Council Regulation (EC) No 2117/2004 of 7 December 2004 extending the suspension of the anti-dumping duty imposed by 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
Date: 2004-12-07
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, coke, import, originating product

14.12.2004

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Official Journal of the European Union

L 367/3

COUNCIL REGULATION (EC) No 2117/2004

of 7 December 2004

extending the suspension of
the anti-dumping duty imposed by 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

THE COUNCIL OF THE EUROPEAN UNION,

that the suspension may be extended for a further period,
not exceeding one year, if the Council so decides on a
proposal from the Commission.

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), and in particular Article 14(4) thereof,

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

Whereas:

(1)

(2)

(3)

A. PROCEDURE

By Decision 2730/2000/ECSC (2),
the Commission
imposed a definitive anti-dumping duty of EUR 32,6
per tonne on imports of coke of coal in pieces with a
diameter of more than 80 mm (coke 80 +) originating in
the People's Republic of China (the PRC), falling within
CN code ex 2704 00 19(TARIC code 2704 00 19 10).

2004/264/EC (3)

the
By Decision
Commission suspended the definitive
anti-dumping
duty for a period of nine months, with effect from 20
March 2004.

(the Decision),

B. GROUNDS FOR EXTENDING OF THE SUSPENSION

Article 14(4) of the basic Regulation provides for the
possibility of suspension of anti-dumping measures in
the Community interest on the grounds that market
conditions have changed temporarily to an extent that
injury would be unlikely to resume as a result of such a
suspension.
be
The
the Commission for a
suspended by a decision of
further specifies
period of nine months. Article 14(4)

anti-dumping measures may

(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. Decision as amended by Council

Regulation (EC) No 997/2004 (OJ L 183, 20.5.2004, p. 1).

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

(4)

(5)

(6)

Following the suspension of the definitive anti-dumping
duty by the Decision, the Commission has, in accordance
with recital (15) of the Decision, continued to monitor
the market situation of coke 80 +. In addition to the
analysis of the imports from the PRC, a questionnaire
to all parties concerned requesting data on
was sent
production,
in volume and in prices on the
Community market and profitability for 2003 and the
first six months in 2004.

sales

Replies were received from both the complainant and
user industries. Four Community producers cooperated:
three from EU-15 (complainant industry) and one from
Poland. Twelve companies representing both the stone-
wool and foundry industries also cooperated.

Imports from the PRC

As to the volume of imports into the Community from
the PRC, it was found that during the first six months of
2004 the volume of imports of the product concerned
had decreased by 4 % compared to the same period in
it
2003. Based on the experience of previous years,
seems, however, that more imports are normally made
during the second half of the year. Indeed, in this case
the comparison of
imports between
January and June 2004 and the last six months of
2003 shows a decrease of 11 %.

the volume of

(7) With regard to prices, the average price of coke 80 +
during the first
in 2004 increased by
six months
107 % compared to the average price in 2003. On
the unit price was EUR 124 per tonne in
average,
2003 and EUR 256 per tonne during the first six
months of 2004. It is noted that during the first five
months of 2004 there was a slight increase, from EUR
110 to EUR 140, and that in June the price rose to EUR
403.

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Official Journal of the European Union

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(8)

(9)

Imports from other countries

total

During the original investigation, the PRC main compe-
titors were Poland and the Czech Republic. Based on
Eurostat,
countries were
924 602 tonnes compared to 318 005 tonnes from the
PRC in 2003. These countries are now part of
the
Community industry and their data have been taken
into consideration.

from these

imports

the

given

change

in market
temporary
Indeed,
conditions, and in particular the high level of prices of
the product concerned, which are far above the injurious
level found in the original investigation, together with the
shortage of coke 80 + supply, it is considered that the
injury caused to the Community industry by imports of
coke 80 + from the PRC is unlikely to resume under the
present circumstances, and that an extension of
the
suspension would be in the Community interest. Conse-
quently, the conditions for the suspension continue to be
fulfilled.

Situation of the Community producers

increased from 442 397 tonnes

The production among the Community producers (EU-
15)
in 2003 to an
estimated 543 920 tonnes in 2004, i.e. by 23 %. At the
same time, the sales volume increased by 35 % and prices
by 8 %. The Community industry seems to have started
to recover relatively well
from the previous injurious
situation, as the average profit was 8,5 % in 2003 and
12,4 % at the end of June 2004.

(14)

In view of the abovementioned findings, it is proposed
that the suspension of the anti-dumping duty on imports
of coke of coal in pieces with a diameter of more than
80 mm be extended for a further period of one year,
pursuant to Article 14(4) of the basic Regulation.

(15)

should be noted when this extended suspension
It
expires,
the anti-dumping duty in force will have
lapsed, unless a request for an expiry review is lodged.

(10) With regard to the new EU Member States, production of
coke 80 + is concentrated mainly in Poland and the
Czech Republic. One of the Polish producers cooperated
in this proceeding. EU-25 production among the coop-
erating companies increased by 30 % from 2003 to
2004. At the same time, the sales volume increased by
39 % and sales prices by 12 %. The average profit for EU-
25 producers was 13 % in 2003 and 19,1 % in 2004.

Situation of
industry)

the user

industry

(stone-wool and foundry

(11)

Prices of coke 80 + imported from the PRC by the user
industry increased from EUR 143 per tonne in 2003 to
EUR 255 per tonne in 2004 (April to June), i.e. by 78 %.
The volume of Chinese coke purchased by these users
decreased from 158 730 tonnes in 2003 to an estimated
volume of 65 114 tonnes in 2004, i.e. by 59 %.

(12) Users still maintain that the supply of coke 80 + does not
meet the demand on the Community market, despite
increases in production and sales by the
significant
Community industry.
that
Chinese coke 80 + is not available in sufficient quantities
and even then only at very high prices.

In addition,

they argue

that

is very volatile,

the coke market

(16) All interested parties were informed of the essential facts
and considerations leading to this conclusion. On the
grounds
the
Community industry requested an extension, limited to
nine months, of
the anti-dumping
the suspension of
duty.
In this respect it was considered that a shorter
period was not appropriate in the present context,
since pursuant to Article 14(4) of the basic Regulation,
measures may be reinstated, at any time and after consul-
tation,
suspension is no longer
if
applicable.

the reason for

(17)

For the period of the suspension, the Commission will
continue to monitor the development of imports of coke
80 + into the Community,

HAS ADOPTED THIS REGULATION:

Article 1

The suspension of the definitive anti-dumping duty imposed by
Commission Decision 2730/2000/ECSC is hereby extended
until 15 December 2005.

C. CONCLUSION

Article 2

(13)

From the above, it can be seen that the market is in the
same situation as when the measures were suspended.

This Regulation shall enter into force on the day following 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, 7 December 2004.

For the Council
The President

G. ZALM