Council Regulation (EC) No 824/2004 of 26 April 2004 amending Regulation (EC) No 1784/2000 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: anti-dumping duty, import, originating product, piping, third country

L 127/10

EN

Official Journal of the European Union

29.4.2004

COUNCIL REGULATION (EC) No 824/2004

of 26 April 2004

amending Regulation (EC) No 1784/2000 imposing a definitive anti-dumping duty and collecting
definitively the provisional duty imposed on imports of certain malleable cast iron tube or pipe
fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the
Republic of Korea and Thailand

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty establishing the European Com-
munity,

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 the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

On 29 May 1999, by means of a notice published in the
Official Journal of the European Communities, the Commis-
sion announced the initiation of an anti-dumping
proceeding (2) in respect of imports of certain malleable
iron tube or pipe fittings originating in Brazil,
cast
Croatia, the Czech Republic,
the Federal Republic of
Yugoslavia, Japan, the People's Republic of China, the
Republic of Korea and Thailand (the product concerned).

This proceeding resulted in provisional anti-dumping
duties being imposed in February 2000 against Brazil,
the Czech Republic,
the People's Republic of
China, the Republic of Korea and Thailand by Regulation
(EC) No 449/2000 (3) in order to eliminate the injurious
effects of dumping.

Japan,

In the same Regulation, the Commission accepted an
undertaking offered by an exporting producer in the
Czech Republic, Moravske Zelezárny a.s.
(Moravske).
Subject to the conditions set out in Regulation (EC) No
449/2000, imports of the product concerned into the
Community manufactured by
company were
exempted from the said provisional anti-dumping duties,
pursuant to Article 2(1) of the same Regulation.

this

Definitive duties were later imposed against Brazil, the
Czech Republic, Japan, the People's Republic of China,
the Republic of Korea and Thailand by Regulation (EC)
No 1784/2000 (4). Subject
to the conditions set out
that Regulation also granted Moravske an
therein,
exemption to the definitive anti-dumping duties as an
undertaking had already been accepted definitively from
this company at the provisional stage of the proceeding.

(5)

(6)

(7)

(8)

B. FAILURE TO COMPLY WITH THE UNDERTAKING

The undertaking offered in the present case obliges the
company concerned,
inter alia, to export the product
concerned to the Community at or above certain
minimum import price levels (MIPs) specified therein.
The company also undertakes not to circumvent the
undertaking by making compensatory arrangements
with any other party which causes the net price paid by
the first independent customer in the Community to be
below the MIPs. Furthermore, In addition, Moravske is
obliged to send to the Commission a quarterly report of
all its export sales of the product concerned to the Com-
munity.

During a recent on-spot verification visit to the premises
of Moravske to verify the accuracy and veracity of data
submitted in the said quarterly reports, it was found that
the company had breached its undertaking by estab-
lishing a compensation scheme which enabled some of
its products subject to the undertaking to be sold in the
Community at prices below the MIPs. In addition, the
to the Commission
company had omitted to report
seventeen sales invoices for exports of
the product
subject to the undertaking.

Commission Regulation (EC) No 833/2004 (5) sets out in
more detail the nature of the breaches found.

In view of these breaches, acceptance of the undertaking
offered by Moravske (UT10, Taric additional code A097)
has been withdrawn by Commission Regulation (EC) No
833/2004 and a definitive anti-dumping duty should be
imposed
the products
concerned manufactured by Moravske.

forthwith on imports of

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ C 151, 29.5.1999, p. 21.
(3) OJ L 55, 29.2.2000, p. 3.

(4) OJ L 208, 18.8.2000, p. 8. Regulation as amended by Regulation

(EC) No 436/2004 (OJ L 72, 11.3.2004, p. 15.

(5) See page 37 of this Official Journal.

29.4.2004

EN

Official Journal of the European Union

L 127/11

(9)

In accordance with Article 8(9) of Regulation (EC) No 384/96, the rate of the anti-dumping duty
must be established on the basis of the facts established within the context of the investigation
which led to the undertaking. As the investigation in question was concluded by a final determin-
ation as to dumping and injury, by Regulation (EC ) No 1784/2000, it is considered appropriate
that the definitive anti-dumping rate is set at the level and in the form imposed by that Regulation,
namely 26,1 % of the net, free-at-Community-frontier price, before duty.

(10)

In view of the above, Regulation (EC) No 1784/2000 should be amended accordingly,

C. AMENDMENT OF REGULATION (EC) No 1784/2000

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 1784/2000 is hereby amended as follows:

Article 1

1. In the table in Article 1(2) the TARIC additional code ‘A999’ for the Czech Republic shall be replaced

by ‘–’.

2. The table in Article 2(3) shall be replaced by the following table:

‘Country

Company

Taric additional code

Republic of Korea

Thailand

Yeong Hwa Metal Co., Ltd
363-6, Namyang-dong, Chinhae
Kyongman
Korea

BIS Pipe Fitting Industry Co., Ltd
107 Moo 4, Petchkasem Road, Omnoi, Kratumban
Samutsakorn 74130
Thailand

Article 2

A093

A094’

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 Luxembourg, 26 April 2004.

For the Council

The President

B. COWEN