2009/106/EC: Commission Decision of 6 February 2009 terminating the anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated iron or steel flat-rolled products originating in the People's Republic of China
Date: 2009-02-06
Institutions: European Commission
Subjects: China, anti-dumping legislation, dumping, import, iron, originating product, plate, steel

L 38/34

EN

Official Journal of the European Union

7.2.2009

COMMISSION

COMMISSION DECISION

of 6 February 2009

terminating the anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated
iron or steel flat-rolled products originating in the People's Republic of China

(2009/106/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. PROCEDURE

1.1. Initiation of the proceeding

(1)

On 14 December 2007, the Commission initiated, by a
the European
notice published in the Official
(‘notice
Union (2)
anti-dumping
proceeding concerning imports into the Community of
certain hot-dipped metallic-coated iron or steel flat-rolled
products, i.e.:

initiation’),

Journal of

an

of

coated with zinc

— flat-rolled products of iron or non-alloy steel, plated
and/or with aluminium
or
coated with
(excluding electrolytically plated or
zinc)
codes
CN
declared within
7210 41 00, 7210 49 00, 7210 61 00, 7210 69 00,
7212 30 00, 7212 50 61 and 7212 50 69,

normally

— flat-rolled products of alloy steel, of a width of 600
mm or more, plated or coated with zinc and/or
aluminium (excluding of stainless steel, of silicon-
electrical steel, of products not further worked than
hot-rolled or
and of
products electrolytically plated or coated with zinc)
normally declared within CN codes 7225 92 00 and
ex 7225 99 00, and

cold-rolled (cold-reduced)

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ C 302, 14.12.2007, p. 24.

— flat-rolled products of alloy steel, of a width of less
than 600 mm, plated or coated with zinc and/or
aluminium (excluding of stainless steel, of silicon-
electrical steel, of high-speed steel, of products not
further worked than hot-rolled or cold-rolled (cold-
reduced) and of products electrolytically plated or
coated with zinc) normally declared within CN
codes 7226 99 30 and ex 7226 99 70,

originating in the People's Republic of China (‘the
product concerned’).

The anti-dumping proceeding was initiated following a
complaint lodged on 30 October 2007 by EUROFER
(‘the complainant’) on behalf of producers representing
a major proportion, in this case more than 25 %, of the
total Community production of
certain hot-dipped
metallic-coated iron or steel flat-rolled products.

1.2. Parties concerned and verification visits

the

advised

officially

The Commission
exporting
producers in the People's Republic of China (‘PRC’) and
the importers/users known to be
their association,
concerned, the representatives of the exporting country
concerned, producers in potential analogue countries and
all known Community producers of the initiation of the
proceeding. The interested parties were given the oppor­
tunity to make their views known in writing and to
request a hearing within the time limit set out in the
notice of initiation.

the high number of Chinese exporting
In view of
producers,
importers,
Community
sampling was envisaged in the notice of initiation for
in accordance with
the determination of dumping,
Article 17 of the basic Regulation.

producers

and

In order to allow exporting producers in the PRC to
submit a claim for market economy treatment (‘MET’)
and/or individual treatment (‘IT’), if they so wished, the
Commission sent claim forms to the exporting producers
known to be concerned and to the authorities of the
PRC.

(2)

(3)

(4)

(5)

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Official Journal of the European Union

L 38/35

(6)

(7)

exporting producers,
from three

The Commission sent questionnaires to all parties known
to be concerned and received replies from seven sampled
from six Community
Chinese
producers,
from seven
Community users and one Brazilian producer (Brazil
served as analogue country). Seven Community users
associations also made their views known in writing.
All parties who so requested within the time limit set
and indicated that there were particular reasons why they
should be heard were granted a hearing.

importers,

The Commission sought and verified all the information
it deemed necessary for the purpose of MET and for the
determination
and
Community interest. Verification visits were carried out
at the premises of the following companies:

dumping,

resulting

injury

of

(a) Community Industry producers:

— Hellenic Steel Co., Thessaloniki, Greece,

— Ilva SpA, Milano, Italy,

— Salzgitter AG, Salzgitter, Germany,

— Thyssenkrupp Steel AG, Duisburg, Germany.

(b) Other Community producers:

— Corus UK Ltd., Newport, United Kingdom,

— ArcelorMittal Piombino S.p.A., Piombino, Italy.

(c) Exporting producers in the PRC:

— Changshu Xingdao Advanced Building Material

Co., Changshu,

— Changshu Everbright Material Technology Co.,

Changshu,

— Bengang Steel Plates Co, Benxi,

(d) Unrelated importers:

— Duferco SA, Lugano, Switzerland.

(8)

In view of the need to establish a normal value for
exporting producers in the PRC to which MET might
not be granted, a verification to establish normal value
on the basis of data from an analogue country, Brazil in
this case, took place at the premises of the following
company:

(e) Producer in analogue country:

— ArcelorMittal Vega, São Francisco do Sul, Brazil.

1.3. Investigation period

(9)

The investigation of dumping and injury covered the
period from 1 December 2006 to 30 November 2007
(the ‘investigation period’ or ‘IP’). The examination of
trends relevant for the assessment of injury covered the
period from 1 January 2004 to the end of the IP (‘the
period considered’).

1.4. Interim Report and subsequent procedure

(10) On 15 September 2008 the Commission disclosed to
interested parties an Interim Report setting out its provi­
sional findings with respect to this proceeding,
i.e. the
fact that the investigation established provisionally the
injury
existence of dumping but not that of material
and underlined the need to investigate further
the
aspect of possible threat of injury. On the basis of the
provisional findings it was considered appropriate not to
impose
to
continue the investigation. All parties were given an
opportunity to submit relevant evidence and comments
on the provisional findings. The parties who so requested
were also granted the opportunity to be heard. The
Commission continued to seek and verify all information
it deemed necessary for its definitive findings.

anti-dumping duty but

any provisional

— BX Steel Posco Cold Rolled Sheet Co. Ltd., Benxi,

(11)

— Angang Group International Trade Corporation,
Anshan and its related company Angang Group
Hong Kong Co., Ltd. in Hong Kong,

— ANSC-TKS Galvanizing Co., Dallian,

— International Economics & Trading Corporation
company

WISCO, Wuhan and
Wugang Trading Co. Ltd. in Hong Kong.

related

its

2. WITHDRAWAL OF THE COMPLAINT AND TERMI­
NATION OF THE PROCEEDING

By a letter dated 11 December 2008 and addressed to
the Commission, the complainant formally withdrew its
complaint. According to the complainant,
this with­
drawal was prompted by the recent market turbulence.
In view of these conditions the complainant does not
want
to pursue its case on volume-based threat of
injury which was based on an analysis of historic data
that no longer fully reflect the current market conditions.
According to the complainant, it is preferable to respond
in these circumstances to unfair injurious trade practices,
should they occur, by way of a fresh case instead of this
case which cannot fully address the totality of the issues
that the Community industry must now face.

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Official Journal of the European Union

7.2.2009

(12)

(13)

(14)

(15)

the

The complainant also argued that, taking into account
the recent changes in the Chinese export stimuli plan, the
Chinese exports will once again surge. In view of the
above danger
the
complainant
the product
Commission actively monitor imports of
concerned and be ready to open a new proceeding at
short order. Finally, the complainant emphasized that it
would be in the interest of China to closely monitor
future
concerned ensuring
the product
responsible behaviour of Chinese exporters on the inter­
national steel market.

requested that

exports of

It should be noted that the current situation with respect
to the product concerned both in the EC and in China is
characterized by an unprecedented change of the funda­
mental economic considerations. While in these circum­
stances it is difficult to make reasoned assumptions as to
the development of the market in the short to medium-
term it would also seem that the economic situation is
volatile and that the appearance of injurious dumping
cannot be entirely excluded.
It is therefore considered
appropriate to monitor, in the near future, imports into
the EC of the product concerned originating in the PRC.
The monitoring period should not exceed 24 months
from the publication of the termination of the present
proceeding. The Commission does not
the
opening of a new investigation concerning the same
product if and when evidence is provided that points
to injurious dumping, in line with the requirements set
out in the relevant provisions of Article 5 of the basic
Regulation.

rule out

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.

In this respect it is noted that the above analysis of the
current situation with respect to the product concerned
and any possible new investigation in the future do not
put into question the complainant's action to withdraw.
Therefore, 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.

(16)

concerning

the anti-
The Commission therefore concludes
dumping proceeding
into the
Community of certain hot-dipped metallic-coated iron
or
flat-rolled products originating in the PRC
should be terminated without the imposition of anti-
dumping measures,

that
imports

steel

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of certain
hot-dipped metallic-coated iron or steel flat-rolled products i.e.:

— flat-rolled products of

iron or non-alloy steel, plated or
coated with zinc and/or with aluminium (excluding electro­
lytically plated or coated with zinc) normally declared within
CN
7210 61 00,
7210 69 00, 7212 30 00, 7212 50 61 and 7212 50 69,

7210 41 00,

7210 49 00,

codes

— flat-rolled products of alloy steel, of a width of 600 mm or
more, plated or
coated with zinc and/or aluminium
(excluding of stainless steel, of silicon-electrical steel, of
products not further worked than hot-rolled or cold-rolled
(cold-reduced) and of products electrolytically plated or
coated with zinc) normally declared within CN codes
7225 92 00 and ex 7225 99 00, and

— flat-rolled products of alloy steel, of a width of less than
600 mm, plated or coated with zinc and/or aluminium
(excluding of stainless steel, of silicon-electrical steel, of
high-speed steel, of products not further worked than hot-
rolled or cold-rolled (cold-reduced) and of products electro­
lytically plated or coated with zinc) normally declared within
CN codes 7226 99 30 and ex 7226 99 70,

originating in the People's Republic of China,
terminated.

is hereby

Done at Brussels, 6 February 2009.

For the Commission

Catherine ASHTON
Member of the Commission