Council Regulation (EC) No 2238/2000 of 9 October 2000 amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community

Council Regulation (EC) No 2238/2000
of 9 October 2000
amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By Regulation (EC) No 384/96(1) the Council adopted common rules for protection against dumped imports from countries which are not members of the European Community.
(2) Article 2(7) of Regulation (EC) No 384/96 lays down that, in the case of imports from non-market-economy countries and, in particular, those listed in a footnote to that provision, normal value shall, inter alia, be determined on the basis of the price or constructed value in an analogous market-economy third country.
(3) Article 2(7) of Regulation (EC) No 384/96 further lays down that, in the case of imports from the Russian Federation and the People's Republic of China, normal value may be determined in accordance with the rules applicable to market-economy countries in cases where it can be shown that market conditions prevail for one or more producers subject to investigation in relation to the manufacture and sale of the product concerned.
(4) The process of reform in the Ukraine, Vietnam and Kazakhstan has fundamentally altered the economies of those countries and has led to the emergence of firms for which market-economy conditions prevail. These three countries have as a result moved away from the economic circumstances which inspired the use of the analogue-country method.
(5) It is appropriate to revise the Community's anti-dumping practice in order to be able to take account of the changed economic conditions in the Ukraine, Vietnam and Kazakhstan.
(6) It is also appropriate to grant similar treatment to imports from such countries which are members of the World Trade Organisation (WTO) at the date of the initiation of the relevant anti-dumping investigation,