Council Regulation (EC) No 438/2004 of 8 March 2004 extending the suspension of the extended anti-dumping duty imposed by Regulation (EC) No 1023/2003 on imports of certain malleable cast-iron tube or pipe fittings consigned from Argentina, whether declared as originating in Argentina or not
Date: 2004-03-08
Institutions: Council of the European Union
Subjects: Argentina, anti-dumping duty, import, originating product, piping

L 72/42

EN

Official Journal of the European Union

11.3.2004

COUNCIL REGULATION (EC) No 438/2004
of 8 March 2004
extending the suspension of the extended anti-dumping duty imposed by Regulation (EC) No
1023/2003 on imports of certain malleable cast-iron tube or pipe fittings consigned from
Argentina, whether declared as originating in Argentina or not

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 Community (1), (the
basic Regulation), and in particular Article 14(4) thereof,

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

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

By Regulation (EC) No 1784/2000 (2),
the Council
imposed a definitive anti-dumping duty of 34,8 % on
imports of threaded malleable cast-iron tube or pipe
fittings (malleable fittings) originating in Brazil, falling
within CN code 7307 19 10.

By Regulation (EC) No 1023/2003 (3),
the Council,
following an investigation initiated pursuant to Article
13 of the basic Regulation, extended the definitive anti-
dumping duty imposed by Regulation (EC) No 1784/
2000 on imports of malleable fittings originating in
Brazil to imports of malleable fittings consigned from
Argentina, whether declared as originating in Argentina
or not.

By Decision 2003/434/EC (4)
the
Commission suspended the definitive anti-dumping duty
extended by Article 1 of Regulation (EC) No 1023/2003
for a period of nine months, with effect from 18 June
2003.

(the Decision),

B. GROUNDS FOR THE EXTENSION OF THE SUSPEN-

SION

Article 14(4) of the basic Regulation provides for the
possibility of suspension of anti-dumping measures in
the Community interest on the grounds that market
conditions have temporarily changed to an extent that
injury would be unlikely to resume as a result of such a
suspension. The
be
suspended by a decision of the Commission for a period
of nine months. Article 14(4) of the basic Regulation

anti-dumping measures may

(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 208, 18.8.2000, p. 8.
(3) OJ L 149, 17.6.2003, p. 1.
(4) OJ L 149, 17.6.2003, p. 30.

further specifies that the suspension may be extended
the
for a further period, not exceeding one year,
Council so decides on a proposal from the Commission.

if

(5)

(6)

(7)

Following the suspension of the extended definitive anti-
dumping duty by the Decision, the Commission has, in
accordance with recital 12 of the Decision, continued to
monitor the development of the imports of malleable
fittings into the Community and the behaviour of indivi-
dual exporters from Argentina. It is confirmed that since
the extended duty was suspended, there have been no
imports of malleable fittings from Argentina and that
the imports of malleable fittings into the Community
from Brazil have reverted to the trade pattern of imports
from that country in the period before measures were
imposed.

Indeed, since 18 June 2003 there has been no resump-
tion of any circumvention and consequently it is unlikely
that the injury caused to the Community industry would
resume under the present circumstances. Therefore, the
conditions for the suspension are still fulfilled for the
time being.

the Decision,

It should be recalled that, as explained in recitals 6 to 9
the main reason why the Decision
of
concluded that injury was unlikely to resume, was that
the Argentinian authorities had taken measures against
imports of malleable fittings from Brazil, which had a
remedial effect. However, on 10 April 2003 the Argenti-
nian authorities decided to confirm the provisional
measures by imposing definitive measures on malleable
fittings of Brazilian origin for only 15 months, i.e. until
11 July 2004. According to the information given by
the Argentinian authorities, the measures may be subject
to an expiry review, but no additional information has
been submitted concerning such possible further action.
In case the measures imposed by Argentina on malleable
fittings of Brazilian origin are allowed to expire, there is
a risk of resumption of circumvention, since the main
guarantee for the elimination of circumvention would
no longer exist. In that case, the conditions for a further
suspension would no longer be met. Moreover, the anti-
fraud investigation, which had been initiated by the
Argentinian authorities in February 2002 concerning
imports of malleable fittings from Brazil, was terminated
without any measures.

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(8)

(9)

(10)

Under these circumstances, it cannot be concluded that
injury would be unlikely to resume in the period after
11 July 2004. It is therefore considered appropriate that
the definitive anti-dumping duty extended by Article 1
of Regulation (EC) No 1023/2003 be suspended for a
further period of four months, i.e. until 11 July 2004,
when the measures imposed by Argentina on imports of
malleable fittings originating in Brazil are due to expire.

In accordance with Article 14(4) of the basic Regulation,
the Community industry was given an opportunity to
comment upon the above. The Community industry did
not oppose the extension of
the
measures until 11 July 2004.

the suspension of

(11)

(12)

For the period of the suspension, the Commission shall
continue to monitor the development of the imports of
malleable fittings into the Community and the behaviour
of individual exporters from Argentina. In particular, the
Commission shall closely monitor the outcome of the
ongoing proceeding in Argentina.

intended to extend the suspension of

The Argentinian authorities were informed of the essen-
tial facts and considerations on the basis of which the
Council
the
extended definitive anti-dumping measures and were
given the opportunity to comment. No comments which
were of a nature to change the above conclusions were
received,

C. CONCLUSION

In conclusion, the Council considers that all require-
ments to extend the suspension of the anti-dumping
duties concerned, pursuant to Article 14(4) of the basic
Regulation, are met. Currently there are no exports of
malleable fittings from Argentina to the Community due
to, inter alia, the measures currently imposed by Argen-
tina on imports of malleable fittings originating in
Brazil. Injury linked to circumvention via Argentina is
unlikely to resume as long as the measures imposed by
Argentina are in place. For these reasons, it is considered
appropriate
extended anti-dumping duty
imposed by Regulation (EC) No 1023/2003 should be
further suspended until 11 July 2004.

that

the

HAS ADOPTED THIS REGULATION:

Article 1

The suspension of the extended definitive anti-dumping duty
imposed by Regulation (EC) No 1023/2003 is hereby extended
until 11 July 2004.

Article 2

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