Council Regulation (EC) No 1616/2004 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 Bulgaria and South Africa
Date: 2004-09-13
Institutions: Council of the European Union
Subjects: Bulgaria, South Africa, anti-dumping legislation, originating product, plate

17.9.2004

EN

Official Journal of the European Union

L 294/3

COUNCIL REGULATION (EC) No 1616/2004

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 Bulgaria and South Africa

THE COUNCIL OF THE EUROPEAN UNION,

2. Measures in force and present review

(2)

(3)

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:

A. PROCEDURE

(4)

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).

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
in coils,
600 mm or more, not clad, plated or coated,
not
further worked than hot-rolled (hot-rolled coils),
originating in Bulgaria, India, Taiwan, South Africa, and
Serbia and Montenegro and accepted a minimum price
undertaking offered by certain exporting producers in
Bulgaria, India and in South Africa.

of

to

11(3)

Article

Decision

No
Pursuant
2277/96/ECSC (4) (the ECSC Decision), and further to a
lodged in November 2001 by Eurofer
complaint
Iron and Steel
(European Confederation of
Industries)
the Commission on 20 December
(the complainant),
2001 announced by a notice published in the Official
Journal of the European Communities (5), the initiation of a
review of the definitive anti-dumping duties and under-
imposed by Decision No 283/2000/ECSC
takings
No
as
1043/2002/ECSC on imports of hot-rolled coils origi-
nating in Bulgaria and South Africa (6).

Commission

amended

Decision

by

3. Parallel anti-dumping investigation

to a

Eurofer,

complaint

lodged by

Further
the
Commission on 20 December 2001 announced by a
notice published in the Official
the European
Communities (7) also the initiation of an anti-dumping
proceeding pursuant to Article 5 of the ECSC Decision
with regard to imports into the Community of the same
product (hot-rolled coils) originating in Egypt, Hungary,
Iran, Libya, Slovakia and Turkey.

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

L 294/4

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Official Journal of the European Union

17.9.2004

(5)

(6)

(7)

(8)

B. TERMINATION OF THE PROCEEDINGS

the Council

In the parallel anti-dumping investigation concerning
imports into the Community of hot rolled coils origi-
nating in Egypt, Hungary,
Iran, Libya, Slovakia and
the Commission, after investigation, proposed
Turkey,
that
anti-dumping
measures on imports of hot rolled coils originating in
Egypt, Slovakia and Turkey. However, the Council did
the proposal within the time limits laid
not adopt
down in the basic Regulation. As a result, definitive
measures were not
imposed on imports from Egypt,
Slovakia and Turkey.

definitive

impose

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

is concluded that,

Therefore,
in the absence of
measures on Egypt, Slovakia and Turkey, the imposition
of any measures on imports originating in Bulgaria and
South Africa as a result of
investigation
would be discriminatory towards these two countries.

the present

In consideration of the foregoing, in order to ensure a
coherent approach and to respect the principle of non-
discrimination as reflected by Article 9(5) of the basic
Regulation, it is necessary to terminate the proceedings
concerning imports of hot-rolled coils originating in

Bulgaria and South Africa, without imposition of anti-
dumping duties.

(9)

The new investigation concerning Egypt, Slovakia and
Turkey had to be concluded by 20 March 2003, either
by the imposition of measures or the termination of the
proceedings. The investigation concerning imports origi-
nating in Bulgaria and South Africa showed similar
conclusions and should therefore be treated in the
the proceedings concerning
same way. Consequently,
hot-rolled coils originating in Bulgaria and South Africa
should be terminated without the re-imposition of anti-
dumping measures, with retroactive effect as from 20
March 2003,

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 Bulgaria and
South Africa 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