Commission Regulation (EC) No 1288/2005 of 4 August 2005 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 964/2003 on imports of certain tube or pipe fittings, of iron or steel originating, inter alia, in the People’s Republic of China by imports of certain tube or pipe fittings, of iron or steel, consigned from the Philippines, whether declared as originating in the Philippines or not, and making such imports subject to registration
Date: 2005-08-04
Institutions: European Commission
Subjects: China, Philippines, anti-dumping legislation, anti-dumping measure, import, originating product, piping

5.8.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1288/2005

of 4 August 2005

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 964/2003 on imports of certain tube or pipe fittings, of
iron or steel originating, inter alia, in the People’s Republic of China by imports of certain tube or
pipe fittings, of iron or steel, consigned from the Philippines, whether declared as originating in the
Philippines or not, and making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Articles 13(3), 14(3) and
14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

A. REQUEST

(1)

(2)

(3)

to
The Commission has received a request pursuant
Article 13(3) of the basic Regulation to investigate the
possible circumvention of
the anti-dumping measures
imposed on imports of certain tube or pipe fittings, of
in the People’s
iron or
Republic of China.

steel, originating,

inter alia,

The request was lodged on 23 June 2005 by the Defence
Committee of the Steel Butt-Welding Fittings Industry of
four Community
the European Union on behalf of
producers.

B. PRODUCT

The product concerned by the possible circumvention is
tube or pipe fittings (other than cast fittings, flanges and
threaded fittings), of iron or steel (not including stainless
steel), with a greatest external diameter not exceeding
609,6 mm, of a kind used for butt-welding or other
CN codes
purposes,
declared
ex 7307 93 11,
and
ex 7307 93 19,
ex 7307 99 90 originating in the People’s Republic of
China (the product concerned). These codes are given
for information only.

under
ex 7307 99 30

normally

(4)

The product under investigation is tube or pipe fittings
(other than cast fittings, flanges and threaded fittings), of
iron or steel (not including stainless steel), with a greatest

external diameter not exceeding 609,6 mm, of a kind
used for butt-welding or other purposes, consigned
from the Philippines (the product under investigation)
normally declared under the same codes as the product
concerned.

C. EXISTING MEASURES

The measures currently in force and possibly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 964/2003 (2)
last
amended by Regulation (EC) No 2212/2003 (3).

as

D. GROUNDS

The request contains sufficient prima facie evidence that
the anti-dumping measures on imports of certain tube or
pipe fittings, of iron or steel, originating in the People’s
Republic of China are being circumvented by means of
the transhipment and incorrect declaration of origin via
the Philippines of certain tube or pipe fittings, of iron or
steel.

(5)

(6)

(7)

The evidence submitted is as follows.

to

the

and

Philippines

The request shows that a significant change in the
trade involving exports from the People’s
pattern of
Republic
the
of China
Community has taken place following the imposition
of measures on the product concerned, and that there
is insufficient due cause or justification other than the
imposition of the duty for such a change. This change in
the pattern of trade appears to stem from the trans-
hipment and incorrect declaration of origin of certain
tube or pipe fittings, of iron or steel, originating in the
People’s Republic of China via the Philippines.

Furthermore, the request contains sufficient prima facie
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
undermined in terms of quantities. Significant volumes of
imports of certain tube or pipe fittings, of iron or steel,
from the Philippines appear to have replaced imports of
concerned originating in the People’s
the product
Republic of China.

(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 139, 6.6.2003, p. 1.
(3) OJ L 332, 19.12.2003, p. 3.

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Official Journal of the European Union

5.8.2005

Finally, the request contains sufficient prima facie evidence
that the prices of certain tube or pipe fittings, of iron or
steel, are dumped in relation to the normal value
previously established for the product concerned.

Furthermore,

the Commission may hear
evidence.
interested parties, provided that they make a request in
writing and show that there are particular reasons why
they should be heard.

(8)

(9)

the Philippines
Should circumvention practices via
covered by Article 13 of
the basic Regulation other
than transhipment and incorrect declaration of origin
be identified in the course of the investigation, the inves-
tigation may cover these practices also.

E. PROCEDURE

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
an investigation pursuant to Article 13 of the basic Regu-
lation and to make imports of certain tube or pipe
fittings, of iron or steel, consigned from the Philippines,
whether declared as originating in the Philippines or not,
subject to registration, in accordance with Article 14(5)
of the basic Regulation.

(13)

(14)

(c) Exemption of registration of imports or measures

In accordance with Article 13(4) of the basic Regulation,
investigation may be
imports of
exempted from registration or measures if the impor-
tation does not constitute circumvention.

the product under

Since the possible circumvention takes place outside the
Community, exemptions may be granted, in accordance
with Article 13(4) of the basic Regulation, to producers
of the product concerned that can show that they are not
related to any producer subject to the measures and that
are found not to be engaged in circumvention practices
as defined in Articles 13(1) and 13(2) of the basic Regu-
lation. Producers wishing to obtain an exemption should
submit a request duly supported by evidence within the
time limit indicated in Article 3(3) of this Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation,
the Commission will send question-
naires to the exporters/producers and to the associations
of exporters/producers in the Philippines, to the exporter-
s/producers and to the associations of exporters/pro-
in the People’s Republic of China,
ducers
to the
importers and to the associations of importers in the
Community which cooperated in the investigation that
led to the existing measures and to the authorities of the
People’s Republic of China and the Philippines.
Infor-
mation, as appropriate, may also be sought from the
Community industry.

F. REGISTRATION

(15)

the product under

Pursuant to Article 14(5) of the basic Regulation, imports
of
investigation should be made
subject to registration in order to ensure that, should
in findings of circumvention,
the investigation result
anti-dumping duties of an appropriate amount can be
levied retroactively from the date of
registration of
such imports consigned from the Philippines.

G. TIME LIMITS

(16)

In the interest of sound administration,
should be stated within which:

time limits

(10)

interested parties should contact the
In any event, all
than the time
later
Commission forthwith, but not
limit set in Article 3 of this Regulation, - in order to
find out whether they are listed in the request and,
if
necessary, request a questionnaire - within the time limit
set in Article 3(1) of this Regulation, given that the time
limit set in Article 3(2) of this Regulation applies to all
interested parties.

— interested parties may make themselves known to the
Commission, present
in writing and
submit questionnaire replies or any other information
to be taken into account during the investigation,

their views

— producers in the Philippines may request exemption

from registration of imports or measures,

(11)

The authorities of the People’s Republic of China and the
Philippines will be notified of the initiation of the inves-
tigation.

— interested parties may make a written request to be

heard by the Commission.

(b) Collection of information and holding of hearings

(12) All

interested parties are hereby invited to make their
views known in writing and to provide supporting

(17) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
on the party’s making itself known within the time limits
mentioned in Article 3 of this Regulation.

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H. NON-COOPERATION

(18)

In cases in which any interested party refuses access to or
does not provide the necessary information within the
time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.

of products manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

Questionnaires should be requested from the Commission
this Regulation in the

1.
within 15 days from publication of
Official Journal of the European Union.

(19) Where it is found that any interested party has supplied
false or misleading information, the information shall be
in accordance with
disregarded and use may be made,
Article 18 of the basic Regulation, of facts available. If an
interested party does not cooperate or cooperates only
partially and findings are therefore based on facts
available in accordance with Article 18 of the basic Regu-
lation, the result may be less favourable to that party
than if it had cooperated,

Interested parties, if their representations are to be taken
2.
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit questionnaire replies or any other infor-
mation within 40 days from the date of the publication of
the European Union,
this Regulation in the Official
unless otherwise specified.

Journal of

HAS ADOPTED THIS REGULATION:

Producers in the Philippines requesting exemption from
3.
registration of imports or measures should submit a request
duly supported by evidence within the same 40-day time limit.

Article 1

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time limit.

iron or steel

flanges and threaded fittings), of

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of tube or pipe fittings (other than cast
fittings,
(not
including stainless steel), with a greatest external diameter not
exceeding 609,6 mm, of a kind used for butt-welding or other
purposes, falling within CN codes ex 7307 93 11 (TARIC code
7307 93 11 95), ex 7307 93 19 (TARIC code 7307 93 19 95),
ex 7307 99 30
and
code
ex 7307 99 90 (TARIC code 7307 99 90 95), consigned from
the Philippines, whether originating in the Philippines or not,
are circumventing the measures imposed by Regulation (EC) No
964/2003.

7307 99 30 95)

(TARIC

Any information relating to the matter, any request for a
5.
hearing or for a questionnaire as well as any request
for
exemption must be made in writing (not in electronic format,
unless otherwise specified) and must indicate the name, address,
e-mail address,
the
telephone,
interested party. All written submissions,
including the infor-
mation requested in this Regulation, questionnaire replies and
correspondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and,
in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
a non-confidential version, which will be labelled ‘For inspection
by interested parties’.

fax and/or telex numbers of

Article 2

Commission address for correspondence:

The customs authorities are hereby directed, pursuant
to
Articles 13(3) and 14(5) of Regulation (EC) No 384/96, to
take the appropriate steps to register the imports into the
Community identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of
entry into force of this Regulation.

The Commission, by Regulation, may direct customs authorities
to cease registration in respect of imports into the Community

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (+32-2) 295 65 05.

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council regarding public access to
European Parliament, Council and Commission documents
(OJ
L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

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

Article 4

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

Done at Brussels, 4 August 2005.

For the Commission

Peter MANDELSON
Member of the Commission