30.6.2015   

EN

Official Journal of the European Union

L 163/18

(1)

By Implementing Regulation (EU) No 1106/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of wire of stainless steel containing by weight:

currently falling within CN codes 7223 00 19 and 7223 00 99, and originating in India (‘the product concerned’).

(2)

In the investigation which led to the imposition of a definitive anti-dumping duty a large number of exporting producers from India cooperated. As a result, the European Commission (‘the Commission’) selected a sample of Indian exporting producers to be investigated.

(3)

The Council imposed individual duty rates on imports of the product concerned ranging from 0 % to 12,5 % for the sampled companies and the weighted average duty of 5 % for the cooperating non-sampled companies.

(4)

The Council also imposed a countrywide duty of 12,5 % on all other companies which either did not make themselves known or did not cooperate with the investigation.

(5)

Article 2 of Implementing Regulation (EU) No 1106/2013 states that where any new exporting producer from India provides sufficient evidence to the Commission that:

then Article 1(2) of that Regulation may be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, namely the weighted average duty of 5 %.

(6)

The Indian companies Superon Schweisstechnik India Ltd (‘the first applicant’) and Anand ARC Ltd (‘the second applicant’) requested to be granted the duty rate applicable to the cooperating companies not included in the sample (‘new exporting producer treatment’ or ‘NEPT’).

(7)

An examination has been carried out in order to determine whether the applicants fulfil the criteria for being granted NEPT as set out in Article 2 of Implementing Regulation (EU) No 1106/2013.

(8)

A questionnaire was sent to the applicants asking them to supply evidence that they met all of the criteria set out above in Article 2 of Implementing Regulation (EU) No 1106/2013.

(9)

The Commission sought and verified all information it deemed necessary for the purpose of determining whether the applicants meet the three criteria to be granted NEPT. Verification visits were carried out at the premises of:

(10)

The first applicant has provided sufficient evidence to prove that it meets the three criteria mentioned in Article 2 of Implementing Regulation (EU) No 1106/2013. The first applicant in fact could prove that:

and therefore can be granted the duty rate applicable to the cooperating companies not included in the sample, i.e. 5 %, in accordance with Article 2 of Implementing Regulation (EU) No 1106/2013, and should be added to the list of Indian cooperating exporting producers not included in the sample.

(11)

The second applicant, however, failed to meet the first criterion because it exported the product concerned to the Union during the investigation period. Its request for NEPT was therefore rejected.

(12)

The Commission informed the applicants and the Union industry of the above findings and gave them the opportunity to comment. One exporting producer requested retroactive application of the decision. However, such possibility is not foreseen in the current procedure and the exporting producer was informed accordingly. No other comments were received.

(13)

A new TARIC additional code (B997) needs to be attributed to the first applicant. Purely for technical integration reasons in TARIC, this Regulation should amend Council Implementing Regulation (EU) No 861/2013 (3) by attributing the same TARIC additional code (B997) to the first applicant.

(14)

Commission Implementing Regulation (EU) 2015/49 (4) has been adopted without obtaining the opinion of the Committee established by Article 15(1) of the basic Regulation. In order to ensure legal certainty and protect legitimate expectations, Implementing Regulation (EU) 2015/49 should therefore be repealed and its content readopted with effects as from the entry into force of Implementing Regulation (EU) 2015/49.

(15)

This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

(a)

the TARIC additional code ‘B781’ appearing in the table in Article 1(2) is replaced by the wording ‘see Annex’;

(b)

the Annex is replaced by the Annex to this Regulation.