Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on imports of coumarin originating in the People's Republic of China to imports of coumarin consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not
Date: 2006-10-09
Institutions: European Commission
Subjects: China, Indonesia, Malaysia, anti-dumping duty, anti-dumping legislation, chemical compound, import, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.10.2006 
COM(2006) 582 final 

Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on 
imports of coumarin originating in the People's Republic of China to imports of 
coumarin consigned from Indonesia or Malaysia, whether declared as originating in 
Indonesia or Malaysia or not 

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of 
22 December 1995 on protection against dumped imports from countries not members 
of  the  European  Community,  as  last  amended  by  Council  Regulation  (EC)  No 
2117/2005 of 21 December 2005 ('the basic Regulation') in the proceeding concerning 
imports  of  coumarin  consigned  from  Indonesia  or  Malaysia,  whether  declared  as 
originating in Indonesia or Malaysia or not.  

120 

•  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. 

130 

•  Existing provisions in the area of the proposal 

Following  an  expiry  review,  by  Regulation  (EC)  No  769/2002  ('the  original 
Regulation'),  the  Council  imposed  a  definitive  anti-dumping  duty  of  EUR  3479  per 
tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the 
People's Republic of China ('PRC'). 

In  December  2004,  after  circumvention  practices  via  India  and  Thailand  were  found, 
the measures were extended by Regulation (EC) No 2272/2004 to imports of coumarin 
consigned from India or Thailand, whether declared as originating in India or Thailand 
or not. 

141 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

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

212 

Summary of responses and how they have been taken into account 

There were no responses. 

EN 

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•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

229 

230 

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 

305 

•  Summary of the proposed action 

On 13 February 2006, 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 coumarin originating in the PRC ('the request'). The 
request  was  submitted  by  the  European  Chemical  Industry  Council  (CEFIC)  ('the 
applicant') on behalf of the sole producer in the Community. 

The  Commission  initiated  an  investigation  by  Regulation  (EC)  No  499/2006  ('the 
initiating  Regulation')  into  the  alleged  circumvention  of  the  anti-dumping  measures 
imposed  on  imports  of  coumarin  originating  in  the  PRC  by  imports  of  coumarin 
consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or 
Malaysia  or  not  and,  pursuant  to  Articles  13(3)  and  14(5)  of  the  basic  Regulation, 
directed  the  customs  authorities  to  register  imports  of  coumarin  consigned  from 
Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not, 
falling within CN code ex 2932 21 00 (TARIC code 2932 21 00 16).  

The  investigation  showed  circumvention  within  the  meaning  of  Article  13(1)  of  the 
basic  Regulation.  Therefore,  the  existing  anti-dumping  measures  on  imports  of  the 
product  concerned  originating  in  the  PRC  should  be  extended  to  the  same  product 
consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or 
Malaysia or not. 

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

Pursuant  to  Articles  13(3)  and  14(5)  of  the  basic  Regulation,  which  provide  that  any 
extended  measures  shall  be  applied  against  registered  imports  from  the  date  of 
registration,  the  anti-dumping  duty  should  be  collected  on  imports  of  coumarin 
consigned  from  Indonesia  or  Malaysia,  which  entered  the  Community  under 
registration imposed by the initiating Regulation. 

310 

•  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 2117/2005 of 21 December 2005. 

EN 

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329 

•  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 reason(s). 

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 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

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

331 

332 

341 

342 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

EN 

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Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on 
imports of coumarin originating in the People's Republic of China to imports of 
coumarin consigned from Indonesia or Malaysia, whether declared as originating in 
Indonesia or Malaysia 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: 

1. 

Existing measures 

A. PROCEDURE 

(1) 

(2) 

Following  an  expiry  review,  by  Regulation  (EC)  No  769/20022  (‘the  original 
Regulation’),  the  Council  imposed  a  definitive  anti-dumping  duty  of  EUR  3479  per 
tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the 
People’s Republic of China (‘PRC’).  

In December 2004, after circumvention practices via India and Thailand were found, 
the  measures  were  extended  by  Regulation  (EC)  No  2272/20043  to  imports  of 
coumarin consigned from India or Thailand, whether declared as originating in India 
or Thailand or not. 

1 

2 

3 

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  123,  9.5.2002,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1854/2003  (OJ  L  272, 
23.10.2003, p. 1). 
OJ L 396, 31.12.2004, p. 18. 

EN 

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2. 

Request 

(3) 

(4) 

(5) 

(6) 

On 13 February 2006, 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 coumarin originating in the PRC (‘the request’). The 
request  was  submitted  by  the  European  Chemical  Industry  Council  (CEFIC)  (‘the 
applicant’) on behalf of the sole producer in the Community. 

The request contained sufficient prima facie evidence that there had been a change in 
the  pattern  of  trade  following  the  imposition  of  the  existing  anti-dumping  measures 
and  anti-circumvention  measures  on  imports  of  coumarin  originating  in  the  PRC,  as 
shown  by  a  significant  increase  in  imports  of  the  same  product  from  Indonesia  and 
Malaysia.  

This  change  in  the  pattern  of  trade  was  alleged  to  stem  from  the  transhipment  of 
coumarin  originating  in  the  PRC  via  Indonesia  and  Malaysia.  It  was  further  alleged 
that there was insufficient due cause or economic justification for these practices other 
than the existence of the anti-dumping measures on imports of coumarin originating in 
the PRC. 

Finally, the applicant submitted evidence that the remedial effects of the existing anti-
dumping measures on coumarin originating in the PRC were being undermined both in 
terms  of  quantities  and  prices.  Significant  volumes  of  imports  of  coumarin  from 
Indonesia and Malaysia appeared to have replaced imports of coumarin from the PRC. 
In  addition,  there  was  sufficient  evidence  that  the  increase  in  imports  was  made  at 
prices well below the non-injurious price established in the investigation that led to the 
existing measures, and that dumping was taking place in relation to the normal values 
previously established for coumarin originating in the PRC. 

3. 

Initiation 

(7) 

The  Commission  initiated  an  investigation  by  Regulation  (EC)  No  499/20064  (‘the 
initiating  Regulation’)  into  the  alleged  circumvention  of  the  anti-dumping  measures 
imposed  on  imports  of  coumarin  originating  in  the  PRC  by  imports  of  coumarin 
consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or 
Malaysia  or  not  and,  pursuant  to  Articles  13(3)  and  14(5)  of  the  basic  Regulation, 
directed  the  customs  authorities  to  register  imports  of  coumarin  consigned  from 
Indonesia  or  Malaysia,  whether  declared  as  originating  in  Indonesia  or  Malaysia  or 
not, falling within CN code ex 2932 21 00 (TARIC code 2932 21 00 16). 

4. 

Investigation 

(8) 

The  Commission  officially  advised  the  authorities  of  the  PRC,  Indonesia  and 
Malaysia,  the  producers/exporters,  the  importers  in  the  Community  known  to  be 
concerned and the applicant of the initiation of the investigation. Questionnaires were 
sent  to  the  producers/exporters  in  the  PRC  as  well  as  to  the  importers  in  the 
Community named in the request. There were no known producers in Indonesia and 
Malaysia. Interested parties were given the opportunity to make their views known in 

4 

OJ L 91, 29.3.2006, p. 3. 

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writing and to request 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 findings being made on the basis of the facts available. 

(9) 

No  producer  or  exporter  in  the  PRC,  Indonesia  or  Malaysia  submitted  a  reply  to  the 
questionnaire.  Indonesian  authorities  replied  that  there  was  no  producer  of  coumarin 
known in Indonesia.  

5. 

Investigation period 

(10)  The investigation period covered the period from 1 March 2005 to 28 February 2006 
(‘IP’).  Data  from  2002  up  to  the  end  of  the  investigation  period  were  collected  to 
investigate the alleged change in the pattern of trade.  

B. RESULTS OF THE INVESTIGATION 

1. 

General considerations/degree of cooperation 

(a) Indonesia and Malaysia  

(11)  No  producers  or  exporters  of  coumarin  in  Indonesia  and  Malaysia  made  themselves 
known  or  co-operated  in  the  investigation.  Accordingly,  findings  in  respect  of  the 
exports of coumarin consigned from Indonesia and Malaysia to the Community had to 
be made on the basis of the facts available in accordance with Article 18 of the basic 
Regulation.  At  the  outset  of  the  investigation,  the  authorities  of  Indonesia  and 
Malaysia  had  been  informed  of  the  consequences  of  non-cooperation,  as  set  out  in 
Article 18(6) of the basic Regulation.  

(b) PRC  

(12)  No Chinese producers or exporters co-operated in the investigation. 

(13) 

It  was  made  clear  to  the  known  companies  that  non-cooperation  may  lead  to  the 
application of 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 
Regulation, coumarin currently classifiable within CN code ex 2932 21 00. Coumarin 
is a whitish crystalline powder with the characteristic odour of newly mown hay. Its 
main uses are as an aroma chemical and as a fixative in the preparation of fragrance 
compounds,  such  compounds  being  used  in  the  production  of  detergents,  cosmetics 
and fine fragrances.  

(15)  Coumarin  can  be  manufactured  following  two  different  production  processes:  the 
Phenol  route  which  involves  Perkin  reaction  and  the  o-Cresol  route  which  involves 
Rasching reaction. However, coumarin produced through these two processes has the 
same basic physical and chemical characteristics and has the same uses.  

EN 

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(16) 

In the absence of co-operation by parties in Indonesia or Malaysia, it must be inferred, 
on the basis of the information available and in the absence of any contrary evidence, 
that coumarin exported to the Community from the PRC and coumarin consigned from 
Indonesia and Malaysia 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 

(17)  As  stated  above,  the  change  in  the  pattern  of  the  trade  was  alleged  to  stem  from 

transhipment via Indonesia and Malaysia.  

Indonesia 

(18)  As no Indonesian company cooperated in the investigation, exports from Indonesia to 
the  Community  had  to  be  established  on  the  basis  of  the  facts  available  pursuant  to 
Article  18  of  the  basic  Regulation.  Eurostat  data,  which  were  the  most  appropriate 
information available, were therefore used to establish the export prices and quantities 
of imports from Indonesia.  

(19)  Significant imports from Indonesia into the Community started immediately after the 
initiation of the previous anti-circumvention investigation against India and Thailand, 
at  the  level  of  12,5  tonnes  in  2004,  15  tonnes  in  2005  and  10  tonnes  in  the 
investigation period (representing 1,7% of the EU consumption). In parallel, Chinese 
exports  into  Indonesia  have  developed  from  57  tonnes  in  2003  to  83,8  tonnes  in  the 
investigation period. 

(20) 

In the absence of cooperation and of any contrary evidence, it is concluded that there 
was a change in the pattern of trade between the PRC, Indonesia and the Community 
from 2004 to the end of the investigation period, which stemmed from transhipment of 
coumarin originating in the PRC via Indonesia. 

Malaysia 

(21)  As no Malaysian company cooperated in the investigation, exports from Malaysia to 
the  Community  had  to  be  established  on  the  basis  of  the  facts  available  pursuant  to 
Article  18  of  the  basic  Regulation.  Eurostat  data,  which  were  the  most  appropriate 
information available, were therefore used to establish the export prices and quantities 
of imports from Malaysia. 

(22) 

(23) 

Imports  from  Malaysia  into  the  Community  started  in  2005,  reaching  a  level  of 
13 tonnes in 2005 and 23 tonnes in the investigation period (representing 3,9% of the 
EU  consumption).  At  the  same  time,  the  Chinese  exports  into  Malaysia  have  grown 
from 23,6 tonnes in 2004 to 43,76 tonnes in the investigation period.  

In the absence of cooperation and of any contrary evidence, it is concluded that there 
was a change in the pattern of trade between the PRC, Malaysia and the Community 
from 2005 to the end of the investigation period, which stemmed from transhipment of 
coumarin originating in the PRC via Malaysia. 

EN 

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4. 

Insufficient due cause or economic justification 

Indonesia 

(24) 

(25) 

In the absence of cooperation and of any contrary evidence, it is concluded that, given 
that  significant  imports  started  immediately  after  the  initiation  of  the  previous  anti-
circumvention investigation against India and Thailand, in parallel with an increase of 
Chinese exports of coumarin to Indonesia, the change in the pattern of trade stemmed 
from the existence of the anti-dumping measures rather than from any other sufficient 
due  cause  or  economic  justification  within  the  meaning  of  Article  13(1)  of  the  basic 
Regulation.  In  this  respect,  it  is  also  noted  that  there  is  no  evidence  of  genuine 
production of coumarin in Indonesia. 

Malaysia 

In the absence of cooperation and of any contrary evidence, it is concluded that, given 
that  the  imports  started  in  2005,  after  the  extension  of  the  measures  on  imports  of 
coumarin consigned from India or Thailand and that, in parallel, the Chinese exports 
into  Malaysia  have  grown  from  23,6  tonnes  in  2004  to  43,76  tonnes  in  2005,  the 
change  in  the  pattern  of  trade  stemmed  from  the  existence  of  the  anti-dumping 
measures  rather  than  from  any  other  sufficient  due  cause  or  economic  justification 
within the meaning of Article 13(1) of the basic Regulation. In this respect, it is also 
noted that there is no evidence of genuine production of coumarin in Malaysia.  

5. 

Undermining of the remedial effects of the duty in terms of the prices and/or the 
quantities of the like products 

Indonesia 

(26)  Based on the trade flow analysis made above, it was found that a change in the pattern 
of the Community imports is linked to the fact that there were anti-dumping and anti-
circumvention measures in place. While imports declared as originating in Indonesia 
were absent on the Community market until 2003, they amounted to 4 tonnes in 2003, 
to  12,5  tonnes  in  2004,  to  15  tonnes  in  2005  and  to  10  tonnes  in  the  investigation 
period, representing 1,7% of Community consumption.  

(27)  The  investigation  revealed  that  the  imports  from  Indonesia  have  taken  place  at  price 
levels below the export price in the original investigation and well below the original 
normal value. 

(28)  On the basis of the above, it is concluded that the change in trade flows, together with 
the  abnormally  low  prices  of  exports  from  Indonesia  have  undermined  the  remedial 
effects of the anti-dumping measures both in terms of quantities and prices of the like 
products. 

Malaysia 

(29)  Based on the trade flow analysis made above, it was found that a change in the pattern 
of  trade  is  linked  to  the  fact  that  there  were  anti-dumping  and  anti-circumvention 
measures  in  place.  While  there  were  no  imports  of  coumarin  into  the  Community 
before 2005, they amounted to 13 tonnes in 2005 and to 23 tonnes in the investigation 
period.  

EN 

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(30)  The  investigation  revealed  that  the  imports  from  Malaysia  have  taken  place  at  price 
levels below the export price in the original investigation and well below the original 
normal value. 

(31)  On the basis of the above, it is concluded that the change in trade flows, together with 
the  abnormally  low  prices  of  exports  from  Malaysia  have  undermined  the  remedial 
effects of the anti-dumping measures both in terms of quantities and prices of the like 
products. 

6. 

Evidence of dumping in relation to the normal values previously established for 
like or similar products 

Indonesia 

(32) 

In order to determine whether evidence of dumping could be found with respect to the 
exports  of  coumarin  from  Indonesia  to  the  Community  during  the  IP,  Eurostat  data 
were used pursuant to Article 18 of the basic Regulation. 

(33)  Article 13(1) of the basic Regulation requires evidence of dumping in relation to the 

normal value previously established for the like or similar products.  

(34)  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 and insurance, on the basis 
of the facts available, i.e. as given in the request, in accordance with Article 18 of the 
basic Regulation. 

(35) 

In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of 
the weighted average normal value as established in the previous 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 coumarin to the Community from Indonesia. The dumping margin 
found,  expressed  as  a  percentage  of  the  CIF  price  at  the  Community  frontier,  duty 
unpaid, was above 100%. 

Malaysia 

(36) 

In order to determine whether evidence of dumping could be found with respect to the 
exports  of  coumarin  from  Malaysia  to  the  Community  during  the  IP,  Eurostat  data 
were used pursuant to Article 18 of the basic Regulation. 

(37)  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 and insurance, on the basis 
of the facts available, i.e. as given in the request, in accordance with Article 18 of the 
basic Regulation.  

EN 

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(38) 

In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of 
the weighted average normal value as established in the previous 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  coumarin  to  the  Community  from  Malaysia.  The  dumping  margin 
found,  expressed  as  a  percentage  of  the  CIF  price  at  the  Community  frontier,  duty 
unpaid, was above 100%. 

C. MEASURES 

(39) 

In view of the above findings of circumvention within the meaning of Article 13(1) of 
the  basic  Regulation,  the  existing  anti-dumping  measures  on  imports  of  the  product 
concerned originating in the PRC should be extended to the same product consigned 
from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia 
or not. 

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

Regulation. 

(41)  Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provide that any 
extended  measures  shall  be  applied  against  registered  imports  from  the  date  of 
registration,  the  anti-dumping  duty  should  be  collected  on  imports  of  coumarin 
consigned  from  Indonesia  or  Malaysia,  which  entered  the  Community  under 
registration imposed by the initiating Regulation.  

D. REQUESTS FOR EXEMPTION  

(42)  Although  during  this  investigation  no  genuine  producer  of  coumarin  was  found  to 
exist  in  Indonesia  or  Malaysia  or  made  itself  known  to  the  Commission,  new 
producers which would consider lodging a request for an exemption from the extended 
anti-dumping measure pursuant to Article 13(4) of the basic Regulation are informed 
that  they  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 
and 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. 

(43) 

Importers could still benefit from exemption from the 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. 

(44)  Where  an  exemption  is  warranted,  the  Council  will  amend  this  Regulation 
accordingly.  Subsequently,  any  exemption  granted  will  be  monitored  by  the 
Commission to ensure compliance with the conditions set therein. 

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E. PROCEDURE 

(45) 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

The definitive anti-dumping duty imposed by Council Regulation (EC) No 769/2002 
on  imports  of  coumarin,  falling  within  CN  code  ex  2932  21  00  originating  in  the 
People’s Republic of China is hereby extended to imports of coumarin, falling within 
CN code ex 2932 21 00 consigned from Indonesia or Malaysia, whether declared as 
originating in Indonesia or Malaysia or not (TARIC code 2932 21 00 16). 

The  duty  extended  by  paragraph  1  shall  be  collected  on  imports  registered  in 
accordance with Article 2 of Commission Regulation (EC) No 499/2006 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  and  must  be  signed  by  a 
person  authorised  to  represent  the  applicant.  The  request  must  be  sent  to  the 
following address: 

European Commission 
Directorate-General for Trade 
Directorate B  
Office: J-79 05/17 
B - 1049 Brussels 
Fax (32 2) 295 65 05  

2. 

In  accordance  with  Article  13(4)  of  Regulation  (EC)  No  384/96,  the  Council  may 
decide  to  exempt  imports  which  do  not  circumvent  the  anti-dumping  measures 
imposed by Regulation (EC) No 769/2002 from the duty extended by Article 1. 

Customs authorities are hereby directed to discontinue the registration of imports, established 
in accordance with Article 2 of Commission Regulation (EC) No 499/2006. 

Article 3 

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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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