Proposal for a Council Regulation amending Commission Decision No 2730/2000/ECSC on imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of China and terminating the interim review of the anti-dumping measures imposed thereby
Date: 2004-04-19
Institutions: European Commission
Subjects: China, anti-dumping duty, coke, import, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.4.2004 
COM(2004) 283 final 

Proposal for a  

COUNCIL REGULATION  

amending Commission Decision No 2730/2000/ECSC on imports of coke of coal in pieces 
with a diameter of more than 80 mm originating in the People’s Republic of China and 
terminating the interim review of the anti-dumping measures imposed thereby 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

In  December  2000,  a  definitive  anti-dumping  duty  of  EUR  32.6  per  tonne  was  imposed  on 
imports of coke of coal in pieces with a diameter of more than 80 mm (coke 80+) originating 
in the People's Republic of China (‘PRC’) by Commission Decision N° 2730/2000/ECSC. 

On  11  December  2002,  the  Commission  initiated  an  interim  review  and  commenced  an 
investigation  at  the  request  of  Eucoke-EEIG  on  behalf  of  producers  representing  a  major 
proportion  of  the  total  Community  production  of  coke  80+.  The  applicant  had  provided 
sufficient  evidence  that  dumping  had  continued  and  even  increased  and  that  the  existing 
measures were no longer sufficient to counteract the injurious effects of dumping. 

On 15 December 2003 the applicant withdrew its complaint. In application of Article 9(1) of 
the  basic  Regulation,  where  a  complaint  is  withdrawn,  the  proceeding  may  be  terminated 
unless such termination would not be in the Community interest. 

The  Commission  has  assessed  all  the  various  interests  concerned,  namely  those  of  the 
Community producers, the importers and the users, and has concluded that the termination is 
not  contrary  to  the  interests  of  the  Community.  In  addition,  at  the  request  of  an  economic 
operator, the scope of application of the anti-dumping duty has been clarified. 

In the light of the above, the Commission proposes that the Council decide to terminate the 
interim review.  

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Proposal for a  

COUNCIL REGULATION  

amending Commission Decision No 2730/2000/ECSC on imports of coke of coal in pieces with a 
diameter of more than 80 mm originating in the People’s Republic of China and terminating the 
interim review of the anti-dumping measures imposed thereby 

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  Community1  (“basic 
Regulation”) and in particular Articles 9 and 11(3) thereof, 

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

Whereas: 

A. 

PROCEDURE 

1. 

Previous procedure 

(1) 

(2) 

By  Decision  No  2730/2000/ECSC2,  the  Commission  imposed  a  definitive  anti-
dumping  duty  on  imports  of  coke  of  coal  in  pieces  with  a  diameter  of  more  than 
80 mm,  falling  within  CN  code  ex  2704  00  19  (TARIC  code  2704  00  19  10), 
originating  in  the  People's  Republic  of  China  (‘country  concerned’  or  ‘PRC’).  The 
amount of the anti-dumping duty is equal to the fixed amount of EUR 32.6 per tonne 
of dry net weight. 

In  view  of  the  expiry  of  the  Treaty  establishing  the  European  Coal  and  Steel 
Community on 23 July 2002, the Council, by Regulation (EC) No 963/20023, decided 
to  Decision 
that  anti-dumping  measures  which  had  been  adopted  pursuant 
No 2277/96/ECSC  and  which  were  still  in  force  on  23 July  2002  shall  be  continued 
and  be  governed  by  the  provisions  of  the  basic  Regulation  with  effect  from  24 July 
2002.  

1 
2 
3 

OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). 
OJ L 316, 15.12.2000, p. 30. 
OJ  L  149,  7.6.2002,  p.  3,  as  last  amended  by  Regulation  (EC)  No  1310/2002  (OJ  L  192,  20.7.2002, 
p. 9). 

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(3) 

(4) 

(5) 

(6) 

(7) 

2.  Current procedure 

On 11 December 2002, the Commission announced, by notice published in the Official 
Journal  of  the  European  Communities4,  the  initiation  of  an  interim  review  of  the 
definitive anti-dumping measures applicable to imports of coke of coal in pieces with 
a  diameter  of  more  than  80  mm  (hereafter  "coke  80+"  or  "the  product  concerned") 
originating  in  the  PRC  in  accordance  with  Article  11(3)  of  the  basic  Regulation  and 
commenced an investigation. 

The  proceeding  was  initiated  following  a  request  lodged  by  Eucoke-EEIG  (the 
‘applicant’)  on  behalf  of  producers  representing  a  major  proportion  of  the  total 
Community production of coke of coal in pieces with a diameter of more than 80 mm. 
The  applicant  alleged  that  dumping  in  respect  of  the  PRC  had  continued  and  even 
increased  and  that  the  existing  measures  would  no  longer  be  sufficient  to  counteract 
the injurious  effects of  dumping. The  evidence contained in the  request for  a  review 
was considered sufficient to justify the initiation of the investigation. 

The  Commission  officially  advised  the  producers/exporters,  the  importers  and  the 
users known to be concerned, the representatives of the exporting country concerned, 
the  applicant Community  industry and the other known Community  producers about 
the  initiation  of  the  interim  review.  Interested  parties  were  given  the  opportunity  to 
make their views known in writing and to request a hearing within the time limit set 
out in the notice of initiation.  

3. 

Suspension of measures 

It  is  recalled  that  during  the  investigation  of  the  present  proceeding  a  number  of 
interested parties provided information on a change in market conditions after the end 
of the investigation period (1 October 2001 to 30 September 2002), thus fulfilling the 
conditions  required  under  Article 14(4)  of  the  basic  Regulation  to  justify  the 
suspension of the measures currently in force. 

The  investigation  showed  that  all  requirements  for  suspending  the  anti-dumping 
measures  were  met.  Therefore,  by  Commission  Decision  No  264/2004EC5,  the  anti-
dumping duty applicable to imports of coke of coal in pieces with a diameter of more 
than 80 mm originating in the PRC was suspended for a period of nine months.  

4.  Withdrawal of the application 

(8) 

By letter of 15 December 2003 to the Commission, Eucoke-EEIG formally withdrew 
its application. 

(9)  With regard to the fact that the investigation has not brought to light any consideration 
showing that such termination would not be in the Community interest, it is considered 
that the present proceeding should be terminated in accordance with Article 9(1) of the 
basic Regulation. 

4 
5 

OJ C 308, 11.12.2002, p. 2. 
OJ L 81, 19.3.2004, p. 89. 

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5. 

Form of the measures 

(10)  However,  during  the  investigation,  it  was  found  that  there  was  a  need  to  clarify  the 
scope  of  application  of  the  existing  measures  in  view  of  the  difficulties  faced  by  an 
economic operator with respect to the application of the measures in force. Indeed, it 
was found that anti-dumping duties were being collected by the customs authorities of 
one Member State on shipments of coke destined for use in blast furnaces, which are 
not  concerned  by  the  anti-dumping  measures,  and  comprise  only  a  small  part  of  the 
product concerned. In order to ensure a more efficient and uniform enforcement of the 
measures,  the exemption provided for  in  Commission Decision  No 2730/2000/ECSC 
for  exports  which  are  a  mixture  of  coke  of  coal  in  pieces  of  smaller  size  than  the 
product concerned and coke of coal in pieces not exceeding 100 mm is replaced by an 
exemption covering a mixture in which the proportion of coke exceeding 80 mm does 
not  constitute  more  than  20%  of  the  mixed  shipment.  In  addition,  the  ISO  standard 
should be used as the method of measurement.  

6.  Conclusion 

(11)  The  interim  review  should  be  terminated.  The  scope  of  application  of  the  existing 

measures should be clarified.  

HAS ADOPTED THIS REGULATION: 

Article 1 

The  interim  review  of  the  anti-dumping  measures  imposed  by  Commission  Decision 
No 2730/2000/ECSC  on  imports  of  coke  of  coal  in  pieces  larger  than  80  mm  in  maximum 
diameter, falling within CN code ex 2704 00 19 (TARIC code 2704 00 19 10) and originating 
in the People’s Republic of China is hereby terminated. 

Article 2 

Article 1 of Commission Decision No 2730/2000/ECSC is amended as follows: 

1. 
A definitive anti-dumping duty is hereby imposed on imports of coke of coal in pieces 
of a diameter of more than 80 mm, falling within CN code ex 2704 00 19 (Taric code 2704 00 
19 10) and originating in the People’s Republic of China. The diameter of the pieces shall be 
determined in accordance with the norm ISO 728: 1995. 

The amount of the anti-dumping duty shall be equal to the fixed amount of EUR 32.6 

2. 
per tonne of dry net weight. 

3. 
The  anti-dumping  duty  shall  also  apply  to  coke  of  coal  in  pieces  with  a  diameter  of 
more  than  80  mm,  when  shipped  in  mixtures  containing  both  coke  of  coal  in  pieces  with  a 
diameter of more than 80 mm and coke of coal in pieces with smaller diameters unless it is 
determined that the quantity of coke of coal in pieces with a diameter of  more  than 80  mm 
does not constitute more than 20% of dry net weight of the mixed shipment. The quantity of 
coke  of  coal  in  pieces  with  a  diameter  of  more  than  80  mm  contained  in  mixtures  may  be 
determined  on  the  basis  of  samples  in  accordance  with  Articles  68  to  70  of  Council 

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Regulation (EEC) N°2913/926. In cases where the quantity of  coke of  coal  in pieces  with a 
diameter  of  more  than  80  mm  is  determined  on  the  basis  of  samples,  the  sample  shall  be 
selected in accordance with the norm ISO 2309: 1980.  

Member States’ customs authorities may, upon receipt of a duly substantiated request 
4. 
from importers, reassess in the light of the above clarification, the situation of imports of the 
product  concerned  which  took  place  between  16  December  2000  and  the  date  of  entry  into 
force of this Regulation. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union.  

Article 3 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

6 

OJ L 302, 19.10.1992, p. 1. 

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