2004/316/EC: Commission Decision of 5 April 2004 terminating the investigation into the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97, as last amended by Council Regulation (EC) No 235/2004, on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000, as last amended by Council Regulation (EC) No 1515/2002 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia and Ukraine and terminating the registration of such imports imposed by Commission Regulation (EC) No 1264/2003
Date: 2004-04-05
Institutions: European Commission
Subjects: Russia, Ukraine, anti-dumping measure, import, originating product, piping

6.4.2004

EN

Official Journal of the European Union

L 100/45

COMMISSION DECISION

of 5 April 2004

terminating the investigation into the alleged circumvention of anti-dumping measures imposed
by Council Regulation (EC) No 2320/97, as last amended by Council Regulation (EC) No 235/2004,
on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and
of anti-dumping measures imposed by Council Regulation (EC) No 348/2000, as last amended by
Council Regulation (EC) No 1515/2002 on imports of certain seamless pipes and tubes of iron or
non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by
imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in
Russia and Ukraine and terminating the registration of such imports imposed by Commission
Regulation (EC) No 1264/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

(2004/316/EC)

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), as last
amended by Regulation (EC) No 461/2004 (2), and in particular
Article 9 thereof,

On 23 November 2002, the Commission initiated an
interim and expiry review of
the abovementioned
measures concerning imports from Russia (7) pursuant to
Articles 11(2) and 11(3) of Regulation (EC) No 384/96
the
(the basic Regulation) and an interim review of
abovementioned measures concerning imports
from
Ukraine (8) pursuant to Article 11(3) of the basic Regu-
lation. These investigations are still ongoing.

After consulting the Advisory Committee,

2. Request

Whereas:

A. PROCEDURE

1. Existing measures

(1)

By Council Regulation (EC) No 2320/97 (3), as last
amended by Council Regulation (EC) No 235/2004( (4)),
and by Regulation (EC) No 348/2000 (5), as
last
amended by Regulation (EC) No 1515/2002 (6),
(the
original Regulations),
imposed definitive
anti-dumping duties of 26,8 % on imports of certain
iron or non-alloy steel
seamless pipes and tubes of
originating,
in Russia and of 38,5 % on
imports of certain seamless pipes and tubes of iron or
non-alloy steel originating, inter alia, in Ukraine.

the Council

inter alia,

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 322, 25.11.1997, p. 1.
(4) OJ L 40, 12.2.2004, p. 11.
(5) OJ L 45, 17.2.2000, p. 1.
(6) OJ L 228, 24.8.2002, p. 8.

(3)

(4)

On 2 June 2003, the Commission received a request
pursuant to Article 13(3) of the basic Regulation to
investigate
the anti-
the alleged circumvention of
dumping measures imposed on imports of certain seam-
less pipes and tubes of iron or non-alloy steel originating
in Russia and Ukraine. The request was submitted by the
Defence Committee of the Seamless Steel Tube Industry
of the European Union (the Applicant) on behalf of
producers representing a major proportion,
i.e. over
50 % of the Community production of certain seamless
pipes and tubes of iron or non-alloy steel.

The request contained sufficient prima facie evidence that
there had been a significant change in the pattern of
trade, as imports of certain seamless pipes and tubes of
iron or non-alloy steel originating in Russia and Ukraine
have decreased substantially following the imposition of
measures on the products concerned, while certain
seamless pipes and tubes of alloy steel, other than stain-
less steel, declared under Combined Nomenclature (9)
(CN) codes 7304 59 91 and 7304 59 93 and originating
in Russia and Ukraine had increased during the same
time span.

(7) OJ C 288, 23.11.2002, p. 2.
(8) OJ C 288, 23.11.2002, p. 11.
(9) OJ L 290, 28.10.2002, p. 1.

L 100/46

EN

Official Journal of the European Union

6.4.2004

ex 7304 10 10,

This change in the pattern of trade was alleged to stem
either from the practice that minimal quantities of other
substances are being added to the product concerned, so
that they fall outside the CN codes corresponding to the
definition of the products subject to the measures (CN
ex 7304 10 30, 7304 31 99,
codes
7304 39 91 and 7304 39 93), notwithstanding the fact
that the basic characteristics and uses of the products
remain unchanged, or from the practice of wrongly
declaring the product concerned under CN codes outside
the scope of the anti-dumping measures. It was further
alleged that there was insufficient due cause or economic
justification for these practices other than the existence
of the anti-dumping duties on certain seamless pipes and
tubes of iron or non-alloy steel originating in Russia and
Ukraine.

Finally, the Applicant alleged that the remedial effects of
the existing anti-dumping duties on imports of certain
seamless pipes and tubes of
iron or non-alloy steel
originating in Russia and Ukraine were being under-
mined, both in terms of quantities and prices, and that
dumping was taking place in relation to the normal
values previously established.

3. Initiation

By Commission Regulation (EC) No 1264/2003 (1) (the
initiating Regulation), the Commission initiated an inves-
tigation into the alleged circumvention of
the anti-
dumping measures imposed on imports of certain seam-
less pipes and tubes of iron or non-alloy steel originating
in Russia and Ukraine and, pursuant to Articles 13(3)
and 14(5) of the basic Regulation, directed the customs
authorities to register imports of certain seamless pipes
and tubes of iron or non-alloy steel, and of certain seam-
less pipes and tubes of alloy steel, other than stainless
steel declared under CN codes 7304 59 91 and
7304 59 93 and originating in Russia and Ukraine as
from 17 July 2003.

(9)

Replies to the questionnaires were submitted by five
producers in Russia, three producers in Ukraine, one
exporter in Russia, two exporters in Ukraine and one
trader in Switzerland. Replies to the questionnaire were
also submitted by eight traders/importers in the Com-
munity. The Commission carried out verification visits at
the premises of the following companies:

Russian producers:

— Taganrog Mettalurgical Works, Taganrog, Russia,

— OJSC Volzhsky Pipe Works, Volzskhy, Russia;

Russian exporter:

— CJSC Trade House TMK, Moscow, Russia;

Ukrainian producers:

— Dnepropetrovsk

Tube Works, Dnepropetrovsk,

Ukraine,

— Nizhnedneprovsky Tube Rolling Plant, Dneprope-

trovsk, Ukraine,

— Nikopolsky Seamless Tubes Plant, Dnepropetrovsk,

Ukraine;

Ukrainian exporters:

— Scientific Production Investment Group, Dneprope-

trovsk, Ukraine;

— AACS, Dnepropetrovsk, Ukraine;

Trader related to the Ukrainian company Scientific Production
Investment Group:

— Sepco S.A, Lugano, Switzerland;

Unrelated importers/traders in the Community:

— RWH, Germany,

— Eurosinara SRL, Italy,

— Merigo SPA, Italy.

5. Investigation period

4. Investigation

(10)

The investigation period covered the period from 1 July
2002 to 30 June 2003 (the IP). Data was collected from
the year 2000 up to the IP to investigate the change in
the pattern of trade.

(5)

(6)

(7)

(8)

The Commission advised the authorities of Russia and
Ukraine of the initiation of the investigation. Question-
naires were sent
to the producers and exporters in
Russia and Ukraine as well as to the importers in the
Community named in the request or known to the
Commission from the previous investigations. Interested
parties were given the opportunity to make their views
known in writing and to request a hearing within the
time limit set in the initiating Regulation.

(1) OJ L 178, 17.7.2003, p. 9.

B. WITHDRAWAL OF THE REQUEST AND TERMINA-

TION OF THE INVESTIGATION

(11)

By a letter of 9 February 2004, the applicant formally
withdrew its request to investigate the alleged circum-
vention of
imposed on
the anti-dumping measures
imports of certain seamless pipes and tubes of iron or
non-alloy steel originating in Russia and Ukraine.

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Official Journal of the European Union

L 100/47

(12) An investigation of alleged circumvention of anti-
dumping measures may, in cases where the request for
investigation has been withdrawn, be terminated. By the
analogous application of the provisions of Article 9(1) of
the basic Regulation, such termination may take place
unless such termination would not be in the Community
interest.

(13)

(14)

(15)

The Commission considered that,
in the absence of
information showing that termination of the investiga-
tion would not be in the Community interest,
the
present
Interested
investigation should be terminated.
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 anti-
The Commission therefore concludes that
circumvention investigation concerning
imports of
certain seamless pipes and tubes of iron or non-alloy
steel originating in Russia and Ukraine by imports of
certain seamless pipes and tubes of alloy steel, other
than stainless steel, normally declared under CN codes
7304 59 91 and 7304 59 93 or by wrong customs
declarations, should be terminated.

The registration of imports of certain seamless pipes and
tubes of iron or non-alloy steel, and of certain seamless
pipes and tubes of alloy steel, other than stainless steel
declared under CN codes 7304 59 91 and 7304 59 93
and originating in Russia and Ukraine, introduced by the
initiating Regulation should therefore be discontinued
and that Regulation be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

The investigation initiated by Commission Regulation (EC) No
1264/2003 concerning the alleged circumvention of anti-
dumping measures imposed by Council Regulation (EC) No
2320/97, as last amended by Council Regulation (EC) No 235/
2004, on imports of certain seamless pipes and tubes of iron
or non-alloy steel originating in Russia and of anti-dumping
measures imposed by Council Regulation (EC) No 348/2000,
as last amended by Council Regulation (EC) No 1515/2002 on
imports of certain seamless pipes and tubes of iron or non-
alloy steel originating in Ukraine by wrong declaration of
imports of the same product and by imports of certain seamless
pipes and tubes of alloy steel, other than stainless steel, declared
under CN codes 7304 59 91 and 7304 59 93 and originating
in Russia and Ukraine, and making such imports subject to
registration, is hereby terminated.

Commission Regulation (EC) No 1264/2003 is hereby repealed.

Article 2

Article 3

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, 5 April 2004.

For the Commission

Pascal LAMY

Member of the Commission