CELEX: 52012PC0731
Language: en
Date: 2012-12-07
Title: Proposal for a COUNCIL REGULATION amending Implementing Regulation (EU) No 585/2012 imposing a definitive anti-dumping duty on imports of certain seamless steel pipes, of iron or steel, originating, inter alia, in Russia, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009

|
			
		
		
		52012PC0731
		
			Proposal for a COUNCIL REGULATION amending Implementing Regulation (EU) No 585/2012 imposing a definitive anti-dumping duty on imports of certain seamless steel pipes, of iron or steel, originating, inter alia, in Russia, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 /* COM/2012/0731 final - 2012/0345 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
 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 certain seamless pipes and tubes, of iron or steel, originating, inter alia, in Russia. 
   || 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, in particular, Article 11(3) thereof. 
   || Existing provisions in the area of the proposal The measures currently in force were imposed by Council Implementing Regulation (EU) No 585/2012 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009, and terminating the expiry review proceeding concerning imports of certain seamless pipes and tubes, of iron or steel, originating in Croatia. 
   || Consistency with the other policies and objectives of the Union Not applicable. 
 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 foresee a general impact assessment but contains an exhaustive list of conditions that have to be assessed. 
 Legal elements of the proposal 
   || Summary of the proposed action On 14 October 2011 the Commission initiated, upon a request from the Russian producer TMK, a partial interm review of the anti-dumping measures applicable to imports of certain seamless pipes and tubes, of iron or steel originating in Russia. The attached proposal for a Council Regulation is based on findings that the level of anti-dumping duties currently imposed on imports of certain seamless pipes and tubes, of iron or steel, manufactured by the company group TMK should be increased in order to eliminate injurious dumping and that the changed circumstances leading to the higher dumping margin are of a lasting nature. It is therefore proposed that the Council adopt the attached proposal for a regulation amending the anti-dumping duty currently in force on imports of certain seamless pipes and tubes, of iron or steel from the producers OAO Volzhsky Pipe Plant, OAO Taganrog Metallurgical Works, OAO Sinarsky Pipe Plant and OAO Seversky Tube Works belonging to the TMK Group. 
   || 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 11(3) 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 reasons: 
   || The form of action is described in the above-mentioned basic Regulation and leaves no scope for national decision. 
   || Indication of how the 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: The above-mentioned basic Regulation does not foresee alternative options. 
 Budgetary implication 
   || The proposal has no implication for the Union budget. 
2012/0345 (NLE)
Proposal for a
COUNCIL REGULATION
amending Implementing Regulation (EU) No
585/2012 imposing a definitive anti-dumping duty on imports of certain seamless
steel pipes, of iron or steel, originating, inter alia, in Russia, following a
partial interim review pursuant to Article 11(3) of Regulation (EC) No
1225/2009
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 Community[1]
('the basic Regulation’), and in particular Article 9(4) and Article 11(3), (5)
and (6) thereof,
Having regard to the proposal submitted by
the European Commission ('the Commission') after consulting the Advisory
Committee,
Whereas:
1.           PROCEDURE
1.1.        Measures
in force
(1)       By Regulation (EC) No
954/2006[2]
the Council, following an investigation ('the original investigation'), imposed
a definitive anti-dumping duty on imports of certain seamless pipes and tubes,
of iron or steel, originating in Croatia, Romania, Russia and Ukraine. The measures consisted of an ad valorem anti-dumping
duty of 24.1 % imposed on imports from individually named exporting producers
in Russia, with a residual duty rate of 35.8 % on imports from all other
companies in Russia. The definitive anti-dumping duty imposed on the group
subject to the current review investigation, OAO TMK ('the TMK Group' or 'the
applicant') composed of OAO Volzhsky Pipe Plant, OAO
Taganrog Metallurgical Works, OAO Sinarsky Pipe Plant and OAO Seversky Tube
Works was 35.8%, i.e. the residual duty. 
(2)       By Regulation (EC) No
812/2008[3]
the Council, following the initiation of an interim review requested by the TMK
Group pursuant to Article 11 (3) of the basic Regulation ('the review
investigation'), amended the definitive anti-dumping duty on imports of certain
seamless pipes and tubes, of iron or steel, to 27.2% for the TMK Group.
(3)       By Implementing Regulation
(EU) No 585/2012[4]
the Council, following an expiry review ('the expiry review investigation'),
maintained the measures imposed by Council Regulation (EC) No 954/2006 on
imports of seamless pipes and tubes, of iron or steel, originating in Russia
and Ukraine.
(4)       Accordingly, the measures
currently in force are those imposed by Implementing Regulation (EU) No
585/2012. The TMK Group composed of OAO Volzhsky Pipe Plant, OAO Taganrog
Metallurgical Works, OAO Sinarsky Pipe Plant and OAO Seversky Tube Works is
subject to an anti-dumping duty of 27.2%. 
1.2.        Initiation of a partial
interim review
(5)       On 14 October 2011, the
Commission announced by a notice published in the Official Journal of the
European Union ('notice of initiation')[5]
the initiation of a partial interim review pursuant to Article 11(3) of the
basic Regulation of the anti-dumping measures applicable to imports of certain
seamless pipes and tubes, of iron or steel, originating in Russia.
(6)       The review, which is
limited in scope to the examination of dumping, was initiated following a
substantiated request lodged by the TMK Group. In the request the applicant
provided prima facie evidence that the continued imposition of the
measures at the current level is no longer necessary to offset injurious
dumping. 
1.3.        Parties concerned
(7)       The Commission officially
informed the applicant, the authorities of the exporting country and the Union
industry of the initiation of the partial interim review. Interested parties
were given the opportunity to make their views known in writing and to request
a hearing within the time-limit set out in the notice of initiation.
(8)       In order to obtain the
information necessary for its investigation the Commission sent a questionnaire
to the applicant, which responded within the given deadline. 
(9)       The Commission sought and
verified all information it deemed necessary for the purpose of determining the
level of dumping. Verification visits were carried out at the premises of the
applicant and at its related trading companies ZAO TMK Trade House (Moscow),
TMK Warehouse Complex LLC (Lytkaryno), TMK
Europe GmbH (Cologne), TMK Italia s.r.l. (Lecco) and TMK Global S.A. (Geneva).
1.4.        Review investigation period
(10)     The investigation of the
level of dumping covered the period from 1 October 2010 to 30 September 2011 ('the
review investigation period' or 'RIP').
2.           PRODUCT CONCERNED AND LIKE
PRODUCT
2.1.        Product concerned
(11)     The
product concerned is the same as that defined in Implementing Regulation (EU)
No 585/2012 which imposed the measures currently in force, i.e. seamless
pipes and tubes of iron or steel , of circular cross-section, of an external
diameter not exceeding 406,4 mm with a Carbon Equivalent Value (CEV) not
exceeding 0,86 according to the International Institute of Welding (IIW)
formula and chemical analysis[6],
currently falling within CN codes ex 7304 11 00, ex 7304 19 10, ex 7304 19 30,
ex 7304 22 00, ex 7304 23 00, ex 7304 24 00, ex 7304 29 10, ex 7304 29 30, ex
7304 31 80, ex 7304 39 58, ex 7304 39 92, ex 7304 39 93, ex 7304 51 89, ex 7304
59 92 and ex 7304 59 93, originating in Russia ('the product concerned' or
'SPT').
2.2.        Like product
(12)     As
established in the original investigation as well as in the expiry review
investigation, the current investigation confirmed that the product produced in
Russia and exported to the Union, the product produced and sold on the domestic
market of Russia, and the product produced and sold in the Union by the Union
producers have the same basic physical and technical characteristics and end
uses. These products are therefore considered to be alike within the meaning of
Article 1(4) of the basic Regulation.
3.           DUMPING
3.1.        Dumping of imports during
the RIP 
3.1.1.     Normal value
(13)     Sales
on the domestic market were made via the related companies, ZAO TMK Trade House
and TMK Warehouse, which resold SPT to independent customers in Russia.
(14)     In accordance with Article
2(2) of the basic Regulation it was first examined whether each of the
exporting producers' total volume of domestic sales of the like product to
independent customers was representative in comparison with its total volume of
export sales to the Union, i.e. whether the total volume of such sales
represented at least 5% of the total volume of export sales of the product
concerned to the Union. The examination established
that the domestic sales were representative for all exporting producers. 
(15)     It was further examined
whether each product type of the like product sold by the exporting producers
on its domestic market were sufficiently representative for the purposes of
Article 2(2) of the basic Regulation. Domestic sales of a particular product
type were considered sufficiently representative when the total volume of that
product type sold by the applicant on the domestic market to independent
customers during the RIP represented at least 5% of its total sales volume of
the comparable product type exported to the Union. 
(16)     In
accordance with Article 2(4) of the basic Regulation it was subsequently
examined whether the domestic sales of each product type that had been sold in
representative quantities could be regarded as being made in the ordinary
course of trade. This was done by establishing the proportion of profitable
domestic sales to independent customers on the domestic market for each exported
type of the product concerned during the RIP.
(17)     For
those product types where more than 80% by volume of sales on the domestic
market of the product type were above cost and the weighted average sales price
of that type was equal to or above the unit cost of production, normal value,
by product type, was calculated as the weighted average of the actual domestic
prices of all sales of the type in question, irrespective of whether those
sales were profitable or not. 
(18)     Where the volume of
profitable sales of a product type represented 80% or less of the total sales
volume of that type, or where the weighted average price of that type was below
the unit cost of production, normal value was based on the actual domestic
price, which was calculated as a weighted average price of only the profitable
domestic sales of that type made during the RIP. 
(19)     The normal value for the
non-representative types (i.e. those of which domestic sales constituted less
than 5% of export sales to the Union or were not sold at all in the domestic
market) was calculated on the basis of the cost of manufacturing per product
type plus an amount for selling, general and administrative costs and for
profits. In case of existing domestic sales, the profit of transactions in the
ordinary course of trade on the domestic market per product type for the
product types concerned was used. In case of no domestic sales, an average
profit was used. 
(20)     With regard to
manufacturing costs, and in particular energy costs, as far as gas is concerned,
it was examined whether the gas prices paid by the exporting producers
reasonably reflected the costs associated with the production and distribution
of gas.
(21)     It
was found that the domestic gas price paid by the exporting producers was
around one third of the export price of natural gas from Russia. In this
regard, all available data indicates that domestic gas prices in Russia are
regulated prices, which are far below market prices paid in unregulated markets
for natural gas. Therefore, since gas costs were not reasonably reflected in
the exporting producers’ records as provided for in Article 2(5) of the basic
Regulation, they had to be adjusted accordingly. In the absence of any
sufficiently representative, undistorted gas prices relating to the Russian
domestic market, it was considered appropriate to base the adjustment, in
accordance with Article 2(5), on the basis of information from other
representative markets. The adjusted price was based on the average price of
Russian gas when sold for export at the German/Czech border (Waidhaus),
adjusted for local distribution costs. Waidhaus, being the main hub for Russian
gas sales to the EU, which is both the largest market for Russian gas and has
prices reasonably reflecting costs, can be considered a representative market
within the meaning of Article 2(5) of the basic Regulation.
(22)     After disclosure, the TMK
Group argued that the gas price adjustment was contrary to Article 2(5) of the
Basic Regulation and 2.2.1.1 of the WTO AD Agreement. As mentioned in recital (21),
it was found that the domestic gas price paid by the TMK Group was around one
third of the export price of natural gas from Russia. Therefore, since gas
costs were not reasonably reflected in the exporting producers’ records as
provided for in Article 2(5) of the basic Regulation, they had to be adjusted
accordingly. The claim made by the TMK Group was considered to be
unsubtantiated and in the absence of any evidence, it was rejected.
3.1.2.     Export price
(23)     It should be noted that some export quantities of the
product concerned had not been reported by the TMK Group as they considered
that these SPT did not fall within the scope of the investigation. Samples in
the form of cross-sections cuts of the product allegedly falling outside the
product scope before and after further processing were shown to the Commission
services during the on spot verification visits which however cannot be
regarded as conclusive evidence.
(24)     Having examined the issue,
it was considered that these SPT fall within the product scope. The
corresponding export transactions were therefore taken into account in the
dumping calculation. 
(25)     During a hearing chaired by
the Hearing Officer on November 9, 2012, the TMK group stated that it wished to
address mainly the classification issue, raised in the disclosure document,
which in their view resulted in an increase of their dumping margin from circa
13-14%. The TMK group expressed some surprise regarding the fact that these
products were considered as falling within the scope of the investigation and
reiterated that these exported quantities had not been reported on the grounds
that these products were "blanks" (also named "hollows")
and not pipes, and thus, in their opinion, did not fall within the product
scope. They further indicated that in fact, this matter had been addressed very
concisely by the Commission services in the course of the verification visit.
In this regard, it should be noted that the TMK Group itself indicated in one
submission dated 31 August 2012, that "the question of whether or not
"hollows" falling under CN code 7304 5910 should be included within
the scope of the investigation has been extensively addressed in the course of
the investigation". In fact, both the European Steel Tube Association ('ESTA')
and the TMK group have had ample opportunity to comment on this issue on
several occasions. Furthermore, it should be noted that the Commission services
requested TMK's related importers to fill in the Annex to the questionnaire and
verified the information received during an on-spot verification visit in order
to collect all relevant information. The statement that this matter was very "concisely"
addressed by the Commission services during the investigation and these
products had been considered to be part of the product scope was incorrect and
was therefore rejected. 
(26)     The TMK Group further
indicated that the inclusion of these export quantities was illegal and unjustified
as the Commission services failed to demonstrate that the pipes were not "unworked"
and the conclusions that these "blanks" were
"semi-finished" (or partially worked) products were ill-founded. 
(27)     First
it is recalled that the products covered by CN codes 7304 3910 and 7304 5910 are
"tubes, pipes and hollow profiles"
seamless, of iron (other than cast iron) or steel, "unworked, straigth
and of uniform wall thickness, for use solely in the manufacture of tubes and
pipes with other cross sections and wall thicknesses". The Explanatory
Note to subheadings 7304 3910 and 7304 5910 states that they include “seamless
steel tubes usually obtained by piercing and hot-rolling or by piercing and hot
drawing; they are usually called ‘blanks’. They are intended to be transformed
into tubes of other shapes and wall thickness with more reduced dimensional
tolerances. They are presented with the ends roughly cut off and deburred but
are otherwise unfinished. Their exterior and interior surfaces are rough and
not descaled. They are not oiled, zinc-coated or painted”. After
consideration of the arguments put forward by the TMK Group and ESTA, it is considered
that based on the various documents collected during the on-spot verification
visits (customer purchase order and specifications, intercompany contracts,
invoices issued by related importers, description of the standard ISO 9809-1) these
tubes are indeed "semi-finished" in the sense that they have to
correspond to certain requirements and specifications such as "top
quality SS hot finished tubes for cylinders, in steel type 34CrMo4 subject to
UNI EN 10083-1 and DIN 1629 "annealed coarse" and "smooth at
ends", of the dimensions specified in the purchase order."
Furthermore, other requirements which are listed in the customer purchase order
and specifications such as "ultrasonic testing for feasible defects,
thickness control, ovalization and straightness" also point to further
processing of these tubes, which is not the case for so-called 'blanks'.
(28)     The TMK Group claimed that
the features of 'annealed coarse' and 'smooth at ends' are not among the
criteria listed in the text of the relevant CN codes and the Explanatory Note
to determine whether a pipe is 'unworked'. In this respect, it must be noted
that heading texts and relevant Explanatory notes do not always contain an
exhaustive list of all the features of the products covered. In relation to
products such as those in question, which partake of the characteristics of
different kinds of goods, classification depends on the most important features
of the imported goods. Therefore, while noting that these features are not
among the criteria listed in the text of the relevant CN codes and the
Explanatory Note, they remain important elements in assessing whether or not
product types can be considered to be 'unworked' and thus within the scope of
CN codes 7304 39 10 and 7304 59 10.
(29)     The TMK group also claimed
that these tubes were not annealed as they were not heat treated as indicated
in the mill test certificates. In this regard, it should be noted that the
purchase specifications of the customer contain contradictory information as
they mention heat treatment of the product. Reference to these purchase
specifications is made on other documents such as the manufacturer declaration
issued by the TMK Group and the specification to the contracts signed by the
TMK Group and its unrelated customer. 
(30)     It was further noted that
in the above-mentioned intercompany contracts provided by the TMK Group during
the on-spot verification, these products were initially classified in a
different CN code (under measures) and were changed to a CN code not under
measures (including during the IP), although, based on the information
available, there were no changes to the customer purchase order and product specifications.
The TMK Group argued that this change in the CN code was irrelevant as what
matters under the applicable customs classification rules are the objective
characteristics of the goods at the time of their importation to the EU. While
the objective characteristics of the goods at the time of their importation to
the EU are an important element, it is not denied by the TMK Group that they
classified the product types as falling under measures before changing that
classification even without any change in the product specifications. This is
considered to be one of the elements that leads to the conclusion that the
concerned product types fall within the scope of the investigation.
(31)     It was also noted that the
unrelated customer's purchase specifications clearly refered to 'semi finished'
products rather than 'blanks' or 'hollows'. On this latter point, TMK argued
that it is totally irrelevant for customs classification purposes how the
product is described by a purchaser. In reply to this, it must be stated that
the description of the product by the purchaser has some value in the sense
that the purchaser is obviously aware of the product requirements at the time
of order. To say, therefore, that the purchaser's description is 'totally
irrelevant' is doubtful. 
(32)     In conclusion, the semi-finished
seamless steel tubes produced with heat treatment purchased for the purpose of
producing such cylinders have to correspond to very detailed
technical/quality/dimensional requirements. These features are clearly not
corresponding with the notion of "unworked" as mentioned in the Explanatory
Notes to CN 7304 3910 and 7304 5910 and therefore, the comments made by the TMK
Group regarding the alleged wrong interpretation of the term
"unworked" by the Commission had to be rejected. 
(33)     Contrary to several previous
statements, the TMK group also argued that these products sold to an unrelated
customer were not solely destined for the same application i.e. the production
of cylinders, but could also be transformed in so-called "precision
pipes". The group stated that the unrelated customer first transforms
blanks into cold rolled pipes (or precision pipes) which are then processed
into gas cylinders. It should be noted that this element is not only contradictory
to what was stated by the TMK group in previous submissions and to what was
found in the documents collected during the verification visits.
Notwithstanding the above, it should be noted that this additional allegation was
new, was submitted at a late stage and was not substantiated by evidence. In addition,
the group submitted evidence that allegedly showed that the unrelated customer
also sold precision pipes. While noting that this evidence was submitted very
late in the investigation, it was also noted that the evidence related to a
period long after the end of the RIP and that the documents related to possible
sales of any types (or sections) of cold rolled products (pipes). These
arguments were therefore rejected.
(34)     The majority of exports of
the product concerned by the the exporting producers to the Union were made to
independent customers in the Union through two related trading companies, i.e.
TMK Europe GmbH located in Germany and TMK Italia s.r.l. located in Italy. The
export price for the above-mentioned exports was established on the basis of
export prices actually paid or payable in accordance with Article 2(9) of the
basic Regulation, i.e. using the resale prices actually paid or payable to the
related company by the first independent buyer in the Union in the RIP,
adjusted for all costs incurred between importation and resale and for profits.
(35)     Some limited quantities
were exported directly to independent customers in the Union. The export price
for these quantities was established on the basis of export prices actually
paid or payable in accordance with Article 2(8) of the basic Regulation.
3.1.3.     Comparison
(36)     The
normal value and the export price of the exporting producers were compared on
an ex-works basis. For the purpose of ensuring a fair comparison between the
normal value and export price, due allowance in the form of adjustments was
made for differences affecting prices and price comparability in accordance
with Article 2(10) of the basic Regulation. On this
basis, adjustments were made in respect of packaging, transport costs, credit
costs and anti-dumping duties.
(37)     The TMK Group requested
that certain characteristics pertaining to steel grade, threading type and
coating of SPT be taken into account in order to ensure a fair comparison
between SPT sold domestically and for export. 
(38)     The Defence Committee of
the Seamless Steel Tube Industry of the European Union ('ESTA') claimed that any request to change the product definition or the
methodology used in the original investigation or subsequent review was in
breach of Article 11(9) of the basic Regulation and should be disregarded. 
(39)     In
this regard, the investigation revealed that the request made by the TMK Group
did not affect the product definition but rather allowed the identification of
additional characteristics which ensure a fair comparison of SPT sharing the
same features. Further, it was found that these
additional characteristics affected prices and price comparability.
(40)     On the basis of the above,
it was considered that the request was warranted and the above mentioned
characteristics were therefore taken into account.
(41)     The
TMK Group claimed that, in accordance with Article 11(10) of the basic
Regulation, the duties paid on DDP ('delivered duty paid') transactions should
not be deducted in order to construct export price. It claims that, in
comparison with the last full 12-month period prior to the imposition of
anti-dumping duties on TMK’s exports of SPT to the EU (01.07.2005 – 30.06.2006
or 'reference period'), the duty was duly reflected in the prices charged in
the RIP and the subsequent selling prices in the Union. 
(42)     In
this regard, it was found that the DDP prices charged to the first unrelated
customers did not cover costs let alone the anti-dumping duties; i.e. these
transactions were overall loss making. It is further noted that, even though
prices for similar products increased by ca. 30% since the reference period,
the price of raw materials which account on average for more than 50% of the
cost of manufacturing increased by more than 70% over the same period. On the
basis of the above, it is considered that no conclusive evidence was provided
to show that the duty is duly reflected in the prices charged.
(43)     It is also noted that, even
if one were to accept that the duty is reflected in the subsequent selling
prices (quod non), Article 11(10) of the basic Regulation requires that
resale prices and subsequent selling prices both reflect the duty. 
(44)     After disclosure, the TMK
Group continued to object to the deduction of the duties from the export prices
and further argued that the gas cost adjustment made resulted in losses, which
in its view, were certainly of a lower magnitude, without providing however any
further evidence. The TMK Group maintained its view that the fact that ex-works
export prices should be above the costs of production was legally flawed and
reiterated that the criteria to be examined was only whether anti-dumping
duties paid were duly reflected in the resale price charged by its unrelated
customers which purchased on a DDP basis. However, since the DDP prices charged
to the first unrelated customers did not cover the costs, let alone the
anti-dumping duties, even without the gas adjustment and since the price of raw
materials which account on average for more than 50% of the cost of manufacturing
increased by more than 70% over the same period as mentioned in recital (41)
above, it is considered that the TMK Group has not provided conclusive evidence
showing that the duty was duly reflected in the prices charged or subsequent
selling prices.
(45)     On
the basis of the above, this claim had to be rejected.
3.1.4.     Dumping margin
(46)     Pursuant to Article 2(11)
and (12) of the basic Regulation, the weighted average normal value was
compared with the weighted average export price per product type on an ex-work
basis separately for each of the exporting producers. One common dumping margin
is established for the TMK Group by calculating a single weighted average rate
of dumping for the exporting producers within the TMK Group.
(47)     On this basis the dumping
margin, expressed as an percentage of the CIF Union frontier price, duty
unpaid, was 29.6%. Following disclosure, the TMK group pointed to some clerical
errors in the dumping calculations for two of its production entities. These clerical
errors were corrected and the weighted average dumping margin found for the TMK
Group is 28.7% instead of 29.6%.
(48)     It is noted that this
dumping margin is, contrary to the prima facie evidence provided in the review
request, higher than the existing duty applicable to imports from the TMK
Group. The increase results from a number of factors: firstly, the evidence
provided in the review request only related to certain transactions of one of
the three exporting producers. Some of these transactions were found not to
relate to the product concerned. Secondly, during the course of the
investigation, as mentioned in recital (23) above, some export transactions of
the product concerned had not been reported by the group. Finally, the group's
claim in regard to duty as a cost (see recitals (40) to (44)) was rejected. The
combination of these elements, together with other elements verified during the
course of the investigation, resulted in an increase in the dumping margin.
4.           LASTING NATURE OF CHANGED
CIRCUMSTANCES
(49)     In accordance with Article
11(3) of the basic Regulation, it was examined whether the changed
circumstances regarding dumping could reasonably be considered to be of a
lasting nature. 
(50)     TMK
Group indicated in its review request that there were changed circumstances of
a lasting nature as it had made significant changes in its internal structure
and substantial improvements to its production equipment which had a direct
impact on its cost structure.
(51)     The investigation revealed
that the TMK Group had indeed made significant investments that lead to
efficiency gains and increased capacity. However, given the increase in raw
material prices and the evolution of the product mix towards more added-value
products, a decrease of production cost could not be ascertained. The
improvements referred to in recital (49) were found to be of structural nature
and to be unlikely to change in the near future.
(52)     In addition, the
development of export prices to non-EU countries in the RIP and to the EU after
the RIP was also considered. It was found that exports to non-EU countries of
identical products were made at comparable price levels as the export sales to
the EU in the same period. As far as the period after the RIP is concerned, it
was found they were made at slightly higher prices than in the RIP, which is in
line with international price level evolution. There was thus no indication
that the export prices would fluctuate considerably in the foreseeable future.
5.           AMENDMENT OF THE ANTI-DUMPING
MEASURES
(53)     In the light of the results
of the investigation, it is considered appropriate to amend the anti-dumping
duty applicable to imports of the product concerned from the TMK Group to 28.7%
. The amended anti-dumping duty should be set at the level of the dumping
margin found, as it is lower than the injury margin established in the original
investigation. 
(54)     Interested parties were
informed of the essential facts and considerations on the basis of which it was
intended to recommend an amendment of Implementing Regulation (EU) No 585/2012
and were given an opportunity to comment.
HAS
ADOPTED THIS REGULATION:
Article 1
The entry concerning OAO Volzhsky Pipe
Plant, OAO Taganrog Metallurgical Works,
OAO Sinarsky Pipe Plant and OAO Seversky Tube Works in the table of Article
1(2) of Implementing Regulation (EU) No 585/2012 is hereby replaced by the
following:
 OAO Volzhsky Pipe Plant, OAO Taganrog Metallurgical Works, OAO Sinarsky Pipe Plant and OAO Seversky Tube Works || 28.7% || A859 
Article 2
This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 343, 22.12.2009, p. 51.
[2]               OJ L 175, 29.6.2006, p. 4. 
[3]               OJ L 220, 15.8.2008, p. 1. 
[4]               OJ L 174, 4.7.2012, p. 5.
[5]               OJ C 303, 14.10.2011, p. 11.
[6]               The CEV shall be determined in accordance with
Technical Report, 1967, IIW doc. IX-555-67, published by the International
Institute of Welding (IIW)