HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 8/22
EN
Official Journal of the European Union
12.1.2012
COUNCIL IMPLEMENTING REGULATION (EU) No 14/2012
of 9 January 2012
extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 511/2010
on imports of certain molybdenum wires originating in the People’s Republic of China to imports
of certain molybdenum wires consigned from Malaysia, whether declared as originating in Malaysia
or not and terminating the investigation in respect of imports consigned from Switzerland
THE COUNCIL OF THE EUROPEAN UNION,
(5) Finally,
the
applicant
alleged
that
the
remedial
effects
of
the measures in force were being undermined both in
Having regard to the Treaty on the Functioning of the European
terms of quantities and prices and that the prices of
Union,
molybdenum wires from Malaysia and Switzerland were
dumped when related to the normal value established in
the original investigation.
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 Community ( 1 )
3. Initiation
(‘the basic Regulation’), and in particular Article 13 thereof,
(6) Having
determined,
after
consulting
the
Advisory
Committee, that sufficient prima facie evidence existed
Having regard to the proposal submitted by the European
for initiation of an investigation pursuant to Article 13
Commission (‘the Commission’) after consulting the Advisory
of the basic Regulation, the Commission initiated an
Committee,
investigation by Regulation (EU) No 477/2011 ( 3 ) (‘the
initiating Regulation’). Pursuant to Articles 13(3) and
Whereas:
14(5) of the basic Regulation, the Commission, by the
initiating Regulation, also directed the customs
A.
authorities to register imports of the product concerned
PROCEDURE
consigned from Malaysia or Switzerland, whether
1. Existing measures
declared as originating in Malaysia or Switzerland or
not, as of 19 May 2011.
(1) By
Implementing
Regulation
(EU)
No
511/2010
( 2 ) (‘the
original Regulation’), the Council imposed a definitive
anti-dumping duty of 64,3 % on imports of certain
4. Investigation
molybdenum wires as defined in Article 1(1) of the
(7) The
Commission
officially
advised
the
authorities
of
the
said Regulation (‘the product concerned’) originating in
PRC, Malaysia and Switzerland, the exporting producers
the People’s Republic of China (‘PRC’ or ‘country
and traders in those countries, the importers in the
concerned’). These measures will hereinafter be referred
Union known to be concerned as well as the Union
to as ‘the measures in force’ and the investigation that led
producers of the initiation of the investigation.
to the measures imposed by the original Regulation will
be hereinafter referred to as ‘the original investigation’.
(8) Questionnaires
were
sent
to
the
producers/exporters
in
2. Request
Malaysia, Switzerland and the PRC as well as to Union
importers known to be concerned and/or mentioned in
(2) On
4
April
2011,
the
Commission
received
a
request
the request. Interested parties were given the opportunity
pursuant to Article 13(3) of the basic Regulation to
to make their views known in writing and to request a
investigate the alleged circumvention of the measures
hearing within the time limit set in the initiating Regu
in force. The request was submitted by the European
lation. All parties were informed that non-cooperation
Association of Metals (Eurometaux) on behalf of a
might lead to the application of Article 18 of the basic
Union producer of certain molybdenum wires (‘the
Regulation and to findings being based on the facts
applicant’).
available.
(3) The
request
alleged
that
following
the
imposition
of
the (9) One
Union
importer
contacted
the
Commission,
measures in force, there had been a significant change in
declaring that it had never purchased any molybdenum
the pattern of trade between PRC, Malaysia and Swit
wires from outside the Union.
zerland on the one hand and the Union on the other.
The applicant claimed that this change was due to trans
hipment of molybdenum wires via Malaysia or Swit
(10) Two
Malaysian
companies
submitted
that
during
the
IP
zerland.
referred to in recital (14) they neither manufactured nor
exported to the Union any molybdenum wires.
(4) The
request
concluded
that
there
was
insufficient
due
cause or economic justification for the transhipment
(11) One
Swiss
company
declared
that
they
were
not
involved
other than the existence of the measures in force.
in producing or selling the molybdenum wires over the
past three years.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 150, 16.6.2010, p. 17.
( 3 ) OJ L 131, 18.5.2011, p. 14.

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EN
12.1.2012 Official
Journal
of
the
European
Union
L
8/23
(12) One
PRC
producer
replied
to
the
questionnaire
indicating
(19) As far as imports declared as originating in Switzerland
that, from 2009 onwards, they exported molybdenum
are concerned, it was established, on the basis of data
wires neither to the Union nor to Malaysia or Swit
from Surveillance II database, that there were no imports
zerland.
of the product concerned to the Union during the IP.
(13) The
Commission
received
no
comments
from
the
PRC,
(20) As far as imports declared as originating in Malaysia are
Malaysian or Swiss authorities.
concerned, in the absence of cooperation, the
comparison of molybdenum wires exported to the
Union from PRC against molybdenum wires consigned
5. Investigation Period
from Malaysia to the Union was based on information
available in accordance with Article 18 of the basic Regu
(14) The investigation period covered the period from 1 April
lation, including information provided in the request. No
2010 to 31 March 2011 (‘the IP’). Data was collected for
information obtained during the present investigation
the period from 2007 to the end of the IP (‘period
suggested that molybdenum wires exported to the
considered’) to investigate the alleged change in the
Union from the PRC and molybdenum wires consigned
pattern of trade.
from Malaysia to the Union would not have the same
basic physical characteristics and the same uses.
Therefore, they are considered as like products within
B. RESULTS OF THE INVESTIGATION
the meaning of Article 1(4) of the basic Regulation. No
submissions to the contrary were made during the inves
1. General considerations/degree of cooperation
tigation.
(15) As
mentioned
in
recital
(10),
only
two
companies
in
Malaysia cooperated but they did not export the
product concerned to the Union during the IP. As
3. Change in the pattern of trade
mentioned in recital (11), only one Swiss company
submitted information according to which they were
Imports of molybdenum wires into the Union
not involved in producing or selling the product
concerned over the past three years. Consequently,
3.1. PRC and Malaysia
findings in the present investigation had to be based
(21) Due
to
lack
of
cooperation
from
the
PRC
exporting
on facts available in accordance with Article 18 of the
producers, in order to assess the level of imports for
basic Regulation.
the year 2010 and the IP different statistical sources
have been compared. Those included both publicly
available sources like Eurostat as well as other sources
(16) In
accordance
with
Article
13(1)
of
the
basic
Regulation,
like the database pursuant to Article 14(6) of the basic
the assessment of possible circumvention practices was
Regulation and Surveillance II database.
made by analyzing successively: (1) whether there was a
change in the pattern of trade between PRC, Malaysia
and Switzerland on the one hand and the Union on
the other; (2) if this change stemmed from a practice,
(22) As
stated in recital (27) of the original Regulation,
process or work for which there was insufficient due
imports from the PRC amounted to 87 tonnes in
cause or economic justification other than the imposition
2007, 100 tonnes in 2008 and 97 tonnes in the
of the duty; (3) if there was evidence of injury or that the
original IP (1 April 2008 to 31 March 2009).
remedial effects of the duty were being undermined in
terms of the prices and/or quantities of the like product;
and (4) whether there was evidence of dumping in
(23) The imports of the product concerned from the PRC
relation to the normal values previously established for
dropped significantly after the imposition of the
the like product, if necessary in accordance with the
measures (from 97 tonnes in the original IP to below
provisions of Article 2 of the basic Regulation.
10 tonnes in the IP). On the other hand Malaysian
imports increased from none in 2009 to around 6
tonnes in the IP.
2. Product concerned and like product
(17) The product concerned is as defined in the original inves
3.2. PRC and Switzerland
tigation, i.e. molybdenum wire, containing by weight at
least 99,95 % of molybdenum, of which the maximum
(24) According to the Eurostat data, i.e. data at the CN code
cross-sectional dimension exceeds 1,35 mm but does not
level, the imports from Switzerland increased from
exceed 4,0 mm, originating in the PRC, currently falling
virtually none in 2009 and preceding years to 5
within CN code ex 8102 96 00.
tonnes in both 2010 and 2011. However, the investi
gation established that no imports of the product
concerned from Switzerland, declared as originating in
(18) The product under investigation is the same as that
Switzerland, into the Union were made during the IP.
defined in recital (17) but consigned from Malaysia or
Furthermore, no such imports were made in the whole
Switzerland, whether declared as originating in Malaysia
year 2010 while original provisional measures were in
or Switzerland or not.
force since December 2009.

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L 8/24
EN
Official Journal of the European Union
12.1.2012
3.3. Imports from the PRC into Malaysia and Switzerland
on the other hand indicates the existence of transhipment
practices. The allegation in the request has not been
(25) The
PRC
statistical
sources
indicate
that
exports
of
the
contested by any operator; neither those from the PRC
product concerned to Malaysia started in 2010, while
or Malaysia nor from the Union. It is recalled that no
only negligible quantities were exported in 2009 and
producers of molybdenum wires from Malaysia coop
2008.
erated with this investigation.
(26) The
Swiss
statistical
sources
show
that
imports
from
the
(31) The
investigation
did
not
bring
to
light
any
other
due
PRC into Switzerland started in 2010 and continued in
cause or economic justification for the transshipment
2011 although negligible quantities were imported in
than the avoidance of the measures in force. No
2009 and 2008. However, this import data relates at
elements were found, other than the avoidance of the
the level of CN code and hence has a scope broader
payment of the duty, which could be considered as a
than the definition of the product concerned in the
compensation for the costs of transshipment of the
present investigation. As noted above it was established
product concerned from the PRC via Malaysia.
that there were no exports of the product concerned
from Switzerland, declared as originating in Switzerland,
to the Union. Consequently, the investigation could not
establish any transhipment practices of molybdenum
(32) This conclusion is further corroborated by the fact that
wires originating in the PRC via Switzerland.
no producer of molybdenum wires from Malaysia came
forward during the present investigation.
3.4. Conclusion on the change of pattern of trade
(33) In
addition,
it
is
noted
that
imports
from
Malaysia
had
discontinued around the time of the publication of the
Malaysia
initiating Regulation.
(27) The
overall
decrease
of
exports
of
the
product
concerned
from the PRC to the Union as from 2010 and the
parallel increase of exports from Malaysia and of
(34) It
is
therefore
concluded
that,
in
the
absence
of
any
other
exports from the PRC to Malaysia after the imposition
sufficient due cause or economic justification within the
of the original measures constituted a change in the
meaning of the second sentence of Article 13(1) of the
pattern of trade between the above mentioned
basic Regulation, the change in the pattern of trade
countries on the one hand and the Union on the other
between the PRC and Malaysia on the one hand and
hand.
the Union on the other hand was due to the imposition
of the measures in force.
Switzerland
5. Undermining of the remedial effects of the duty
(28) As
far
as
Switzerland
is
concerned,
no
change
in
the
in terms of the prices and/or the quantities of the
pattern of trade between the PRC, Switzerland and the
like product
Union could be established with regard to imports of the
product concerned. Consequently, the investigation of
(35) To assess whether the imported products from Malaysia
possible circumvention of anti-dumping measures by
had, in terms of quantities and prices, undermined the
imports of molybdenum wires consigned from Swit
remedial effects of the measures in force, data from
zerland should be terminated.
available statistical sources as described in recital (21)
were used as the best data available concerning quantities
and prices of exports from Malaysia.
4. Nature of the circumvention practice and insuf
ficient due cause or economic justification
(36) The
increase
of
imports
from
Malaysia
was
considered
to
be significant in terms of quantities. The level of imports
(29) Article
13(1)
of
the
basic
Regulation
requires
that
the
change in the pattern of trade stems from a practice,
from Malaysia in the IP amounts to around 6 % of the
process or work for which there is insufficient due
level of imports of the product originating in the PRC to
cause or economic justification other than the imposition
the Union before the imposition of measures.
of the duty. The practice, process or work includes, inter
alia, the consignment of the product subject to measures
via third countries.
(37) The
comparison
of
the
injury
elimination
level
as
estab
lished in the original Regulation and the weighted
average export price showed significant underselling. It
was therefore concluded that the remedial effects of the
(30) The
comparison
of
trade
flows
between
the
PRC
and
measures in force are being undermined both in terms of
Malaysia on the one hand and Malaysia and the Union
quantities and prices.

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EN
12.1.2012 Official
Journal
of
the
European
Union
L
8/25
6. Evidence of dumping in relation to the normal
(EU) No 511/2010, which are a definitive anti-dumping
value previously established for the like product
duty of 64,3 % applicable to the net, free-at-Union-
frontier price, before customs duty.
(38) In the absence of cooperation from any exporting
producer, export prices were based on facts available
pursuant to Article 18 of the basic Regulation. The
prices available from statistical sources as described in
(46) In accordance with Articles 13(3) and 14(5) of the basic
recital (21) were considered to be the most reliable.
Regulation, which provides that any extended measure
should apply to imports which entered the Union
under registration imposed by the initiating Regulation,
duties should be collected on those registered imports of
(39) In
accordance
with
Article
13(1)
of
the
basic
Regulation,
molybdenum wires consigned from Malaysia.
it was considered appropriate that the normal value to be
used in an anti-circumvention investigation is the normal
value established during the original investigation. In the
absence of cooperation and pursuant to Article 18 of the
D. TERMINATION OF THE INVESTIGATION IN RESPECT
basic Regulation, for the purpose of comparing the
OF IMPORTS FROM SWITZERLAND
export price and normal value, it was considered appro
priate to assume that the product mix of the goods
(47) In
view
of
the
findings
regarding
Switzerland,
the
inves
observed during the present investigation was the same
tigation concerning the possible circumvention of anti-
as in the original investigation.
dumping measures by imports of the product concerned
consigned from Switzerland should be terminated and
the registration of imports of molybdenum wires
consigned from Switzerland, introduced by the initiating
(40) In the original investigation, the USA was considered to
Regulation, should be discontinued.
be an appropriate market economy analogue country.
Since the analogue country producer made only
marginal sales on the domestic US market, it was
found unreasonable to use US domestic sales data for
E. REQUESTS FOR EXEMPTION
the purposes of determining or constructing normal
value. Consequently, the normal value for the PRC was
(48) It is recalled that during the present investigation no
established on the basis of export prices from the USA to
producer/exporter of molybdenum wires to the Union
other third countries, including the Union.
made itself known or was found to exist in Malaysia.
Nevertheless, any producer from Malaysia which did
not export the product under investigation to the
Union during the IP and which considers lodging a
(41) In
accordance
with
Article
2(11)
and
2(12)
of
the
basic
request for an exemption from the extended anti-
Regulation, dumping was calculated by comparing the
dumping duty pursuant to Articles 11(4) and 13(4) of
weighted average normal value as established in the
the basic Regulation will be required to complete a ques
original Regulation and the weighted average export
tionnaire in order to enable the Commission to
prices established during this investigation’s IP,
determine whether an exemption may be warranted.
expressed as a percentage of the net, free-at-Union-
Such exemption may be granted after the assessment
frontier price, before customs duty.
of the market situation of the product concerned,
production capacity and capacity utilisation, procurement
and sales and the likelihood of continuation of practices
(42) The
comparison
of
the
weighted
average
normal
value
for which there is insufficient due cause or economic
and the weighted average export prices showed dumping.
justification and the evidence of dumping. The
Commission would normally also carry out an on-the-
spot verification visit. The request should be addressed to
C. MEASURES
the Commission forthwith, with all relevant information,
in particular any modification in the company’s activities
(43) In
view
of
the
findings
above,
it
was
concluded
that
the
linked to the production and sales.
definitive anti-dumping duty imposed on imports of
molybdenum wires originating in the PRC was circum
vented by transhipment via Malaysia.
(49) Where
an
exemption
is
warranted,
the
Commission
will,
after consultation of the Advisory Committee, propose
the amendment of the extended measures in force
(44) In
accordance
with
the
first
sentence
of
Article
13(1)
of
accordingly. Subsequently, any exemption granted will
the basic Regulation, the existing anti-dumping measures
be monitored to ensure compliance with the conditions
on imports of the product concerned originating in the
set therein.
PRC, should be extended to imports of the same product
consigned from Malaysia, whether declared as originating
in Malaysia or not.
F. DISCLOSURE
(50) Interested
parties
were
informed
of
the
essential
facts
and
(45) The measures to be extended should be the ones estab
considerations leading to the above conclusions and were
lished in Article 1(2) of Implementing Regulation
given the opportunity to comment and to be heard,

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L 8/26
EN
Official Journal of the European Union
12.1.2012
HAS ADOPTED THIS REGULATION:
European Commission
Directorate-General for Trade
Directorate H
Article 1
Office: N105 4/92
1049 Bruxelles/Brussel
1. The
definitive
anti-dumping
duty
imposed
by
Imple
BELGIQUE/BELGI
menting Regulation (EU) No
511/2010 on imports of
molybdenum wire, containing by weight at least 99,95 % of
Fax +32 2297 98 81
molybdenum, of which the maximum cross-sectional
Email: TRADE-13-3-MOLYBDENUM@ec.europa.eu
dimension exceeds 1,35 mm but does not exceed 4,0 mm,
currently falling within CN code ex 8102 96 00 and originating
2. In
accordance
with
Article
13(4)
of
Regulation
(EC)
in the People’s Republic of China, is hereby extended to imports
No 1225/2009, the Commission, after consulting the
of molybdenum wire, containing by weight at least 99,95 % of
Advisory Committee, may authorise by decision the
molybdenum, of which the maximum cross-sectional dimension
exemption of imports which do not circumvent the anti-
exceeds 1,35 mm but does not exceed 4,0 mm, currently falling
dumping measures imposed by Implementing Regulation (EU)
within CN code ex 8102 96 00 (TARIC code 8102 96 00 11),
No 511/2010 from the duty extended by Article 1 of the
consigned from Malaysia, whether declared as originating in
present Regulation.
Malaysia or not.
Article 3
The investigation initiated by Regulation (EU) No 477/2011
2. The
duties
extended
by
paragraph
1
shall
be
collected
on concerning the possible circumvention of the of anti-dumping
imports consigned from Malaysia, whether declared as orig
measures imposed by Implementing Regulation (EU)
inating in Malaysia or not, registered in accordance with
No 511/2010 on imports of certain molybdenum wires orig
Article 2 of Regulation (EU) No 477/2011, and Articles 13(3)
inating in the People’s Republic of China by imports of certain
and 14(5) of Regulation (EC) No 1225/2009.
molybdenum wires consigned from Switzerland, whether
declared as originating in Switzerland or not, is hereby
terminated.
3. Unless
otherwise
specified,
the
provisions
in
force
concerning customs duties shall apply.
Article 4
Customs authorities are hereby directed to discontinue the regis
Article 2
tration of imports, established in accordance with Article 2 of
Regulation (EU) No 477/2011.
1. Requests
for
exemption
from
the
duties
extended
by
Article 1 shall be made in writing in one of the official
Article 5
languages of the Union and must be signed by a person auth
orized to represent the entity requesting the exemption. The
This Regulation shall enter into force on the day following its
request must be sent to the following address:
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, 9 January 2012.
For the Council
The President
N. WAMMEN

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