2006/109/EC: Commission Decision of  19 January 2006  accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China
Date: 2006-01-19
Institutions: European Commission
Subjects: China, anti-dumping legislation, import, iron and steel product

17.2.2006

EN

Official Journal of the European Union

L 47/59

COMMISSION

COMMISSION DECISION

of 19 January 2006

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of certain castings originating in the People’s Republic of China

(2006/109/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped
imports from countries not members of
(the basic Regulation), and in
particular Article 8 thereof,

the European Community (1)

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

The Council, by Regulation (EC) No 1212/2005 (2) (the definitive Regulation),
imposed definitive
anti-dumping duties on imports into the Community of certain castings originating in the People’s
Republic of China (PRC).

Upon publication of
the definitive Regulation, no undertakings could be accepted by the
Commission. During the investigation leading to the imposition of definitive measures several
exporting producers had indicated their intention to offer a price undertaking but they had failed
to submit sufficiently substantiated undertaking offers within the deadlines set in Article 8(2) of the
basic Regulation. Nevertheless, as set out in recital 152 of the definitive Regulation, the Council, in
view of the complexity of the issue for the economic operators in question (predominantly small and
medium-sized enterprises) and given that the definitive disclosure was not preceded by a provisional
disclosure, considered that they should exceptionally be allowed to complete their undertaking offers
beyond the said deadline.

B. UNDERTAKING

Subsequent to the abovementioned deadline, the China Chamber of Commerce for Import and
together with 20 cooperating Chinese
Export of Machinery and Electronics Products (CCCME)
including the related importer of one of the
companies or cooperating groups of companies,
groups (the companies) offered a joint undertaking. The undertaking stipulates that a breach by
any of the companies or the CCCME shall be considered as a breach of the undertaking by all
signatories. However, given that the resales of the related importer in the Community are not under
the aegis of the CCCME, any violation by that related importer or its related exporters in the PRC
shall be considered as a breach only from that particular group. The undertaking offer was supported
by the Chinese authorities.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005,

p. 17).

(2) OJ L 199, 29.7.2005, p. 1.

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(4)

(5)

(6)

(7)

(8)

According to this undertaking, the CCCME and the companies undertake to ensure that the product
concerned is exported at or above a minimum price set at a level that eliminates the injurious effects
of dumping. In addition, the offer made foresees the indexation of the minimum price of the product
concerned in accordance with public international quotations for its main raw material, i.e. pig iron,
given that the casting prices vary significantly depending on the prices of pig iron.

In view of the foregoing, the Commission considers that the joint undertaking offered by the CCCME
and the companies can be accepted since it eliminates the injurious effects of dumping. Moreover, the
regular and detailed reports which the CCCME and the companies undertook to provide to the
Commission will allow effective monitoring, and it is considered that the risk of circumvention of
the undertaking is limited.

least

In order to enable the Commission to monitor effectively the compliance with the undertaking, when
the request for release for free circulation pursuant to the undertaking is presented to the relevant
customs authority, exemption from the duty will be conditional upon the presentation of an invoice
containing at
information listed in the Annex to Council Regulation (EC)
268/2006 (1). This level of information is also necessary to enable customs authorities to ascertain
with sufficient precision that the shipment corresponds to the commercial documents. Where no
such invoice is presented, or when it does not correspond to the product presented to customs, the
appropriate rate of anti-dumping duty established in the above-mentioned Regulation will instead be
payable.

the items of

To further ensure the effective respect of the undertaking, the importers have been made aware by
the above Council Regulation that any violation of the undertaking may lead to the retrospective
application of the anti-dumping duty for the relevant transaction.

In the event of a breach or withdrawal of the undertaking, or in case of a withdrawal of acceptance
of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article
9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by China Chamber of Commerce for Import and Export of Machinery and
Electronics Products (CCCME) and the cooperating producers mentioned in the table, in connection with
the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of
China is hereby accepted.

Company

Beijing Tongzhou Dadusche Foundry Factory, East of Dongtianyang Village, Dadushe, Tongzhou Beijing

Botou City Simencun Town Bai Fo Tang Casting Factory, Bai Fo Tang Village, Si Men Cun Town, Bo
Tou City, 062159, Hebei Province

Botou City Wangwu Town Tianlong Casting Factory, Changle Village, Wangwu Town, Botou City, Hebei
Province

Changan Cast Limited Company of Yixian Hebei, Taiyuan main street, Yi County, Hebei Province,
074200

Changsha Jinlong Foundry Industry Co., Ltd, 260 Jinchang Road, JinJing Town, Changsha, Hunan

Changsha Lianhu Foundry, Lianhu Village, Yuhuating Town, Yuhua District, Changsha, Hunan

Taric
additional
code

A708

A681

A709

A683

A710

A711

(1) See page 3 of this Official Journal.

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Company

Manufactured and sold by GB Metal Products Co., Ltd, Zhuanlu Town, Dingzhou, Hebei or manu-
factured by GB Metal Products Co., Ltd, Zhuanlu Town, Dingzhou, Hebei and sold by its related sales
company GB International Trading Shanghai Co., Ltd, B301-310 Yinhai Building, 250 Cao Xi Road,
Shanghai

Guiyang Bada Foundry Co., Ltd, Mengguan Huaxi Guiyang, Guizhou

Hebei Jize Xian Ma Gang Cast Factory, Nankai District. Xiao Zhai Town, Jize County, Handan City, Hebei

Manufactured and sold by Hebei Shunda Foundry Co., Ltd, Qufu Road, Quyang, 073100, PRC or
manufactured by Hebei Shunda Foundry Co., Ltd, Qufu Road, Quyang, 073100, PRC and sold by its
related sales company Success Cast Tech-Ltd, 603A Huimei Business Centre 83 Guangzhou Dadao(s),
Guangzhou 510300

Hong Guang Handan Cast Foundry Co., Ltd, Nankai District, Xiao Zhai Town, Handou City, Jize County,
Hebei

Manufactured by (i) Zibo Benito Metalwork Co., Ltd, No 1, Shitanwu, Boyi Road, Boshan District, Zibo
City, Shandong, 255201, (ii) Benito (Tianjin) Metals Products Co., Ltd, Da Lu Zhuang Village, Bei Zha
Kou Town, Jin Nan District, Tianjin or (iii) Qingdao Benito Metals Products Co. Ltd, Yan Jia Ling Village,
Tong Ji Jie Dao Office, Jimo City, Qingdao, Shandong Province and exclusively imported by Fundició
Dúctil Benito, Via Ausetania, 11, E-08560 Manlleu, Barcelona, Spain

Qingdao Qitao Casting Co., Ltd, Nan Wang Jia Zhuang Village, Da Xin Town, Jimo City, Qingdao,
Shandong Province, 266200

Shandong Huijin Stock Co., Ltd, North of Kouzhen Town, Laiwu City, Shandong Province, 271114

Shane City Fangyuan Casting Co., Ltd, West of Nango Village, Shiliting Town, Shane City, Hebei
Province

Shanxi Yuansheng Casting and Forging Industrial Co., Ltd, No 8 DiZangAn, Taiyuan, Shanxi, 030002

Tianjin Fu Xing Da Casting Co., Ltd, West of Nan Yang Cun Village, Jin Nan District, 300350, Tianjin

Weifang Jianhua Casting Co., Ltd, Kai Yuan Jie Dao Office, Hanting District, Weifang City, Shandong
Province

Zibo City Boshan Guangyuan Casting Machinery Factory, Xiangyang Village, Badou Town, Boshan
District, Zibo City Shandong Province

Zibo Dehua Machinery Co., Ltd, North of Lanyan Street, Zibo High-tech Developing Zone

Taric
additional
code

A712

A713

A714

A715

A716

A717

A718

A684

A719

A680

A720

A721

A722

A723

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

Article 2

Done at Brussels, 19 January 2006.

For the Commission

Peter MANDELSON
Member of the Commission