Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People's Republic of China to imports of tube or pipe fittings, of iron or steel, consigned from the Philippines, whether declared as originating in the Philippines or not
Date: 2006-03-31
Institutions: European Commission
Subjects: China, Philippines, anti-dumping duty, anti-dumping legislation, import, metal product, originating product, piping

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.03.2006 
COM(2006) 148 final 

Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on 
imports of tube or pipe fittings, of iron or steel, originating in the People's Republic of 
China to imports of tube or pipe fittings, of iron or steel, consigned from the Philippines, 
whether declared as originating in the Philippines or not 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/1996  of 
22 December 1995 on protection against dumped imports from countries not members 
of  the  European  Community  (‘the  basic  Regulation’),  as  last  amended  by  Council 
Regulation  (EC)  No 2117/2005  of  21  December  2005  in  the  anti-circumvention 
investigation concerning imports of tube or pipe fittings, of iron or steel originating in 
the People's Republic of China and consigned from the Philippines. 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural requirements laid out in the basic Regulation. 

•  Existing provisions in the area of the proposal 

Following  an  expiry  review,  by  Regulation  (EC)  No  964/2003,  the  Council  imposed 
definitive anti-dumping duties of 58,6% on imports of 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  and  extended  the  measures  to  imports  of  the  same  fittings 
consigned  from  Taiwan,  with  the  exception  of  those  produced  by  three  Taiwanese 
companies. 

In  December  2004,  by  Regulations  (EC)  No  2052/2004  and  (EC)  No  2053/2004  the 
Council  extended  the  above-mentioned  definitive  anti-dumping  duties  to  imports 
consigned from Indonesia and Sri Lanka. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  already  had  the  possibility  to 
defend their interests during the investigation, in line with the provisions of the basic 
Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

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This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The present investigation was initiated in August 2005 following a request lodged by 
the Defence Committee of the Steel Butt-Welding Fittings Industry of the EU. 

The investigation showed that there has been a change in the pattern of trade involving 
exports  of  tubes  or  pipe  fittings  from  the  People's  Republic  of  China  and  the 
Philippines to the Community. The investigation also showed that there is insufficient 
due cause or economic justification, other then to avoid the anti-dumping duty due on 
tubes or pipe fittings originating in the People's Republic of China, for this change in 
the pattern of trade. Moreover, imports of tube or pipe fittings from the Philippines are 
made  at  dumped  prices  and  increased  to  an  extent  that  undermines  the  effects  of  the 
existing measures. 

In  view  of  these  findings,  which  are  further  detailed  in  the  attached  draft  Council 
Regulation,  it  is  proposed  to  extend  the  antidumping  duty  of  58,6%  imposed  on 
imports of tube or pipe fittings originating in the People's Republic of China to imports 
of  tubes  or  pipe  fittings  consigned  from  the  Philippines,  whether  declared  as 
originating in the Philippines or not. 

•  Legal basis 

Council  Regulation  (EC)  No  384/1996  of  22  December  1995  on  protection  against 
dumped imports from countries not members of the European Community (‘the basic 
Regulation’)  as  last  amended  by  Council  Regulation  (EC)  No  2117/2005  of 
21 December 2005. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope for national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Community, 
national governments, regional and local authorities, economic operators and citizens is 
minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

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Proposed instruments: regulation. 

Other  means  would  not  be  adequate  because  the  basic  Regulation  does  not  foresee 
alternative options. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on 
imports of tube or pipe fittings, of iron or steel, originating in the People's Republic of 
China to imports of tube or pipe fittings, of iron or steel, consigned from the Philippines, 
whether declared as originating in the Philippines or not 

THE COUNCIL OF THE EUROPEAN UNION, 

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 European Community1 (‘the basic 
Regulation’) and in particular Article 13 thereof, 

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

Whereas: 

A. 

PROCEDURE 

1. 

Existing measures 

(1) 

Following  an  expiry  review,  by  Regulation  (EC)  No  964/20032  (‘the  original 
Regulation’), the Council imposed definitive anti-dumping duties of 58,6% on imports 
of 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 (‘tube or pipe fittings’ or 
‘the  product  concerned’),  originating,  inter  alia,  in  the  People’s  Republic  of  China 
(‘the PRC’) and extended the measures to imports of the same fittings consigned from 
Taiwan, with the exception of those produced by three specific Taiwanese companies. 

(2) 

In  December  2004,  by  Regulations  (EC)  No  2052/2004  and  No  2053/2004,  the 
Council  extended  the  above-mentioned  definitive  anti-dumping  duties  to  imports  of 
the same tube or pipe fittings consigned from Indonesia3 and Sri Lanka4 respectively. 

1 

2 
3 
4 

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). 
OJ L 139, 6.6.2003, p. 1. 
OJ L 355, 1.12.2004, p. 4. 
OJ L 355, 1.12.2004, p. 9. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

2.  Request 

On 23 June 2005, the Commission received a request pursuant to Article 13(3) of the 
basic  Regulation  to  investigate  the  alleged  circumvention  of  the  anti-dumping 
measures imposed on imports of tube or pipe fittings originating in the PRC by means 
of the transhipment and incorrect declaration of origin via the Philippines. The request 
was submitted by the Defence Committee of the Steel Butt-Welding Fittings Industry 
of the European Union on behalf of four Community producers, representing a major 
proportion of the Community production of certain tube and pipe fittings. 

The request alleged and submitted sufficient prima facie evidence that there had been a 
change in the pattern of trade following the imposition of the anti-dumping measures 
on imports of tube or pipe fittings originating in the PRC, as shown  by a significant 
increase in imports of the same product from the Philippines. 

This change in the pattern of trade was alleged to stem from the transhipment of tube 
or pipe fittings originating in the PRC via the Philippines. It was further alleged that 
there was insufficient due cause or economic justification for these practices other than 
the  existence  of  the  anti-dumping  duties  on  tube  or  pipe  fittings  originating  in  the 
PRC. 

Finally,  the  applicant  alleged  and  submitted  prima  facie  evidence  showing  that  the 
remedial effects of the existing anti-dumping duties on tube or pipe fittings originating 
in  the  PRC  were  being  undermined  both  in  terms  of  quantities  and  prices  and  that 
dumping was taking place in relation to the normal values previously established for 
the tube or pipe fittings originating in the PRC.  

3. 

Initiation 

By  Regulation  (EC)  No  1288/20055  (‘the  initiating  Regulation’),  the  Commission 
initiated an investigation into the alleged circumvention of the anti-dumping measures 
imposed on imports of tube or pipe fittings originating in the PRC by imports of tube 
or pipe fittings consigned from the Philippines, whether declared as originating in the 
Philippines  or  not  and,  pursuant  to  Articles  13(3)  and  14(5)  of  the  basic  Regulation, 
directed the customs authorities to register imports into the Community of tube or pipe 
fittings  consigned  from  the  Philippines,  whether  declared  as  originating  in  the 
Philippines or not, as from 6 August 2005. 

4. 

Investigation 

The Commission officially advised the authorities of the PRC and of the Philippines, 
the producers/exporters and the importers in the Community known to be concerned as 
well  as  the  Community  industry  of  the  initiation  of  the  investigation.  Questionnaires 
were  sent  to  producers/exporters  in  the  PRC  and  in  the  Philippines  as  well  as  to 
importers in the Community named in the request or known to the Commission from 
the investigation which lead to the imposition of the existing measures on imports of 
tube  or  pipe  fittings  originating  in  the  PRC  (‘the  original  investigation’).  Interested 
parties were given the opportunity to make their views known in writing and to request 

5 

OJ L 204, 5.8.2005, p. 3. 

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a  hearing  within  the  time  limit  set  in  the  initiating  Regulation.  All  parties  were 
informed that non-cooperation might lead to the application of Article 18 of the basic 
Regulation and to findings being made on the basis of facts available. 

(9) 

No  questionnaire  replies  were  received  from  exporters/producers  in  the  Philippines, 
even  though  the  authorities  of  the  Philippines  had  contacted  several  companies 
possibly  involved  in  producing  tube  or  pipe  fittings.  Moreover,  no  questionnaire 
replies were received from exporters/producers in the PRC.  

(10)  Two  importers  in  the  Community  co-operated  and  submitted  replies  to  the 

questionnaire.  

(11)  Verification visits took place at the premises of the following companies: 

Importers 

– 

– 

Valvorobica Industriale S.P.A., Italy, 

General Commercial & Industrial S.A., Greece. 

5. 

Investigation period 

(12)  The  investigation  period  covered  the  period  from  1  July  2004  to  30  June  2005  (‘the 
IP’). Data were collected from 2001 up to the end of the IP to investigate the alleged 
change in the pattern of trade. 

B. 

RESULTS OF THE INVESTIGATION 

1.  General considerations/degree of cooperation 

(13)  As  mentioned  in  recital  (9),  no  producer/exporter  in  the  PRC  or  the  Philippines 
cooperated in the investigation. Three Philippine companies came forward and stated 
that they did not produce nor export the tube or pipe fittings as defined in the original 
Regulation,  but  only  stainless  steel  fittings,  a  product  which  is  not  covered  by  the 
current  investigation.  Accordingly,  findings  in  respect  of  tube  or  pipe  fittings 
consigned  from  the  Philippines  to  the  Community  had  partially  to  be  based  on  facts 
available in accordance with Article 18 of the basic Regulation.  

2. 

Product concerned and like product 

(14)  The  product  concerned  by  the  alleged  circumvention  is,  as  defined  in  the  original 
investigation,  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, currently 
classifiable  within  CN  codes  ex  7307 93 11  (TARIC  code  7307 93 11*95),  ex 
7307 93 19 
(TARIC  code 
7307 99 30*95)  and  ex  7307 99 90  (TARIC  code  7307 99 90*95),  originating  in  the 
PRC. 

(TARIC  code  7307 93 19*95),  ex  7307 99 30 

(15)  On  the  basis  of  the  information  available  and  the  data  supplied  by  the  Philippine 
authorities  and  considering  the  change  in  the  pattern  of  trade  as  described  in  the 
following section, it must be inferred, in the absence of any contrary evidence, that the 

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tube  or  pipe  fittings  exported  to  the  Community  from  the  PRC  and  those  consigned 
from  the  Philippines  to  the  Community  have  the  same  basic  physical  and  chemical 
characteristics  and  have  the  same  uses.  They  are  therefore  to  be  considered  as  like 
products within the meaning of Article 1(4) of the basic Regulation. 

3.  Change in the pattern of trade 

(16)  Due to the non-cooperation of any Philippine company, the volume and the value of 
exports  of  the  like  product  from  the  Philippines  to  the  Community  had  to  be 
established  on  the  basis  of  the  facts  available  pursuant  to  Article  18  of  the  basic 
Regulation.  Eurostat  data  were  the  most  appropriate  information  available  and  were 
therefore used to establish the export quantities and prices from the Philippines to the 
Community. 

Imports into the Community 

IN TONNES 

2001 

2002 

2003 

Philippines 

The PRC 

Indonesia 

Sri Lanka 

0 

1 324 

0 

0 

3 

772 

983 

332 

700 

677 

1 294 

302 

2004 

2 445 

1 153 

0 

39 

IP 

2 941 

1 411 

0 

0 

Total EU imports 

17 422 

15 111 

16 085 

16 050 

18 900 

Source: Eurostat 

(17)  As  this  table  shows,  imports  of  tube  or  pipe  fittings  from  the  Philippines  into  the 
Community increased from 0 tonnes in 2001 to almost 3 000 tonnes during the IP. The 
imports  from  the  Philippines  commenced  in  2002,  at  a  time  when  the  original 
investigation  was  ongoing.  In  2003,  however  the  imports  from  the  Philippines 
increased  significantly  to  700  tonnes.  In  2004,  imports  from  the  Philippines  to  the 
Community  more  than  tripled  to  2 445  tonnes.  It  should  be  noted  that  following  the 
extension  of  the  original  anti-dumping  measures  to  imports  of  the  like  product 
consigned  from  Indonesia  and  Sri  Lanka  in  December  2004,  imports  from  these 
countries came to a complete stop. This complete halt of imports from Indonesia and 
Sri Lanka to the Community in 2004 coincided with the most substantial increase of 
imports from the Philippines. 

(18)  At the same time, exports from the PRC to the Philippines remained at a low but stable 

level.  

Exports from the PRC to the Philippines 

IN TONNES 

2001 

2002 

2003 

2004 

Philippines 

466 

604 

402 

643 

IP 

694 

Source: Chinese Export Statistics 

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(19) 

It must be noted, however, that the data used to establish the change in the pattern of 
trade, with special regard to those relating to exports from the PRC to the Philippines, 
should be seen in the light of the likelihood of false declarations of origin (see below 
in recital (22)) and might therefore not give a complete picture of the situation. 

(20)  From the figures shown above, it is concluded that there has been a clear change in the 
pattern  of  trade  which  started  after  the  conclusion  of  the  original  investigation  and 
became  apparent  after  the  extension  of  the  measures  to  imports  of  the  like  product 
from Indonesia and Sri Lanka. The pattern consisted of a sharp increase of imports of 
tube or pipe fittings from the Philippines into the Community, especially in 2004 and 
the IP, coinciding with a stop of imports from the two countries to which the original 
measures were extended.  

(21) 

It  is  clear  from  the  above  that  due  to  the  coincidence  in  time  the  Chinese  exports 
transhipped via Indonesia and Sri Lanka have  been re-directed at least partly via the 
Philippines when the original anti-dumping measures were extended to imports from 
Indonesia  and  Sri  Lanka.  This  was  the  case  in  particular  during  the  year  2004  and 
during the IP. 

4. 

Insufficient due cause or economic justification  

(22)  As already mentioned in recital (9) above, no Philippine producer/exporter cooperated 
in the investigation. Indeed, no evidence has been found during the investigation that 
any  such  producer  would  actually  exist.  Moreover,  evidence  collected  during  the 
investigation  shows  that  tubes  or  pipe  fittings  have  been  in  some  cases  declared  as 
produced by Philippine companies that have submitted never having been involved in 
the  manufacturing  of  the  like  product.  This  is  corroborated  by  the  information 
contained  in  the  request  for  the  initiation  of  anti-circumvention  investigation,  e.g. 
offers  to  potential  importers  containing  the  proposal  of  falsifying  the  documents  of 
origin. 

(23)  From the information referred to in recitals (17) and (20) above, it can be concluded 
that  exports  of  tubes  or  pipes  fittings  produced  in  the  PRC  and  channelled  to  the 
Community  through  Indonesia  and  Sri  Lanka  during  the  years  2002  until  2004  have 
been  redirected  to  a  large  extent  via  the  Philippines,  starting  in  the  year  2003  and 
continuing until the end of IP. 

(24)  Moreover, although the volume of imports of the product concerned from the PRC to 
the  Philippines  did  by  far  not  reach  the  increase  of  imports  consigned  from  the 
Philippines  to  the  Community  (see  recital  (18)  above),  the  steep  increase  of  exports 
from the Philippines to the Community also has to be seen in the light of the evidence 
found concerning false declarations or falsification of certificates of origin (see recital 
(22) above), the lack of genuine Philippine producers of tube or pipe fittings and the 
decrease of exports from Sri Lanka and Indonesia to the Community. It is the totality 
of  these  elements  which  explain  the  absence  of  an  economic  justification  for  the 
change in the pattern of trade observed. 

(25) 

In  the  absence  of  cooperation  by  any  exporting  producer  in  the  Philippines  and  the 
PRC  and  of  any  contrary  evidence,  it  is  therefore  concluded  that,  given  the 
coincidence in time with the investigations which lead to the extension of the original 
measures to imports from Indonesia and Sri Lanka, the change in the pattern of trade 

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stemmed  from  the  existence  of  the  anti-dumping  duty  rather  than  from  any  other 
sufficient  due  cause  or  economic  justification  within  the  meaning  of  Article  13(1), 
third sentence of the basic Regulation. 

5.  Undermining  of  the  remedial  effects  of  the  duty  in  terms  of  the  prices 

and/or the quantities of the like product 

(26)  Based  on  the  trade  flow  analysis  made  in  recital  (17)  above,  a  clear  quantitative 
change in the pattern of Community imports of tube or pipe fittings occurred. Imports 
declared  as  originating  in  the  Philippines  were  negligible  on  the  Community  market 
until June 2003. After the said date imports declared as originating in the Philippines 
suddenly  emerged  and  increased  rapidly  to  2 941  tonnes  during  the  IP.  This  volume 
represents  3%  of  the  Community  consumption  calculated  on  production  figures 
submitted  by  the  applicants  and  imports  based  on  Eurostat  data.  It  is  therefore  clear 
that  the  marked  change  in  trade  flows  undermined  the  remedial  effects  of  the  anti-
dumping measures in terms of the quantities imported into the Community market. 

(27)  With  regard  to  prices  of  the  products  consigned  from  the  Philippines  and  in  the 
absence of co-operation and of any contrary evidence, Eurostat data show that average 
export  prices  of  imports  from  the  Philippines  during  the  IP  were  lower  than  the 
average export prices established for the PRC in the original investigation. It has been 
established that prices of imports from the Philippines are around one third lower than 
those of imports originating in the PRC both during 2004 and the IP. Moreover, it was 
found that the average export prices of the Philippine exports to the Community were 
below the injury elimination level of Community prices as established in the original 
investigation.  Hence,  the  remedial  effects  of  the  anti-dumping  duty  imposed  are 
undermined in terms of prices. Detailed information can be found in the table below: 

EUR/kg 

Philippines 

PRC 

2004 

0,97 

1,57 

IP 

1,07 

1,50 

Difference 

- 38% 

- 29% 

(28)  On the basis of the above, it is concluded that the change in trade flows, together with 
the substantial increase in imports made at very low prices from the Philippines have 
undermined  the  remedial  effects  of  the  anti-dumping  measures  in  terms  of  both 
quantities and prices of the like product. 

6. 

Evidence  of  dumping  in  relation  to  the  normal  values  previously 
established for the like product 

(29) 

In order to determine whether evidence of dumping could be found with respect to the 
product  concerned  exported  to  the  Community  from  the  Philippines  during  the  IP, 
export prices established on the basis of Eurostat data were used pursuant to Article 18 
of the basic Regulation. 

(30) 

In  accordance  with  Article  13(1)  of  the  basic  Regulation,  these  export  prices  were 
compared  with  the  normal  value  previously  established  for  the  like  product.  In  the 

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original  investigation,  Thailand  was  found  to  be  an  appropriate  market  economy 
analogue country for the PRC for the purpose of establishing normal value. 

(31)  For the purpose of a fair comparison between the normal value and the export price, 
due  allowance,  in  the  form  of  adjustments,  was  made  for  differences  which  affect 
prices  and  price  comparability.  These  adjustments  were  made  in  accordance  with 
Article 2(10) of the basic Regulation in respect of transport costs, on the basis of the 
information contained in the request. 

(32) 

In  accordance  with  Article  2(11)  of  the  basic  Regulation,  the  comparison  of  a 
weighted  average  normal  value  as  established  in  the  original  investigation  and  the 
weighted  average  of  export  prices  during  this  investigation’s  IP,  expressed  as  a 
percentage of the CIF price at the Community frontier, duty unpaid, showed dumping 
for the imports of tube or pipe fittings consigned from the Philippines. The dumping 
margin found, expressed as a percentage of the CIF price at the Community frontier, 
duty unpaid, was in excess of 60%. 

C.  MEASURES 

(33) 

In  view  of  the  above  finding  of  circumvention  within  the  meaning  of  Article  13(1), 
third  sentence  of  the  basic  Regulation  and  in  accordance  with  Article  13(1),  first 
sentence of the basic Regulation, the existing anti-dumping measures on imports of the 
product concerned originating in the PRC should be extended to imports of the same 
product  consigned  from  the  Philippines,  whether  declared  as  originating  in  the 
Philippines or not. 

(34)  The  duty  extended  should  be  the  one  established  in  Article  1(2)  of  the  original 

Regulation. 

(35) 

In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provides 
that  any  extended  measures  shall  be  applied  on  registered  imports  from  the  date  of 
registration,  the  anti-dumping  duty  should  be  collected  on  imports  of  tube  or  pipe 
fittings  consigned  from  the  Philippines  which  entered  the  Community  under 
registration imposed by the initiating Regulation. 

(36)  Although  during  this  investigation  no  genuine  exporting  producer  of  tube  or  pipe 
fittings was found to exist in the Philippines or made itself known to the Commission, 
new  exporting  producers  which  would  consider  lodging  a  request  for  an  exemption 
from the extended anti-dumping duty pursuant to Article 13(4) of the basic Regulation 
will  be  required  to  complete  a  questionnaire  in  order  to  enable  the  Commission  to 
determine whether an exemption may be warranted. Such exemption may be granted 
after  the  assessment  of,  for  instance,  the  market  situation  of  the  product  concerned, 
production capacity and capacity utilisation, procurement and sales, the likelihood of 
continuation  of  practices  for  which  there  is  insufficient  due  cause  or  economic 
justification and the evidence of dumping. The Commission would normally also carry 
out  an  on-spot  verification  visit.  The  request  would  have  to  be  addressed  to  the 
Commission forthwith, with all relevant information, in particular any modification in 
the company's activities linked to production and sales. 

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(37) 

Importers could still benefit from exemption for registration or measures to the extent 
that their imports are from exporting producers, which are granted such an exemption, 
and in accordance with Article 13(4) of the basic Regulation.  

(38)  Where  an  exemption  is  warranted,  the  Commission  will,  after  consultation  of  the 
Advisory  Committee,  propose  the  amendment  of  this  Regulation  accordingly. 
Subsequently,  any  exemptions  granted  will  be  monitored  to  ensure  compliance  with 
the conditions set therein. 

D. 

PROCEDURE 

(39) 

Interested parties were informed of the essential facts and considerations on the basis 
of which the Council intended to extend the definitive anti-dumping duty in force and 
were  given  the  opportunity  to  comment.  No  comments  which  were  of  a  nature  to 
change the above-mentioned conclusions were received, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The definitive anti-dumping duty imposed by Council Regulation (EC) No 964/2003 
on  imports  of  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, 
falling within CN codes ex 7307 93 11 (TARIC code 7307 93 11 99), ex 7307 93 19 
(TARIC code 7307 93 19 99), ex 7307 99 30 (TARIC code 7307 99 30 98) and ex 
7307 99 90 (TARIC code 7307 99 90 98) and originating in the People’s Republic of 
China is hereby extended to imports of 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 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 (TARIC code 7307 
99  30  95)  and  ex  7307  99  90  (TARIC  code  7307  99  90  95)  consigned  from  the 
Philippines, whether declared as originating in the Philippines or not. 

2. 

The  duty  extended  by  paragraph  1  of  this  Article  shall  be  collected  on  imports 
registered 
in  accordance  with  Article  2  of  Commission  Regulation  (EC) 
No 1288/2005 and Articles 13(3) and 14(5) of Council Regulation (EC) No 384/96. 

3. 

The provisions in force concerning customs duties shall apply.  

Article 2 

1. 

Requests for exemption from the duty extended by Article 1 shall be made in writing 
in one of the official languages of the European Union must be signed by a person 
authorised  to  represent  the  applicant.  The  request  shall  be  sent  to  the  following 
address:  

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

2. 

The  Commission,  after  consulting  the  Advisory  Committee,  may  authorise,  by 
decision,  the  exemption  of  imports  from  companies  which  do  not  circumvent  the 
anti-dumping  measures  imposed  by  Regulation  (EC)  No  964/2003  from  the  duty 
extended by Article 1, and propose the amendment of this Regulation accordingly. 

Customs authorities are hereby directed to discontinue the registration of imports established 
in accordance with Article 2 of Regulation (EC) No 1288/2005. 

Article 3 

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,  

For the Council 
The President 

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