2004/231/EC: Commission Decision of 8 March 2004 terminating the anti-dumping proceeding concerning imports of certain stainless steel cold-rolled flat products originating in the United States of America
Date: 2004-03-08
Institutions: European Commission
Subjects: United States, anti-dumping legislation, complaint to the Commission, flat product, import, originating product, steel

9.3.2004

EN

Official Journal of the European Union

L 70/43

COMMISSION DECISION

of 8 March 2004

terminating the anti-dumping proceeding concerning imports of certain stainless steel cold-rolled
flat products originating in the United States of America

(2004/231/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in
particular Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

On 4 November 2002,
the Commission received a
complaint concerning the alleged injurious dumping by
imports of certain stainless steel cold-rolled flat products
originating in the United States of America.

Iron and Steel

The complaint was lodged by the European Confedera-
tion of
Industries (Eurofer) acting on
behalf of Community producers representing a major
the total Community production of
proportion of
certain stainless steel cold-rolled flat products pursuant
to Article 4(1) and Article 5(4) of Regulation (EC) No
384/96 (the basic Regulation).

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

of

an

anti-dumping

The Commission, by a notice published in the Official
the European Communities (2),
accordingly
Journal
initiated
concerning
proceeding
imports into the Community of certain stainless steel
i.e. chromium-ferritic steel,
cold-rolled flat products,
containing less than 0,15 % of carbon and 10,5 % or
more and 18 % or less of chromium, flat-rolled, not
steel
further worked than cold-rolled, of
stainless
in the
containing by weight less than 2,5 % of nickel
standardised grades AISI 409/409L (EN 1.4512), AISI
441 (EN 1.4509) and AISI 439 (EN 1.4510) currently
ex 7219 31 00,
codes
classifiable
ex 7219 32 90,
ex 7219 34 90,
ex 7219 33 90,
ex 7219 35 90, ex 7220 20 29, ex 7220 20 49 and
ex 7220 20 89 and originating in the United States of
America.

within

CN

(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 C 314, 17.12.2002, p. 3.

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

The Commission, by Regulation (EC) No 1611/2003 (3)
(the provisional Regulation), imposed a provisional anti-
dumping duty amounting to 20,6 % for the sole coop-
erating exporting producer (exporting producer) and a
residual duty of 25,0 % on imports of certain stainless
steel cold-rolled flat products originating in the United
States of America.

Following the imposition of provisional anti-dumping
duties, the parties received a disclosure of the facts and
considerations on which the provisional Regulation was
based. They were also granted a period within which to
make representations subsequent to this disclosure.

The oral and written comments submitted by the inter-
ested parties were considered and, where appropriate,
taken into account for the definitive findings.

Additional verification visits were carried out at
the
premises of the following companies related to the coop-
erating USA exporting producer:

— AK Steel, SARL (France),

— AK Steel GmbH (Germany).

B. WITHDRAWAL OF THE COMPLAINT AND TERMINA-

TION OF THE PROCEEDING

By a letter of 27 January 2004 to the Commission,
Eurofer 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.

The Commission therefore concludes that
the anti-
dumping proceeding concerning imports into the Com-
munity of certain stainless steel cold-rolled flat products
originating in the United States of America should be
terminated without
the imposition of anti-dumping
measures.

(3) OJ L 230, 16.9.2003, p. 9.

L 70/44

EN

Official Journal of the European Union

9.3.2004

(13) Any duties provisionally secured on the basis of
Commission Regulation (EC) No 1611/2003 should be
released,

HAS DECIDED AS FOLLOWS:

Article 1

CN

The anti-dumping proceeding concerning imports of certain
stainless steel cold-rolled flat products, currently classifiable
ex 7219 32 90,
within
ex 7219 33 90,
ex 7219 35 90,
ex 7220 20 29,
ex 7220 20 49 and ex 7220 20 89 and
originating in the United States of America, is hereby termi-
nated.

ex 7219 31 00,

ex 7219 34 90,

codes

Regulation (EC) No 1611/2003 is hereby repealed.

Article 2

Article 3

The amounts secured by way of the provisional anti-dumping
duty imposed pursuant to Regulation (EC) No 1611/2003 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, 8 March 2004.

For the Commission

Pascal LAMY

Member of the Commission