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 India, Taiwan and Serbia and Montenegro
Date: 2003-12-18
Institutions: European Commission
Subjects: India, Serbia and Montenegro, Taiwan, anti-dumping legislation, import, originating product, plate, steel

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.12.2003
COM(2003)801 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 India, Taiwan and
Serbia and Montenegro

(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  Community’s  fundamental  principle  of  non-
discrimination  and  with  the  provisions  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 was terminated without the re-imposition of any measures.

In  order  to  ensure  a  coherent  approach  and  to  respect  the  above  mentioned  fundamental
principle  of  non-discrimination  and  Article  9(5)  of  the  Basic  Regulation,  it  is  therefore
proposed  to  terminate  the  existing  proceedings  concerning  imports  of  hot  rolled  coils
originating in Taiwan, India and Serbia and Montenegro.

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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 India, Taiwan and
Serbia and Montenegro1

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  Community2
(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
Decisions3,

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

Whereas:

1.

(1)

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

3

Formerly known as the Federal Republic of Yougoslavia
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)

(7)

(8)

(9)

4

5

6

7

Measures in force

In  February  2000,  by  Commission  Decision  No  283/2000/ECSC4,  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 (hereinafter referred to as ‘hot rolled coils’),
originating in Bulgaria, India, Taiwan, South Africa, and Serbia and Montenegro.

Termination of the proceedings

Pursuant  to  Article  5  of  Decision  n°  2277/96/ECSC5  (the  ECSC  Decision),  the
Commission  on  20  December  2001  announced  by  a  notice  published  in  the  Official
Journal  of  the  European  Communities6  the  initiation  of  an  anti-dumping  proceeding
with  regard  to  imports  into  the  Community  of  hot  rolled  coils  originating  in  Egypt,
Hungary, Iran, Libya, Slovakia and Turkey.

Pursuant  to  Article  11(3)  of  the  ECSC  Decision,  the  Commission  on  20  December
2001  announced  by  a  notice  published  in  the  Official  Journal  of  the  European
Communities7,  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 hot rolled coils originating
in Bulgaria and South Africa.

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.

Therefore, it was concluded that, in the absence of measures on the imports originating
in Egypt, Turkey and Slovakia, the imposition of any measures on imports originating
in Bulgaria and South Africa as a result of the review mentioned in recital (4) would
have been discriminatory towards these two countries.

By  Council  Regulation  No  XXXXX,  the  Council  therefore  terminated  the  review
mentioned under recital (4)  without imposing any measures on  imports  of  hot  rolled
coils originating in Bulgaria and South Africa.

Commission Decision 283/2000/ECSC imposed definitive anti-dumping duties also on
imports of hot rolled coils originating in India, Taiwan and Serbia and Montenegro.

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).
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.5
OJ C 364, 20.12.2001, p.8

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(10)

(11)

In order to ensure a coherent approach and to respect the above mentioned principle of
non-discrimination as reflected by Article 9(5) of the Basic Regulation, it is therefore
necessary  to  terminate  the  existing  anti-dumping  proceedings  concerning  imports  of
hot rolled coils originating in Taiwan, India and Serbia and Montenegro.

The  investigation  concerning,  inter  alia,  Egypt,  Slovakia  and  Turkey  had  to  be
concluded on 20 March 2003, either by the imposition of measures or the termination
of  the  proceedings.  Given  that  the  same  treatment  must  be  applied  to  the  imports
originating  in  Taiwan,  Serbia  and  Montenegro,  and  India,  the  anti-dumping
proceedings  concerning  imports  of  hot  rolled  coils  originating  in  these  three  latter
countries should be terminated with a 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 Taiwan, Serbia  and Montenegro,  and  India 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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