L_2012318EN.01001001.xml
| 15.11.2012 | EN | Official Journal of the European Union | L 318/10 |
COMMISSION REGULATION (EU) No 1071/2012
of 14 November 2012
imposing 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
THE EUROPEAN COMMISSION,
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 7 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Initiation
| (1) | On 16 February 2012, the European Commission (the Commission) announced, by a notice published in the Official Journal of the European Union (2) (Notice of Initiation), the initiation of an anti-dumping proceeding with regard to imports into the Union of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People's Republic of China (the PRC), Thailand and Indonesia (the countries concerned). |
| (2) | The proceeding was initiated as a result of 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‧). The complaint contained prima facie evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation. |
2. Parties concerned by the proceeding
| (3) | The Commission officially advised the complainant, the Union producers, the exporting producers, unrelated importers, users and the representatives of the exporting countries of the initiation of the investigation. The Commission also advised producers in Argentina as it was envisaged as a possible analogue country. Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the Notice of Initiation. |
| (4) | All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
| (5) | In view of the large number of exporting producers in the PRC, Union producers and unrelated importers, sampling was envisaged in the Notice of Initiation in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, all exporting producers in the PRC, Union producers and unrelated importers were asked to make themselves known to the Commission and to provide, as specified in the Notice of Initiation, basic information on their activities related to threaded malleable fittings (as defined in Section B Below) for the period from 1.1.2011 to 31.12.2011. No sampling was envisaged for the exporting producers in the other two countries concerned, Thailand and Indonesia. |
| (6) | In order to allow exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the exporting producers in the PRC known to be concerned and to the Chinese authorities. Two companies requested MET pursuant to Article 2(7) of the basic Regulation, and four companies requested IT pursuant to Article 9(5) of the basic Regulation. |
| (7) | The Commission officially disclosed the MET findings to the exporting producers concerned in the PRC, the Chinese authorities and the complainant. They were also given an opportunity to make their views known in writing. |
| (8) | As regards the Union producers and as duly explained in recital (29) below, six Union producers provided the requested information and agreed to be included in a sample. On the basis of the information received from the cooperating Union producers, the Commission selected a sample of three Union producers on the basis of their sales volume. |
| (9) | As explained in recital (31) below, 33 unrelated importers provided the requested information and agreed to be included in the sample. On the basis of the information received from these parties, the Commission selected a sample of nine importers having the largest volume of imports to the Union and their geographic location in the Union. As one importer did not submit a questionnaire reply, the final sample consisted of the remaining eight importers. |
| (10) | As explained in recital (30) below, 12 exporting producers in the PRC provided the requested information and agreed to be included in the sample. On the basis of the information received from these parties, the Commission selected a sample of three exporting producers in the PRC having the largest volume of exports to the Union. |
| (11) | The Commission sent questionnaires to the three sampled Union producers, the three sampled Chinese exporting producers, three Thai exporting producers, three Indonesian exporting producers, nine sampled unrelated importers and seven users. |
| (12) | Questionnaire replies were received from three sampled Union producers, three Chinese exporting producers, two Thai exporting producers, one Indonesian exporting producer and eight unrelated importers. None of the users submitted a questionnaire reply. |
| (13) | The Commission sought and verified all the information deemed necessary for a provisional determination of dumping, resulting injury and Union interest. Verification visits were carried out at the premises of the following companies:
| (a) | Union producers
| — | ATUSA Accesorios de Tuberia S.A., Salvatierra (Alava), Spain |
| — | Berg Montana Fittings EAD, Montana, Bulgaria |
| — | Georg Fischer Fittings GmbH, Traisen, Austria | |
| (b) | Exporting producers in the PRC
| — | Hebei Jianzhi Casting Group Ltd., Yutian County, Hebei, PRC |
| — | Jinan Meide Casting Co., Ltd., Pingyin, Shandong, PRC |
| — | Qingdao Madison Industrial Co., Ltd., Jimo, Shandong, PRC | |
| (c) | Exporting producers in Thailand
| — | Siam Fittings Co., Ltd., Samutsakorn, Thailand; |
| — | BIS Pipe Fitting Industry Co., Ltd, Samutsakorn, Thailand | |
| (d) | Exporting producer in Indonesia
| — | PT. Tri Sinar Purnama, Semarang, Indonesia | |
| (e) | Unrelated importers in the Union
| — | Crane Limited, Ipswich, United Kingdom |
| — | GEBO Armaturen GmbH, Schwelm, Germany |
| — | Hitachi Metals Europe GmbH, Düsseldorf, Germany |
| — | MegaGroup Trade Holding B.V., Veghel, the Netherlands |
| — | Raccorditalia s.r.l., Brugherio(MB), Italy | | |
| (14) | In view of the need to establish a normal value for the exporting producers in the PRC in case MET is not granted to them, a verification to establish normal value on the basis of data from India as analogue country took place at the premises of the following company:
| — | Jainson Industries, Jalandhar, Punjab, India | |
3. Investigation period and period considered
| (15) | The investigation of dumping and injury covered the period from 1.1.2011 to 31.12.2011 (‘the investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 2008 to the end of the investigation period (the period considered). |
B. PRODUCT CONCERNED AND LIKE PRODUCT
1. Product concerned
| (16) | The product concerned as described in the Notice of Initiation is threaded tube or pipe cast fittings, of malleable cast iron (‘the product concerned’), currently falling within CN code ex 7307 19 10. |
| (17) | The main input raw materials are metal scrap, coke/electricity, sand (for moulding) and zinc (for galvanisation). The first step of the manufacturing process is the melting of metal scrap in cupolas. This is followed by the moulding process and the casting of the various shapes which are then separated into single pieces. The products have to go through a lengthy annealing process to ensure that they are sufficiently malleable to be used in applications where e.g. shock and vibration resistance are required and to withstand quick temperature changes. Subsequently, fittings can be galvanized, if needed. Then the threading of the products takes place. |
| (18) | Threaded malleable fittings are used for connecting two or more pipes or tubes, connecting a pipe to an apparatus, changing the direction of a fluid flow, or closing a pipe. Threaded malleable fittings are mainly used in the gas, water and heating systems of residential and non-residential buildings. They are also used in the pipe systems of oil refineries. Malleable fittings are available in many configurations, the most common being 90-degree elbows, tees, couplings, crosses, and unions. They are produced in both black (non-galvanized) and galvanized form. |
2. Like product
| (19) | The product concerned and the product produced and sold on the domestic market of the PRC, Thailand and Indonesia, and on the domestic market of India, which served as an analogue country, as well as the product manufactured and sold in the Union by the Union industry were found to have the same basic physical and technical characteristics. They are therefore provisionally considered as alike within the meaning of Article 1(4) of the basic Regulation (the like product). |
| (20) | Several claims have been submitted in respect of the product scope, mostly by importers but also by |
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