Council Regulation (EC) No 1322/2004 of 16 July 2004 amending Regulation (EC) No 2320/97 imposing definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, Russia and Romania
Date: 2004-07-16
Institutions: Council of the European Union
Subjects: Romania, Russia, anti-dumping duty, import, originating product, piping, tube

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 1322/2004

of 16 July 2004

amending Regulation (EC) No 2320/97 imposing definitive antidumping duties on imports of certain
seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, Russia and Romania

THE COUNCIL OF THE EUROPEAN UNION,

Member States were automatically extended to be applied
also by the new Member States to imports from third
countries. Measures against the new Member States auto-
matically lapsed on the same date.

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)
(the
basic Regulation), in particular Articles 9, 11(2) and (3) thereof,

(3)

The measures currently in force apply to imports origi-
nating in Russia (anti-dumping duty of 26,8 % and three
price undertakings) and in Romania (anti-dumping duties
ranging from 9,8 to 38,2 % and four price undertakings).

Having regard to the proposal from the Commission, submitted
following consultation with the Advisory Committee provided
for by the basic Regulation,

Whereas:

A. PROCEDURE

1. Measures in force

(1)

By Regulation (EC) No 2320/97 (2), the Council imposed
definitive antidumping duties on imports of certain
iron or non-alloy steel,
seamless pipes and tubes, of
originating in Hungary, Poland, Russia,
the Czech
Republic, Romania and the Slovak Republic. Under-
takings offered by exporting producers
in Hungary,
Poland, the Czech Republic, Romania and the Slovak
Republic were accepted by Decision 97/790/EC (3) and
undertakings offered by exporting producers in Russia
were accepted by Commission Decision 2000/70/EC (4).

(4)

(5)

(2)

On 1 Mai 2004 the European Union enlarged to include
10 new Member States. As from that date, the anti-
dumping measures in force in the Community of 15

(6)

(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 322, 25.11.1997, p. 1 Regulation as last amended by Regu-

lation (EC) No 235/2004 (OJ L 40, 12.2.2004, p. 11).

(3) OJ L 322, 25.11.1997, p. 63.
(4) OJ L 23, 28.1.2000, p. 78.

2. Interim and expiry reviews

On 23 November 2002, the Commission published a
notice of initiation of an expiry and an interim review
of the anti-dumping measures applicable to imports of
certain seamless pipes and tubes, of iron or non-alloy
steel originating in Poland, Russia, the Czech Republic,
Romania and the Slovak Republic (5).

The review was requested by the Defence Committee of
the seamless steel tube industry of the European Union
on behalf of producers representing a major proportion
of the total Community production of certain seamless
pipes and tubes, of iron or non-alloy steel.

The request for the expiry review is based on the alle-
gation of continuation or recurrence of dumping and
injury to the Community industry. The request for the
interim review is based on the grounds that the form and
level of the measures are inappropriate to counteract the
dumping which is causing the injury.

(5) OJ C 288, 23.11.2002, p. 2.

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(7)

The review investigations are still ongoing in respect of
Russia and Romania.

(10)

3. Product concerned

(8)

The categories of products covered by the expiry and
interim reviews (Article 11(2) and (3) of the basic Regu-
lation) (the product concerned), are the same as the ones
in Regulation (EC) No 2320/97, i.e.

(a) seamless pipes, of iron or non-alloy steel, of a kind
used for oil and gas pipelines, of an external diameter
not exceeding 406,4 mm;

(b) seamless tubes of circular cross section, of iron or
non-alloy steel, cold-drawn or cold-rolled, other than
precision tubes;

c) other tubes of circular cross section, of

iron or
nonalloy steel, other than threaded or threadable, of
an external diameter not exceeding 406,4 mm

(11)

(12)

currently classifiable within CN codes ex 7304 10 10,
ex 7304 10 30,
and
7304 39 93 These CN codes are given only for infor-
mation.

7304 31 99,

7304 39 91

Following the adoption of the competition Decision, it
was initially considered that the potential link with Regu-
lation (EC) No 2320/97,
if any, was not such as to
require a re-examination of the findings of that Regu-
lation. However, following the publication of the compe-
tition Decision, one of the interested parties has raised
the issue of a possible impact of the anti-competitive
conduct on the anti-dumping measures in force, and
has provided further
issues
related to the injury and causation findings of Regulation
(EC) No 2320/97. This Regulation aims at examining
whether
the competition Decision should have any
consequences for the anti-dumping measures currently
in force.

information regarding

2. Product concerned by the competition Decision

The products concerned by the competition Decision are
seamless carbon-steel pipes and tubes, in particular those
used by the oil and gas industry. They include two major
categories, i.e. project line pipes for carrying oil and gas
over medium and short distances (LP) on the one hand
and borehole pipes and tubes, commonly called oil
country tubular goods (OCTG pipes and tubes) on the
other hand. Whereas LP are classifiable within CN code
ex 7304 10 the OCTG pipes and tubes are classifiable
within CN code 7304 21.

The product scope of the anti-dumping investigation is
wider than the products concerned by the competition
Decision. However, a comparison shows that product
categories falling under CN code ex 7304 10 10 and
CN code ex 7304 10 30,
line pipe of a kind used
i.e.
for oil or gas pipelines of an external diameter not
exceeding 406,4 mm, appear to be affected by both the
anti-dumping investigation and the competition infrin-
gement, even if this is only for a limited part of the
Community market of the product concerned.

B. ASSESSMENT OF
BETWEEN
THE
DECISION 2003/382/EC AND REGULATION (EC) No
2320/97

RELATION

1. Proceeding on anti-competitive conduct under
Article 81 of the EC Treaty

(9)

In Commission Decision 2003/382/EC (the competition
Decision) (1), several Community producers were fined
for involvement in two cases of infringement of Article
81(1) of the EC Treaty.

(1) OJ L 140, 6.6.2003, p. 1.

3. Producers concerned

(13)

anti-dumping

investigation 10 Community
In the
producers cooperated, representing more than 90 % of
the total Community production of the product subject
to investigation. Three out of the 10 companies were
also involved in the infringement of Article 81(1) of
the EC Treaty.

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4. Infringement during investigation period and
period considered

(14)

The period for the examination of dumping and injury
lasted from 1 September 1995 to 31 August 1996
(investigation period) whereas the examination of trends
relevant for the injury assessment in the anti-dumping
investigation covered the period from January 1992 to
the end of the investigation period, i.e. 31 August 1996
(period considered).

(15)

Two infringements have taken place within the investi-
gation period and the period considered:

5. Analysis

(18) As stated above, there is a partial overlap between the
anti-dumping proceeding and the occurrence of the anti-
competitive conduct. The product subject to the anti-
falls partially within the product
competitive conduct
scope of
the anti-dumping investigation (recital 12).
The investigation period and the period considered of
the anti-dumping proceeding and the period for which
the infringement of the competition rules was found,
overlap partly (recital 17). Finally,
the
Community producers involved in the anti-competitive
conduct were also part of the Community industry as
defined in the anti-dumping proceeding (recital 13).

a part of

(a) in the EU-Japan cartel, the producers concerned have
infringed Article 81(1) of the EC Treaty by partici-
together with other producers,
pating,
in an
inter alia,
agreement providing,
for the observance
of
their respective domestic markets for seamless
standard threaded OCTG pipes and tubes and LP.
The
lasted from 1990 to 1995,
although it could not be clearly proven when in
1995 the operations actually stopped;

infringement

b)

in a parallel European cartel the producers infringed
Article 81(1) of the EC Treaty by concluding, in the
context of the anti-competitive conduct mentioned
under (a), contracts which resulted in a sharing of
the supplies of plain end OCTG pipes and tubes.
lasted from 1991 to 1999 and
The infringement
from 1993 to 1997 for one of
the producers
concerned in the anti-dumping investigation.

(19) Given that

scope,

the overlap in the product

the
the two
companies involved and the time period of
proceedings is only partial,
it has been found that the
impact of this anti-competitive conduct has affected, to a
limited extent, the anti-dumping investigation on which
In
the definitive duties imposed in 1997 were based.
addition, when excluding the data of
the companies
found to have infringed Article 81(1) of the EC Treaty,
the results appear
to remain comparable to those
calculated on the basis of the data of the ten cooperating
including those participating in
Community producers,
i.e.
the
anti-competitive
it is highly
injurious dumping would still exist. Thus,
the
unlikely that
impact on
Community producers has had a material
the original findings of the anti-dumping investigation.
However, it cannot be confirmed with certainty that the
overall market conditions would have been the same in
the absence of this anti-competitive conduct.

the anti-competitive behaviour of

abovementioned

conduct,

(16)

The infringement mentioned under recital 15(b) does not
directly affect the anti-dumping investigation since the
product concerned falls under CN code 7304 21,
i.e.
outside the scope of the anti-dumping investigation.

(20)

(17) With regard to the infringement mentioned under recital
the overlap in time between the investigation
15(a)
and
anti-dumping proceeding
the
period of
operation of
from 1
runs
September 1995 until 31 December 1995. With regard
to the period considered, the overlap is from January
1992 to 31 December 1995.

EU-Japan cartel

the

the

6. Conclusion

and

good

administrative

In view of the above, it is considered appropriate to no
longer apply the measures established by Regulation (EC)
No 2320/97. This is in line with the principles of sound
practice.
administration
Furthermore,
it is to be noted that in the context of
the ongoing interim and expiry reviews new findings
should be available within the near future to permit an
assessment for the future on the basis of data clearly not
affected by the anti-competitive conduct. Until
the
ongoing reviews are concluded,
the duties should no
longer be collected. It also follows from the above that
undertakings currently in force are no longer applied
pending the outcome of the ongoing reviews.

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(21)

Interested parties have been informed of the intention to
no longer apply the measures established by Regulation
(EC) No 2320/97. They were also granted a period
within which
representations
subsequent to this disclosure.

could make

they

Article 1

In Regulation (EC) No 2320/97, the following Article shall be
added:

‘Article 8

(22)

The oral and written arguments submitted by the parties
were considered and, where appropriate, were taken into
account,

Articles 1, 2 and 3 shall not be applied as from 21 July
2004’

Article 2

HAS ADOPTED THIS REGULATION:

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 Brussels, 16 July 2004.

For the Council
The President

A. NICOLAÏ