Proposal for a COUNCIL IMPLEMENTING REGULATION imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People's Republic of China and Thailand and terminating the proceeding with regard to Indonesia
Date: 2013-04-15
Institutions: European Commission
Subjects: China, Indonesia, Thailand, anti-dumping duty, cast-iron, import (EU), originating product, piping

EUROPEAN 
COMMISSION 

Brussels, 15.4.2013  
COM(2013) 201 final 

2013/0108 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

imposing a definitive anti-dumping duty and collecting definitively the provisional duty 
imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, 
originating in the People's Republic of China and Thailand and terminating the 
proceeding with regard to Indonesia 

EN 

   EN 

 
 
 
  
 
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  1225/2009  of 
30 November 2009 on protection against dumped imports from countries not members 
of  the  European  Community1  ('the  basic  Regulation')  in  the  proceeding  concerning 
imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the 
People's Republic of China, Thailand and Indonesia. 

120 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is  the  result  of  an  investigation  that  was  carried  out  in  line  with  the  substantive  and 
procedural requirements laid out in the basic Regulation. 

139 

•  Existing provisions in the area of the proposal 

By  Regulation  (EU)  No  1071/2012  the  Commission  imposed  a  provisional  anti-
dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, 
originating in the People's Republic of China and Thailand. 

141 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

219 

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 

229 

There was no need for external expertise. 

230 

•  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 contains an 
exhaustive list of conditions that have to be assessed. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

On 16 February 2012, the Commission announced by a notice (‘notice of initiation’), 
published  in  the  Official  Journal  of  the  European  Union,  the  initiation  of  an  anti-
dumping proceeding concerning imports into the Union of threaded tube or pipe cast 
fittings, of malleable cast iron, originating in the People's Republic of China, Thailand 

1 

OJ L 343, 22.12.2009, p. 51.  

EN 

2 

   EN 

 
 
                                                 
and Indonesia. 

The anti-dumping proceeding was initiated following a complaint lodged on 3 January 
2012 by the Defence Committee of Tube or Pipe Cast Fittings, of Malleable Cast Iron 
of  the  European  Union  (‘the  complainant’)  on  behalf  of  producers  representing  more 
than  50  %  of  the  total  Union  production  of  threaded  tube  or  pipe  cast  fittings,  of 
malleable  cast  iron  containing  evidence  of  dumping  and  of  material  injury  resulting 
therefrom. 

On 15 November 2012, the Commission imposed, by Regulation (EU) No 1071/2012, 
a provisional anti-dumping duty on imports into the Union of threaded tube or pipe cast 
fittings,  of  malleable  cast  iron,  originating  in  the  People's  Republic  of  China  and 
Thailand  ranging  from  15,9  %  to  67,8  %.  No  provisional  anti-dumping  duty  was 
imposed  on  imports  of  threaded  tube  or  pipe  cast  fittings,  of  malleable  cast  iron 
originating in Indonesia. 

The  attached  proposal  for  a  Council  Regulation  is  based  on  the  definitive  findings 
which  have  confirmed  the  existence  of  dumping  causing  injury,  and  the  fact  that  the 
imposition of measures is not against the Union interest. The provisional findings were 
in  general  confirmed,  but  the  product  scope  has  been  narrowed  and  changes  to  the 
calculation  of  dumping  and  injury  margins  have  resulted  in  a  reduction  of  the  duty 
levels that now range from 14,9 % to 57,8 %. 

It  is  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Regulation  which 
should be published in the Official Journal of the European Union by 15 May 2013 at 
the latest. 

310 

•  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. 

329 

•  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 reasons: 

331 

332 

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 

341 

Proposed instruments: regulation. 

342  Other means would not be adequate for the following reason: 

The above-mentioned basic Regulation does not provide for alternative options. 

EN 

3 

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4) BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Union budget. 

EN 

4 

   EN 

2013/0108 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

imposing a definitive anti-dumping duty and collecting definitively the provisional duty 
imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, 
originating in the People's Republic of China and Thailand and terminating the 
proceeding with regard to Indonesia 

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 9 thereof, 

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

Whereas: 

Provisional measures 

A. 

PROCEDURE  

On 15 November 2012, the European Commission ('the Commission'), by Regulation 
(EU)  No  1071/20123  (‘the  provisional  Regulation’)  imposed  a  provisional  anti-
dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, 
originating in the People's Republic of China (‘the PRC’) and Thailand. 
The proceeding was initiated by a notice of initiation4 published on 16 February 2012, 
following a complaint lodged on 3 January 2012 by the Defence Committee of Tube 
or  Pipe  Cast  Fittings,  of  Malleable  Cast  Iron  of  the  European  Union  (‘the 
complainant’) on behalf of producers representing more than 50 % of the total Union 
production  of  threaded  tube  or  pipe  cast  fittings  of  malleable  cast  iron  ('threaded 
malleable fittings').  

As set out in recital (15) to the provisional Regulation, the investigation of dumping 
and  injury  covered  the  period  from  1  January  2011  to  31  December  2011 
(‘investigation period’ or ‘IP’). The examination of trends relevant for the assessment 
of  injury  covered  the  period  from  1  January  2008  to  the  end  of  the  IP  (‘period 
considered’). 

Subsequent procedure 

Subsequent to the disclosure of the essential facts and considerations on  the  basis of 
which  it  was  decided  to  impose  provisional  anti-dumping  measures  ('provisional 
disclosure'), several interested parties made written submissions making their views on 

OJ L 343, 22.12.2009, p. 51.  
OJ L 318, 15.11.2012, p. 10.  
OJ C 44, 16.2.2012, p. 33. 

1. 

(1) 

(2) 

(3) 

2. 

(4) 

2 
3 
4 

EN 

5 

   EN 

                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

the  provisional  findings  known.  The  parties  who  so  requested  were  also  granted  the 
opportunity to be heard.  

The  Commission  continued  to  seek  and  analyse  all  the  information  it  deemed 
necessary for its definitive findings.  

B. 

PRODUCT CONCERNED AND LIKE PRODUCT 

One  interested  party  claimed  that  the  product  they  import  should  not  be  part  of  the 
product  concerned,  since  its  product  had  certain  technical  peculiarities.  These 
malleable  fittings  use  tapered  threads,  contrary  to  the  parallel  threads  of  the  other 
imported malleable fittings. 

However,  the  investigation  has shown that, apart from these technical specifications, 
these  malleable  fittings  have  the  same  physical  and  technical  characteristics  of  the 
other imported malleable fittings. Furthermore, as concerns the use, the investigation 
has  shown  that  the  taper  threaded  fittings  are  used  in  a  similar  way  to  the  other 
imported malleable fittings. Indeed, in one Member State where both types are used, 
they have been found to be interchangeable. The claim was therefore rejected  

One  interested party claimed  that  white-heart malleable  threaded  fittings  can be  sold 
throughout the Union, while black-heart malleable threaded fittings can only be sold in 
the UK, the Republic of Ireland, Malta and Cyprus. Therefore, black-heart and white-
heart malleable threaded fittings do allegedly not compete fully on the Union market. 

However,  the  investigation  has  shown  that  the  majority  of  imports  of  black-heart 
malleable  threaded  fittings  originating  in  the  countries  concerned  go  to  continental 
European countries such as Germany, Italy, Poland or Spain. It is therefore concluded 
that black-heart and white heart malleable threaded fittings fully compete on the Union 
market, and not only in a limited number of Member States. 

(10)  An  importer  reiterated  its  claim  that  bodies  of  compression  fittings  should  not  fall 
under  the  definition  of  the  product  concerned.  That  importer  argued  that  bodies  of 
compression  fittings  have  different  use  and  provided  supporting  evidence  that  the 
thread on the body of compression fittings can be easily distinguished from the thread 
on a standard fitting, because it is done according to a different ISO standard5. After 
considering the evidence that was submitted, it was concluded that the product scope 
should be limited accordingly. 

(11)  Two other interested parties argued for exclusion from the product scope of malleable 
iron  electrical  conduit  fittings  and,  in  particular,  malleable  iron  threaded  circular 
junction  boxes  that  are  a  key  component  of  all  electrical  conduit  tube  and  conduit 
fittings  installations.  They  claimed  that  such  junction  boxes  serve  different  purposes 
(i.e.  containment  and  protection  of  electrical  wiring  systems  as  opposite  to  ensuring 
leak-less  flow  of  gas  or  water  as  in  the  case  of  standard  fittings  investigated  in  this 
proceeding).  They  are  also  easily  distinguishable  from  other  fittings  (rather  than 
having to be absolutely gas or liquid tight they have light lids when assembled into a 
system after importation to allow easy access to cables). After careful consideration of 
those arguments, it was concluded that malleable iron threaded circular junction boxes 
without having a lid should be excluded from the product scope. 

(12) 

In view of the above, it was deemed appropriate to revise the product scope definition 
determined  in  the  provisional  Regulation.  Therefore,  the  product  concerned  is 

5 

Compression fittings use ISO DIN 13 metric threads, while standard threaded fittings usually use ISO 
7/1 and ISO 228/1 threads. 

EN 

6 

   EN 

                                                 
definitively  defined  as  threaded  tube  or  pipe  cast  fittings,  of  malleable  cast  iron, 
currently  falling  within  CN  code  ex  7307  19  10,  excluding  bodies  of  compression 
fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction 
boxes without having a lid. 

(13) 

In the absence of any other comments concerning the product concerned and the like 
product,  the  findings  in  recitals  (17)  to  (21)  and  (23)  to  (28)  to  the  provisional 
Regulation are hereby confirmed. 

C. 

SAMPLING 

(14)  Following  provisional  disclosure,  no  comments  concerning  sampling  of  Union 
producers,  exporting  producers  in  the  PRC  and  unrelated  importers  were  received. 
Consequently, the findings set out in recitals (29) to (31) to the provisional Regulation 
are hereby confirmed.  

1. 

1.1. 

(15) 

1.2. 

(16) 

D.  DUMPING 

People's Republic of China 

Market economy treatment and individual treatment 

In the absence of any comments concerning market economy treatment and individual 
treatment, the provisional findings in recitals (32) to (46) to the provisional Regulation 
are hereby confirmed. 

Analogue country 

In  the  absence  of  any  comments  concerning  the  analogue  country,  the  findings  in 
recitals (47) to (53) to the provisional Regulation are hereby confirmed. 

1.3. 

Normal value, export price, comparison 

(17)  One Chinese exporting producer claimed that the normal value should be calculated on 
the  basis  of  the  domestic  sales  by  the  sole  cooperating  analogue  country  producer, 
even if they are not made in representative quantities as set out in Article 2(2) of the 
basic  Regulation.  The  claim  can  be  accepted  in  the  case  of  an  analogue  country. 
Accordingly,  domestic  sales  in  the  ordinary  course  of  trade  by  the  sole  cooperating 
analogue country producer were used to establish the normal value. 

(18)  The  same  Chinese  exporting  producer  claimed  that  the  dumping  margin  should  be 
established  using  all  export  sales,  and  not  only  for  the  product  types  directly 
comparable  with  the  types  sold  by  the  analogue  country  producer  on  its  domestic 
market. This claim was accepted. For these not directly comparable product types, the 
normal  value  was  based  on  the  arithmetical  average  normal  value  for  the  matching 
product  types,  adjusted  by  the  market  value  of  the  differences  in  the  physical 
characteristics pursuant to Article 2(10)(a) of the basic Regulation. 

(19) 

In the absence of any other comments concerning the normal value, export price and 
comparison,  the  findings  in  recitals  (54),  (59)  to  (61)  and  (64)  to  (67)  to  the 
provisional Regulation are hereby confirmed. 

1.4. 

Dumping margins 

(20)  For  the  sampled  companies,  the  weighted  average  normal  value  of  each  type  of  the 
like  product  established  for  the  analogue  country  was  compared  with  the  weighted 
average export price of the corresponding type of the product concerned, as provided 
for in Articles 2(11) and 2(12) of the basic Regulation. 

EN 

7 

   EN 

(21)  On  this  basis  the  definitive  dumping  margins  expressed  as  a  percentage  of  the  CIF 

Union frontier price, duty unpaid, are as follows: 

Company 

Hebei Jianzhi 

Jinan Meide 

Qingdao Madison 

Dumping Margin 

57,8 % 

40,8 % 

24,6 % 

(22)  The  weighted  average  dumping  margin  of  the  cooperating  exporting  producers  not 
included in the sample was calculated in accordance with the provisions of Article 9(6) 
of the basic Regulation. Accordingly, this margin was established on the basis of the 
margins established for the sampled exporting producers. 

(23)  On this basis, the dumping margin for the cooperating companies not included in the 

sample was established at 41,1 %. 

(24)  With  regard  to  all  other  exporting  producers  in  the  PRC,  the  dumping  margins  were 
established  on  the  basis  of  the  facts  available  in  accordance  with  Article  18  of  the 
basic  Regulation.  To  this  end  the  level  of  cooperation  was  first  established  by 
comparing the volume of exports to the Union reported by the cooperating exporting 
producers with the volume of Chinese exports, as established in recital (51) below. 

(25)  As  the  cooperation  accounted  for  more  than  50  %  of  total  Chinese  exports  to  the 
Union  and  the  industry  can  be  considered  fragmented  due  to  the  high  number  of 
exporting  producers  in  the  PRC,  the  level  of  cooperation  can  be  considered  high. 
Therefore, the residual dumping margin was set at the level of the sampled company 
with the highest dumping margin.  

(26)  On  this  basis  the  definitive  dumping  margins  expressed  as  a  percentage  of  the  CIF 

Union frontier price, duty unpaid, are as follows: 

Company 

Hebei Jianzhi 

Jinan Meide 

Qingdao Madison 

Other cooperating companies 

All other companies 

Indonesia  

Dumping Margin 

57,8 % 

40,8 % 

24,6 % 

41,1 % 

57,8 % 

Normal value, export price and comparison 

In  the  absence  of  any  comments  concerning  normal  value,  export  price  and 
comparison, the findings in recitals (75) to (87) and (91) to the provisional Regulation 
with regard to Indonesia are hereby confirmed. 

2. 

2.1. 

(27) 

EN 

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2.2. 

Dumping margins 

(28)  Given that the level of cooperation was considered high (the volume of exports of the 
sole cooperating Indonesian company represented more than 80 % of total Indonesian 
exports  to  the  Union  during  the  IP),  the  dumping  margin  for  all  other  Indonesian 
exporting producers was set at the same level as for the cooperating company.  

(29)  On this basis the definitive dumping margins for the Indonesian companies expressed 

as a percentage of the CIF Union frontier price, duty unpaid, are as follows: 

Company 

PT. Tri Sinar Purnama 

All other companies 

Dumping Margin 

11,0 % 

11, 0% 

3. 

Thailand  

3.1. 

Normal value, export price and comparison 

(30)  No  comments  were  received  that  would  lead  to  any  change  in  the  methodology 
applied or the actual dumping calculation performed with regard to Thailand. 

(31)  Consequently,  the  findings  in  recitals  (75)  to  (88)  of  the  provisional  Regulation 
concerning  normal  value,  export  price  and  comparison  with  regard  to  Thailand  are 
hereby confirmed. 

3.2. 

Dumping margins 

(32)  A  review  and  fine-tuning  of  the  dumping  calculation  resulted  in  a  slightly  lower 
dumping  margin  of  15,5  %  for  one  of  the  Thai  exporting  producers.  The  dumping 
margin  for  the  other  cooperating  exporting  producer  is  definitively  confirmed  at  the 
provisional level. 

(33)  Given that the level of cooperation was considered high (the volume of exports of the 
two cooperating Thai companies represented more than 80 % of total Thai exports to 
the Union during the IP), the dumping margin for all other Thai exporting producers 
was set at the level of the highest dumping margin of the two cooperating companies.  

(34)  On  this  basis  the  definitive  dumping  margins  for  the  Thai  companies  expressed  as  a 

percentage of the CIF Union frontier price, duty unpaid, are as follows: 

Company 

Dumping Margin 

BIS Pipe Fitting Industry Co., Ltd 

Siam Fittings Co., Ltd 

All other companies 

Union production 

E. 

INJURY 

15,5 % 

50,7 % 

50,7 % 

In the absence of any comments with regard to Union production, recital (94) to the 
provisional  Regulation  is  hereby  confirmed.  It  is  added  that  during  the  period 
considered the like product  was manufactured by three more producers in the Union 

1. 

(35) 

EN 

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2. 

(36) 

(37) 

(38) 

that  ceased  production  between  2008  and  2009,  and  another  producer  which  ceased 
production around the end of the period considered. 

Definition of the Union industry 

Interested parties claimed that both sampled groups of Union producers are importing 
the  product  concerned,  and  should  therefore  pursuant  to  Article  4(1)(a)  not  be 
considered part of the Union industry. 

In  this  respect,  it  was  established  that  both  sampled  groups  of  Union  producers  do 
indeed  import  the  product  concerned.  However,  first,  it  should  be  noted  that  the 
finding  that  a  Union  producer  is  also  an  importer  of  the  product  concerned  does  not 
lead  automatically  to  the  exclusion  of  this  Union  producer  from  the  Union  industry, 
and second, for each of the Union producers, these imports were minor compared to 
the  total  production  and  sales  of  the  groups  of  companies.  It  is  therefore  confirmed 
that both groups of companies are considered part of the Union industry. 

In  addition,  one  interested  party  claimed  that  one  Union  producer  should  not  be 
considered part of the Union industry, since the Union producer is allegedly related to 
an  importer  of  the  product  concerned.  However,  first,  it  should  be  noted  that  the 
finding  of  a  relation  between  a  Union  producer  and  an  exporter  does  not  lead 
automatically  to  the  exclusion  of  this  Union  producer  from  the  Union  industry,  and 
second,  no  evidence  was  provided  that  the  relation  between  the  Union  producer  and 
the  importer,  if  any,  would  meet  the  criteria  of  Article  4(2)  of  the  basic  Regulation. 
Furthermore, the quantities imported by the allegedly related importer are only a small 
fraction of the quantities produced and sold by the allegedly related Union producer. 
Therefore, even if the Union producer and the importer were found related, the Union 
producer would still be considered part of the Union industry. 

(39)  With  regard  to  the  definition  of  the  Union  industry  for  the  purposes  of  the  injury 
assessment,  all  Union  producers  manufacturing  the  like  product  during  the  period 
considered are considered to constitute the Union industry and they will therefore be 
hereafter referred to as the ‘Union industry’ within the meaning of Article 4(1) of the 
basic Regulation. 

3. 

Union consumption 

(40)  One interested party commented on the fact that during the whole period considered, 
the production of the Union industry exceeds its sales. At the same time, a decrease in 
stocks was reported, which is implausible as production exceeding sales should lead to 
an increase in stocks.  

(41) 

It  is  noted  in  this  respect  that  indeed,  while  at  the  provisional  stage  production  and 
stocks were found to have been reported correctly, an error occurred in reporting the 
Union sales of the Union industry and some sales volumes of the non-sampled Union 
producers  were  not  completely  taken  account  of.  This  was  corrected  and  as  a 
consequence, the Union consumption and market shares on the Union market also had 
to be revised accordingly. Due to the shut-down of three Union producers during the 
period  considered  mentioned  in  recital  (113)  to  the  provisional  Regulation,  the 
revision  with  regard  to  the  Union  consumption  has  a  more  significant  impact  at  the 
beginning of the period considered. 

(42)  Union  consumption  significantly  decreased  by  28  %  between  2008  and  2009, 
subsequently  increasing  by  7  percentage  points  to  a  level  of  21  %  below  the 
consumption at the beginning of the period considered. 

EN 

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Union consumption (tonnes) 

2008 

2009 

2010 

IP 

Union 
consumption 

84 270 

60 807 

60 640 

66 493 

Index 

100 

72 

72 

79 

Source: Complaint data, Eurostat and questionnaire replies 

4. 

Imports from the countries concerned 

4.1. 

Cumulative assessment of the effects of the imports concerned 

(43)  With  regard  to  the  volumes  of  the  dumped  imports  from  Indonesia,  it  is  definitively 
confirmed that they constituted only around 2,5 % of all imports of the like product to 
the Union during the IP. Therefore, they can be considered as not constituting a cause 
of  material  injury  to  the  Union  industry  in  the  sense  of  Article  9(3)  of  the  basic 
Regulation or the provisions of the WTO Anti-Dumping Agreement. 

(44) 

In the light of the above, it is definitively decided not to cumulate those imports with 
the dumped imports from the PRC and Thailand. 

(45)  Regarding  the  cumulative  assessment  of  imports  from  the  PRC  and  Thailand  for  the 
purpose  of  the  injury  and  causation  analysis,  interested  parties  claimed  that  Thai 
imports  should  not  be  cumulatively  assessed  with  Chinese  imports  for  a  number  of 
reasons. 

(46)  Firstly, it was argued that the sales quantity of Thai imports is much lower than that of 
Chinese imports, and that the sales quantity of Thai imports is decreasing in absolute 
terms. However, the quantity of Thai imports is not negligible, and therefore sufficient 
to  allow  cumulation.  In  addition,  even  though  the  Thai  imports  are  decreasing  in 
absolute  terms  as  demonstrated  in  the  table  in  recital  (51)  below,  they  were  gaining 
19 %  of  market  share  during  the  period  considered,  as  demonstrated  in  the  table  in 
recital (51) below. 

(47) 

(48) 

4.2. 

In  terms  of  prices,  it  was  argued  that  Thai  imports  are  sold,  on  average,  at  higher 
prices  than  Chinese  imports.  While  this  is  correct,  Thai  imports  are  nevertheless 
significantly  undercutting  Union  industry  prices.  Furthermore,  the  price  difference 
between  Thai  imports  and  Chinese  imports  was  constantly  decreasing  during  the 
period  considered  from  698  EUR/tonne  in  2008  to  472  EUR/tonne  during  the  IP,  as 
shown in the table of recital (108) to the provisional Regulation. 

In the absence of any other claim or comments, the content of recitals (98) to (105) to 
the provisional Regulation is hereby confirmed. 

Volume,  market  share  of  the  dumped  imports  concerned,  their  import  prices  and 
undercutting 

(49)  Some interested parties claimed that the import volumes for the PRC stated in recital 
(106) of the provisional Regulation are too high, as the relevant CN code includes all 
types of malleable cast iron fittings, not only threaded fittings. 

(50) 

In  this  respect,  it  is  noted  that  not  the  full  quantities  reported  in  the  CN  code  were 
presumed to be threaded fittings. The volumes reported in the provisional Regulation 

EN 

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were  already  corrected  downwards,  based  on  information  provided  by  national 
customs authorities. These volumes were in line with the information contained in the 
complaint.  Interested  parties  had  sufficient  time  to  comment  on  this.  However,  no 
information  in  this  regard  was  submitted  by  any  interested  party  either  before  the 
publication  of  the  provisional  Regulation,  nor  within  the  time  limit  granted  for 
submitting  comments  to  the  provisional  Regulation.  The  Chinese  Chamber  of 
Commerce  provided  some  quantified  information  concerning  the  allegedly  correct 
level  of  Chinese  imports  very  late  in  the  procedure,  almost  two  months  after  the 
deadline for submitting comments to the provisional Regulation, which means it was 
provided only almost one year after the initiation of the investigation, when the import 
figures  were  disclosed  for  the  first  time  in  the  non-limited  version  of  the  complaint. 
The  submission  of  this  information  outside  the  deadline  does  not  allow  for  its 
verification through an objective process of examination without unduly extending the 
period of the investigation beyond the overriding 15-month deadline as laid down in 
Article  6(9)  of  the  basic  Regulation.  In  any  case,  this  information  appears  to 
substantially  understate  the  Chinese  import  quantities,  since  it  is  based  on  estimates 
concerning exports of cooperating companies only and could not therefore be regarded 
as accurate. This claim therefore was rejected. 

(51)  However,  a  number  of  importers  provided  information  concerning  their  imports  of 
products other than the product concerned imported under the same  CN  code during 
the  period  considered.  This  information  could  be  taken  into  account,  and  the  import 
volumes from the countries concerned were revised downwards accordingly. 

Union import volume (tonnes) 

2008 

2009 

2010 

IP 

24 180 

20 876 

20 416 

28 894 

100 

3 723 

100 

86 

84 

2 681 

3 331 

72 

89 

119 

3 485 

94 

27 903 

23 558 

23 747 

32 379 

PRC 

Index 

Thailand 

Index 

Two countries 
concerned 

Index 

100 

84 

85 

116 

Source: Complaint data, Eurostat and questionnaire replies 

(52)  As  a  consequence  of  the  issue  concerning  the  Union  sales  of  the  Union  industry 
mentioned in recital (41) above, the market share of the dumped imports from the two 
countries  concerned  had  to  be  revised  as  well.  The  market  share  of  dumped  imports 
from the two countries concerned has increased by 15,6 percentage points from 33,1 % 
to 48,7 % during the period considered. This market share growth took place to a large 
extent between 2010 and the IP, during a period of recovering demand. 

EN 

12 

   EN 

 
Union market share 

2008 

2009 

2010 

IP 

28,7 % 

34,3 % 

33,7 % 

43,5 % 

100 

120 

4,4 % 

4,4 % 

100 

100 

117 

5,5 % 

124 

151 

5,2 % 

119 

33,1 % 

38,7 % 

39,2 % 

48,7 % 

PRC 

Index 

Thailand 

Index 

Two countries 
concerned 

Index 

100 

117 

118 

147 

Source: Complaint data, Eurostat and questionnaire replies 

(53)  One interested party requested the aggregated sales price information by product type 
for  the  Union  industry  should  be  disclosed.  However,  since  the  sample  of  Union 
producers was comprised of only two groups of producers, as indicated in recital (111) 
of  the  provisional  Regulation,  for  confidentiality  reasons  the  actual  aggregated 
information  could  not  be  disclosed.  This  reason  also  applies  to  the  disclosure  of  the 
aggregated sales price by product type. 

(54) 

Interested  parties  claimed  that  the  imports  from  the  countries  concerned  enter  the 
Union at a different level of trade than the goods sold by the Union producers. Indeed, 
it  was  confirmed  that  this  is  the  case,  and  the  Union  industry  and  the  importers 
typically  share  a  substantial  number  of  customers.  The  claim  could  therefore  be 
accepted and an allowance in the form of an adjustment for level of trade was applied. 

(55)  As  a  result  the  undercutting  margins  given  in  recital  (110)  to  the  provisional 
Regulation  were  revised  downwards.  Nevertheless,  the  undercutting  margins  found 
typically  remain  substantial  at  25  %  to  45  %,  with  the  sole  exception  of  one  Thai 
exporter where the undercutting margin found was around 10 %. 

(56) 

5. 

(57) 

5.1. 

(58) 

5.2. 

(59) 

In the absence of any other claim or comments, the content of recitals (108) to (109) to 
the provisional Regulation is hereby confirmed. 

Situation of the Union industry 

In the absence of any claim or comments, recital (111) to the provisional Regulation is 
hereby confirmed. 

Production, production capacity and capacity utilisation 

In  the  absence  of  any  comments  with  regard  to  production,  production  capacity  and 
capacity  utilisation,  recitals  (112)  to  (114)  to  the  provisional  Regulation  are  hereby 
confirmed. 

Stocks 

In the absence of any comments with regard to stocks, recital (115) to the provisional 
Regulation is hereby confirmed. 

EN 

13 

   EN 

 
 
5.3. 

Sales volume and market share 

(60)  As a consequence of the issue mentioned in recital (41) above, the sales volume and 
market share of the Union industry had to be revised as well. The sales volume of all 
Union producers on the Union market significantly decreased by 36 % between 2008 
and 2009 due to a decreasing demand. After 2009, however, the demand in the Union 
increased by around 6 000 tonnes, as mentioned in recital (42) above, but the Union 
sales further decreased by another 5 percentage points or 2 440 tonnes until the end of 
the period considered. 

Union sales volume (tonnes) 

All producers 

2008 

2009 

2010 

IP 

Union sales 

48 823 

31 069 

30 466 

28 629 

Index 

100 

64 

62 

59 

Source: Questionnaire replies sampled Union producers, complaint 

(61)  The  market  share  of  the  Union  industry  continuously  decreased  by  26 %  or 
14,8 percentage points during the period considered, while the dumped imports gained 
15,6 percentage points of market share during the same period, as indicated in recital 
(52) above. 

Union market share 

All producers 

2008 

2009 

2010 

IP 

Market share 

57,9 % 

51,1 % 

50,2 % 

43,1 % 

Index 

100 

88 

87 

74 

Source: Complaint data, Eurostat and questionnaire replies 

(62)  One  interested  party  claimed  that  the  market  shares  in  the  non-domestic  market 
segment in the United Kingdom would show different market shares, with the Union 
industry  holding  a  larger  market  share,  while  the  market  share  of  Chinese  imports 
would be smaller on this particular segment of the Union market. 

(63) 

6. 

(64) 

It may very well be the case that the Union industry holds a higher market share in a 
particular  market  segment  in  a  single  Member  State.  It  is  indeed  normal  that  the 
various economic operators do not have the same market shares in all market segments 
of all Member States. However, the present injury analysis covers the Union market as 
a  whole.  In  this  respect,  it  was  indeed  confirmed  that  the  market  share  of  the  Union 
industry significantly decreased, as explained above. 

Conclusion on injury 

In the absence of any other claim or comments, the content of recitals (118) to (133) to 
the provisional Regulation including the conclusion that  Union  industry has  suffered 
material  injury  within  the  meaning  of  Article  3(5)  of  the  basic  Regulation  is  hereby 
confirmed. 

EN 

14 

   EN 

F. 

CAUSATION 

1. 

Effect of other factors 

1.1. 

Imports from other third countries 

(65)  As  a  consequence  of  the  issue  concerning  the  Union  sales  of  the  Union  industry 
mentioned in recital (41) above, the market share of the other third countries had to be 
revised  as  well.  For  the  other  third  countries,  there  were  limited  imports  throughout 
the  whole  period  considered.  The  total  market  share  of  imports  from  countries  other 
than  the  two  countries  concerned  has  decreased  during  the  period  considered  by 
0,8 percentage points, from 9,0 % to 8,2 %. 

(66)  The next largest sources of imports during the IP were Brazil, Indonesia and Turkey, 
which  held  market  shares  between  1,3  %  and  1,5  %,  and  all  of  these  countries  had 
stable or decreasing market shares during the period considered. 

Import market share 

2008 

3,1 % 

1,5 % 

1,3 % 

3,0 % 

9,0 % 

100 

2009 

3,6 % 

2,4 % 

1,9 % 

2,3 % 

2010 

3,9 % 

1,9 % 

1,8 % 

3,1 % 

10,2 % 

10,6 % 

114 

118 

IP 

1,5 % 

1,5 % 

1,3 % 

3,9 % 

8,2 % 

92 

Brazil 

Indonesia 

Turkey 

Other Countries 

Total 

Index 

Source: Eurostat 

(67)  Due to the limited volumes and the stable trend, it can be concluded that imports from 
third  countries  other  than  the  countries  concerned  have  not  contributed  to  the  injury 
suffered by the Union industry during the IP. 

1.2. 

(68) 

Development of Union consumption 

Interested parties argued that the Union consumption developed negatively due to the 
emeregence  of  substitute  products  manufactured  with  different  materials  other  than 
malleable cast iron, such as plastic, stainless steel, carbon steel and copper, as well as 
new  connection  technologies.  As  a  consequence,  some  Union  producers  have 
broadened  their  product  range,  which  now  also  includes  some  of  these  substitute 
products. 

(69) 

In this respect, it is noted that the substitution effects were addressed in recital (146) to 
the  provisional  Regulation.  These  substitution  effects  had  a  negative  impact  on  the 
Union  consumption,  which  as  a  consequence  had  an  effect  on  production  and  sales 
volume of the Union producers. 

(70)  However, as already indicated in the provisional Regulation, the injurious effect of the 
shrinking  Union  consumption  was  aggravated  by  the  steady  increase  of  dumped 
imports which gained 15,6 percentage points of market share in a shrinking market. As 
indicated  in  recital  (60)  above,  the  demand  in  the  Union  increased  by  around  6 000 
tonnes  between  2009  and  the  IP,  but  the  Union  industry's  sales  further  decreased  by 
another 2 440 tonnes until the end of the period considered in a recovering market. 

EN 

15 

   EN 

 
(71)  On  the  basis  of  the  above,  it  is  concluded  that  the  negative  development  of  Union 
consumption  does  not  break  the  causal  link  between  the  dumped  imports  and  the 
injury suffered by the Union industry. 

1.3. 

(72) 

Decrease in production capacity not due to dumped imports 

Interested  parties  claimed  that  the  decrease  in  the  Union  production  capacity 
mentioned  in  recital  (113)  to  the  provisional  Regulation  is  due  to  the  shutdown  of 
three  Union  producers  between  2008  and  2009  due  to  the  economic  crisis.  This 
decrease  can  therefore  allegedly  not  be  attributed  to  imports  from  the  countries 
concerned. 

(73) 

In  this  respect,  it  is  pointed  out  that  it  was  already  mentioned  in  recital  (113)  to  the 
provisional  Regulation  that  the  main  reason  for  the  reduction  of  the  production 
capacity was the shutdown of three Union producers. 

(74)  However, the shutdown of the three Union producers cannot only be seen as an effect 
of  decreasing  demand.  During  the  period  considered,  the  shrinking  Union  market 
referred  to  in  recital  (42)  above  has  been  subject  to  continuously  increasing  imports 
from the countries concerned, which gained 15,6 percentage points of market share, as 
explained  in  recital  (52)  above.  It  is  therefore  clear  that  not  only  the  decreasing 
demand has contributed to the shutdown of three Union producers and thereby to the 
decrease  of  the  production  capacity  of  the  Union  industry.  There  is  also  a  clear  link 
between the decrease in the Union production capacity and the increasing market share 
of dumped imports. 

1.4. 

(75) 

1.5. 

(76) 

Imports of the product concerned by Union producers 

Interested  parties  claimed  that  the  injury  suffered  by  Union  producers  was  self-
inflicted,  as  they  allegedly  imported  significant  quantities  of  the  product  concerned. 
This  claim  was  not  supported  by  the  findings  of  the  investigation.  Information 
supplied by both the Union producers and the cooperating exporters showed that, for 
each of the sampled groups of Union producers, these imports were minor compared 
to  their  total  production  and  sales  of  own-produced  goods  as  already  indicated  in 
recital (37) above. Given the insignificance of the volumes of imports of the product 
concerned  by  the  Union  industry,  it  was  concluded  that  those  imports  did  not 
contribute to the injury suffered by the Union industry. Consequently, the claim was 
rejected.  

Use of 2008 as a starting year  

Interested  parties  claimed  that  the  deteriorating  trend  of  the  EU  industry  is  largely 
based  on  the  use  of  2008  as  a  reference  point  for  the  period  considered.  Allegedly, 
2008  was  an  exceptionally  good  year  for  the  Union  industry.  However,  information 
included in the complaint suggests that the situation of the EU industry in 2007 was 
similar or better than the situation in 2008. It is therefore concluded that the finding of 
injury does not depend on the use of 2008 as a starting year. 

2. 

Conclusion on causation 

(77)  Account taken  of  the above and in  the absence of any other claim or comments, the 

content of recitals (134) to (153) to the provisional Regulation is hereby confirmed. 

(78) 

In conclusion, it is confirmed that the material injury of the Union industry, which is 
characterised  by  decreasing  profitability,  production  volumes,  capacity  utilisation, 
sales volumes and market share was caused by the dumped imports concerned. Indeed, 

EN 

16 

   EN 

the  effect  of  decreasing  demand  on  the  Union  industry's  negative  developments  in 
terms of production capacity, production and sales was limited. 

(79)  Given the above analysis, which has properly distinguished and separated the effects 
of  all  the  known  factors  on  the  situation  of  the  Union  Industry  from  the  injurious 
effects of the dumped imports, it is hereby confirmed that these other factors as such 
do  not  reverse  the  fact  that  the  assessed  injury  must  be  attributed  to  the  dumped 
imports. 

G. 

UNION INTEREST 

(80) 

In the absence of any comments, recitals (154) to (164) to the provisional Regulation, 
including  the  conclusion  that  no  compelling  reasons  exist  against  the  imposition  of 
measures on the dumped imports from the countries concerned are hereby confirmed.  

1. 

Injury elimination level 

H. 

DEFINITIVE MEASURES 

(81)  The  injury  elimination  levels  were  adjusted  to  take  into  account  the  level  of  trade 
adjustment made in the calculation of undercutting as set out in recitals (54) and (55) 
above.  In  the  absence  of  any  other  specific  comments,  recitals  (165)  to  (170)  to  the 
provisional Regulation are hereby confirmed. 

2. 

(82) 

Definitive measures 

In  view  of  the  conclusions  reached  with  regard  to  dumping,  injury,  causation  and 
Union  interest,  and  in  accordance  with  Article  9  of  the  basic  Regulation,  it  is 
considered  that  a  definitive  anti-dumping  duty  should  be  imposed  on  imports  of  the 
product  concerned  originating  in  the  People's  Republic  of China  and  Thailand  at  the 
level of the lowest of the dumping and injury margins found, in accordance with the 
lesser duty rule, which is in all, but one, cases the dumping margin. 

(83)  Given the high level of cooperation of the Chinese and Thai exporting producers, the 
‘all other companies’ duty for both countries was set at the level of the highest duty to 
be  imposed  on  the  companies,  respectively,  sampled  or  cooperating  in  the 
investigation  from  the  respective  country.  The  ‘all  other  companies’  duty  will  be 
applied  to  those  companies  that  had  not  cooperated  in  the  investigation  and  to 
companies that have not had exports of the product concerned to the Union during the 
IP. 

(84)  For  the  cooperating  non-sampled  Chinese  companies  listed  in  the  Annex  to  this 
Regulation,  the  definitive  duty  rate  is  set  at  the  weighted  average  of  the  rates  of  the 
sampled companies. 

EN 

17 

   EN 

(85)  The rates of the definitive anti-dumping duties are as follows: 

People's Republic of China 

Company 

Hebei Jianzhi Casting Group 
Ltd. 

Dumping 
margin 

57,8 % 

Jinan Meide Casting Co., Ltd. 

40,8 % 

Qingdao Madison Industrial 
Co., Ltd. 

24,6 % 

Injury 
margin 

96,1 % 

84,4 % 

89,4 % 

Other cooperating companies 

41,1 % 

86,3 % 

All other companies 

Thailand 

Company 

BIS Pipe Fitting Industry Co., 
Ltd 

Dumping 
margin 

15,5 % 

Injury 
margin 

43,1 % 

Siam Fittings Co., Ltd 

50,7 % 

14,9 % 

All other companies 

Duty Rate 

57,8 % 

40,8 % 

24,6 % 

41,1 % 

57,8 % 

Duty Rate 

15,5 % 

14,9 % 

15,5 % 

(86)  The  individual  company  anti-dumping  duty  rates  specified  in  this  Regulation  were 
established  on  the  basis  of  the  findings  of  the  present  investigation.  Therefore,  they 
reflect  the  situation  found  during  this  investigation  with  respect  to  these  companies. 
These  duty  rates  (as  opposed  to  the  country-wide  duty  applicable  to  ‘all  other 
companies’)  are  thus  exclusively  applicable  to  imports  of  product  concerned 
originating in the PRC and Thailand and produced by the companies and thus by the 
specific legal entities mentioned. Imported product concerned produced by any other 
company  not  specifically  mentioned  in  the  operative  part  of  this  Regulation  with  its 
name  and  address,  including  entities  related  to  those  specifically  mentioned,  cannot 
benefit  from  these  rates  and  shall  be  subject  to  the  duty  rate  applicable  to  ‘all  other 
companies’. 

(87)  Any claim requesting the application of an individual company anti-dumping duty rate 
(e.g. following a change in the name of the entity or following the setting up of new 
production or sales entities) should be addressed to the Commission6 forthwith with all 
relevant information, in particular any modification in the company’s activities linked 
to  production,  domestic  and  export  sales  associated  with,  for  example,  that  name 
change  or  that  change  in  the  production  and  sales  entities.  If  appropriate,  the 

6 

European  Commission,  Directorate-General  for  Trade,  Directorate  H,  Office  N105,  1049  Brussels, 
BELGIUM. 

EN 

18 

   EN 

 
 
 
 
 
                                                 
Regulation  will  then  be  amended  accordingly  by  updating  the  list  of  companies 
benefiting from individual duty rates. 

(88)  With regard to the PRC, in order to ensure equal treatment between any new exporters 
and the cooperating companies not included in the sample, provision should be made 
for  the  weighted  average  duty  imposed  on  the  latter  companies  to  be  applied  to  any 
new exporters which would otherwise be entitled to a review pursuant to Article 11(4) 
of the basic Regulation as that Article does not apply where sampling has been used. 

(89)  All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 
which it was intended to recommend the imposition of a definitive anti-dumping duty 
on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in 
the  People's  Republic  of  China  and  Thailand,  and  the  definitive  collection  of  the 
amounts  secured  by  way  of  the  provisional  duty  ('final  disclosure').  They  were  also 
granted  a  period  within  which  they  could  make  representations  subsequent  to  this 
disclosure. 

(90)  Given that following the final disclosure no new arguments that would influence the 
outcome of the assessment of the case were brought forward, no modification of the 
findings as detailed above is warranted. 

I. 

UNDERTAKING 

(91)  One  cooperating  Thai  exporting  producer  offered  a  price  undertaking  in  accordance 
with Article 8(1) of the basic Regulation. However, the product concerned exists in a 
multitude  of  product  types  (the  exporting  producer  reported  over  900  product  types 
sold to the EU), for which prices vary significantly (by up to 200 % within the most 
sold  types  but  some  less  sold  product  types  may  be  even  10  times  as  expensive  as 
others),  thus  posing  a  very  high  risk  of  cross-compensation.  In  addition,  the  product 
types may evolve in design and finishing. It was therefore considered that the product 
is not  suitable for a  price  undertaking. Also, it has been the Commissions consistent 
practice  during  the  last  years  not  to  accept  undertakings  in  cases  where  the  product 
exists in such a multitude of types. Consequently, the undertaking offer was rejected. 

J. 

DEFINITIVE COLLECTION OF THE PROVISIONAL DUTY 

(92) 

In  view  of  the  magnitude  of  the  dumping  margin  found  and  given  the  level  of  the 
injury  caused  to  the  Union  industry,  it  is  considered  necessary  that  the  amounts 
secured  by  way  of  a  provisional  anti-dumping  duty  imposed  by  the  provisional 
Regulation should be definitively collected. Where the definitive duties are higher than 
the  provisional  duties,  only  the  amounts  secured  at  the  level  of  provisional  duties 
should be definitively collected, while the amounts secured in excess of the definitive 
rate of anti-dumping duties should be released.  

(93)  As bodies of compression fittings using ISO DIN 13 metric thread and malleable iron 
threaded  circular  junction  boxes  without  having  a  lid  are  now  excluded  from  the 
product scope (see recitals (8) and (11) above), the amounts provisionally secured on 
imports  of  bodies  of  compression  fittings  using  ISO  DIN  13  metric  thread  and 
malleable  iron  threaded  circular  junction  boxes  without  having  a  lid  should  be 
released.  

K. 

TERMINATION OF THE PROCEEDING WITH REGARD TO INDONESIA 

(94)  As explained in recital (43) above, the volumes of the dumped imports from Indonesia 
can be considered as not constituting a cause of material injury to the Union industry. 

EN 

19 

   EN 

Consequently, it is considered that protective measures are not necessary and that the 
proceeding with regard to Indonesia should be terminated.  

(95)  All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 

which it was intended to recommend the termination and no objections were raised, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  threaded  tube  or 
pipe  cast  fittings,  of  malleable  cast  iron,  excluding  bodies  of  compression  fittings 
using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes 
without having a lid, currently falling within CN code ex 7307 19 10 (TARIC code 
7307 19 10 10) and originating in the People's Republic of China and Thailand. 

The  rate  of  the  definitive  anti-dumping  duty  applicable  to  the  net  free-at-Union-
frontier price, before duty, of the product described in paragraph 1 and manufactured 
by the companies listed below, shall be as follows: 

Country 

Company 

People's 
Republic of 
China 

Hebei Jianzhi Casting Group Ltd. - 
Yutian County 

Duty Rate 

TARIC additional 
code 

57,8 % 

B335 

Jinan Meide Casting Co., Ltd. - Jinan 

40,8 % 

Qingdao Madison Industrial Co., Ltd. -
Qingdao 

Hebei XinJia Casting Co., Ltd. - 
XuShui County 

Shijiazhuang Donghuan Malleable Iron 
Castings Co., Ltd. – Xizhaotong Town 

Linyi Oriental Pipe Fittings Co., Ltd. - 
Linyi City  

China Shanxi Taigu County Jingu Cast 
Co., Ltd. - Taigu County 

Yutian Yongli Casting Factory Co., Ltd. 
– Yutian County 

Langfang Pannext Pipe Fitting Co., Ltd. 
- LangFang, Hebei 

Tangshan Daocheng Casting Co., Ltd. -
Hongqiao Town, Yutian County 

Tangshan Fangyuan Malleable Steel 
Co., Ltd. – Tangshan 

Taigu Tongde Casting Co., Ltd. – 
Nanyang Village, Taigu 

24,6 % 

41,1 % 

41,1 % 

41,1 % 

41,1 % 

41,1 % 

41,1 % 

41,1 % 

41,1 % 

41,1 % 

B336 

B337 

B338 

B339 

B340 

B341 

B342 

B343 

B344 

B345 

B346 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
All other companies 

Thailand  

BIS  Pipe  Fitting  Industry  Co.,  Ltd  - 
Samutsakorn 

57,8 % 

15,5 % 

Siam Fittings Co., Ltd - Samutsakorn 

14,9 % 

All other companies 

15,5 % 

B999 

B347 

B348 

B999 

3. 

1. 

2. 

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

Article 2 

Amounts  secured  by  way  of  provisional  anti-dumping  duties  pursuant 
to 
Commission Regulation (EU) No 1071/2012 on imports of threaded tube or pipe cast 
fittings,  of  malleable  cast  iron,  excluding  bodies  of  compression  fittings  using  ISO 
DIN  13  metric  thread  and  malleable  iron  threaded  circular  junction  boxes  without 
having a lid, currently falling within CN code ex 7307 19 10 (TARIC code 7307 19 
10  10)  and  originating  in  the  People's  Republic  of  China  and  Thailand,  shall  be 
definitively  collected.  The  amounts  secured  in  excess  of  the  rates  of  the  definitive 
anti-dumping duties shall be released. 

The  amounts  secured  by  way  of  provisional  anti-dumping  duties  pursuant  to 
Commission  Regulation  (EU)  No  1071/2012  on  imports  of  bodies  of  compression 
fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction 
boxes  without  having  a  lid  and  originating  in  the  People's  Republic  of  China  and 
Thailand, shall be released. 

Article 3 

Where  any  new  exporting  producer  in  the  People’s  Republic  of  China  provides  sufficient 
evidence to the Commission that:  

– 

– 

– 

it  did  not  export  to  the  Union  the  product  described  in  Article  1(1)  during  the 
investigation period (1 January 2011 – 31 December 2011),  

it  is  not  related  to  any  of  the  exporters  or  producers  in  the  People’s  Republic  of 
China which are subject to the measures imposed by this Regulation,  

it  has  actually  exported  to  the  Union  the  product  concerned  after  the  investigation 
period  on  which  the  measures  are  based,  or  it  has  entered  into  an  irrevocable 
contractual obligation to export a significant quantity to the Union,  

Article  1(2)  may  be  amended  by  adding  the  new  exporting  producer  to  the  cooperating 
companies not included in the sample and thus subject to the weighted average duty rate of 
41,1 %. 

The  anti-dumping  proceeding  concerning  imports  of  threaded  tube  or  pipe  cast  fittings,  of 
malleable  cast  iron,  currently  falling  within  CN  code  ex  7307  19  10  and  originating  in 
Indonesia is hereby terminated. 

Article 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 5 

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

Done at Brussels,  

For the Council 
The President 

EN 

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