Implementing regulation 2012/1039 - Definitive anti-dumping duty on imports of aluminium radiators from China - Main contents
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official title
Council Implementing Regulation (EU) No 1039/2012 of 29 October 2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aluminium radiators originating in the People’s Republic of China| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2012/1039 |
| Original proposal | COM(2012)580  |
| CELEX number i | 32012R1039 |
| Document | 29-10-2012 |
|---|---|
| Publication in Official Journal | 09-11-2012; OJ L 310, 9.11.2012,Special edition in Croatian: Chapter 11 Volume 129 |
| Effect | 10-11-2012; Entry into force Date pub. + 1 See Art 4 |
| End of validity | 15-01-2019 |
9.11.2012 |
EN |
Official Journal of the European Union |
L 310/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 1039/2012
of 29 October 2012
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aluminium radiators originating in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 9 thereof,
Having regard to the proposal submitted by the European Commission (‘the Commission’) after having consulted the Advisory Committee,
Whereas:
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1.PROCEDURE
1.1. Provisional measures
(1) |
The Commission, by Regulation (EU) No 402/2012 (2) (‘the provisional Regulation’), imposed a provisional anti-dumping duty on imports of aluminium radiators originating in the People’s Republic of China (‘PRC’ or ‘the country concerned’). |
(2) |
The proceeding was initiated on 12 August 2011 (3), following a complaint lodged by the International Association of Aluminium Radiator Manufacturers Limited Liability Consortium (AIRAL S.c.r.l. - ‘the complainant’) on behalf of producers representing more than 25 % of total Union production of aluminium radiators. |
(3) |
As set out in recital (14) of the provisional Regulation, the investigation of dumping and injury covered the period from 1 July 2010 to 30 June 2011 (‘the investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2008 to the end of the IP (‘the period considered’). |
1.2. Subsequent procedure
(4) |
Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose a provisional anti-dumping duty (‘provisional disclosure’), several interested parties made written submissions making known their views on the provisional findings. The parties who so requested were granted an opportunity to be heard. |
(5) |
The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the interested parties were considered and, where appropriate, the provisional findings were modified accordingly. |
(6) |
As already mentioned in recital (12) of the provisional Regulation, one group of related exporting producers claimed individual examination in accordance with Article 17(3) of the basic Regulation. The examination of those claims at the provisional stage was too burdensome to be carried out and was deferred to the definitive stage. It was thus decided to grant an individual examination to the group claiming it, i.e. the Sira Group. In respect of its operations in the PRC, the Sira Group is composed of Sira (Tianjin) Aluminium Products Co. Ltd and Sira Group (Tianjin) Heating Radiators Co. Ltd |
(7) |
All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of aluminium radiators originating in the PRC and the definitive collection of the amounts secured by way of the provisional duty (‘final disclosure’). All parties were granted a period within which they could make comments on this final disclosure. |
(8) |
The oral and written comments submitted by the interested parties were considered and taken into account where appropriate. |
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2.PRODUCT CONCERNED AND LIKE PRODUCT
(9) |
As set out in recital (15) of the provisional Regulation, the product concerned is aluminium radiators and... |
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