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2.9.2011 Official
Journal
of
the
European
Union L
227/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 871/2011
of 26 August 2011
terminating the expiry and partial interim review of the anti-dumping measures concerning imports
of certain castings originating in the People’s Republic of China and repealing those measures
THE COUNCIL OF THE EUROPEAN UNION,
Republic of China ( 4 ), the Commission received on
25 March 2010 a request for review pursuant to
Article 11(3) of the basic Regulation and on 29 April
Having regard to the Treaty on the Functioning of the European
2010 another request for review pursuant to
Union,
Article 11(2) of the basic Regulation.
Having regard to Council Regulation (EC) No 1225/2009 of
(4) The
request
pursuant
to
Article
11(2)
of
the
basic
Regu
30 November 2009 on protection against dumped imports
lation was lodged by the Eurofonte, acting on behalf of
from countries not members of the European Community ( 1 )
seven of its members, and by Fundiciones de Odena (the
(the basic Regulation) and in particular Articles 9 and 11(2), (3),
applicants) on behalf of producers representing a major
(5) and (6) thereof,
proportion, in this case more than 25 % of the Union
production of certain castings.
Having regard to the proposal submitted by the European
Commission (the Commission) after having consulted the
(5)
The request contained prima facie evidence showing that
Advisory Committee,
the expiry of the measures would be likely to result in a
continuation or recurrence of dumping and injury to the
Union industry.
Whereas:
(6) The
request
pursuant
to
Article
11(3)
of
the
basic
Regu
1. PROCEDURE
lation was lodged by Shandong Lulong Group Co. Ltd,
1.1. Measures in force
an exporting producer from the People’s Republic of

China. The request was limited in scope to the exam
(1) Following
an
anti-dumping
investigation
carried
out
ination of dumping as far Shandong Lulong Group Co.
pursuant to Article 5 of the basic Regulation, the
Ltd was concerned.
Council, by Regulation (EC) No 1212/2005 ( 2 ), imposed
a definitive anti-dumping duty on imports of certain
castings originating in the People’s Republic of China.
1.3. Initiations
That Regulation was last amended by Regulation (EC)
No 500/2009 (
(7) Accordingly,
after consultation of the Advisory

3 ).
Committee, the Commission published a notice of
initiation in the Official Journal of the European Union ( 5 )
(2) Individual
duty
rates
ranged
from
0
%
to
37,9
%
of an expiry review of the anti-dumping measures
depending on the manufacturer of the product
applicable to imports of certain castings currently
concerned, and the residual duty level was set at 47,8 %.
falling within CN codes 7325 10 50, 7325 10 92,
ex 7325 10 99 (TARIC code 7325 10 99 10), and
ex 7325 99 10 (TARIC code 7325 99 10 10), originating
1.2. Requests for reviews
in the People’s Republic of China.
(3) Following the publication of a notice of impending
expiry of certain anti-dumping measures applicable to
(8) The
Commission
officially
advised
the
exporting
imports of certain castings originating in the People’s
producers, importers concerned, the representatives of
the People’s Republic of China, the representative users
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 199, 29.7.2005, p. 1.
( 4 ) OJ C 72, 20.3.2010, p. 11.
( 3 ) OJ L 151, 16.6.2009, p. 6.
( 5 ) OJ C 203, 27.7.2010, p. 2.

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L 227/2
EN
Official Journal of the European Union
2.9.2011
and the Union producers of the initiation of the expiry
(12) In
accordance
with
Article
9(1)
and
Article
11(2)
of
the
review investigation. Interested parties were given the
basic Regulation, a proceeding may be terminated where
opportunity to make their views known in writing and
the request for review is withdrawn unless such a termi
to request a hearing within the time-limit set in the
nation would not be in the Union interest.
notice of initiation.
(13) It
was
considered
that
the
present
proceeding
should
be
(9) The
Commission
also
published
in
the Official Journal of
terminated since the investigation had not brought to
the European Union ( 1 ) a notice of initiation of a partial
light any consideration showing that its termination
interim review of the anti-dumping measures referred to
would not be in the Union interest. Interested parties
under recital (7), limited in scope to the examination of
were informed accordingly and were given the oppor
dumping as far as Shandong Lulong Group Co. Ltd was
tunity to submit comments. However, no such
concerned.
comments were received as would give reason to reach
a different conclusion.
2. WITHDRAWAL OF THE REQUEST FOR EXPIRY
REVIEW
(14) It
was
therefore
concluded
that
the
anti-dumping
expiry
review proceeding concerning imports of certain castings
(10) By
a
letter
addressed
to
the
Commission,
dated
9
June
2011, the applicants formally withdrew their request. In
originating in the People’s Republic of China should be
their letter the applicants argued that, in view of the
terminated and the existing measures should be repealed.
volatility of the relevant economic parameters, future
injurious dumping could not be excluded. Under those
circumstances they consider that a surge of Chinese
(15) As
a
consequence
it
was
further
concluded
that
the
partial interim review limited in scope to the examination
imports could cast the viability of the Union industry
of dumping as far as Shandong Lulong Group Co. Ltd
into doubt and, on this basis, the applicants consider
was concerned should also be terminated,
that the Commission should actively monitor imports

of the product concerned and be ready to open a new
proceeding at short notice.
HAS ADOPTED THIS REGULATION:
(11) The
Commission
acknowledges
that
the
castings
market
has been subject to significant changes in the last year, in
Article 1
particular due to the recent economic crisis which has
The expiry and partial interim review of the anti-dumping
had a significant impact on the construction industry and
measures concerning imports of castings of non-malleable cast
resulted in cuts in public spending for infrastructure
iron and spheroidal graphite cast iron (ductile iron) of a kind
projects. This has caused a general decline in demand,
used to cover and/or to give access to ground or sub-surface
including for imports of certain castings. Since it is not
systems, and parts thereof, whether or not machined, coated or
clear how the market will develop in the short-to-
painted or fitted with other materials, excluding fire hydrants,
medium term, the reappearance of injurious dumping
currently falling within CN codes 7325 10 50, 7325 10 92,
can not be entirely excluded. It is therefore considered
ex 7325 10 99
(TARIC
code
7325 10 99 10)
and
appropriate to monitor imports of the product concerned
ex 7325 99 10 (TARIC code 7325 99 10 10), and originating
originating in the People’s Republic of China. The moni
in the People’s Republic of China, are hereby terminated and
toring period should not exceed 24 months from the
those measures repealed.
publication of the termination of the present proceeding.
Furthermore, the Commission does not rule out the
opening of a new investigation concerning the same
Article 2
product if and when evidence is provided that points
to injurious dumping, in line with the requirements of
This Regulation shall enter into force on the day following its
the basic Regulation.
publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 August 2011.
For the Council
The President
M. DOWGIELEWICZ
( 1 ) OJ C 324, 1.12.2010, p. 21.

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