Legal provisions of COM(2000)363 - Amendment of Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the EC

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Article 1

Article 2(7) of Regulation (EC) No 384/96 is amended as follows:

- paragraph (b) is replaced by:

"(b) In anti-dumping investigations concerning imports from the Russian Federation, the People's Republic of China, the Ukraine, Vietnam and Kazakhstan and any non-market-economy country which is a member of the WTO at the date of the initiation of the investigation, normal value will be determined in accordance with paragraphs 1 to 6, if it is shown, on the basis of properly substantiated claims by one or more producers subject to the investigation and in accordance with the criteria and procedures set out in subparagraph (c) that market economy conditions prevail for this producer or producers in respect of the manufacture and sale of the like product concerned. When this is not the case, the rules set out under subparagraph (a) shall apply.",

- the footnote is replaced by:

"(*) Including Albania, Armenia, Azerbaijan, Belarus, Georgia, North Korea, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan, Uzbekistan."

Article 2

This Regulation applies to all anti-dumping investigations initiated after the date of its entry into force. In the case of imports from non-market-economy countries which become members of the WTO after the entry into force of this Regulation, it applies to all anti-dumping investigations concerning products originating in those countries which are initiated after the date of their accession to the WTO.

Article 3

This Regulation enters into force on the day following its publication in the Official Journal of the European Communities.


This Regulation shall be binding in its entirety and directly applicable in all Member States.