Council Regulation (EC) No 1615/2004 of 13 September 2004 terminating the anti-dumping proceedings concerning imports of certain flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled, originating in India, Taiwan and Serbia and Montenegro
Date: 2004-09-13
Institutions: Council of the European Union
Subjects: India, Serbia and Montenegro, Taiwan, anti-dumping legislation, originating product, plate

17.9.2004

EN

Official Journal of the European Union

L 294/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1615/2004

of 13 September 2004

terminating the anti-dumping proceedings concerning imports of certain flat-rolled products of iron
or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further
worked than hot-rolled, originating in India, Taiwan and Serbia and Montenegro

THE COUNCIL OF THE EUROPEAN UNION,

2. MEASURES IN FORCE

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) (here-
inafter referred to as the Basic Regulation), and in particular
Article 9(5) thereof,

Having regard to Council Regulation (EC) No 963/2002 of
3 June 2002 laying down transitional provisions concerning
anti-dumping and anti-subsidy measures adopted pursuant to
Commission
No
1889/98/ECSC as well as pending anti-dumping and anti-
subsidy investigations, complaints and applications pursuant
to those Decisions (2),

2277/96/ECSC

Decision

and

No

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

Whereas:

1. LEGAL BASIS

(1)

The Treaty establishing the European Coal and Steel
Community (ECSC Treaty) expired on 23 July 2002.
Products, which were previously covered by the ECSC
Treaty,
to the Treaty establishing the
European Community since 24 July 2002. Further to
Regulation (EC) No 963/2002, all anti-dumping investi-
gations pending at that date are therefore now governed
by the Basic Regulation.

subject

are

(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 149, 7.6.2002, p. 3. Regulation as amended by Regulation (EC)

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

(2)

(3)

(4)

In February 2000, by Commission Decision No
283/2000/ECSC (3), the Commission imposed definitive
anti dumping duties on imports of certain flat-rolled
iron or non-alloy steel, of a width of
products of
600 mm or more, not clad, plated or coated,
in coils,
not further worked than hot-rolled (hereinafter referred
to as hot-rolled coils), originating in Bulgaria,
India,
Taiwan, South Africa, and Serbia and Montenegro.

3. TERMINATION OF THE PROCEEDINGS

Pursuant to Article 5 of Decision No 2277/96/ECSC (4)
(the ECSC Decision), the Commission on 20 December
2001 announced by a notice published in the Official
the European Communities (5) the initiation of
Journal of
an anti-dumping proceeding with regard to imports
into the Community of hot-rolled coils originating in
Egypt, Hungary, Iran, Libya, Slovakia and Turkey.

the ECSC Decision,

to Article 11(3) of

Pursuant
the
Commission on 20 December 2001 announced by a
notice published in the Official
the European
Communities (6), the initiation of a review of the definitive
anti-dumping duties
imposed by
Commission Decision No 283/2000/ECSC as amended
by Commission Decision No 1043/2002/ECSC (7) on
imports of hot-rolled coils originating in Bulgaria and
South Africa.

and undertakings

Journal of

(3) OJ L 31, 5.2.2000, p. 15. Decision as last amended by Council

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

(4) OJ L 308, 29.11.1996, p. 11. Decision as

last amended by
Commission Decision No 435/2001/ECSC (OJ L 63, 3.3.2001,
p. 14).

(5) OJ C 364, 20.12.2001, p. 5.
(6) OJ C 364, 20.12.2001, p. 8.
(7) OJ L 157, 15.6.2002, p. 45.

L 294/2

EN

Official Journal of the European Union

17.9.2004

(5)

(6)

(7)

(8)

(9)

The Commission, after investigation, proposed that the
impose definitive anti-dumping measures on
Council
in Egypt,
imports of hot-rolled
Slovakia and Turkey. However,
the Council did not
adopt the proposal within the time limits laid down in
the Basic Regulation. As a result, definitive measures were
not
from Egypt, Slovakia and
Turkey.

imposed on imports

coils originating

It is a general, fundamental principle of Community law
to treat similar situations in a non discriminatory way.
This principle is reflected by Article 9(5) of the Basic
Regulation, which provides that anti-dumping duties are
to be imposed on a non-discriminatory basis on imports
of a product from all sources found to be dumped and
causing injury.

it was concluded that,

Therefore,
in the absence of
measures on the imports originating in Egypt, Slovakia
and Turkey, the imposition of any measures on imports
originating in Bulgaria and South Africa as a result of the
review mentioned in recital 4 would have been discrimi-
natory towards these two countries.

therefore

By Council Regulation (EC) No 1616/2004 (1),
the
review mentioned
Council
under
imposing any measures on
imports of hot-rolled coils originating in Bulgaria and
South Africa.

recital 4 without

terminated the

283/2000/ECSC imposed

Decision
anti-
dumping duties also on imports of hot-rolled coils origi-
nating in India, Taiwan and Serbia and Montenegro.

definitive

(10)

(11)

In order to ensure a coherent approach and to respect
the abovementioned principle of non-discrimination as
it is
reflected by Article 9(5) of the Basic Regulation,
therefore necessary to terminate
existing anti-
dumping proceedings concerning imports of hot-rolled
coils originating in Taiwan,
India and Serbia and
Montenegro.

the

The investigation concerning,
inter alia, Egypt, Slovakia
and Turkey had to be concluded on 20 March 2003,
either by the imposition of measures or the termination
of the proceedings. Given that the same treatment should
be applied to the imports originating in Taiwan, Serbia
and Montenegro,
anti-dumping
proceedings concerning imports of hot-rolled coils origi-
nating in these three countries should be terminated with
retroactive effect as from 20 March 2003,

India,

and

the

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping proceedings concerning imports of certain
flat-rolled products of iron or non-alloy steel, of a width of
600 mm or more, not clad, plated or coated,
in coils, not
further worked than hot-rolled originating in Taiwan, Serbia
and Montenegro, and India are hereby terminated.

Article 2

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

It shall apply from 20 March 2003.

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

Done at Brussels, 13 September 2004.

For the Council
The President

B. R. BOT

(1) See page 3 of this Official Journal.