2006/441/EC: Commission Decision of  23 June 2006  accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain seamless pipes and tubes, of iron or steel, originating,  inter alia , in Romania
Date: 2006-06-23
Institutions: European Commission
Subjects: Romania, anti-dumping duty, anti-dumping legislation, import policy, originating product, piping, tube

29.6.2006

EN

Official Journal of the European Union

L 175/81

COMMISSION

COMMISSION DECISION

of 23 June 2006

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports
of certain seamless pipes and tubes, of iron or steel, originating, inter alia, in Romania

(2006/441/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

offered price undertakings in accordance with Article
8(1) of Regulation (EC) No 384/96 (the ‘basic Regu-
lation’):

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), and in
particular Article 8(1) thereof,

— SC Artrom SA

— SC Silcotub SA

— SC Mittal Steel Roman SA

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

On 31 March 2005, the Commission announced by a
notice published in the Official
the European
the initiation inter alia of an anti-dumping
Union (2),
proceeding concerning imports into the Community of
certain seamless pipes and tubes, of iron or steel, (‘SPT’)
originating in Croatia, Romania, Russia and Ukraine.

Journal of

The definitive findings and conclusions of the investi-
in Council Regulation (EC) No
gation are set out
954/2006 (3)
anti-
dumping duty on imports of certain seamless pipes
and tubes, of
steel, originating in Croatia,
Romania, Russia and Ukraine.

imposing inter

a definitive

iron or

alia

B. UNDERTAKING

Prior
measures,
producers

to the

adoption of definitive

following

the
in Romania

(‘the

cooperating

anti-dumping
exporting
exporting producers’)

(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 77, 31.3.2005, p. 2.
(3) See page 4 of this Official Journal.

(4)

(5)

types of

the exporting producers have
In these undertakings,
offered to sell a limited number of
the
product concerned, as defined in Regulation (EC) No
954/2006, within a quantitative ceiling at or above
price levels which eliminate the injurious effects of
Imports beyond the quantitative ceiling will
dumping.
be subject
to the applicable anti-dumping duty. The
number of types covered by the undertakings is in all
cases not more than six, given the constraints of the
types
these undertakings,
monitoring of
concerned represent around 75 % of the total sales of
the
to the Community. The
exporting producers also undertake to respect different
minimum import prices for each product type falling
under the undertakings. Regarding the other types of
the product concerned exported to the Community by
the exporting producers,
to the
applicable anti-dumping duty.

they will be subject

exporting producers

and the

It has to be noted that the product concerned and the
main raw materials used to produce it have shown in the
last years a considerable volatility in prices which could
not be addressed by indexing the minimum import price.
However, the potential for significant price changes is
the undertakings accepted are limited in
reduced if
forthcoming accession of
time.
Romania to the Community, resulting in the immediate
discontinuation at
the anti-
dumping measures
imposed by Regulation (EC) No
954/2006 as regards the exporting producers, will limit
the duration of these undertakings.

the date of accession of

In any

case,

the

L 175/82

EN

Official Journal of the European Union

29.6.2006

(6)

(7)

(8)

also

provide

exporting

producers will

the
The
Commission with regular
and detailed information
concerning their exports to the Community, meaning
that the undertakings can be monitored effectively by
the sales structure of
the Commission. Furthermore,
these companies is such that the Commission considers
that
the risk of circumventing these undertakings is
limited.

this,

these undertakings are acceptable.
In view of
However, the acceptance of the undertakings is limited
to a period of nine months, without prejudice to the
normal duration of the anti-dumping measures imposed
by Regulation (EC) No 954/2006, due to reasons set out
in recital (5) above. In addition, the Commission reserves
these
the possibility to re-assess the acceptability of
undertakings, after consulting Member States,
in due
time.

In order to enable the Commission to effectively monitor
the exporting producers’ compliance with the under-
takings, when the request for release for free circulation
pursuant to the undertakings is presented to the relevant
customs authority, exemption from the duty will be
an invoice
conditional upon the presentation of
containing at least the items of
information listed in
the Annex to Regulation (EC) No 954/2006. This level
of information is also necessary to enable customs autho-
rities
the
to ascertain with sufficient precision that
shipment corresponds to the commercial documents.
Where no such invoice is presented, or when the other
conditions provided for by the above-mentioned Council
Regulation are not met, the appropriate rate of anti-
dumping duty shall instead be payable.

(9)

(10)

aware by the

To further ensure the respect of
the undertakings,
importers have been made
above-
the non-fulfilment
mentioned Council Regulation that
of the conditions provided for by that Regulation, or
the withdrawal by the Commission of the acceptance
of
the undertakings, may lead to the customs debt
being incurred for the relevant transactions.

In the event of a breach or withdrawal of the under-
takings, or in case of withdrawal of the acceptance of
the undertakings 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.

C. CHANGE OF NAME

(11)

company SC Artrom SA has

The
informed the
Commission that on 22 May 2006 it changed its name

to SC TMK — Artrom SA to show that the company
belongs to a group of companies.

(12)

the

has

examined

The Commission
information
submitted and has concluded that the change of name
in no way affects the structure and legal form of the
company or the Commission’s findings. Therefore all
references to SC Artrom SA should apply to SC TMK
— Artrom SA,

HAS ADOPTED THIS DECISION:

Article 1

The undertakings offered by the exporting producers mentioned
below in connection with the
anti-dumping proceeding
concerning imports of certain seamless pipes and tubes, of
iron or steel, originating in inter alia Romania are hereby
accepted.

Taric
Additional
Code

A738

A739

A740

Country

Company

Romania

SC TMK — Artrom SA
Draganesti Street No 30
230119 Slatina

SC Silcotub SA
93, Mihai Viteazu Bvd.
450131 Zalau
Salaj County

SC Mittal Steel Roman SA
Stefan cel Mare Street No 246
611040 Roman
Neamt County

Article 2

This Decision shall enter into force on the day following that of
its publication in the Official Journal of the European Union and
shall remain in force for a period of nine months.

Done at Brussels, 23 June 2006.

For the Commission

Peter MANDELSON
Member of the Commission