2004/612/EC: Commission Decision of 28 July 2004 amending Decision 96/252/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China, Croatia and Thailand, and withdrawing the acceptance of undertakings offered by certain exporters in Thailand
Date: 2004-07-28
Institutions: European Commission
Subjects: China, Croatia, Thailand, anti-dumping legislation, anti-dumping measure, import, originating product, piping

25.8.2004

EN

Official Journal of the European Union

L 275/15

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 July 2004

amending Decision 96/252/EC accepting undertakings offered in connection with the anti-dumping
proceeding concerning imports of certain tube or pipe fittings, of iron or steel, originating in the
People's Republic of China, Croatia and Thailand, and withdrawing the acceptance of undertakings
offered by certain exporters in Thailand

(2004/612/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 (1) of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (the basic
Regulation), and in particular Articles 8(9) and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

The Council, by Regulation (EC) No 584/96 (2), imposed
definitive anti-dumping duties on imports of certain tube
or pipe fittings, of iron or steel originating in the People's
Republic of China, Croatia
last
confirmed by Council Regulation (EC) No 964/2003 (3).

and Thailand,

as

(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)

(3)

(4)

The measures applicable to these imports consist of an ad
valorem duty, except for two Thai exporting producers
from which undertakings were accepted by Commission
Decision 96/252/EC (4).

that

In April 2001 the Commission initiated an ex officio
interim review in order to examine the appropriateness
of the form of the measures concerning the imports
originating in Thailand (5). The review was initiated on
enforcement problems had been
the grounds
encountered in the monitoring of
the undertakings
accepted from the two exporters in Thailand: i.e. Awaji
Sangyo (Thailand) Co. Ltd and TTU Industrial Corp. Ltd.
The investigation was carried out in conjunction with the
expiry
review concluded by Regulation (EC) No
964/2003.

On the basis of the findings of this investigation, as
explained in recitals 33, 34 and 35 of Council Regulation
(EC) No 1496/2004 (6), it has been concluded that the
form of the measures in force is no longer appropriate,
as
form are not
considered appropriate and effective means of elimi-
nating the injurious effect of dumping.

the undertakings

in their present

of

the

undertakings

Therefore, and also in accordance with the relevant
question, which
clauses
authorise the Commission to unilaterally withdraw the
the Commission has
acceptance of
concluded that
the undertakings
the acceptance of
offered by Awaji Sangyo (Thailand) Co. Ltd and TTU
Industrial Corp. Ltd should be withdrawn.

the undertakings,

in

(2) OJ L 84, 3.4.1996, p. 1. Regulation as last amended by Regulation

(4) OJ L 84, 3.4.1996, p. 46. Decision amended by Decision

(EC) No 778/2003 (OJ L 114, 8.5.2003, p. 1).

2000/453/EC (OJ L 182, 21.7.2000, p. 25).

(3) OJ L 139, 6.6.2003, p. 1. Regulation as last amended by Regulation

(EC) No 2212/2003 (OJ L 332, 19.12.2003, p. 3).

(5) OJ C 103, 3.4.2001, p. 5.
(6) See page 1 of this Official Journal.

L 275/16

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Official Journal of the European Union

25.8.2004

(5)

(6)

(7)

conclusions

and given the opportunity

The exporters concerned were informed of the Commis-
sion's
to
comment. Their comments were taken into account
findings modified
and, where
invited to offer
accordingly. Both companies were
revised
alia,
inter
minimum import prices would have to be respected.
However, no offer has been received by the Commission.

undertakings

appropriate,

in which,

price

the

HAS ADOPTED THIS DECISION:

Article 1

The acceptance of the undertakings offered by Awaji Sangyo
(Thailand) Co. Ltd, Samutprakarn and by TTU Industrial Corp.
Ltd, Bangkok in connection with the anti-dumping proceeding
concerning imports of certain tube or pipe fittings, of iron or
is hereby withdrawn.
steel, originating,

in Thailand,

inter alia,

It follows from the above that, as provided for by Article
8(9) of the basic Regulation, the undertakings accepted
by Decision 96/252/EC should be withdrawn for both
Thai companies concerned.

In parallel to this Decision, the Council, by Regulation
(EC) No 1496/2004 has amended Regulation (EC) No
964/2003 imposing a definitive anti-dumping duty on
imports of certain tube and pipe fittings originating,
in Thailand and has imposed a definitive ad
inter alia,
valorem anti-dumping duty on the imports of
these
products manufactured by the companies concerned,

Article 2

Article 1(b) of Decision 96/252/EC shall be amended as follows:

The reference to Awaji Sangyo (Thailand) Co. Ltd, Samutprakarn
and to TTU Industrial Corp. Ltd, Bangkok shall be deleted.

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, 28 July 2004.

For the Commission

Pascal LAMY
Member of the Commission