Commission Decision of 19 January 2006 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2006/109/EC)
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Address https://gelex.eu/eli/EU/decision/2006/109@2006-01-19/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
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 (the basic Regulation), and in particular Article 8 thereof,
After consulting the Advisory Committee,
Whereas: PROCEDURE
(1) The Council, by Regulation (EC) No 1212/2005 (the definitive Regulation), imposed definitive anti-dumping duties on imports into the Community of certain castings originating in the People’s Republic of China (PRC).
(2) Upon publication of the definitive Regulation, no undertakings could be accepted by the Commission. During the investigation leading to the imposition of definitive measures several exporting producers had indicated their intention to offer a price undertaking but they had failed to submit sufficiently substantiated undertaking offers within the deadlines set in Article 8(2) of the basic Regulation. Nevertheless, as set out in recital 152 of the definitive Regulation, the Council, in view of the complexity of the issue for the economic operators in question (predominantly small and medium-sized enterprises) and given that the definitive disclosure was not preceded by a provisional disclosure, considered that they should exceptionally be allowed to complete their undertaking offers beyond the said deadline.
UNDERTAKING
(3) Subsequent to the abovementioned deadline, the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) together with 20 cooperating Chinese companies or cooperating groups of companies, including the related importer of one of the groups (the companies) offered a joint undertaking. The undertaking stipulates that a breach by any of the companies or the CCCME shall be considered as a breach of the undertaking by all signatories. However, given that the resales of the related importer in the Community are not under the aegis of the CCCME, any violation by that related importer or its related exporters in the PRC shall be considered as a breach only from that particular group. The undertaking offer was supported by the Chinese authorities.
(4) According to this undertaking, the CCCME and the companies undertake to ensure that the product concerned is exported at or above a minimum price set at a level that eliminates the injurious effects of dumping. In addition, the offer made foresees the indexation of the minimum price of the product concerned in accordance with public international quotations for its main raw material, i.e. pig iron, given that the casting prices vary significantly depending on the prices of pig iron.
(5) In view of the foregoing, the Commission considers that the joint undertaking offered by the CCCME and the companies can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which the CCCME and the companies undertook to provide to the Commission will allow effective monitoring, and it is considered that the risk of circumvention of the undertaking is limited.
(6) In order to enable the Commission to monitor effectively the compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex to Council Regulation (EC) 268/2006. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty established in the above-mentioned Regulation will instead be payable.
(7) To further ensure the effective respect of the undertaking, the importers have been made aware by the above Council Regulation that any violation of the undertaking may lead to the retrospective application of the anti-dumping duty for the relevant transaction.
(8) In the event of a breach or withdrawal of the undertaking, or in case of a withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,
HAS DECIDED AS FOLLOWS:
Article 1
The undertaking offered by China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) and the cooperating producers mentioned in the table, in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China is hereby accepted. Company Taric additional code Beijing Tongzhou Dadusche Foundry Factory, East of Dongtianyang Village, Dadushe, Tongzhou Beijing A708 Botou City Simencun Town Bai Fo Tang Casting Factory, Bai Fo Tang Village, Si Men Cun Town, Bo Tou City, 062159, Hebei Province A681 Botou City Wangwu Town Tianlong Casting Factory, Changle Village, Wangwu Town, Botou City, Hebei Province A709 Changan Cast Limited Company of Yixian Hebei, Taiyuan main street, Yi County, Hebei Province, 074200 A683 Changsha Jinlong Foundry Industry Co., Ltd, 260 Jinchang Road, JinJing Town, Changsha, Hunan A710 Changsha Lianhu Foundry, Lianhu Village, Yuhuating Town, Yuhua District, Changsha, Hunan A711 Manufactured and sold by GB Metal Products Co., Ltd, Zhuanlu Town, Dingzhou, Hebei or manufactured by GB Metal Products Co., Ltd, Zhuanlu Town, Dingzhou, Hebei and sold by its related sales company GB International Trading Shanghai Co., Ltd, B301-310 Yinhai Building, 250 Cao Xi Road, Shanghai A712 Guiyang Bada Foundry Co., Ltd, Mengguan Huaxi Guiyang, Guizhou A713 Hebei Jize Xian Ma Gang Cast Factory, Nankai District. Xiao Zhai Town, Jize County, Handan City, Hebei A714 Manufactured and sold by Hebei Shunda Foundry Co., Ltd, Qufu Road, Quyang, 073100, PRC or manufactured by Hebei Shunda Foundry Co., Ltd, Qufu Road, Quyang, 073100, PRC and sold by its related sales company Success Cast Tech-Ltd, 603A Huimei Business Centre 83 Guangzhou Dadao(s), Guangzhou 510300 A715 Hong Guang Handan Cast Foundry Co., Ltd, Nankai District, Xiao Zhai Town, Handou City, Jize County, Hebei A716 Manufactured by (i) Zibo Benito Metalwork Co., Ltd, No 1, Shitanwu, Boyi Road, Boshan District, Zibo City, Shandong, 255201, (ii) Benito (Tianjin) Metals Products Co., Ltd, Da Lu Zhuang Village, Bei Zha Kou Town, Jin Nan District, Tianjin or (iii) Qingdao Benito Metals Products Co. Ltd, Yan Jia Ling Village, Tong Ji Jie Dao Office, Jimo City, Qingdao, Shandong Province and exclusively imported by Fundició Dúctil Benito, Via Ausetania, 11, E-08560 Manlleu, Barcelona, Spain A717 Qingdao Qitao Casting Co., Ltd, Nan Wang Jia Zhuang Village, Da Xin Town, Jimo City, Qingdao, Shandong Province, 266200 A718 Shandong Huijin Stock Co., Ltd, North of Kouzhen Town, Laiwu City, Shandong Province, 271114 A684 Shane City Fangyuan Casting Co., Ltd, West of Nango Village, Shiliting Town, Shane City, Hebei Province A719 Shanxi Yuansheng Casting and Forging Industrial Co., Ltd, No 8 DiZangAn, Taiyuan, Shanxi, 030002 A680 Tianjin Fu Xing Da Casting Co., Ltd, West of Nan Yang Cun Village, Jin Nan District, 300350, Tianjin A720 Weifang Jianhua Casting Co., Ltd, Kai Yuan Jie Dao Office, Hanting District, Weifang City, Shandong Province A721 Zibo City Boshan Guangyuan Casting Machinery Factory, Xiangyang Village, Badou Town, Boshan District, Zibo City Shandong Province A722 Zibo Dehua Machinery Co., Ltd, North of Lanyan Street, Zibo High-tech Developing Zone A723
Article 2
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
Done at Brussels, 19 January 2006. For the Commission Peter Mandelson Member of the Commission
Versions
Cited by
- Commission Decision of 11 June 2008 amending Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People's Republic of China (2008/437/EC) Decision · Grade B
The Commission, by Decision 2006/109/EC, accepted a price undertaking from, inter alia, the Benito Group, including Fundició Dúctil Benito, S.L. (Spain), Benito France, S.A.R.L, Zibo Benito Metalwork Co. Ltd, Benito (Tianjin) Metals Products Co. Ltd, and Qingdao Benito Metals Products Co. Ltd (Benito Group or the companies).
- Commission Decision of 11 June 2008 amending Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People's Republic of China (2008/437/EC) Decision · Grade B
AMENDMENT OF DECISION 2006/109/EC
- Commission Decision of 11 June 2008 amending Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People's Republic of China (2008/437/EC) Decision · Grade B
The table of Article 1 in Decision 2006/109/EC is replaced by the following table: Company Taric Additional Code Beijing Tongzhou Dadusche Foundry Factory, East of Dongtianyang Village, Dadushe, Tongzhou Beijing A708 Botou City Simencun Town Bai Fo Tang Casting Factory, Bai Fo Tang Village, Si Men Cun Town, Bo Tou City, 062159, Hebei Province A681 Botou City Wangwu Town Tianlong Casting Factory, Changle Village, Wangwu Town, Botou City, Hebei Province A709 Changan Cast Limited Company of Yixian Hebei, Taiyuan main street, Yi County, Hebei Province, 074200 A683 Changsha Jinlong Foundry Industry
- Commission Decision of 13 July 2010 repealing Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/389/EU) Decision · Grade B
The Commission, by Decision 2006/109/EC accepted a joint price undertaking (the undertaking) from the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) together with 20 cooperating Chinese companies or cooperating groups of companies (the companies). This Decision was last amended by Commission Decision 2010/177/EU.
- Commission Decision of 13 July 2010 repealing Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/389/EU) Decision · Grade B
In addition, Decision 2006/109/EC stipulates that a breach by any of the companies or the CCCME shall be considered as a breach of the undertaking by all signatories. The undertaking further stipulates that any breach or suspected breach of any provision of the undertaking shall lead to acceptance of the undertaking being withdrawn for all companies, regardless of the level of materiality of the breach.
- Commission Decision of 13 July 2010 repealing Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/389/EU) Decision · Grade B
In view of the above, the acceptance of the undertaking should be withdrawn and Decision 2006/109/EC should be repealed. Accordingly, the definitive anti-dumping duties imposed by Article 1(2) of Regulation (EC) No 1212/2005 on imports of the product concerned produced by the companies should apply,
- Commission Decision of 13 July 2010 repealing Decision 2006/109/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/389/EU) Decision · Grade B
Decision 2006/109/EC is hereby repealed.
- Council Regulation (EC) No 268/2006 of 14 February 2006 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China Regulation · Grade B
The Commission by Decision 2006/109/EC, accepted the undertaking offer. The Decision sets out in more detail the reasons for accepting this undertaking. The Council recognises that the undertaking offer eliminates the injurious effect of dumping and limits to a sufficient degree the risk of circumvention.
- Council Regulation (EC) No 268/2006 of 14 February 2006 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China Regulation · Grade B
Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Commission Decision 2006/109/EC, as from time to time amended shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:
- Council Regulation (EC) No 268/2006 of 14 February 2006 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China Regulation · Grade B
The name of the company mentioned in Article 1 of the Commission Decision 2006/109/EC accepting the undertaking issuing the commercial invoice.
- Council Regulation (EC) No 268/2006 of 14 February 2006 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China Regulation · Grade B
The name of the official of the company that has issued the invoice and the following signed declaration: I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by (COMPANY), and accepted by the European Commission through Decision 2006/109/EC, I declare that the information provided in this invoice is complete and correct.
- Council Regulation (EC) No 500/2009 of 11 June 2009 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China Regulation · Grade B
By Regulation (EC) No 1212/2005 the Council imposed definitive anti-dumping duties on imports of certain castings originating in the People’s Republic of China (PRC) (definitive measures Regulation). Individual duty rates ranged from 0 % to 37,9 %, and the residual duty level was set at 47,8 %. A joint undertaking offer was accepted from a number of companies together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCME) by Commission Decision 2006/109/EC and Council Regulation (EC) No 268/2006. In view of several new exporting producer requests,
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
The Commission, by Decision 2006/109/EC accepted a joint price undertaking from the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) together with 20 cooperating Chinese companies or cooperating groups of companies. This Decision was amended by Commission Decision 2008/437/EC.
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
With regard to the undertaking offer submitted by CCCME together with Handan, XianXian and Weifang, it is noted that they are identical to the collective undertaking offer accepted by Decision 2006/109/EC and thus the CCCME and the three exporting producers undertake to ensure that the product concerned is exported at or above a minimum import price (MIP) set at a level that eliminates the injurious effect of dumping. It is recalled that the undertaking includes the indexation of the minimum import price of the product concerned in accordance with public international quotations for its main r
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
With regard to the separate undertaking offered by Norlong, it should be recalled that the original undertaking accepted by Decision 2006/109/EC was a joint liability undertaking of 20 companies together with the CCCME. The fact that it was offered as a joint undertaking contributed in a decisive manner to its acceptability by the Commission given that it increased the practicability and improved the control of the respect of the obligations deriving from the undertaking, all of this being necessary in view of the great number of exporting producers involved.
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
Norlong argued that the Commission had already accepted in the past at least one individual undertaking from a company which had not been granted market economy treatment (MET) but only individual treatment, as is the case of Norlong. However, it should be emphasized that the situation in the case referred to by Norlong is different from the situation in the original undertaking accepted by Decision 2006/109/EC: in the case referred to by Norlong, only one undertaking offer of one exporting producer was finally accepted. It should also be recalled that that undertaking was subsequently withdra
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
In the case of the undertaking accepted by Decision 2006/109/EC, the specificity of the situation, i.e. the great number of companies which exceeds 20, requires a particular set-up for a special control and monitoring. Norlong did not bring forward any relevant argument suggesting that it was in a different situation as the other companies part of the joint undertaking or justifying that the Commission should treat Norlong in a different way than the other companies that are part to the joint undertaking. Moreover, Norlong’s offer would imply a duplication of efforts of the Commission’s contro
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
In view of the above, the undertaking offered by Norlong should be rejected. The offer submitted by CCCME and HanDan, by CCCME and XianXian and by CCCME and Weifang to join the joint price undertaking as accepted by Decision 2006/109/EC should be accepted, and Article 1 of Decision 2006/109/EC should be amended accordingly,
- Commission Decision of 23 March 2010 amending Decision 2006/109/EC by accepting three offers to join the joint price undertaking accepted in connection with the anti-dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/177/EU) Decision · Grade B
The table of Article 1 in Decision 2006/109/EC as amended by Decision 2008/437/EC is replaced by the following table: Company Taric Additional Code Beijing Tongzhou Dadusche Foundry Factory, East of Dongtianyang Village, Dadushe, Tongzhou Beijing A708 Botou City Simencun Town Bai Fo Tang Casting Factory, Bai Fo Tang Village, Si Men Cun Town, Bo Tou City, 062159, Hebei Province A681 Botou City Wangwu Town Tianlong Casting Factory, Changle Village, Wangwu Town, Botou City, Hebei Province A709 Changan Cast Limited Company of Yixian Hebei, Taiyuan main street, Yi County, Hebei Province, 074200 A68
- Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain castings originating in the People's Republic of China 2009/C 131/12 Notice · Grade B
The Commission has decided on its own initiative to initiate a partial interim review of the anti-dumping measures applicable to imports of certain castings originating in the People's Republic of China pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the basic Regulation). The review is limited in scope to the examination of the form of the measure and in particular to the examination of the acceptability and workability of undertakings offered by certain exporting prod