Regulation 2009/91 - Definitive anti-dumping duty on imports of certain iron or steel fasteners from China - Main contents
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official title
Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/91 |
| Original proposal | COM(2008)901  |
| CELEX number i | 32009R0091 |
| Document | 26-01-2009 |
|---|---|
| Publication in Official Journal | 31-01-2009; OJ L 29, 31.1.2009,Special edition in Croatian: Chapter 11 Volume 082 |
| Effect | 01-02-2009; Entry into force Date pub. + 1 See Art 3 |
| End of validity | 05-05-2020 |
31.1.2009 |
EN |
Official Journal of the European Union |
L 29/1 |
COUNCIL REGULATION (EC) No 91/2009
of 26 January 2009
imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China
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) (the basic Regulation), and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Initiation
(1) |
On 26 September 2007, the Commission received a complaint lodged pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (the basic Regulation) by the European Industrial Fasteners Institute (EIFI, the complainant) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of certain iron or steel fasteners. |
(2) |
This complaint contained evidence of dumping of certain iron or steel fasteners from the People's Republic of China (PRC) and of material injury resulting therefrom, which was considered sufficient to justify the opening of a proceeding. |
(3) |
On 9 November 2007, the proceeding was initiated by the publication of a notice of initiation (2) in the Official Journal of the European Union (the Notice of Initiation). |
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2.Non-imposition of provisional measures
(4) |
Given the need to further examine certain aspects of the investigation, it was decided to continue the investigation without the imposition of provisional measures on imports of certain iron or steel fasteners from the PRC. |
(5) |
On 4 August 2008, all interested parties were provided with an information document detailing the preliminary findings of the investigation at that stage of the investigation (the information document) and inviting the parties to comment on those findings. |
(6) |
Subsequent to that date, the investigation was continued with regard to, inter alia, Community interest aspects and a detailed analysis of the product scope/product comparability carried out, as it had been disputed by various interested parties. |
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3.Parties concerned by the proceeding
(7) |
The complainant Community producers, other Community producers, the exporting producers, the importers, users, associations known to be concerned and representatives of the government of the PRC were officially advised of the initiation of the proceeding. 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. |
(8) |
A number of interested parties made their views known in writing, in particular concerning the choice of analogue country, the type and quality differences between Chinese fasteners and those produced and sold by the Community producers, standing of the complainants and injury and Community interest aspects. Moreover, all interested parties who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
(9) |
All interested parties (Community producers, Community importers and Chinese exporting producers) that had made submissions regarding the product scope attended an adversarial meeting organised in accordance with Article 6(6) of the basic Regulation under the auspices of the Hearing Officer on 18 September 2008 (adversarial... |
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