HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 194/6
EN
Official Journal of the European Union
26.7.2011
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 723/2011
of 18 July 2011
extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of
certain iron or steel fasteners originating in the People’s Republic of China to imports of certain
iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not
THE COUNCIL OF THE EUROPEAN UNION,
involving exports from the PRC and Malaysia to the
Union occurred, which seemed to be caused by the
imposition of the measures in force. There was insuf
Having regard to the Treaty on the Functioning of the European
ficient due cause or justification other than the
Union,
imposition of the measures in force for such a change.
Having regard to Council Regulation (EC) No 1225/2009 of
(4)
Furthermore, the evidence pointed to the fact that the
30 November 2009 on protection against dumped imports
remedial effects of the measures in force were being
from countries not members of the European Community ( 1 )
undermined both in terms of quantity and price. The
(the ‘basic Regulation’), and in particular Article 13 thereof,
evidence showed that these increased imports from
Malaysia were made at prices below the non-injurious
price established in the original investigation.
Having regard to the proposal submitted by the European
Commission after consulting the Advisory Committee,
(5) Finally,
there
was
evidence
that
prices
of
certain
iron
or
Whereas:
steel fasteners consigned from Malaysia were dumped in
relation to the normal value established for the like
product during the original investigation.
1. PROCEDURE
1.1. Existing measures
(6) Having
determined,
after
consulting
the
Advisory
Committee, that sufficient prima facie evidence existed
(1) By
Regulation
(EC)
No
91/2009
( 2 ), (‘the original Regu
lation’), the Council imposed a definitive anti-dumping
for the initiation of an investigation pursuant to
duty of 85 % on imports of certain iron or steel
Article 13 of the basic Regulation, the Commission, on
fasteners originating in the People’s Republic of China
an ex-officio basis, initiated an investigation by Regulation
(‘the PRC’ or ‘China’) for all companies other than the
(EU) No
966/2010
( 3 ) (‘the initiating Regulation’).
ones mentioned in Article 1(2) and in Annex 1 to that
Pursuant to Articles 13(3) and 14(5) of the basic Regu
Regulation. These measures will hereinafter be referred to
lation, the Commission, by the initiating Regulation, also
as ‘the measures in force’ and the investigation that led to
directed the customs authorities to register imports of
the measures imposed by the original Regulation will be
certain iron or steel fasteners consigned from Malaysia.
hereinafter referred to as ‘the original investigation’.
1.3. Investigation
1.2. Ex-officio initiation
(7) The
Commission
officially
advised
the
authorities
of
the
(2) Following
the
original
investigation,
evidence
at
PRC and Malaysia, the exporting producers and traders in
the disposal of the Commission indicated that the
those countries, the importers in the Union known to be
anti-dumping measures on imports of certain iron or
concerned and the Union industry of the initiation of the
steel fasteners originating in the PRC (‘the product
investigation. Questionnaires were sent to the producers/
concerned’) are being circumvented by means of trans
exporters in the PRC and Malaysia known to the
hipment via Malaysia.
Commission or which made themselves known within
the deadlines specified in recital 19 of the initiating Regu
lation. Questionnaires were also sent to importers in the
(3) Prima
facie
evidence
at
the
Commission’s
disposal
Union. Interested parties were given the opportunity to
showed that, following the imposition of the measures
make their views known in writing and to request a
in force, a significant change in the pattern of trade
hearing within the time- limit set in the initiating Regu
lation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 29, 31.1.2009, p. 1.
( 3 ) OJ L 282, 28.10.2010, p. 29.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/7
(8) Nineteen
exporting
producers
in
Malaysia,
three
groups
2. RESULTS OF THE INVESTIGATION
of exporting producers in China and three unrelated
importers in the Union made themselves known.
2.1. General considerations
Several other companies contacted the Commission but
claimed that they were not involved in the production or
(11) In
accordance
with
Article
13(1)
of
the
basic
Regulation,
export of the product under investigation.
the assessment of the existence of circumvention was
made by analysing successively whether there was a
change in the pattern of trade between third countries
and the Union; if this change stemmed from a practice,
(9) The
following
companies
submitted
replies
to
the
ques
process or work for which there was insufficient due
tionnaires and verification visits were subsequently
cause or economic justification other than the imposition
carried out at their premises, with the exception of
of the duty; if there was evidence of injury or that the
Menara Kerjaya Fasteners Sdn. Bhd, TR Formac Sdn.
remedial effects of the duty were being undermined in
Bhd. and Excel Fastener Manufacturing Sdn. Bhd:
terms of the prices and/or quantities of the like product;
and whether there was evidence of dumping in relation
to the normal values previously established for the like
Exporting producers in Malaysia:
product, if necessary in accordance with the provisions of
Article 2 of the basic Regulation.
— Sofasco Industries (M) Sdn. Bhd, Penang,
— Tigges Fastener Technology (M) Sdn. Bhd, Ipoh,
2.2. Product concerned and the like product
— MCP Precision Sdn. Bhd, Penang,
(12) The product concerned is as defined in the original inves
tigation: Certain iron or steel fasteners, other than of
— HBS Fasteners Sdn. Bhd, Klang,
stainless steel, i.e. wood screws (excluding coach
screws), self-tapping screws, other screws and bolts
— TZ Fasteners (M) Sdn. Bhd, Klang,
with heads (whether or not with their nuts or washers,
but excluding screws turned from bars, rods, profiles or
— Menara Kerjaya Fasteners Sdn. Bhd, Penang,
wire, of solid section, of a shank thickness not exceeding
6
mm and excluding screws and bolts for fixing
— Chin Well Fasteners Company Sdn. Bhd, Penang,
railway track construction material), and washers, orig
inating in the PRC, currently falling within CN codes
— Acku Metal Industries (M) Sdn. Bhd, Penang,
7318 12 90, 7318 14 91, 7318 14 99, 7318 15 59,
7318 15 69, 7318 15 81, 7318 15 89, ex 7318 15 90,
— Grand Fasteners Sdn. Bhd, Klang,
ex 7318 21 00 and ex 7318 22 00.
— Jinfast Industries Sdn. Bhd, Penang,
— Andfast Malaysia Sdn. Bhd, Ipoh,
(13) The product under investigation is the same as that
defined in recital 12, but consigned from Malaysia,
— ATC Metal Industrial Sdn. Bhd, Klang,
whether declared as originating in Malaysia or not.
— Pertama Metal Industries Sdn. Bhd, Shah Alam,
— Excel Fastener Manufacturing Sdn. Bhd, Ipoh,
(14) The
investigation
showed
that
iron
or
steel
fasteners,
as
defined above, exported to the Union from the PRC and
those consigned from Malaysia to the Union have the
— TI Metal Forgings Sdn. Bhd, Ipoh,
same basic physical and technical characteristics and
have the same uses, and are therefore to be considered
— TR Formac (Malaysia) Sdn. Bhd, Klang,
as like products within the meaning of Article 1(4) of the
basic Regulation.
— United Bolt and Nut Sdn. Bhd, Seremban,
— Power Steel and Electro Plating Sdn. Bhd, Klang,
2.3. Degree of cooperation and determination of the
— KKC Fastener Industry Sdn. Bhd, Melaka.
trade volumes
(15) As stated in recital 9, 19 exporting producers in Malaysia
1.4. Investigation period
and three exporting producers in China cooperated by

submitting questionnaire replies.
(10) The investigation period covered the period from
1 January 2008 to 30 September 2010 (the ‘IP’). Data
was collected for the IP to investigate, inter alia, the
Malaysia
alleged change in the pattern of trade. For the period
1 October 2009 to 30 September 2010 more detailed
(16) After the submission of its questionnaire reply, one
data were collected in order to examine the possible
Malaysian company notified the Commission that it
undermining of the remedial effect of the measures in
had ceased its activities and therefore it withdrew its
force and existence of dumping.
cooperation.

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L 194/8
EN
Official Journal of the European Union
26.7.2011
(17) In
the
case
of
several
other
Malaysian
companies
the
the export data provided by the cooperating companies
application of Article 18(1) of the basic Regulation was
show that exports from Malaysia to the Union increased
found to be warranted for the reasons explained below in
in those years whereas they were stable in previous years.
recitals 32 to 60.
(24) Table
1
shows
import
quantities
of
certain
iron
or
steel
(18) The
cooperating
Malaysian
exporting
producers
covered
fasteners from the PRC and Malaysia into the Union
55 % of the total Malaysian exports of the product under
since the imposition of the measures in 2009:
investigation to the Union in the IP as reported in
Comext. The overall export volumes were based on
Comext.
Table 1
Evolution of imports of certain iron or steel fasteners to
the Union since the imposition of the measures
People’s Republic of China
Import volumes given in
(19) There
was
a
low
level
of
cooperation
by
producers/
tonnes
2008 2009
1.10.2009-
30.9.2010
exporters in the PRC, with only three exporters/producers
submitting a questionnaire reply. Moreover, none of
PRC 432
049 64
609 27
000
these companies exported the product concerned to the
Union or to Malaysia. Therefore, on the basis of the
Share of total imports 82,2
% 38,0
% 15,4
%
information submitted by the cooperating parties no
Malaysia 8
791 31
050 89
000
reasonable determination could be made as to export
volumes of the product concerned from the PRC.
Share of total imports 1,7
% 18,3
% 50,9
%
Source: Comext, Malaysian, Chinese statistics.
(20) Given
the
above,
findings
in
respect
of
imports
of
certain
iron or steel fasteners into the Union and exports of the
(25) The
data
above
clearly
show
that
since
2009
Malaysian
product concerned from the PRC to Malaysia had to be
exporters have significantly outsold and to some extent
made partially on the basis of facts available in
replaced the Chinese exporters on the Union market in
accordance with Article 18 of the basic Regulation.
terms of volume. Since the imposition of the measures,
Comext data were used to determine overall import
the decrease of Chinese imports into the Union has been
volumes from the PRC to the Union. Chinese and
significant (94 %).
Malaysian national statistics were used for the deter
mination of the overall exports to Malaysia from the
PRC. Data were also cross-checked with detailed
Chinese exports to Malaysia
import- and export data that were provided by the
customs authorities of Malaysia.
(26) A dramatic increase of exports of fasteners can also
be observed from the PRC to Malaysia within the
same period: from a relatively small amount in 2008
(8 829 tonnes) they increased to 89 471 tonnes in the IP.
(21) The
import
volume
recorded
in
Malaysian
and
Chinese
statistics covered a larger product group than the product
concerned or the product under investigation. However,
in view of Comext data and verified data regarding
Table 2
Chinese and Malaysian fastener producers, it could be
Import of fasteners from China into Malaysia from 2008
established that a significant part of this import volume
covered the product concerned. Accordingly, these data
could be used to establish any change in the pattern of
2008 2009
1.10.2009-
30.9.2010
trade and they could be cross-checked with other data
such as the data provided by the cooperating exporting
Import (MT) 8
829 61
973 89
471
producers and importers.
Yearly change (%) 600
% 45
%
Index (2008 = 100) 100 700 1
013
2.4. Change in the pattern of trade
Source: Malaysian customs statistics.
Imports of certain iron or steel fasteners into the Union
(27) To establish the trend of the China to Malaysia trade flow
(22) Imports
of
the
product
concerned
from
China
to
the
Union dropped dramatically subsequent to the
of certain iron or steel fasteners, both Malaysian and
imposition of the original measures in January 2009.
Chinese statistics were considered. Both of these data

are only available at a higher product group level than
the product concerned. However, in view of Comext data
and verified data regarding Chinese and Malaysian
(23) On the other hand, total imports of the product under
fastener producers, it was established that a significant
investigation from Malaysia to the Union increased
part covered the product concerned, so these data
significantly in 2009 and 2010. Both Comext data and
could be taken into account.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/9
Production volumes in Malaysia
the origin of exports of the product under investigation
to the Union. Some of them were found to export
(28) The
evolution
of
the
total
production
volume
of
coop
Chinese origin iron or steel fasteners to the Union.
erating producers in Malaysia had remained relatively
This is also confirmed by the findings with regard to
stable prior to the imposition of measures in 2009.
the change in the pattern of trade as described above
Malaysian producers however have increased their
in recital 29.
output since then considerably.
(33) In
2009
the
European
Anti-fraud
Office
(OLAF)
started
Table 3
an investigation into the alleged transhipment of the
same product through Malaysia. Moreover, the investi
Production of the product under investigation of the
gation revealed that the Malaysian authorities have
cooperating companies in Malaysia
carried out investigations into alleged circumvention
practices at the same time and concluded that several
2008 2009
1.10.2009-
companies, mainly traders, committed fraud by falsifying
30.9.2010
the origin of certain iron or steel fasteners imported from
the PRC to Malaysia when re-exporting the product.
Production volume (MT) 38
763 33
758 61
262
Source: Information provided by the cooperating producers.
(34) The
existence
of
transhipment
of
Chinese-origin
products
via Malaysia was therefore confirmed.
2.5. Conclusion on the change in the pattern of
trade
Assembly and/or completion operations
(29) The
overall
decrease
of
Chinese
exports
to
the
Union
as
from 2009 and the parallel increase of exports from
(35) One
company
inspected
was
not
manufacturing
fasteners
Malaysia and of exports from the PRC to Malaysia after
from raw material (i.e. wire rod) but was completing
the imposition of the original measures constituted a
fasteners from semi-finished blanks, (i.e. wire rod that
change in the pattern of trade between the above
had been cut and headed, but not yet threaded, heat
mentioned countries on the one hand and the Union
treated or plated). However, this company did not
on the other hand.
export during the IP. Another company was manufac
turing fasteners mainly from wire rod, but also some
from semi-finished blanks. For this company, it was
2.6. Nature of the circumvention practice
established that no circumvention took place in the
light of the provisions set out in Article 13(2) of the
(30) Article
13(1)
of
the
basic
Regulation
requires
that
the
basic Regulation, as set out in more detail in recitals
change in the pattern of trade stems from a practice,
62 and 63 below.
process or work for which there is insufficient due
cause or economic justification other than the imposition
of the duty. The practice, process or work includes, inter
2.7. Insufficient due cause or economic justification
alia, the consignment of the product subject to measures
other than the imposition of the anti-dumping
via third countries and the assembly of parts by an
duty
assembly operation in the Union or a third country.
For this purpose the existence of assembly operations
(36) The
investigation
did
not
bring
to
light
any
other
due
is determined in accordance with Article 13(2) of the
cause or economic justification for the transhipment than
basic Regulation.
the avoidance of the measures in force on certain iron or
steel fasteners originating in the PRC. No elements were
found, other than the duty, which could be considered as
a compensation for the costs of transhipment, in
Transhipment
particular regarding transport and reloading, of the
product concerned from the PRC via Malaysia.
(31) The
investigation
revealed
that
some
importers
in
the
Union had sourced Chinese origin fasteners from
Malaysian exporters who had not cooperated with the
present investigation. This information was cross-
2.8. Undermining of the remedial effect of the anti-
checked with Malaysian trade databases which showed
dumping duty
that at least some of the fasteners exported by these
non-cooperating companies were indeed produced in
(37) To
assess
whether
the
imported
products
had,
in
terms
of
the PRC.
quantities and prices, undermined the remedial effects of

the measures in force on imports of certain iron or steel
fasteners originating in the PRC, verified data from the
cooperating exporting producers and Comext data were
(32) In addition, as set out in detail in recitals 52 to 58
used as the best data available concerning quantities and
below, it was found that a number of the cooperating
prices of exports by non-cooperating companies. The
Malaysian producers provided misleading information, in
prices so determined were compared to the injury elim
particular regarding the relationship to Chinese manu
ination level established for Union producers in recital
facturers, imports of finished goods from China and
226 of the original Regulation.

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L 194/10
EN
Official Journal of the European Union
26.7.2011
(38) The
increase
of
imports
from
Malaysia
was
considered
to
(46) In
accordance
with
the
first
sentence
of
Article
13(1)
of
be significant in terms of quantities. The estimated Union
the basic Regulation, the measures in force on imports of
consumption in the IP gives a similar indication about
the product concerned originating in the PRC, should be
the significance of these imports. The comparison of the
extended to imports of the same product consigned from
injury elimination level as established in the original
Malaysia, whether declared as originating in Malaysia or
Regulation and the weighted average export price
not.
showed significant underselling. It was therefore
concluded that the remedial effects of the measures in
force are being undermined both in terms of quantities
and prices.
(47) In particular in the light of the low level of cooperation
from Chinese exporting producers, the measure to be
extended should be the one established in Article 1(2)
2.9. Evidence of dumping
of Regulation (EC) No 91/2009 for ‘all other companies’,
which is a definitive anti-dumping duty of 85 %
(39) Finally,
in
accordance
with
Article
13(1)
and
(2)
of
the
applicable to the net, free-at-Union-frontier price, before
basic Regulation it was examined whether there was
duty.
evidence of dumping in relation to the normal value
previously established for the like products.
(48) In accordance with Articles 13(3) and 14(5) of the basic
(40) In the original Regulation the normal value was estab
Regulation, which provides that any extended measure
lished on the basis of prices in India, which in that
should apply to imports which entered the Union
investigation was found to be an appropriate market
under registration imposed by the initiating Regulation,
economy analogue country for the PRC. It was
duties should be collected on those registered imports of
considered appropriate to use the normal value as
certain iron or steel fasteners consigned from Malaysia.
previously established in line with Article 13(1) of the
basic Regulation.
4. REQUESTS FOR EXEMPTION
(41) A
significant
part
of
Malaysian
exports
were
covered
by
(49) The
19
companies
in
Malaysia
submitting
a
questionnaire
non-cooperating exporters or by cooperating exporters
reply requested an exemption from the possible extended
that had provided misleading information. For this
measures in accordance with Article 13(4) of the basic
reason, for establishing the export prices from Malaysia,
Regulation.
it was decided to base them on facts available, i.e. on the
average export price of certain iron or steel fasteners
during the IP as reported in Comext.
(50) As explained in recital 16, one of these companies
subsequently ceased cooperation and withdrew its
(42) For
the
purpose
of
a
fair
comparison
between
the
normal
request for an exemption.
value and the export price, due allowance, in the form of
adjustments, was made for differences which affect prices
and price comparability in accordance with Article 2(10)
of the basic Regulation. Accordingly, adjustments were
(51) Two
companies
were
found
not
to
export
the
product
during the IP and no conclusions could be drawn as to
made for differences in indirect taxes, transport and
the nature of their operations. Therefore, an exemption
insurance costs based on the average costs of the coop
to these companies can not be granted at this stage.
erating Malaysian producers/exporters in the IP.
However, should it appear, after extension of the anti-
dumping measures in force, that the conditions in
(43) In
accordance
with
Article
2(11)
and
(12)
of
the
basic
Article 11(4) and 13(4) of the basic Regulation are
Regulation, dumping was calculated by comparing the
fulfilled, both companies may request a review of their
weighted average normal value as established in the
situation.
original Regulation and the weighted average export
prices during this investigation’s IP, expressed as a
percentage of the cif price at the Union frontier, duty
(52) One
of
these
companies
questioned,
since
there
had
not
unpaid.
been a request from the Union industry for registration,
whether Article 14(5),second sentence, of the basic Regu
lation had been respected when the registration of the
(44) The
comparison
of
the
weighted
average
normal
value
and the weighted average export prices so established
imports was instructed in the initiating Regulation.
showed dumping.
However, this was an anti-circumvention investigation
initiated by the Commission ex officio on the basis of
Article 13(3) in conjunction with the first sentence of
3. MEASURES
Article 14(5) of the basic Regulation. The second
sentence of Article 14(5) of the basic Regulation is
(45) Given the above, it was concluded that the definitive
therefore not relevant for this case. Any other interpre
anti-dumping duty imposed on imports of certain iron
tation would remove the effet utile of the fact that
or steel fasteners originating in the PRC was circum
Article 13(3) of the basic Regulation provides that the
vented by transhipment from Malaysia pursuant to
Commission can ex officio investigate possible circum
Article 13(1) of the basic Regulation.
vention.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/11
(53) The
same
company
also
alleged
that
consultation
of
the
(62) One of these eight companies was established after the
Advisory Committee, as set out in the first sentence of
imposition of the measures in force by its Chinese parent
Article 14(5) of the basic Regulation, would not have
company, which is subject to these measures. The
taken place. However, in accordance with Article 13(3)
Chinese parent company has gradually transferred part
and Article 14(5) of the basic Regulation, the initiation
of its machinery to Malaysia for the purpose of serving
was instigated by the Commission after consultation of
the EU market through Malaysia. In the start-up phase
the Advisory Committee, even though this was not
the company produced some fasteners from semi-
explicitly mentioned in the initiating Regulation.
finished products that were shipped from its Chinese
parent company for completion. At a later stage, but
still in the IP, when more machinery was transferred,
(54) Seven
companies
were
found
to
have
provided
false
or
fasteners were mainly produced from the raw material
misleading information. In accordance with Article 18(4)
steel wire rod, also shipped from its Chinese parent
of the basic Regulation, these companies were informed
company.
of the intention to disregard the information submitted
by them and were granted a time-limit to provide further
explanations.
(63) Initially it was considered that an exemption to this
company should be denied. However, in view of the
comments received after disclosure, among others with
(55) Further explanations by these companies were not such
regard to the value added to the product in Malaysia, it
that this would lead to a change in the conclusion that
was concluded that the company was not engaged in
these companies have misled the investigation. Therefore
circumvention practices. Accordingly, an exemption to
in accordance with Article 18(1) of the basic Regulation,
this company can be granted.
findings with regard to these companies were based on
facts available.
(64) Another of these eight companies is also related to a
company in the PRC that is subject to the original
(56) Two
of
these
seven
companies
were
found
to
have
measures. However this Malaysian company was estab
hidden imports of finished goods from the PRC. One
lished in 1998 by its Taiwanese owners who only at a
of these companies had also falsified invoices. Another
later stage, but still before the measures against the PRC
company in Malaysia manufacturing and exporting
came into force, established the subsidiary in the PRC.
fasteners that requested an exemption appeared to be
There is no evidence that this relationship was estab
related to this company.
lished or used to circumvent the measures in place on
imports originating in the PRC in the sense of
Article 13(4) of the basic Regulation.
(57) Two
other
companies
were
found
to
have
hidden
their
relationship to a Chinese manufacturer of certain iron or
steel fasteners.
(65) It
is
considered
that
special
measures
are
needed
in
this
case in order to ensure the proper application of such
(58) Finally,
two
other
companies
were
found
to
have
hidden
exemptions. These special measures are the requirement
their relationship to each other, not having the
of the presentation to the customs authorities of the
production capacity to produce what they export and
Member States of a valid commercial invoice, which
impeded the investigation by not providing necessary
shall conform to the requirements set out in the
information.
Annex to this Regulation. Imports not accompanied by
such an invoice shall be made subject to the extended
anti-dumping duty.
(59) In view of the findings with regard to the change in the
pattern of trade and transhipment practices, as set out in
recitals 22 to 34 above, and taking into account the
(66) Other
producers
which
did
not
come
forward
in
this
nature of the misleading information as set out in
proceeding and did not export the product under inves
recitals 56 to 58 above, the exemptions as requested
tigation during the IP, which intend to lodge a request
by these seven companies could, in accordance with
for an exemption from the extended anti-dumping duty
Article 13(4) of the basic Regulation, not be granted.
pursuant to Articles 11(4) and 13(4) of the basic Regu
lation will be required to complete a questionnaire in
order to enable the Commission to assess such a
(60) One
company
could
not
show
any
fastener
production
request. The Commission would normally also carry
facility and refused access to its accounts. Furthermore,
out an on-spot verification visit. Provided that the
evidence of transhipment practices during the IP was
conditions set in Articles 11(4) and 13(4) of the basic
found. Therefore the exemption could, in accordance
Regulation are met, an exemption may be warranted.
with Article 13(4) of the basic Regulation, not be
granted.
(67) Where
an
exemption
is
warranted,
the
Commission
will,
after consultation of the Advisory Committee, propose
(61) The
remaining
eight
Malaysian
exporting
producers
were
the amendment of this Regulation accordingly.
found not to be engaged in circumvention practices and
Subsequently, any exemption granted will be monitored
therefore exemptions to these companies can be granted.
to ensure compliance with the conditions set therein.

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L 194/12
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Official Journal of the European Union
26.7.2011
5. DISCLOSURE
2. The
application
of
exemptions
granted
to
the
companies
specifically mentioned in paragraph 1 of this Article or auth
(68) All interested parties were informed of the essential facts
orised by the Commission in accordance with Article 2(2) shall
and considerations leading to the above conclusions and
be conditional upon presentation to the customs authorities of
were invited to comment. The oral and written
the Member States of a valid commercial invoice, which shall
comments submitted by the parties were considered.
conform to the requirements set out in the Annex. If no such
With the exception of the comments received from a
invoice is presented, the anti-dumping duty as imposed by
company as set out in recitals 62 and 63 above, none
paragraph 1 of this Article shall apply.
of the arguments presented gave rise to a modification of
the definitive findings,
3. The
duty
extended
by
paragraph
1
of
this
Article
shall
be
HAS ADOPTED THIS REGULATION:
collected on imports consigned from Malaysia, whether declared
as originating in Malaysia or not, registered in accordance with
Article 2 of Regulation (EU) No 966/2010 and Articles 13(3)
and 14(5) of Regulation (EC) No
1225/2009, with the
Article 1
exception of those produced by the companies listed in
paragraph 1.
1. The
definitive
anti-dumping
duty
applicable
to
‘all
other
companies’ imposed by Article 1(2) of Regulation (EC)
No 91/2009 on imports of certain iron or steel fasteners,
other than of stainless steel, i.e. wood screws (excluding coach
4. Unless
otherwise
specified,
the
provisions
in
force
screws), self-tapping screws, other screws and bolts with heads
concerning customs duties shall apply.
(whether or not with their nuts or washers, but excluding
screws turned from bars, rods, profiles or wire, of solid
section, of a shank thickness not exceeding 6 mm and
excluding screws and bolts for fixing railway track construction
Article 2
material), and washers, originating in the People’s Republic of
China, is hereby extended to imports of certain iron or steel
1. Requests
for
exemption
from
the
duty
extended
by
fasteners, other than of stainless steel, i.e. wood screws
Article 1 shall be made in writing in one of the official
(excluding coach screws), self-tapping screws, other screws
languages of the European Union and must be signed by a
and bolts with heads (whether or not with their nuts or
person authorised to represent the entity requesting the
washers, but excluding screws turned from bars, rods, profiles
exemption. The request must be sent to the following address:
or wire, of solid section, of a shank thickness not exceeding
6 mm and excluding screws and bolts for fixing railway track
construction material), and washers, consigned from Malaysia
whether declared as originating in Malaysia or not, currently
European Commission
falling within CN codes ex 7318 12 90, ex 7318 14 91,
Directorate-General for Trade
ex 7318 14 99, ex 7318 15 59, ex 7318 15 69, ex 7318 15 81,
Directorate H
ex 7318 15 89,
ex 7318 15 90,
ex 7318 21 00
and
Office: N-105 04/92
ex 7318 22 00 (TARIC codes 7318 12 90 11, 7318 12 90 91,
1049 Brussels
7318 14 91 11,
7318 14 91 91,
7318 14 99 11,
Belgium
7318 14 99 91,
7318 15 59 11,
7318 15 59 61,
7318 15 59 81,
7318 15 69 11,
7318 15 69 61,
Fax +32 22956505
7318 15 69 81,
7318 15 81 11,
7318 15 81 61,
7318 15 81 81,
7318 15 89 11,
7318 15 89 61,
7318 15 89 81,
7318 15 90 21,
7318 15 90 71,
7318 15 90 91,
7318 21 00 31,
7318 21 00 95,
2. In
accordance
with
Article
13(4)
of
Regulation
(EC)
7318 22 00 31 and 7318 22 00 95), with the exception of
No 1225/2009, the Commission, after consulting the
those produced by the companies listed below:
Advisory Committee, may authorise, by decision, the

exemption of imports from companies which do not
circumvent the anti-dumping measures imposed by Regulation
(EC) No 91/2009, from the duty extended by Article 1.
Company
TARIC additional
code
Acku Metal Industries (M) Sdn. Bhd B123
Article 3
Chin Well Fasteners Company Sdn. Bhd B124
Customs authorities are hereby directed to discontinue the regis
Jinfast Industries Sdn. Bhd B125
tration of imports, established in accordance with Article 2 of
Regulation (EU) No 966/2010.
Power Steel and Electroplating Sdn. Bhd B126
Sofasco Industries (M) Sdn. Bhd B127
Tigges Fastener Technology (M) Sdn. Bhd B128
Article 4
TI Metal Forgings Sdn. Bhd B129
This Regulation shall enter into force on the day following its
United Bolt and Nut Sdn. Bhd B130
publication in the Official Journal of the European Union.

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EN
26.7.2011 Official
Journal
of
the
European
Union L
194/13
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 2011.
For the Council
The President
M. DOWGIELEWICZ
ANNEX
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on
the valid commercial invoice referred to in Article 1(2):
(1) the name and function of the official of the entity issuing the commercial invoice;
(2) the following declaration: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the
European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code)
in (country concerned). I declare that the information provided in this invoice is complete and correct.’;
(3) date and signature.

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