Proposal for a COUNCIL REGULATION terminating the anti-dumping measures applicable to imports of coumarin originating in the People's Republic of China
Date: 2011-06-10
Institutions: European Commission
Subjects: China, anti-dumping measure, import (EU), organic chemical, originating product

EUROPEAN COMMISSION 

Brussels, 10.6.2011 
COM(2011) 322 final 

2011/0151 (NLE) 

Proposal for a 

COUNCIL REGULATION 

terminating the anti-dumping measures applicable to imports of coumarin originating in 
the People's Republic of China 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This proposal concerns the application of Council Regulation (EC) No 1225/2009 of 
30  November  2009  on  protection  against  dumped  imports  from  countries  not 
members  of  the  European  Community  ('the  basic  Regulation')  in  the  proceeding 
concerning imports of coumarin originating in the People's Republic of China. 

•  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. 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 600/19961 of 25 March 1996 imposing a definitive anti-
dumping duty on imports of coumarin originating in the People's Republic of China.  

Council  Regulation  (EC)  No  769/20022  of  7  May  2002  imposing  a  definitive  anti-
dumping duty on imports of coumarin originating in the People's Republic of China.  

Council  Regulation  (EC)  No  2272/20043  of  22  December  2004  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  India  or  Thailand,  whether  declared  as  originating  in  India  or 
Thailand or not. 

Commission Decision (EC) No 3/20054 of 3 January 2005 accepting an undertaking 
offered  in  connection  with  the  anti-circumvention  investigation  concerning  anti-
dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of 
coumarin  originating  in  the  People's  Republic  of  China,  by  imports  of  coumarin 
consigned  from  India  or  Thailand,  whether  declared  as  originating  in  India  or 
Thailand or not. 

Council  Regulation  (EC)  No  1650/20065  of  7  November  2006  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. 

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OJ L 086, 4.4.1996, p. 1. 
OJ L 123, 9.5.2002, p. 1. 
OJ L 396, 31.12.2004, p. 19. 
OJ L 1, 4.1.2005, p. 15. 
OJ L 311, 10.11.2006, p. 1. 

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Council Regulation (EC) No 654/20086 of 29 April 2008 imposing a definitive anti-
dumping duty on imports of coumarin originating in the People's Republic of China, 
as  extended  to  imports  of  coumarin  consigned  from  India,  Thailand,  Indonesia  and 
Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia 
or not. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT 
ASSESSMENT 

•  Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  had  the  possibility  to  defend 
their  interests  during  the  investigation,  in  line  with  the  provisions  of  the  basic 
Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The basic Regulation does not contain provisions for a general impact assessment but 
contains an exhaustive list of conditions that have to be assessed. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

On 5 November 2010, the Commission initiated, ex-officio, a partial interim review 
limited  to  injury  aspects  of  the  anti-  dumping  measures  applicable  to  imports  of 
coumarin  originating  in  the  People's  Republic  of  China,  as  extended  to  imports  of 
coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared 
as originating in India, Thailand, Indonesia and Malaysia or not, pursuant to Article 
11(3)  of  Council  Regulation  (EC)  No  1225/2009  on  protection  against  dumped 
imports from countries not members of the European Community.  

The purpose of this investigation was to examine whether there was still production 
of coumarin in the European Union, and if so, whether the Union industry was still 
suffering injury caused by dumped imports. 

The Commission was informed by the only known EU producer of coumarin, which 
constituted the Union industry in the investigation that lead to the imposition of the 
exiting measures, that the company had decided to permanently close its production 

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OJ L 183, 11.7.2008, p. 1. 

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unit at the end of August 2010. At the moment, for the European companies there is 
no other alternative than to import coumarin. 

The Commission has not identified arguments suggesting that Union interest might 
justify the continuation of the present anti-dumping measures in force and therefore 
suggests repealing these measures. 

It is therefore proposed that the Council adopt the attached proposal for a Regulation 
which  should  be  published  in  the  Official  Journal  of  the  European  Union  at  the 
earliest opportunity and in any event no later than 12 July 2011. 

•  Legal basis 

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against 
dumped imports from countries not members of the European Community. 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  European  Union.  The 
subsidiarity principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

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  Union, 
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: 

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

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2011/0151 (NLE) 

Proposal for a 

COUNCIL REGULATION 

terminating the anti-dumping measures applicable to imports of coumarin originating in 
the People's Republic of China 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection 
against dumped imports from countries not members of the European Community7 ('the basic 
Regulation') and in particular Article 9 and 11(2) thereof, 

Having  regard  to  the  proposal  submitted  by  the  European  Commission  ('the  Commission') 
after having consulted the Advisory Committee, 

Whereas: 

1. 

PROCEDURE 

1.1.  Measures in force 

(1) 

The  measures  currently  in  force  are  a  definitive  anti-dumping  duty  imposed  by 
Council  Regulation  (EC)  No  654/20088  on  imports  of  coumarin  originating  in  the 
People's Republic of China, as extended to imports of coumarin consigned from India, 
Thailand, Indonesia and Malaysia, whether declared as originating in India, Thailand, 
Indonesia and Malaysia or not, and an undertaking accepted from one Indian producer 
(Atlas Fine Chemicals Pvt. Ltd) 9. 

1.2. 

Grounds for the review 

(2) 

The Commission was informed that the sole producer of coumarin, which constituted 
the  Union  industry  in  the  investigation  which  led  to  the  imposition  of  the  existing 
measures, decided to discontinue production of coumarin within the European Union 
at the end of August 2010.  

1.3. 

Initiation 

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OJ L 343, 22.12.2009, p. 51. 
OJ L 183, 11.7.2008, p. 1. 
OJ L 1, 4.1.2005, p. 15. 

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(3) 

(4) 

Accordingly, the Commission, after consultation of the Advisory Committee, initiated, 
by a notice published in the Official Journal of the European Union10, a partial interim 
review limited to injury aspects of the anti-dumping measures applicable to imports of 
coumarin  originating  in  the  People's  Republic  of  China,  as  extended  to  imports  of 
coumarin consigned from India, Thailand, Indonesia and Malaysia, whether declared 
as originating in India, Thailand, Indonesia and Malaysia or not. 

The Commission advised officially the Union producers and the representatives of the 
People's  Republic  of  China  of  the  initiation  of  the  review  investigation.  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. 

1.4. 

Product under review 

(5) 

2. 

(6) 

(7) 

(8) 

The product under review is coumarin, originating in the People's Republic of China, 
currently falling within CN code ex 2932 21 00 (the product concerned). 

Findings and termination of the proceeding 

The  investigation  has  confirmed  that  the  only  European  producer  of  the  product 
concerned has permanently closed its production facility in August 2010. 

The Commission considers that the present proceeding should be terminated since the 
review  investigation  has  not  brought  to  light  any  considerations  showing  that  such 
termination  would  not  be  in  the  Union  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 Union interest. 

The  Commission  therefore  concludes  that  the  anti-dumping  proceeding  concerning 
imports into the Union of coumarin originating in the People's Republic of China, as 
extended  to  imports  of  coumarin  consigned  from  India,  Thailand,  Indonesia  and 
Malaysia, whether declared as originating in India, Thailand, Indonesia and Malaysia 
or not should be terminated, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The anti-dumping measures concerning imports of coumarin currently falling within CN code 
ex  2932  21  00  and  originating  in  the  People's  Republic  of  China,  as  extended  to  imports 
consigned from India, Thailand, Indonesia and Malaysia, whether  declared as originating in 
India,  Thailand,  Indonesia  and  Malaysia  or  not,  are  hereby  repealed  and  the  proceeding 
concerning these imports is terminated. 

10 

OJ C 299, 5.11.2010, p. 4. 

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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 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done in Brussels at […], 

For the Council 
The President 

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