Council Regulation (EC) No 492/2004 of 8 March 2004 amending Regulation (EC) No 1338/2002 imposing a definitive countervailing duty on imports of sulphanilic acid originating in India and amending Regulation (EC) No 1339/2002 imposing a definitive anti-dumping duty on imports of sulphanilic acid originating, inter alia, in India
Date: 2004-03-08
Institutions: Council of the European Union
Subjects: India, anti-dumping duty, chemical product, countervailing charge, import, originating product

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 492/2004

of 8 March 2004

amending Regulation (EC) No 1338/2002 imposing a definitive countervailing duty on imports of
sulphanilic acid originating in India and amending Regulation (EC) No 1339/2002 imposing a
definitive anti-dumping duty on imports of sulphanilic acid originating, inter alia, in India

THE COUNCIL OF THE EUROPEAN UNION,

B. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING

Having regard to the Treaty establishing the European
Community,

(4)

Kokan Synthetics & Chemicals Pvt. Ltd advised the
Commission in December 2003 that it wished to with-
draw its undertaking voluntarily.

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), and in
particular Articles 8 and 9 thereof,

Having regard to Council Regulation (EC) No 2026/97 of 6
October 1997 on protection against subsidised imports from
countries not members of the European Community (2), and in
particular Articles 13 and 15 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

In July 2002, the Council, by Regulation (EC) No 1338/
2002 (3),
imposed definitive countervailing duties on
imports of sulphanilic acid originating in India. On the
same day, the Council, by Regulation (EC) No 1339/
2002 (4),
imposed definitive anti-dumping duties on
imports of sulphanilic acid originating in the People's
Republic of China and India.

(2) Within the

framework of

the
Commission, by Decision 2002/611/EC (5), accepted a
price undertaking offered by the Indian company Kokan
Synthetics & Chemicals Pvt. Ltd (the Company).

these proceedings,

(5)

Accordingly, Decision 2002/611/EC has been repealed.

(6)

(7)

C. DEFINITIVE COUNTERVAILING AND ANTI-DUMPING

DUTIES

The investigation which led to the undertaking offered
by the Company was concluded by (i) a final determin-
ation as to subsidisation and injury by Regulation (EC)
No 1338/2002 and (ii) a final determination as to
dumping and injury by Regulation (EC) No 1339/2002.

Pursuant to Article 13(9) of Regulation (EC) No 2026/97
and Article 8(9) of Regulation (EC) No 384/96, the rate
the countervailing and anti-dumping duty to be
of
imposed on imports produced and exported by the
Company must be based on the facts established within
the context of the investigations which led to the under-
taking. In this regard, in view of recital 67 of Regulation
(EC) No 1338/2002 and recital 46 of Regulation (EC)
No 1339/2002,
it is considered appropriate that the
definitive countervailing duty rate be set at a level of
7,1 % ad valorem and the definitive anti-dumping duty
rate at the level of 18,3 % ad valorem.

D. AMENDMENT OF REGULATIONS (EC) No 1338/2002

AND (EC) No 1339/2002

(8)

In view of the above, Article 1(3) and Article 2 of Regu-
lation (EC) No 1338/2002, as well as Article 1(3) and
Article 2 of Regulation (EC) No 1339/2002 and their
corresponding Annexes should be repealed,

(3)

Imports of sulphanilic acid originating in India, exported
to the Community by the Company (TARIC additional
code A 398), were exempted from the countervailing
and anti-dumping duties by Article 2 of Regulations (EC)
No 1338/2002 and (EC) No 1339/2002.

(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 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) 1973/2002 (OJ L 305, 7.11.2002, p. 4).

(3) OJ L 196, 25.7.2002, p. 1.
(4) OJ L 196, 25.7.2002, p. 11, Regulation as amended by Regulation

(EC) No 236/2004, (OJ L 40, 12.2.2004, p. 17).

(5) OJ L 196, 25.7.2002, p. 36.

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(3) and Article 2 of Regulation (EC) No 1338/2002
and its Annex are hereby repealed.

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Article 2

Article 3

Article 1(3) and Article 2 of Regulation (EC) No 1339/2002
and its Annex are hereby repealed.

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 Brussels, 8 March 2004.

For the Council

The President

D. AHERN