Council Regulation (EC) No 997/2004 of 17 May 2004 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: 2004-05-17
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, coke, import, originating product

20.5.2004

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Official Journal of the European Union

L 183/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 997/2004

of 17 May 2004

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
Community,

establishing the European

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), (‘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:

(1)

(2)

A. PROCEDURE

1. Previous procedure

By Decision No 2730/2000/ECSC (2), 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
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 the

the expiry of

In view of
the Treaty establishing the
European Coal and Steel Community on 23 July 2002,
the Council, by Regulation (EC) No 963/2002 (3), decided
that anti-dumping measures which had been adopted

(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 L 316, 15.12.2000, p. 30.
(3) OJ L 149, 7.6.2002, p. 3. Regulation as last amended by Regulation

(EC) No 1310/2002 (OJ L 192, 20.7.2002, p. 9).

pursuant to Decision No 2277/96/ECSC and which were
still in force on 23 July 2002 were to be continued and
governed by the provisions of the basic Regulation with
effect from 24 July 2002.

2. Current procedure

Journal of

On 11 December 2002, the Commission announced, by
notice published in the Official
the European
Communities (4),
the initiation of an interim review of
the definitive
to
anti-dumping measures
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.

applicable

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
the injurious effects of dumping. The
to counteract
evidence contained in the request
for a review was
considered sufficient to justify the initiation of the inves-
tigation.

The Commission officially
advised the producers/
the importers and the users known to be
exporters,
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)

(4)

(5)

(4) OJ C 308, 11.12.2002, p. 2.

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(6)

(7)

3. Suspension of measures

Article 1

It is recalled that during the investigation of the present
proceeding a number of interested parties provided infor-
mation on a change in market conditions after the end of
investigation period (1 October 2001 to 30
the
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 interim review of the anti-dumping measures imposed by
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.

the

requirements

for
The investigation showed that all
suspending
anti-dumping measures were met.
Therefore, by Commission Decision No 264/2004EC (1),
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.

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 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.

Article 2

Article 1 of Decision No 2730/2000/ECSC shall be replaced by
the following:

‘Article 1

A definitive anti-dumping duty is hereby imposed on
1.
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
the pieces shall be determined in
China. The diameter of
accordance with the norm ISO 728: 1995.

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

2.
the fixed amount of EUR 32,6 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 Regulation (EEC) No 2913/92 (*). 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.

4. Member States' customs authorities may, upon receipt of a
duly substantiated request from importers, reassess in the light
the
of
product concerned which took place between 16 December
2000 and 21 May 2004.

the above clarification,

the situation of

imports of

6. Conclusion

(11)

The interim review should be terminated. The scope of
application of the existing measures should be clarified,

___________
(*) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Commission Regulation (EC) No 60/2004 (OJ L 9,
15.1.2004, p. 8).’

HAS ADOPTED THIS REGULATION:

(1) OJ L 81, 19.3.2004, p. 89.

Article 3

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

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

Done at Brussels, 17 May 2004.

For the Council
The President

B. COWEN