2006/301/EC: Commission Decision of  25 April 2006  terminating the anti-dumping proceeding concerning imports of ethyl alcohol originating in Guatemala and Pakistan
Date: 2006-04-25
Institutions: European Commission
Subjects: Guatemala, Pakistan, anti-dumping legislation, ethanol, import, originating product

26.4.2006

EN

Official Journal of the European Union

L 112/13

COMMISSION

COMMISSION DECISION

of 25 April 2006

terminating the anti-dumping proceeding concerning imports of ethyl alcohol originating in
Guatemala and Pakistan

(2006/301/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 9 thereof,

the

advised

officially

the exporting countries concerned,
and

The Commission
exporting
producers in Guatemala and Pakistan, importers/traders,
suppliers and users known to be concerned, the repre-
the
sentatives of
complainant
Community
producers of the initiation of the proceeding. Interested
parties were given the opportunity to make their views
known in writing and to request a hearing within the
time limit set in the notice of initiation and question-
naires were sent to all parties concerned.

known

other

all

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

of

the European Union (2),

On 26th May 2005, by a notice published in the Official
Journal
the Commission
announced the initiation of an anti-dumping proceeding
with regard to imports into the Community of ethyl
alcohol, whether denatured or undenatured, having
an alcoholic strength by volume of 80 % vol or
higher,
Pakistan,
normally declared under CN codes 2207 10 00 and
ex 2207 20 00.

in Guatemala

originating

and

The anti-dumping proceeding was initiated, pursuant to
Article 5 of the basic Regulation, following a complaint
lodged on 11th April 2005 by the Committee of
Industrial Ethanol Producers of
the European Union
(the ‘complainant’) on behalf of producers representing
a major proportion, in this case more than 30 %, of the
Community production of ethyl alcohol.

The complaint contained prima facie evidence of
the
existence of dumping of
the said product and of
material injury resulting therefrom, which was considered
sufficient to justify the initiation of a proceeding.

(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 C 129, 26.5.2005, p. 22.

(5)

(6)

(7)

(8)

B. WITHDRAWAL OF THE COMPLAINT AND
TERMINATION OF THE PROCEEDING

By a letter dated 31st January 2006 and addressed to the
formally withdrew its
the complainant
Commission,
complaint. According to the complainant,
this with-
drawal was prompted by the recent significant change
in the Generalised System of Preferences on ethyl
alcohol originating in Pakistan. According to the
complainant, though this has not eliminated dumping
it has helped to significantly curb the large
practices,
and injurious volumes of
imports from Pakistan into
the Community. As the injury data in the complaint
was based on the combined effect of
imports from
Guatemala and Pakistan, the complainant believed that
the withdrawal of the complaint with regard to both
countries
the
present time.

is a reasonable course of action at

In accordance with Article 9(1) of the basic Regulation,
the proceeding may be terminated where the complaint
is withdrawn unless such termination would not be in
the Community interest.

The Commission considered that the present proceeding
should be terminated since the investigation had not
brought to light any consideration showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment. However, no
comments which could alter this decision were received.

the anti-
The Commission therefore concludes
dumping proceeding
into the
Community of ethyl alcohol originating in Guatemala
and Pakistan should be terminated without the impo-
sition of anti-dumping measures,

that
imports

concerning

L 112/14

EN

Official Journal of the European Union

26.4.2006

HAS ADOPTED THIS DECISION:

Sole Article

The anti-dumping proceeding concerning imports of ethyl alcohol, whether denatured or undenatured,
having an alcoholic strength by volume of 80 % vol or higher, originating in Guatemala and Pakistan,
normally declared under CN codes 2207 10 00 and ex 2207 20 00 is hereby terminated.

Done at Brussels, 25 April 2006.

For the Commission

Peter MANDELSON
Member of the Commission