Council Regulation (EC) No 763/2000 of 10 April 2000 extending the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters

• Published date: 14 April 2000
• Subject Matter: Dumping,Commercial policy
• Official Gazette Publication: Official Journal of the European Communities, L 94, 14 April 2000

|

Council Regulation (EC) No 763/2000 of 10 April 2000 extending the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters

Official Journal L 094 , 14/04/2000 P. 0001 - 0005

Council Regulation (EC) No 763/2000

of 10 April 2000

extending the definitive anti-dumping duty, imposed by Regulation (EC) No 584/96 on imports of certain tube and pipe fittings, of iron or steel, originating in the People's Republic of China to imports of certain tube and pipe fittings, of iron or steel, consigned from Taiwan, whether declared as originating in Taiwan or not, and terminating the investigation in respect of imports from three Taiwanese exporters

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), and in particular Article 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A. PROCEDURE

1. Existing measures

(1) By Regulation (EC) No 584/96(2) (hereinafter referred to as "the definitive Regulation") the Council imposed an anti-dumping duty of 58,6 % on imports of tube and pipe fittings, of iron or steel, (hereinafter referred to as "fittings") originating in the People's Republic of China (hereinafter referred to as "the PRC").

2. Request

(2) On 10 June 1999, the Commission received a request, pursuant to Article 13(3) of Regulation (EC) No 384/96 (hereinafter referred to as "the Basic Regulation"), from the Defence Committee of the EC steel butt-welding fittings industry. This request was submitted on behalf of Community producers of fittings, whose collective output is known to represent about 90 % of the total Community production of fittings.

(3) The request alleged the existence of circumvention of the anti-dumping duties imposed by the definitive Regulation on imports of fittings originating in the PRC. According to the request, the circumvention practice consisted of transhipment of fittings originating in the PRC via Taiwan to the Community.

3. Initiation

(4) By Regulation (EC) No 1683/1999(3) the Commission initiated an investigation and directed, pursuant to Articles 13(3) and 14(5) of the Basic Regulation, the customs authorities to register imports of fittings consigned from Taiwan as of 31 July 1999. The Commission advised the authorities of the PRC and Taiwan of the initiation of the investigation.

4. Investigation period

(5) The investigation covered the period from 1 July 1998 to 30 June 1999 (hereinafter referred to as the "IP").

5. Collection of data from interested parties

(6) Questionnaires were sent to Community importers as well as exporters located in the PRC and Taiwan which were mentioned in the request, exporters known from the original investigation and other interested parties who came forward within the prescribed time limit. Replies to the questionnaires were received from six unrelated importers and three Taiwanese exporters. The Commission carried out verification visits at the premises of the following companies:

Unrelated importer:

- Tubos y Calibrados de Cataluña SA, Barcelona, Spain.

Taiwanese exporters:

- Nian Hong Pipe Fittings Co., Ltd, Kaohsiung, Taiwan

- Rigid Industries Co., Ltd, Kaohsiung, Taiwan

- Chup Hsin Enterprise Co. Ltd, Kaohsiung, Taiwan.

B. RESULTS OF THE INVESTIGATION

1. General considerations/degree of cooperation

(7) The request of the Community industry alleged that there has been a change in the pattern of trade following the imposition of anti-dumping duties on imports of fittings into the Community from the PRC through an increase of Taiwanese exports. The Community industry also alleged that the remedial effects of the anti-dumping duty on imports from the PRC have been undermined both in terms of quantities and prices and that there is evidence of dumping in relation with the normal value established in the previous investigation.

(8) The purpose of the investigation was to examine whether anti-dumping measures on imports of fittings originating in the PRC were being circumvented by imports of the same product originating in this country and transhipped, without undergoing substantial transformation, through Taiwan in accordance with Article 13(1), second sentence of the Basic Regulation.

(9) No cooperation was received from producers or exporters of fittings in...