Commission Implementing Regulation (EU) 2019/262 of 14 February 2019 amending Council Implementing Regulation (EU) No 430/2013 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 of Signature: 14 February 2019
• Published date: 15 February 2019
• Official Gazette Publication: Official Journal of the European Union, L 44, 15 February 2019
• Subject Matter: dumping

15.2.2019 EN Official Journal of the European Union L 44/6

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COMMISSION IMPLEMENTING REGULATION (EU) 2019/262

of 14 February 2019

amending Council Implementing Regulation (EU) No 430/2013 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 EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 9(4) thereof,

Whereas:

(1) By Implementing Regulation (EU) No 430/2013 (2), the Council imposed a definitive anti-dumping duty at rates ranging from 14,9 % to 57,8 % 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 Combined Nomenclature (‘CN’) code ex 7307 19 10 (TARIC code 7307191010) and originating in the People's Republic of China and Thailand.

(2) By judgment of 12 July 2018 in Joined Cases C-397/17 and C-398/17, Profit Europe (3), the Court of Justice held that the CN must be interpreted as meaning that the cast tube or pipe fittings of spheroidal graphite cast iron must be classified under the residual subheading 7307 19 90 as other cast fittings, rather than under subheading 7307 11 10 as fittings of non-malleable cast iron, or under CN subheading 7307 19 10 as fittings of malleable cast iron.

(3) Following that judgment, the Explanatory Notes to the Combined Nomenclature to CN code 7307 19 10 were modified, removing fittings of spheroidal graphite cast iron from that CN code.

(4) Commission Regulation (EU) No 1071/2012 (4), imposing a provisional anti-dumping on imports of threaded tube or pipe cast fittings, of malleable cast iron, explicitly referred to the classification of threaded tube or pipe cast fittings of spheroidal graphite cast iron (also known as ductile cast iron) under CN code 7307 19 10. Implementing Regulation (EU) No 430/2013 continues to

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