Regulation 2008/649 - Definitive anti-dumping duty on imports of powdered activated carbon from China

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1.

Current status

This regulation was in effect from July 11, 2008 until July 10, 2013.

2.

Key information

official title

Council Regulation (EC) No 649/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of powdered activated carbon originating in the People’s Republic of China
 
Legal instrument Regulation
Number legal act Regulation 2008/649
Original proposal COM(2008)341 EN
CELEX number i 32008R0649

3.

Key dates

Document 08-07-2008
Publication in Official Journal 10-07-2008; Special edition in Croatian: Chapter 11 Volume 032,OJ L 181, 10.7.2008
Effect 11-07-2008; Entry into force Date pub. + 1 See Art 3
End of validity 10-07-2013; See 31996R0384 Art. 11.2

4.

Legislative text

10.7.2008   

EN

Official Journal of the European Union

L 181/1

 

COUNCIL REGULATION (EC) No 649/2008

of 8 July 2008

imposing a definitive anti-dumping duty on imports of powdered activated carbon 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 Articles 9 and 11(2) thereof,

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

Whereas:

  • 1. 
    PROCEDURE

1.1.   Measures in force

 

(1)

By Regulation (EC) No 1006/96 (2), following an anti-dumping investigation, the Council imposed a definitive anti-dumping duty of EUR 323 per tonne on imports on powdered activated carbon originating in the People’s Republic of China (PRC) (the original investigation).

 

(2)

By Regulation (EC) No 1011/2002 (3), following an expiry review pursuant to Article 11(2) of the basic Regulation, the Council renewed the imposition of the definitive anti-dumping duty on imports on powdered activated carbon originating in the PRC (the first expiry review investigation).

1.2.   Request for a review (Present investigation)

 

(3)

Following the publication of a notice of impending expiry (4), the Commission received a request on 12 March 2007 for an expiry review pursuant to Article 11(2) of the basic Regulation.

 

(4)

The request was lodged by the European Chemical Industry Council (CEFIC) (the applicant) on behalf of two producers representing a major proportion, in this case more than 50 %, of the total Community production of powdered activated carbon. The request was based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of dumping and injury to the Community industry.

 

(5)

Having determined, after consulting the advisory committee, that sufficient evidence existed for the initiation of the expiry review, the Commission initiated this review on 13 June 2007, by a notice published in the Official Journal of the European Union (the notice of initiation) (5).

1.3.   Parties concerned by the investigation

 

(6)

The Commission officially advised the exporters/producers, the representatives of the exporting country, importers, suppliers, producers, users in the Community and the applicant of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.

(a)   Sampling of exporters/producers in the PRC

 

(7)

In view of the apparent large number of exporters/producers in the PRC (132 listed in the review request), it was considered appropriate to examine whether sampling should be used in the expiry review in conformity 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, the exporters/producers were requested, pursuant to Article 17(2) of the basic Regulation, to make themselves known within 15 days of the initiation of the expiry review and provide the Commission with the information requested in the notice of initiation. However, no exporter/producer replied to the sampling questions or otherwise made itself known in response to the notice of initiation and, thus, sampling for exporters/producers was not at issue.

(b)   Sampling of Community importers

 

(8)

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5.

Original proposal

 

6.

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