rolled  coils  originating,  inter  alia,  in
Bulgaria  and  South  Africa.  In  parallel,  the  Commission  also  initiated  a  new  investigation
concerning imports of the same product originating, inter alia, in Egypt, Slovakia and Turkey.

As a result of the above investigations, the Commission found injurious dumping caused by
the  imports  concerned  in  both  cases.  There  were  no  compelling  reasons  indicating  that
measures would be against Community interest.

Consequently,  the  Commission submitted to the  Council  a  proposal  to  amend  the  definitive
anti-dumping measures in force concerning imports of hot rolled coils originating in Bulgaria
and South Africa on the one hand and to impose definitive anti-dumping duties on imports of
the same product originating in Egypt, Slovakia and Turkey on the other hand.

However,  since  the  Council  did  not  adopt  the  Commission’s  proposal,  no  duties  were
imposed on imports of hot rolled coils  originating  in Egypt, Slovakia  and Turkey, since the
statutory deadline to impose such measures elapsed.

As  a  consequence  and  in  accordance  with  the  fundamental  principle  of  Community  law  of
non-discrimination  and  as  also  laid  out  in  Article  9(5)  of  the  Basic  Regulation,  the  interim
review  concerning  imports  of  the  same  product  originating  in  Bulgaria  and  South  Africa
should be terminated without the re-imposition of any measures.

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Proposal for a

COUNCIL REGULATION

terminating the anti-dumping proceedings concerning imports of certain flat rolled
products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or
coated, in coils, not further worked than hot-rolled,
originating in Bulgaria and South Africa

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  Community1
(hereinafter referred to as ‘the Basic Regulation’), and in particular Article 9(5) thereof,

Having  regard  to  Council  Regulation  (EC)  No  963/2002  of  3  June  2002  laying  down
transitional provisions concerning anti-dumping and anti-subsidy measures adopted pursuant
to Commission Decision No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-
dumping  and  anti-subsidy  investigations,  complaints  and  applications  pursuant  to  those
Decisions2,

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

Whereas:

1.

(1)

A. PROCEDURE

Legal basis

The  Treaty  establishing  the  European  Coal  and  Steel  Community  (ECSC  Treaty)
expired  on  23  July  2002.  Products,  which  were  previously  covered  by  the  ECSC
Treaty,  are  subject  to  the  Treaty  establishing  the  European  Community  since
24 July 2002.  Further  to  Council  Regulation  (EC)  No  963/2002  all  anti-dumping
investigations  pending  at  that  date  are  therefore  now  governed  by  the  Basic
Regulation.

1

2

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)
OJ L 149, 7.6.2002, p.3

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2.

(2)

(3)

3.

(4)

(5)

(6)

3

4

5

6

7

Measures in force and present review

In  February  2000,  by  Commission  Decision  No  283/2000/ECSC3,  the  Commission
imposed  definitive  anti  dumping  duties  on  imports  of  certain  flat  rolled  products  of
iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or  coated, in
coils, not further worked than hot-rolled (“hot rolled coils” or “HRC”), originating in
Bulgaria,  India,  Taiwan,  South  Africa,  and  Serbia  and  Montenegro4  and  accepted  a
minimum price undertaking offered by certain exporting producers in Bulgaria, India
and in South Africa.

Pursuant  to  Article  11(3)  of  Decision  n°  2277/96/ECSC5  (the  ECSC  Decision),  and
further to a complaint lodged in November 2001 by Eurofer (European Confederation
of  Iron  and  Steel  Industries)  (‘the  complainant’),  the  Commission  on  20  December
2001  announced  by  a  notice  published  in  the  Official  Journal  of  the  European
Communities6,  the  initiation  of  a  review  of  the  definitive  anti-dumping  duties  and
undertakings  imposed  by  Commission  Decision  No  283/2000/ECSC  as  amended  by
Commission  Decision  No  1043/2002/ECSC  on  imports  of  HRC  originating  in
Bulgaria and South Africa.

Parallel anti-dumping investigation

Further  to  a  complaint  lodged  by  Eurofer,  the  Commission  on  20  December  2001
announced by a notice published in the Official Journal of the European Communities7
also  the  initiation  of  an  anti-dumping  proceeding  pursuant  to  Article  5  of  the  ECSC
Decision with regard to imports into the Community of the same product (hot  rolled
coils) originating in Egypt, Hungary, Iran, Libya, Slovakia and Turkey.

B. TERMINATION OF THE PROCEEDINGS

In the parallel anti-dumping investigation concerning imports in the Community of hot
rolled  coils  originating  in  Egypt,  Hungary,  Iran,  Libya,  Slovakia  and  Turkey,  the
Commission, after investigation, proposed to the Council the imposition of definitive
anti-dumping  measures  on  imports  of  hot  rolled  coils  originating  in  Egypt,  Slovakia
and Turkey.  However,  the  Council  did  not  adopt  the  proposal  within  the  time  limits
laid down in the Basic Regulation. As a result, definitive measures were not imposed
on imports from Egypt, Slovakia and Turkey.

It is a general, fundamental principle of Community law to treat similar situations in a
non-discriminatory  way.  This  principle  is  reflected  by  Article  9(5)  of  the  Basic
Regulation,  which  provides  that  anti-dumping  duties  shall  be  imposed  on  a  non-
discriminatory basis on imports of a product from all sources found to be dumped and
causing injury.

OJ  L  31,  5.2.2000,  p.15  as  last  amended  by  Commission  Decision  No  1043/2002/ECSC  (OJ  L  157,
15.6.2002, p.45).
Formerly known as the Federal Republic of Yugoslavia
OJ  L  308,  29.11.1996,  p.  11,  as  amended  by  Commission  Decision  No  1000/1999  (OJ  L  122,
12.5.1999, p.35).
OJ C 364, 20.12.2001, p.8
OJ C 364, 20.12.2001, p.5

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(7)

(8)

(9)

Therefore,  it  is  concluded  that,  in  the  absence  of  measures  on  Egypt,  Slovakia  and
Turkey, the imposition of any measures on imports originating in Bulgaria and South
Africa as  a result  of the  present investigation would  be  discriminatory towards  these
two latter countries.

In consideration of the above, in order to ensure a coherent approach and to respect the
principle of non-discrimination as reflected by Article 9(5) of the Basic Regulation, it
is  necessary  to  terminate  the  proceedings  concerning  imports  of  hot  rolled  coils
originating in Bulgaria and South Africa, without imposition of anti-dumping duties.

The new investigation concerning Egypt, Slovakia and Turkey had to be concluded by
20  March  2003,  either  by  the  imposition  of  measures  or  the  termination  of  the
proceedings. The  investigation  concerning  imports  originating  in  Bulgaria  and  South
Africa  showed  similar  conclusions  and  should  therefore  be  treated  in  the  same  way.
Consequently, the proceedings concerning hot rolled coils originating in Bulgaria and
South  Africa  should  be  terminated  without  the  re-imposition  of  anti-dumping
measures, with retroactive effect as of 20 March 2003.

HAS ADOPTED THIS REGULATION:

Article 1

The  anti-dumping  proceedings  concerning  imports  of  certain  flat  rolled  products  of  iron  or
non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further
worked than hot-rolled originating in Bulgaria and South Africa are hereby terminated.

Article 2

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

It shall apply from 20 March 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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