Proposal for a COUNCIL REGULATION extending the definitive anti-dumping duty imposed by Regulation (EU) No 511/2010 on imports of certain molybdenum wires originating in the People's Republic of China to imports of certain molybdenum wires consigned from Malaysia, whether declared as originating in Malaysia or not and terminating the investigation in respect of imports consigned from Switzerland
Date: 2011-12-09
Institutions: European Commission
Subjects: China, Malaysia, Switzerland, anti-dumping measure, import (EU), originating product, steel, wire

EUROPEAN COMMISSION 

Brussels, 9.12.2011 
COM(2011) 867 final 

2011/0422 (NLE) 

Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Regulation (EU) No 511/2010 on 
imports of certain molybdenum wires originating in the People's Republic of China to 
imports of certain molybdenum wires consigned from Malaysia, whether declared as 
originating in Malaysia or not and terminating the investigation in respect of imports 
consigned from Switzerland 

 
 
  
 
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 on 
protection  against  dumped  imports  from  countries  not  members  of  the  European 
Community1 (‘the basic Regulation’) in the proceeding concerning imports of certain 
molybdenum  wires  consigned  from  Malaysia  and  Switzerland,  whether  declared  as 
originating in Malaysia and Switzerland or not. 

•  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. 

The  measures  currently  in  force  are  a  definitive  anti-dumping  duty  imposed  by 
Council Regulation (EU) No 511/2010 (OJ L 150, 16.6.2010, p. 17.) on imports of 
certain molybdenum wire originating in the People's Republic of China. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

•  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 provide for a general impact assessment but contain 
an exhaustive list of conditions that have to be assessed. 

1 

OJ L 343, 22.12.2009, p. 51. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

A  definitive  anti-dumping  duty  of  64,3%  was  imposed  on  imports  of  certain 
molybdenum  wire  originating  in  the  People's  Republic  of  China  ('PRC')  in  June 
2010. 

The current investigation was initiated on 18 May 2011 pursuant to Article 13(3) of 
the  basic  Regulation  upon  a  request  submitted  by  the  European  Association  of 
Metals  (Eurometaux)  on  behalf  of  a  Union  producer  of  molybdenum  wires.  The 
applicant  alleged  that  the  measures  in  force  were  circumvented  by  means  of 
transhipment via Malaysia and Switzerland 

The  findings  in  the  present  case  are  based  on  facts  available  as  co-operation  was 
obtained neither from  exporting producers in the countries concerned nor from any 
importer  in  the  EU.  No  comments  were  received  from  the  Chinese,  Malaysian  or 
Swiss authorities.  

According to the request, there is no production of molybdenum wires in Malaysia or 
Switzerland. In the course of the present investigation, the Commission received no 
evidence which would contradict that information. 

Switzerland 

The  investigation  could  not  establish  any  transhipment  practices  of  molybdenum 
wires originating in the PRC via Switzerland as there were no imports of the product 
concerned  from  Switzerland  declared  as  originating  in  Switzerland  into  the  EU 
during the IP. Consequently the investigation concerning the possible circumvention 
of  anti-dumping  measures  by  imports  of  molybdenum  wires  consigned  from 
Switzerland  should  be  terminated  and  the  registration  of  imports  of  molybdenum 
wires consigned from Switzerland, introduced by the initiating Regulation, should be 
discontinued. 

Malaysia 

The  decrease  of  Chinese  imports  and  parallel  increase  of  imports  from  Malaysia 
constituted a change in the pattern of trade between the PRC and Malaysia on the one 
hand and the Union on the other. 

The investigation did not bring to light any other due cause or economic justification 
for the transhipment than the avoidance of the measures in force. No elements were 
found, other than the duty, which could be considered a compensation for the cost of 
transhipment. 

The  comparison  of  weighted  average  normal  value  as  established  in  the  original 
investigation and the weighted average export price showed dumping.  

It was further established that the export prices from Malaysia undersold those of the 
Union  industry  as  established  during  the  original  investigation.  As  far  as  the 
undermining  effects  in  terms  of  volumes  are  concerned,  the  level  of  imports  from 
Malaysia  in  the  IP  amounts  to  around  6%  of  the  level  of  imports  of  the  product 

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originating in the PRC before the imposition of measures. It is therefore concluded 
that the Malaysian imports undermine the remedial effects of the duties in terms of 
both quantities and prices.  

Consequently,  it  is  proposed  to  extend  the  anti-dumping  measures  to  imports  of 
molybdenum wires consigned from Malaysia, whether directly or via a third country 
and whether declared as originating in Malaysia or not.  

•  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  and  in 
particular Article 13 thereof. 

•  Subsidiarity principle 

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

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason. 

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 instrument: Council Regulation. 

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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2011/0422 (NLE) 

Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Regulation (EU) No 511/2010 on 
imports of certain molybdenum wires originating in the People's Republic of China to 
imports of certain molybdenum wires consigned from Malaysia, whether declared as 
originating in Malaysia or not and terminating the investigation in respect of imports 
consigned from Switzerland 

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 Community2 (‘the basic 
Regulation’), and in particular Article 13 thereof, 

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

Whereas: 

1. 

(1) 

2. 

(2) 

A. PROCEDURE 

Existing measures 

By Regulation (EU) No 511/20103 ('the original Regulation'), the Council imposed a 
definitive  anti-dumping  duty  of  64,3%  on  imports  of  certain  molybdenum  wires  as 
defined in Article 1(1) of the said Regulation ('the product concerned)' originating in 
the  People's  Republic  of  China  ('PRC'  or  'country  concerned').  These  measures  will 
hereinafter be referred to as 'the measures in force' and the investigation that led to the 
measures  imposed  by  the  original  Regulation  will  be  hereinafter  referred  to  as  '  the 
original investigation'. 

Request  

On 4 April 2011, the Commission received a request pursuant to Article 13(3) of the 
basic Regulation to investigate the alleged circumvention of the measures in force. The 
request was submitted by the European Association of Metals (Eurometaux) on behalf 
of a Union producer of certain molybdenum wires ('the applicant'). 

2 
3 

OJ L 343, 22.12.2009, p.51. 
OJ L 150, 16.6.2010, p. 17. 

EN 

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(3) 

(4) 

(5) 

3. 

(6) 

4. 

(7) 

(8) 

The request alleged that following the imposition of the measures in force, there had 
been  a  significant  change  in  the  pattern  of  trade  between  PRC,  Malaysia  and 
Switzerland on the one hand and the Union on the other. The applicant claimed that 
this  change  was  due  to  transhipment  of  molybdenum  wires  via  Malaysia  or 
Switzerland.  

The request concluded that there was insufficient due cause or economic justification 
for the transhipment other than the existence of the measures in force. 

Finally, the applicant alleged that the remedial  effects  of  the  measures  in  force  were 
being  undermined  both  in  terms  of  quantities  and  prices  and  that  the  prices  of 
molybdenum wires from Malaysia and Switzerland were dumped when related to the 
normal value established in the original investigation. 

Initiation 

Having  determined,  after  consulting  the  Advisory  Committee,  that  sufficient  prima 
facie  evidence  existed  for  initiation  of  an  investigation  pursuant  to  Article  13  of  the 
basic  Regulation,  the  Commission  initiated  an  investigation  by  Regulation  (EU)  No 
477/20114  ('the  initiating  Regulation').  Pursuant  to  Articles  13(3)  and  14(5)  of  the 
basic  Regulation,  the  Commission,  by  the  initiating  Regulation,  also  directed  the 
customs  authorities  to  register  imports  of  the  product  concerned  consigned  from 
Malaysia or Switzerland, whether declared as originating in Malaysia or Switzerland 
or not, as of 19 May 2011.  

Investigation 

The  Commission  officially  advised  the  authorities  of  the  PRC,  Malaysia  and 
Switzerland,  the  exporting  producers  and  traders  in  those  countries,  the  importers  in 
the Union known to be concerned as well as the Union producers of the initiation of 
the investigation.  

Questionnaires were sent to the producers/exporters in Malaysia, Switzerland and the 
PRC  as  well  as  to  Union  importers  known  to  be  concerned  and/or  mentioned  in  the 
request.  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 to findings being based on the facts available. 

(9) 

One Union importer contacted the Commission, declaring that it had never purchased 
any molybdenum wires from outside the Union. 

(10)  Two Malaysian companies submitted that during the IP they neither manufactured nor 

exported to the Union any molybdenum wires. 

(11)  One Swiss company declared that they were not involved in producing or selling the 

molybdenum wires over the past three years.  

4 

OJ L 131, 18.5.2011, p. 14. 

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(12)  One Chinese producer replied to the questionnaire indicating that, from 2009 onwards, 
they exported molybdenum wires neither to the Union nor to Malaysia or Switzerland.  

(13)  The  Commission  received  no  comments  from  the  Chinese,  Malaysian  or  Swiss 

authorities. 

5. 

Investigation Period 

(14)  The investigation period covered the period from 1 April 2010 to 31 March 2011 ('the 
IP').  Data  was  collected  for  the  period  from  2007  to  the  end  of  the  IP  ('period 
considered') to investigate the alleged change in the pattern of trade. 

B. RESULTS OF THE INVESTIGATION 

1. 

General considerations/degree of cooperation 

(15)  As mentioned in recital (10), only two companies in Malaysia cooperated but they did 
not export the product concerned to the Union during the IP. As mentioned in recital 
(11),  only  one  Swiss  company  submitted  information  according  to  which  they  were 
not involved in producing or selling the product concerned over the past three years. 
Consequently, findings in the present investigation had to be based on facts available 
in accordance with Article 18 of the basic Regulation. 

(16) 

In  accordance  with  Article  13(1)  of  the  basic  Regulation,  the  assessment  of  possible 
circumvention practices was made by analyzing successively (1) whether there was a 
change  in  the  pattern  of  trade  between  PRC,  Malaysia  and  Switzerland  on  the  one 
hand and the Union on the other; (2) if this change stemmed from a practice, process 
or work for which there was insufficient due cause or economic justification other than 
the  imposition  of  the  duty;  (3)  if  there  was  evidence  of  injury  or  that  the  remedial 
effects of the duty were being undermined in terms of the prices and/or quantities of 
the  like  product;  and  (4)  whether  there  was  evidence  of  dumping  in  relation  to  the 
normal values previously established for the like product, if necessary in accordance 
with the provisions of Article 2 of the basic Regulation. 

2. 

Product concerned and like product 

(17)  The  product  concerned  is  as  defined  in  the  original  investigation,  i.e.  molybdenum 
wire, containing by weight at least 99,95 % of molybdenum, of which the maximum 
cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating 
in the PRC, currently falling within CN code ex 8102 96 00.  

(18)  The  product  under  investigation  is  the  same  as  that  defined  in  recital  (17)  but 
consigned from Malaysia or Switzerland, whether declared as originating in Malaysia 
or Switzerland or not. 

(19)  As  far  as  imports  declared  as  originating  in  Switzerland  are  concerned  it  was 
established,  on  the  basis  of  data  from  Surveillance  II  database,  that  there  were  no 
imports of the product concerned to the Union during the IP. 

(20)  As far as imports declared as originating in Malaysia are concerned, in the absence of 
cooperation,  the  comparison  of  molybdenum  wires  exported  to  the  Union  from  PRC 
against  molybdenum  wires  consigned  from  Malaysia  to  the  Union  was  based  on 

EN 

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information available in accordance with Article 18 of the basic Regulation, including 
information  provided  in  the  request.  No  information  obtained  during  the  present 
investigation suggested that molybdenum wires exported to the Union from the PRC 
and  molybdenum  wires  consigned  from  Malaysia  to  the  Union  would  not  have  the 
same basic physical characteristics and the same uses. Therefore, they are considered 
as  like  products  within  the  meaning  of  Article  1(4)  of  the  basic  Regulation.  No 
submissions to the contrary were made during the investigation. 

3. 

Change in the pattern of trade 

Imports of molybdenum wires into the Union 

3.1.1.  PRC and Malaysia 

(21)  Due  to  lack  of  cooperation  from  the  Chinese  exporting  producers,  in  order  to  assess 
the level of imports for the year 2010 and the IP different statistical sources have been 
compared.  Those  included  both  publicly  available  sources  like  Eurostat  as  well  as 
other sources like the database pursuant to Article 14(6) of the basic Regulation  and 
Surveillance II database.  

(22)  As stated in recital 27 of the original Regulation, imports from the PRC amounted to 
87 tonnes in 2007, 100 tonnes in 2008 and 97 tonnes in the original IP (1 April 2008 to 
31 March 2009).  

(23)  The  imports  of  the  product  concerned  from  the  PRC  dropped  significantly  after  the 
imposition of the measures (from 97 tonnes in the original IP to below 10 tonnes in the 
IP).  On  the  other  hand  Malaysian  imports  increased  from  none  in  2009  to  around  6 
tonnes in the IP.  

3.1.2.  PRC and Switzerland 

(24)  According  to  the  Eurostat  data,  i.e.  data  at  the  CN  code  level,  the  imports  from 
Switzerland increased from virtually none in 2009 and preceding years to 5 tonnes in 
both  2010  and  2011.  However,  the  investigation  established  that  no  imports  of  the 
product  concerned  from  Switzerland,  declared  as  originating  in  Switzerland, into the 
Union were made during the IP. Furthermore, no such imports were made in the whole 
year 2010 while original provisional measures were in force since December 2009.  

3.1.3. 

Imports from the PRC into Malaysia and Switzerland  

(25)  The  Chinese  statistical  sources  indicate  that  exports  of  the  product  concerned  to 
Malaysia started in 2010, while only negligible quantities were exported in 2009 and 
2008.  

(26)  The Swiss statistical sources show that imports from the PRC into Switzerland started 
in 2010 and continued in 2011  although  negligible quantities were imported in 2009 
and 2008. However, this import data relates at the level of CN code and hence has a 
scope broader than the definition of the product concerned in the present investigation. 
As noted above it was established that there were no exports of the product concerned 
from Switzerland, declared as originating in Switzerland, to the EU. Consequently, the 
investigation  could  not  establish  any  transhipment  practices  of  molybdenum  wires 
originating in PRC via Switzerland. 

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3.1.4.  Conclusion on the change of pattern of trade 

Malaysia 

(27)  The overall decrease of exports of the product concerned from the PRC to the Union 
as from 2010 and the parallel increase of exports from Malaysia and of exports from 
the PRC to Malaysia after the imposition of the original measures constituted a change 
in the pattern of trade between the above mentioned countries on the one hand and the 
Union on the other hand. 

Switzerland 

(28)  As far as Switzerland is concerned, no change in the pattern of trade between the PRC, 
Switzerland  and  the  EU  could  be  established  with  regard  to  imports  of  the  product 
concerned. Consequently, the investigation of possible circumvention of anti-dumping 
measures  by  imports  of  molybdenum  wires  consigned  from  Switzerland  should  be 
terminated. 

4. 

Nature  of  the  circumvention  practice  and  insufficient  due  cause  or  economic 
justification 

(29)  Article  13(1)  of  the  basic  Regulation  requires  that  the  change  in  the  pattern  of  trade 
stems  from  a  practice,  process  or  work  for  which  there  is  insufficient  due  cause  or 
economic justification other than the imposition of the duty. The practice, process or 
work includes, inter alia, the consignment of the product subject to measures via third 
countries.  

(30)  The  comparison  of  trade  flows  between  the  PRC  and  Malaysia  on  the  one  hand  and 
Malaysia  and  the  EU  on  the  other  hand  indicates  the  existence  of  transhipment 
practices.  The  allegation  in  the  request  has  not  been  contested  by  any  operator  from 
neither the above mentioned countries nor from the EU. It is recalled that no producers 
of molybdenum wires from Malaysia cooperated with this investigation. 

(31)  The investigation did not bring to light any other due cause or economic justification 
for the transshipment than the avoidance of the measures in force. No elements were 
found, other than the avoidance of the payment of the duty, which could be considered 
as  a  compensation  for  the  costs  of  transshipment  of  the  product  concerned  from  the 
PRC via Malaysia. 

(32)  This  conclusion  is  further  corroborated  by  the  fact  that  no  producer  of  molybdenum 

wires from Malaysia came forward during the present investigation. 

(33) 

(34) 

In addition, it is noted that imports from Malaysia had discontinued around the time of 
the publication of the initiating Regulation. 

It  is  therefore  concluded  that,  in  the  absence  of  any  other  sufficient  due  cause  or 
economic justification within the meaning of the second sentence of Article 13(1) of 
the basic Regulation, the change in the pattern of trade between the PRC and Malaysia 
on  the  one  hand  and  the  Union  on  the  other  hand  was  due  to  the  imposition  of  the 
measures in force. 

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5. 

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

(35)  To assess whether the imported products from Malaysia had, in terms of quantities and 
prices, undermined the remedial effects of the measures in force, data from available 
statistical  sources  as  described  in  recital  (21)  above  were  used  as  the  best  data 
available concerning quantities and prices of exports from Malaysia. 

(36)  The  increase  of  imports  from  Malaysia  was  considered  to  be  significant  in  terms  of 
quantities. The level of imports from Malaysia in the IP amounts to around 6% of the 
level of imports of the product originating in the PRC to EU before the imposition of 
measures.  

(37)  The  comparison  of  the  injury  elimination  level  as  established  in  the  original 
Regulation and the weighted average export price showed significant underselling. It 
was  therefore  concluded  that  the  remedial  effects  of  the  measures  in  force  are  being 
undermined both in terms of quantities and prices.  

6. 

(38) 

(39) 

(40) 

(41) 

Evidence of dumping in relation to the normal value previously established for 
the like product 

In the absence of cooperation from any exporting producer, export prices were based 
on facts available pursuant to Article 18 of the basic Regulation. The prices available 
from  statistical  sources  as  described  in  recital  (21)  were  considered  to  be  the  most 
reliable.  

In accordance with Article 13(1) of the basic Regulation, it was considered appropriate 
that the normal value to be used in an anti-circumvention investigation is the normal 
value established during the original investigation. In the absence of cooperation and 
pursuant to Article 18 of the basic Regulation, for the purpose of comparing the export 
price and normal value, it was considered appropriate to assume that the product mix 
of the goods observed during the present investigation was the same as in the original 
investigation.  

In  the  original  investigation,  the  USA  was  considered  to  be  an  appropriate  market 
economy analogue country. Since the analogue country producer made only marginal 
sales on the domestic US market, it was found unreasonable to use US domestic sales 
data for the purposes of determining or constructing normal value. Consequently, the 
normal value for the PRC was established on the basis of export prices from the USA 
to other third countries, including the EU. 

In  accordance  with  Article  2(11)  and  2(12)  of  the  basic  Regulation,  dumping  was 
calculated  by  comparing  the  weighted  average  normal  value  as  established  in  the 
original  Regulation  and  the  weighted  average  export  prices  established  during  this 
investigation’s  IP,  expressed  as  a  percentage  of  the  net,  free-at-Union-frontier  price, 
before customs duty. 

(42)  The  comparison  of  the  weighted  average  normal  value  and  the  weighted  average 

export prices showed dumping. 

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C. MEASURES 

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(43) 

(44) 

In view of the findings above, it was concluded that the definitive anti-dumping duty 
imposed  on  imports  of  molybdenum  wires  originating in  the PRC was circumvented 
by transhipment via Malaysia.  

In  accordance  with  the  first  sentence  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  imports  of  the  same  product  consigned  from  Malaysia, 
whether declared as originating in Malaysia or not. 

(45)  The  measures  to  be  extended  should  be  the  ones  established  in  Article  1(2)  of 
Regulation  (EU)  No  511/2010,  which  are  a  definitive  anti-dumping  duty  of  64,3% 
applicable to the net, free-at-Union-frontier price, before customs duty. 

(46) 

In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provides 
that  any  extended  measure  should  apply  to  imports  which  entered  the  Union  under 
registration imposed by the initiating Regulation, duties should be collected on those 
registered imports of molybdenum wires consigned from Malaysia. 

D. TERMINATION OF THE INVESTIGATION IN RESPECT OF IMPORTS FROM 
SWITZERLAND 

(47) 

In  view  of  the  findings  regarding  Switzerland,  the  investigation  concerning  the 
possible circumvention of anti-dumping measures by imports of the product concerned 
consigned  from  Switzerland  should  be  terminated  and  the  registration  of  imports  of 
molybdenum  wires  consigned  from  Switzerland,  introduced  by  the  initiating 
Regulation, should be discontinued. 

E. REQUESTS FOR EXEMPTION 

(48) 

It  is  recalled  that  during  the  present  investigation  no  producer/exporter  of 
molybdenum wires to the Union made itself known or was found to exist in Malaysia. 
Nevertheless,  any  producer  from  Malaysia  which  did  not  export  the  product  under 
investigation to the Union during the IP and which considers lodging a request for an 
exemption from the extended anti-dumping duty pursuant to Articles 11(4) and 13(4) 
of the basic Regulation 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 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-the-spot verification visit. The request should be addressed to the 
Commission forthwith, with all relevant information, in particular any modification in 
the company's activities linked to the production and sales. 

(49)  Where  an  exemption  is  warranted,  the  Commission  will,  after  consultation  of  the 
Advisory  Committee,  propose  the  amendment  of  the  extended  measures  in  force 
accordingly.  Subsequently,  any  exemption  granted  will  be  monitored  to  ensure 
compliance with the conditions set therein. 

F. DISCLOSURE 

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(50) 

Interested parties were informed of the essential facts and considerations leading to the 
above conclusions and were given the opportunity to comment and to be heard,  

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 
The  definitive  anti-dumping  duty  imposed  by  Regulation  (EU)  No  511/2010  on 
imports  of  molybdenum  wire,  containing  by  weight  at  least  99,95  %  of  molybdenum,  of 
which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, 
currently falling within CN code ex 8102 96 00 and originating in the People’s Republic of 
China,  is  hereby  extended  to  imports  of  molybdenum  wire,  containing  by  weight  at  least 
99,95 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm 
but does not exceed 4,0 mm, currently falling within CN code ex 8102 96 00 (TARIC code 
8102 96 00 11), consigned from Malaysia, whether declared as originating in Malaysia or not. 

2. 
The  duties  extended  by  paragraph  1  of  this  Article  shall  be  collected  on  imports 
consigned  from  Malaysia,  whether  declared  as  originating  in  Malaysia  or  not,  registered  in 
accordance with Article 2 of Commission Regulation (EU) No 477/2011 and Articles 13(3) 
and 14(5) of Regulation (EC) No 1225/2009. 

Unless  otherwise  specified,  the  provisions  in  force  concerning  customs  duties  shall 

3. 
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 
authorized to represent the entity requesting the exemption. The request must be sent to the 
following address: 

European Commission 
Directorate-General for Trade 
Directorate H 
Office: N105 4/92 
1049 Bruxelles/Brussel 
BELGIQUE/BELGIË 
Fax +32 2297 98 81 
Email: TRADE-13-3-MOLYBDENUM@ec.europa.eu  

2. 
In accordance with Article 13(4) of Regulation (EC) No 1225/2009, the Commission, 
after consulting the Advisory Committee, may authorise by decision the exemption of imports 
which  do  not  circumvent  the  anti-dumping  measures  imposed  by  Regulation  (EU)  No 
511/2010 from the duty extended by Article 1 of the present Regulation. 

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Article 3 

The  investigation  initiated  by  Regulation  (EU)  No  477/2011  concerning  the  possible 
circumvention  of  the  of  anti-dumping  measures  imposed  by  Council  Implementing 
Regulation  (EU)  No  511/2010  on  imports  of  certain  molybdenum  wires  originating  in  the 
People’s  Republic  of  China  by  imports  of  certain  molybdenum  wires  consigned  from 
Switzerland, whether declared as originating in Switzerland or not, is hereby terminated. 

Customs authorities are hereby directed to discontinue the registration of imports, established 
in accordance with Article 2 of Regulation (EU) No 477/2011. 

Article 4 

This  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official 
Journal of the European Union.  

Article 5 

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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