Council Regulation (EC) No 1866/2005 of 8 November 2005 extending the partial suspension of the definitive anti-dumping duties imposed by Regulation (EC) No 258/2005 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine
Date: 2005-11-08
Institutions: Council of the European Union
Subjects: Croatia, Ukraine, anti-dumping duty, anti-dumping legislation, piping, tube

17.11.2005

EN

Official Journal of the European Union

L 300/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1866/2005

of 8 November 2005

extending the partial suspension of the definitive anti-dumping duties imposed by Regulation (EC)
No 258/2005 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating
in Croatia and Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

(2)

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,

(3)

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

Whereas:

A. PROCEDURE

(4)

(1)

a

out

carried

review investigation

Following
in
accordance with Article 11(3) of the basic Regulation
(review investigation), the Council, by Regulation (EC)
No 258/2005 (2) (the definitive Regulation), imposed an
anti-dumping duty of 38,8 % on imports of certain
seamless pipes and tubes of
iron or non-alloy steel
(SST) originating in Croatia and an anti-dumping duty
of 64,1 % on imports of SST originating in Ukraine
imports from Dnipropetrovsk
with the exception of
Tube Works
to an anti-
(DTW) which are subject
dumping duty of 51,9 % (the existing measures). The
anti-
definitive Regulation thus
dumping duties
imposed by Regulation (EC) No
348/2000 (3) and repealed the possibility of exemption
from the duties provided for in Article 2 of Regulation
(EC) No 348/2000 (original measures).

amended definitive

(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 46, 17.2.2005, p. 7.
(3) OJ L 45, 17.2.2000, p. 1. Regulation as last amended by Regulation

(EC) No 258/2005.

2005/133/EC (4)

the
By Decision
Commission suspended the definitive
anti-dumping
duties partially for a period of nine months, with effect
from 18 February 2005.

(the Decision),

B. MEASURES IN FORCE ON IMPORTS OF SST FROM
ROMANIA AND RUSSIA

By Regulation (EC) No 2320/97, anti-dumping duties
were imposed on imports of SST originating,
inter alia,
in Romania and Russia (5). By Decisions 97/790/EC (6)
and 2000/70/EC (7), undertakings were accepted from
inter alia, Romania and Russia. By Regu-
exporters in,
lation (EC) No 1322/2004 (8),
it was decided to no
longer apply the measures in force on imports of SST
originating in Romania and Russia (the non-applied
measures) as a matter of prudence due to an anti-compe-
titive behaviour of certain Community producers (9).

C. GROUNDS

FOR

EXTENDING

THE

PARTIAL

SUSPENSION

Article 14(4) of the basic Regulation provides that, in the
Community interest, anti-dumping measures may be
suspended on the grounds that market conditions have
temporarily changed to an extent that injury would be
unlikely to resume as a result of such a suspension. The
anti-dumping measures may be suspended by a decision
of the Commission for a period of nine months. Article
14(4) also specifies that the suspension may be extended
for a further period, not exceeding one year,
the
Council so decides on a proposal from the Commission.
the anti-dumping
Article 14(4)
measures concerned may be reinstated at any time if
the reason for suspension is no longer applicable.

further specifies that

if

(4) OJ L 46, 17.2.2005, p. 46.
(5) OJ L 322, 25.11.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 1322/2004 (OJ L 246, 20.7.2004, p. 10).

(6) OJ L 322, 25.11.1997, p. 63.
(7) OJ L 23, 28.1.2000, p. 78.
(8) OJ L 246, 20.7.2004, p. 10.
(9) See recitals (9) et seq. of Regulation (EC) No 1322/2004.

L 300/2

EN

Official Journal of the European Union

17.11.2005

Following the partial suspension of the definitive anti-
dumping duties by the Decision, the Commission has
continued to monitor the market situation of SST,
in
particular with regard to import
flows from Croatia
and Ukraine.

An examination of recent import flows reveals that the
imports from Croatia and Ukraine have remained at very
low levels.

(8)

(9)

(10)

(5)

(6)

(7)

imports

is unlikely that

it is considered that,

It is considered that the market is in the same situation
as when the measures were partially suspended. Given
the very low levels of
from Croatia and
Ukraine,
in this specific situation,
it
injury to the Community industry
would resume if the partial suspension of the measures
would be extended. Indeed, as long as the current market
conditions prevail, where Russian and Romanian imports
are likely to maintain their strong presence, it would be
unlikely that Ukrainian and/or Croatian imports would
increase significantly. As a result,
injury would be
such extended
unlikely to resume
suspension. Indeed, because of the special circumstances
regarding, inter alia, the non-application of the measures
on imports from Russia and Romania,
it is considered
that the duty levels of 23 % and 38,5 % established in the
original investigation for Croatia and Ukraine respectively
would be sufficient to eliminate injurious dumping.

a result of

as

it is proposed that the partial
For the above reasons,
suspension of the anti-dumping measures on imports
of SST be extended for a further period of one year,
pursuant to Article 14(4) of the basic Regulation.

Should the reasons for the suspension no longer be
applicable, the anti-dumping measures may be reinstated
and the partial suspension repealed forthwith.

D. CONSULTATION OF THE COMMUNITY INDUSTRY

the Commission

In accordance with the provisions of Article 14(4) of the
basic Regulation
the
Community industry of
intention to extend the
the anti-dumping measures and
partial suspension of
provided it with an opportunity to comment. The
Community industry did not raise any objection,

informed

its

HAS ADOPTED THIS REGULATION:

Article 1

The partial suspension of the definitive anti-dumping duties
imposed by Commission Decision 2005/133/EC is hereby
extended until 18 November 2006.

Article 2

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

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

Done at Brussels, 8 November 2005.

For the Council
The President

G. BROWN