2006/582/EC: Commission Decision of 28 August 2006 terminating the anti-dumping proceeding concerning imports of footwear with a protective toecap, originating in the People’s Republic of China and India
Date: 2006-08-28
Institutions: European Commission
Subjects: China, India, anti-dumping legislation, footwear industry, import, originating product

29.8.2006

EN

Official Journal of the European Union

L 234/33

COMMISSION DECISION

of 28 August 2006

terminating the anti-dumping proceeding concerning imports of footwear with a protective toecap,
originating in the People’s Republic of China and India

(2006/582/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

On 13 May 2005, the Commission received a complaint
pursuant to Article 5 of the basic Regulation, concerning
the alleged injurious dumping of imports of footwear
with a protective toecap originating in the People’s
Republic of China (PRC) and India.

The complaint was lodged by the European Confe-
deration of the Footwear industry (the complainant) on
behalf of producers representing a major proportion, in
the total Community
this case more than 30 %, of
toecap
production of
pursuant to Articles 4(1) and 5(4) of the basic Regu-
lation.

footwear with a protective

The complaint contained prima facie evidence of
existence of dumping and of material
therefrom, which was considered sufficient
the initiation of an investigation.

the
injury resulting
to justify

initiation),

(the notice of
an anti-dumping

By means of a notice published in the Official Journal of
the European Union (2)
the
proceeding
initiated
Commission
concerning imports
into the Community of certain
footwear with uppers of rubber or plastics (excluding
waterproof
footwear with outer soles and uppers of
rubber or of plastics, the uppers of which are neither
fixed to the sole nor assembled by stitching, riveting,
nailing, screwing, plugging or similar processes) or with

(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 159, 30.6.2005, p. 7.

(5)

(6)

(7)

(8)

uppers of
leather or composition leather, having a
protective toecap, currently classifiable within CN codes
ex 6402 19 00,
6402 30 00,
ex 6402 99 31,
ex 6402 91 00,
ex 6402 99 91,
ex 6402 99 39,
ex 6402 99 98,
ex 6402 99 93,
ex 6403 51 11,
ex 6403 19 00,
ex 6403 51 91,
ex 6403 51 15,
ex 6403 59 11,
ex 6403 51 95,
ex 6403 59 39,
ex 6403 59 31,
ex 6403 59 95,
ex 6403 59 50,
ex 6403 91 13,
ex 6403 59 99,
ex 6403 91 91,
ex 6403 91 16,
ex 6403 91 98,
ex 6403 91 93,
ex 6403 99 33,
ex 6403 99 11,
ex 6403 99 50,
ex 6403 99 36,
ex 6403 99 96,
ex 6403 99 91,
ex 6403 99 98,
and
ex 6405 90 90, and originating in the PRC and India.

6403 40 00,
ex 6402 99 10,
ex 6402 99 50,
ex 6402 99 96,
ex 6403 30 00,
ex 6403 51 19,
ex 6403 51 99,
ex 6403 59 35,
ex 6403 59 91,
ex 6403 91 11,
ex 6403 91 18,
ex 6403 91 96,
ex 6403 99 31,
ex 6403 99 38,
ex 6403 99 93,

ex 6405 10 00,

ex 6405 90 10

the

advised

officially

countries

concerned,

the representatives of
the

The Commission
exporting
producers in the PRC and India and the importers/traders
the
known to be concerned,
complainant
exporting
Community producers and other known producers in
the Community,
suppliers and users known to be
concerned as well as their associations of the initiation
of the proceeding. The 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.

B. WITHDRAWAL OF THE COMPLAINT AND
TERMINATION OF THE PROCEEDING

By a letter dated 17 July 2006 and addressed to the
formally withdrew its
Commission,
complaint concerning the imports of footwear with a
protective toecap.

the complainant

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. No comments were
received indicating that such termination would not be in
the Community interest.

L 234/34

EN

Official Journal of the European Union

29.8.2006

(9)

is

that

therefore

concluded

anti-dumping
It
proceeding concerning imports into the Community of
concerned originating in the People’s
the product
Republic of China and India should be terminated
without the imposition of anti-dumping measures,

the

HAS DECIDED AS FOLLOWS:

Sole Article

rubber or plastics

The anti-dumping proceeding concerning imports of certain
footwear with uppers of
(excluding
waterproof footwear with outer soles and uppers of rubber or
of plastics, the uppers of which are neither fixed to the sole nor
assembled by stitching, riveting, nailing, screwing, plugging or
similar processes) or with uppers of leather or composition
falling within CN codes
leather, having a protective toecap,
ex 6402 91 00,
6402 30 00,
ex 6402 99 39,
ex 6402 99 10,
ex 6402 99 93,
ex 6402 99 50,
ex 6403 19 00,
ex 6402 99 96,
ex 6403 51 15,
ex 6403 30 00,
ex 6403 51 95,
ex 6403 51 19,

ex 6402 99 31,
ex 6402 99 91,
ex 6402 99 98,
ex 6403 51 11,
ex 6403 51 91,

ex 6402 19 00,

6403 40 00,

ex 6403 59 31,
ex 6403 59 11,
ex 6403 51 99,
ex 6403 59 50,
ex 6403 59 39,
ex 6403 59 35,
ex 6403 59 99,
ex 6403 59 95,
ex 6403 59 91,
ex 6403 91 16,
ex 6403 91 13,
ex 6403 91 11,
ex 6403 91 93,
ex 6403 91 91,
ex 6403 91 18,
ex 6403 99 11,
ex 6403 91 98,
ex 6403 91 96,
ex 6403 99 36,
ex 6403 99 33,
ex 6403 99 31,
ex 6403 99 91,
ex 6403 99 50,
ex 6403 99 38,
ex 6403 99 93,
ex 6403 99 98,
ex 6403 99 96,
ex 6405 10 00, ex 6405 90 10 and ex 6405 90 90, originating
in the People’s Republic of China and India,
is hereby
terminated.

Done at Brussels, 28 August 2006.

For the Commission

Peter MANDELSON
Member of the Commission