HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
14.5.2013 Official
Journal
of
the
European
Union L
129/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 430/2013
of 13 May 2013
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on
imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s
Republic of China and Thailand and terminating the proceeding with regard to Indonesia
THE COUNCIL OF THE EUROPEAN UNION,
(3) As
set
out
in
recital
15
to
the
provisional
Regulation,
the
investigation of dumping and injury covered the period
from 1 January to 31 December 2011 (‘investigation
Having regard to the Treaty on the Functioning of the European
period’ or ‘IP’). The examination of trends relevant for
Union,
the assessment of injury covered the period from
1 January 2008 to the end of the IP (‘period considered’).
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
2. Subsequent procedure
from countries not members of the European Community ( 1 )
(‘the basic Regulation’), and in particular Article 9 thereof,
(4)
Subsequent to the disclosure of the essential facts and
considerations on the basis of which it was decided to
impose provisional anti-dumping measures (‘provisional
disclosure’), several interested parties made written
Having regard to the proposal submitted by the European
submissions making their views on the provisional
Commission after having consulted the Advisory Committee,
findings known. The parties who so requested were
also granted the opportunity to be heard.
Whereas:
(5) The
Commission
continued
to
seek
and
analyse
all
the
information it deemed necessary for its definitive
A. PROCEDURE
findings.
1. Provisional measures
(1) On
15
November
2012
by
Regulation
(EU)
No
1071/2012 (
B. PRODUCT CONCERNED AND LIKE PRODUCT

2 ) (‘the provisional Regulation’) the
European Commission (‘the Commission’) imposed a
provisional anti-dumping duty on imports of threaded
(6) One
interested
party
claimed
that
the
product
they
import should not be part of the product concerned,
tube or pipe cast fittings, of malleable cast iron, orig
since its product had certain technical peculiarities.
inating in the People’s Republic of China (‘the PRC’)
Those malleable fittings use tapered threads, contrary to
and Thailand.
the parallel threads of the other imported malleable
fittings.
(2) The
proceeding
was
initiated
by
a
notice
of
initiation
( 3 )
published on 16 February 2012, following a complaint
lodged on 3 January 2012 by the Defence Committee of
(7) However,
the
investigation
has
shown
that,
apart
from
Tube or Pipe Cast Fittings, of Malleable Cast Iron of the
those technical specifications, those taper threaded
European Union (‘the complainant’) on behalf of
fittings have the same physical and technical character
producers representing more than 50 % of the total
istics as the other imported malleable fittings.
Union production of threaded tube or pipe cast fittings
Furthermore, as concerns the use, the investigation has
of malleable cast iron (‘threaded malleable fittings’).
shown that the taper threaded fittings are used in a
similar way to the other imported malleable fittings.
Indeed, in one Member State where both types are
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 318, 15.11.2012, p. 10.
used, they have been found to be interchangeable. The
( 3 ) OJ C 44, 16.2.2012, p. 33.
claim was therefore rejected.

---

L 129/2
EN
Official Journal of the European Union
14.5.2013
(8) One
interested
party
claimed
that
white-heart
malleable (13) In
the
absence
of
any
other
comments
concerning
the
threaded fittings can be sold throughout the Union, while
product concerned and the like product, the findings in
black-heart malleable threaded fittings can only be sold
recitals 17 to 21 and 23 to 28 to the provisional Regu
in Ireland, Cyprus, Malta and United Kingdom. Therefore,
lation are hereby confirmed.
allegedly, black-heart and white-heart malleable threaded
fittings do not compete fully on the Union market.
C. SAMPLING
(9) However,
the
investigation
has
shown
that
the
majority (14) Following provisional disclosure, no comments
of imports of black-heart malleable threaded fittings orig
concerning sampling of Union producers, exporting
inating in the countries concerned go to continental
producers in the PRC and unrelated importers were
European countries such as Germany, Italy, Poland or
received. Consequently, the findings set out in recitals
Spain. It is therefore concluded that black-heart and
29 to 31 to the provisional Regulation are hereby
white heart malleable threaded fittings fully compete on
confirmed.
the Union market, and not only in a limited number of
Member States.
D. DUMPING
(10) An importer reiterated its claim that bodies of
compression fittings should not fall under the definition
1. People’s Republic of China
of the product concerned. That importer argued that
bodies of compression fittings have a different use and
1.1. Market economy treatment and individual treatment
provided supporting evidence that the thread on the
body of compression fittings can be easily distinguished
(15) In
the
absence
of
any
comments
concerning
market
economy treatment and individual treatment, the
from the thread on a standard fitting, because it is done
provisional findings in recitals 32 to 46 to the
according to a different ISO standard
( 1 ). After
provisional Regulation are hereby confirmed.
considering the evidence that was submitted, it was
concluded that the product scope should be limited
accordingly.
1.2. Analogue country
(11) Two
other
interested
parties
argued
for
exclusion
from
(16) In the absence of any comments concerning the analogue
the product scope of malleable iron electrical conduit
country, the findings in recitals 47 to 53 to the
fittings and, in particular, malleable iron threaded
provisional Regulation are hereby confirmed.
circular junction boxes that are a key component of all
electrical conduit tube and conduit fittings installations.
They claimed that such junction boxes serve different
purposes (i.e. containment and protection of electrical
wiring systems, as opposed to ensuring leak-less flow
1.3. Normal value, export price, comparison
of gas or water as in the case of standard fittings inves
(17) One
Chinese
exporting
producer
claimed
that
the
normal
tigated in this proceeding). They are also easily distin
value should be calculated on the basis of the domestic
guishable from other fittings (rather than having to be
sales by the sole cooperating analogue country producer,
absolutely gas or liquid tight they have light lids when
even if they are not made in representative quantities as
assembled into a system after importation to allow easy
set out in Article 2(2) of the basic Regulation. The claim
access to cables). After careful consideration of those
can be accepted in the case of an analogue country.
arguments, it was concluded that malleable iron
Accordingly, domestic sales in the ordinary course of
threaded circular junction boxes without a lid should
trade by the sole cooperating analogue country
be excluded from the product scope.
producer were used to establish the normal value.
(12) In
view
of
the
above,
it
was
deemed
appropriate
to
revise
the product scope definition determined in the
(18) The
same
Chinese
exporting
producer
claimed
that
the
provisional Regulation. Therefore, the product
dumping margin should be established using all export
concerned is definitively defined as threaded tube or
sales, and not only for the product types directly
pipe cast fittings, of malleable cast iron, currently
comparable with the types sold by the analogue
falling within CN code ex 7307 19 10, excluding bodies
country producer on its domestic market. This claim
of compression fittings using ISO DIN 13 metric thread
was accepted. For these not directly comparable
and malleable iron threaded circular junction boxes
product types, the normal value was based on the arith
without a lid.
metical average normal value for the matching product
types, adjusted by the market value of the differences in
( 1 ) Compression fittings use ISO DIN 13 metric threads, while standard
the physical characteristics pursuant to Article 2(10)(a) of
threaded fittings usually use ISO 7/1 and ISO 228/1 threads.
the basic Regulation.

---

EN
14.5.2013 Official
Journal
of
the
European
Union L
129/3
(19) In
the
absence
of
any
other
comments
concerning
the
Company Dumping
Margin
(%)
normal value, export price and comparison, the findings
in recitals 54, 59 to 61 and 64 to 67 to the provisional
Hebei Jianzhi 57,8
Regulation are hereby confirmed.
Jinan Meide 40,8
1.4. Dumping margins
Qingdao Madison 24,6
(20) For the sampled companies, the weighted average normal
Other cooperating companies 41,1
value of each type of the like product established for the
analogue country was compared with the weighted
All other companies 57,8
average export price of the corresponding type of the
product concerned, as provided for in Article 2(11) and
(12) of the basic Regulation.
2. Indonesia
2.1. Normal value, export price and comparison
(21) On
this
basis
the
definitive
dumping
margins
expressed
as a percentage of the CIF Union frontier price, duty
(27) In
the
absence
of
any
comments
concerning
normal
unpaid, are as follows:
value, export price and comparison, the findings in

recitals 75 to 87 and 91 to the provisional Regulation
with regard to Indonesia are hereby confirmed.
Company Dumping
Margin
(%)
2.2. Dumping margins
Hebei Jianzhi 57,8
(28) Given
that
the
level
of
cooperation
was
considered
high
Jinan Meide 40,8
(the volume of exports of the sole cooperating
Indonesian company represented more than 80 % of
Qingdao Madison 24,6
total Indonesian exports to the Union during the IP),
the dumping margin for all other Indonesian exporting
producers was set at the same level as for the
cooperating company.
(22) The weighted average dumping margin of the

cooperating exporting producers not included in the
sample was calculated in accordance with the provisions
(29) On
this
basis
the
definitive
dumping
margins
for
the
of Article 9(6) of the basic Regulation. Accordingly, that
Indonesian companies expressed as a percentage of the
margin was established on the basis of the margins estab
CIF Union frontier price, duty unpaid, are as follows:
lished for the sampled exporting producers.
Company Dumping
Margin
(%)
(23) On that basis, the dumping margin for the cooperating
companies not included in the sample was established at
PT. Tri Sinar Purnama 11,0
41,1 %.
All other companies 11,0
(24) With
regard
to
all
other
exporting
producers
in
the
PRC,
the dumping margins were established on the basis of
3. Thailand
the facts available in accordance with Article 18 of the
basic Regulation. To that end the level of cooperation
3.1. Normal value, export price and comparison
was first established by comparing the volume of
exports to the Union reported by the cooperating
(30) No
comments
were
received
that
would
lead
to
any
exporting producers with the volume of Chinese
change in the methodology applied or the actual
exports, as established in recital 51 below.
dumping calculation performed with regard to Thailand.
(25) As
the
cooperation
accounted
for
more
than
50
%
of
(31) Consequently,
the
findings
in
recitals
75
to
88
of
the
total Chinese exports to the Union and the industry
provisional Regulation concerning normal value, export
can be considered fragmented due to the high number
price and comparison with regard to Thailand are hereby
of exporting producers in the PRC, the level of
confirmed.
cooperation can be considered high. Therefore, the
residual dumping margin was set at the level of the
3.2. Dumping margins
sampled company with the highest dumping margin.
(32) A
review
and
fine-tuning
of
the
dumping
calculation
resulted in a slightly lower dumping margin of 15,5 %
(26) On
this
basis
the
definitive
dumping
margins
expressed
for one of the Thai exporting producers. The dumping
as a percentage of the CIF Union frontier price, duty
margin for the other cooperating exporting producer is
unpaid, are as follows:
definitively confirmed at the provisional level.

---

L 129/4
EN
Official Journal of the European Union
14.5.2013
(33) Given
that
the
level
of
cooperation
was
considered
high
producer from the Union industry, and second, no
(the volume of exports of the two cooperating Thai
evidence was provided that the relationship/link
companies represented more than 80 % of total Thai
between the Union producer and the importer, if any,
exports to the Union during the IP), the dumping
would meet the criteria of Article 4(2) of the basic Regu
margin for all other Thai exporting producers was set
lation. Furthermore, the quantities imported by the
at the level of the highest dumping margin of the two
allegedly related importer are only a small fraction of
cooperating companies.
the quantities produced and sold by the allegedly
related Union producer. Therefore, even if a relation
ship/link were to be found to exist between the Union
(34) On this basis the definitive dumping margins for the Thai
producer and the importer, the Union producer would
companies expressed as a percentage of the CIF Union
still be considered part of the Union industry.
frontier price, duty unpaid, are as follows:
(39) With
regard
to
the
definition
of
the
Union
industry
for
the purposes of the injury assessment, all Union
Company Dumping
Margin
(%)
producers manufacturing the like product during the
BIS Pipe Fitting Industry Co., Ltd 15,5
period considered are considered to constitute the
Union industry and they will therefore be referred to as
Siam Fittings Co., Ltd 50,7
the ‘Union industry’ within the meaning of Article 4(1) of
the basic Regulation.
All other companies 50,7
3. Union consumption
E. INJURY
(40) One interested party commented on the fact that during
1. Union production
the whole period considered, the production of the
Union industry exceeds its sales. At the same time, a
(35) In
the
absence
of
any
comments
with
regard
to
Union
decrease in stocks was reported, which is implausible
production, recital 94 to the provisional Regulation is
as production exceeding sales should lead to an
hereby confirmed. It is added that during the period
increase in stocks.
considered the like product was manufactured by three
more producers in the Union that ceased production
between 2008 and 2009, and another producer which
ceased production around the end of the period
(41) It is noted in this respect that indeed, while at the
considered.
provisional stage production and stocks were found to
have been reported correctly, an error occurred in
reporting the Union sales of the Union industry and
some sales volumes of the non-sampled Union
2. Definition of the Union industry
producers were not completely taken account of. This
(36) Interested
parties
claimed
that
both
sampled
groups
of
was corrected and as a consequence, the Union
Union producers are importing the product concerned,
consumption and market shares on the Union market
and should not therefore be considered part of the Union
also had to be revised accordingly. Due to the shut-
industry pursuant to Article 4(1)(a).
down of three Union producers during the period
considered mentioned in recital 113 to the provisional
Regulation, the revision with regard to the Union
consumption has a more significant impact at the
(37) In
this
respect,
it
was
established
that
both
sampled
beginning of the period considered.
groups of Union producers do indeed import the
product concerned. However, first, it should be noted
that the finding that a Union producer is also an
importer of the product concerned does not lead auto
(42) Union consumption significantly decreased by 28
%
matically to the exclusion of this Union producer from
between 2008 and 2009, subsequently increasing by 7
the Union industry, and second, for each of the Union
percentage points to a level of 21 % below the
producers, these imports were minor compared to the
consumption at the beginning of the period considered.
total production and sales of the groups of companies.
It is therefore confirmed that both groups of companies
are considered part of the Union industry.
Union consumption (tonnes)
2008 2009 2010 IP
(38) In
addition,
one
interested
party
claimed
that
one
Union
producer should not be considered part of the Union
Union
84 270 60
807 60
640 66
493
industry, since the Union producer is allegedly related
consumption
to an importer of the product concerned. However,
first, it should be noted that the finding of a relationship/
Index 100 72 72 79
link between a Union producer and an exporter does not
Source: Complaint data, Eurostat and questionnaire replies.
lead automatically to the exclusion of that Union

---

EN
14.5.2013 Official
Journal
of
the
European
Union L
129/5
4. Imports from the countries concerned
Regulation are too high, as the relevant CN code includes
all types of malleable cast iron fittings, not only threaded
4.1. Cumulative assessment of the effects of the imports
fittings.
concerned
(43) With
regard
to
the
volumes
of
the
dumped
imports
from
Indonesia, it is definitively confirmed that they
(50) In this respect, it is noted that not the full quantities
constituted only around 2,5 % of all imports of the like
reported in the CN code were presumed to be threaded
product to the Union during the IP. Therefore, they can
fittings. The volumes reported in the provisional Regu
be considered as not constituting a cause of material
lation were already corrected downwards, based on
injury to the Union industry in the sense of Article 9(3)
information provided by national customs authorities.
of the basic Regulation or the provisions of the WTO
These volumes were in line with the information
Anti-Dumping Agreement.
contained in the complaint. Interested parties had
sufficient time to comment on this. However, no
information in this regard was submitted by any
interested party either before the publication of the
provisional Regulation, nor within the time limit
(44) In the light of the above, it is definitively decided not to
granted for submitting comments to the provisional
cumulate those imports with the dumped imports from
Regulation. The Chinese Chamber of Commerce
the PRC and Thailand.
provided some quantified information concerning the
allegedly correct level of Chinese imports very late in
the procedure, almost two months after the deadline
for submitting comments to the provisional Regulation,
(45) Regarding
the
cumulative
assessment
of
imports
from
the
which means it was provided only almost one year after
PRC and Thailand for the purpose of the injury and
the initiation of the investigation, when the import
causation analysis, interested parties claimed that Thai
figures were disclosed for the first time in the non-
imports should not be cumulatively assessed with
limited version of the complaint. The submission of
Chinese imports for a number of reasons.
this information outside the deadline does not allow
for its verification through an objective process of exam
ination without unduly extending the period of the inves
tigation beyond the overriding 15-month deadline as laid
(46) Firstly,
it
was
argued
that
the
sales
quantity
of
Thai
down in Article 6(9) of the basic Regulation. In any case,
imports is much lower than that of Chinese imports,
this information appears to substantially understate the
and that the sales quantity of Thai imports is decreasing
Chinese import quantities, since it is based on estimates
in absolute terms. However, the quantity of Thai imports
concerning exports of cooperating companies only and
is not negligible, and therefore sufficient to allow cumu
could not therefore be regarded as accurate. This claim
lation. In addition, even though the Thai imports are
therefore was rejected.
decreasing in absolute terms as demonstrated in the
table in recital 51 below, they were gaining 19 % of
market share during the period considered, as demon
(51) However,
a
number
of
importers
provided
information
strated in the table in recital 52 below.
concerning their imports of products other than the
product concerned imported under the same CN code
during the period considered. This information could
be taken into account, and the import volumes from
(47) In
terms
of
prices,
it
was
argued
that
Thai
imports
are
the countries concerned were revised downwards accord
sold, on average, at higher prices than Chinese imports.
ingly.
While this is correct, Thai imports are nevertheless
significantly undercutting Union industry prices.
Furthermore, the price difference between Thai imports
and Chinese imports was constantly decreasing during
Union import volume (tonnes)
the period considered from 698 EUR/tonne in 2008 to
2008 2009 2010 IP
472 EUR/tonne during the IP, as shown in the table of
recital 108 to the provisional Regulation.
PRC 24
180 20
876 20
416 28
894
Index 100 86 84 119
(48) In
the
absence
of
any
other
claim
or
comments,
the
Thailand 3
723 2
681 3
331 3
485
content of recitals 98 to 105 to the provisional Regu
lation is hereby confirmed.
Index 100 72 89 94
Two countries 27 903 23
558 23
747 32
379
concerned
4.2. Volume, market share of the dumped imports concerned,
their import prices and undercutting
Index 100 84 85 116
(49) Some
interested
parties
claimed
that
the
import
volumes
Source: Complaint data, Eurostat and questionnaire replies.
for the PRC stated in recital 106 of the provisional

---

L 129/6
EN
Official Journal of the European Union
14.5.2013
(52) As a consequence of the issue concerning the Union sales
5. Situation of the Union industry
of the Union industry mentioned in recital 41 above, the
market share of the dumped imports from the two
(57) In
the
absence
of
any
claim
or
comments,
recital
111
to
countries concerned had to be revised as well. The
the provisional Regulation is hereby confirmed.
market share of dumped imports from the two
countries concerned has increased by 15,6 percentage
points from 33,1 % to 48,7 % during the period
considered. This market share growth took place to a
5.1. Production, production capacity and capacity utilisation
large extent between 2010 and the IP, during a period
(58) In the absence of any comments with regard to
of recovering demand.
production, production capacity and capacity utilisation,
recitals 112 to 114 to the provisional Regulation are
hereby confirmed.
Union market share
2008 2009 2010 IP
5.2. Stocks
PRC 28,7
% 34,3
% 33,7
% 43,5
%
(59) In
the
absence
of
any
comments
with
regard
to
stocks,
recital 115 to the provisional Regulation is hereby
Index 100 120 117 151
confirmed.
Thailand 4,4
% 4,4
% 5,5
% 5,2
%
Index 100 100 124 119
5.3. Sales volume and market share
(60) As
a
consequence
of
the
issue
mentioned
in
recital
41
Two countries 33,1 % 38,7
% 39,2
% 48,7
%
concerned
above, the sales volume and market share of the Union
industry had to be revised as well. The sales volume of all
Union producers on the Union market significantly
Index 100 117 118 147
decreased by 36 % between 2008 and 2009 due to a
decreasing demand. After 2009, however, the demand
Source: Complaint data, Eurostat and questionnaire replies.
in the Union increased by around 6 000 tonnes, as
mentioned in recital 42 above, but the Union sales
further decreased by another 5 percentage points or
(53) One
interested
party
requested
the
aggregated
sales
price
2 440 tonnes until the end of the period considered.
information by product type for the Union industry
should be disclosed. However, since the sample of
Union producers was comprised of only two groups of
producers, as indicated in recital 111 of the provisional
Union sales volume (tonnes)
Regulation, for confidentiality reasons the actual
aggregated information could not be disclosed. This
All producers 2008 2009 2010 IP
reason also applies to the disclosure of the aggregated
sales price by product type.
Union sales 48
823 31
069 30
466 28
629
Index 100 64 62 59
(54) Interested
parties
claimed
that
the
imports
from
the
Source: Questionnaire replies sampled Union producers, complaint.
countries concerned enter the Union at a different level
of trade than the goods sold by the Union producers.
Indeed, it was confirmed that this is the case, and the
Union industry and the importers typically share a
substantial number of customers. The claim could
(61) The
market
share
of
the
Union
industry
continuously
therefore be accepted and an allowance in the form of
decreased by 26 % or 14,8 percentage points during
an adjustment for level of trade was applied.
the period considered, while the dumped imports
gained 15,6 percentage points of market share during
the same period, as indicated in recital 52 above.
(55) As a result the undercutting margins given in recital 110
to the provisional Regulation were revised downwards.
Nevertheless, the undercutting margins found typically
Union market share
remain substantial at 25 % to 45 %, with the sole
exception of one Thai exporter where the undercutting
All producers 2008 2009 2010 IP
margin found was around 10 %.
Market share 57,9
% 51,1
% 50,2
% 43,1
%
Index 100 88 87 74
(56) In
the
absence
of
any
other
claim
or
comments,
the

content of recitals 108 to 109 to the provisional Regu
Source: Complaint data, Eurostat and questionnaire replies.
lation is hereby confirmed.

---

EN
14.5.2013 Official
Journal
of
the
European
Union L
129/7
(62) One
interested
party
claimed
that
the
market
shares
in
(67) Due to the limited volumes and the stable trend, it can
the non-domestic market segment in the United
be concluded that imports from third countries other
Kingdom would show different market shares, with the
than the countries concerned have not contributed to
Union industry holding a larger market share, while the
the injury suffered by the Union industry during the IP.
market share of Chinese imports would be smaller on
this particular segment of the Union market.
1.2. Development of Union consumption
(63) It may very well be the case that the Union industry
holds a higher market share in a particular market
(68) Interested
parties
argued
that
the
Union
consumption
segment in a single Member State. It is indeed normal
developed negatively due to the emergence of substitute
that the various economic operators do not have the
products manufactured with different materials other
same market shares in all market segments of all
than malleable cast iron, such as plastic, stainless steel,
Member States. However, the present injury analysis
carbon steel and copper, as well as new connection tech
covers the Union market as a whole. In this respect, it
nologies. As a consequence, some Union producers have
was indeed confirmed that the market share of the Union
broadened their product range, which now also includes
industry significantly decreased, as explained above.
some of these substitute products.
6. Conclusion on injury
(69) In this respect, it is noted that the substitution effects
(64) In
the
absence
of
any
other
claim
or
comments,
the
were addressed in recital 146 to the provisional Regu
content of recitals 118 to 133 to the provisional Regu
lation. These substitution effects had a negative impact
lation including the conclusion that Union industry has
on the Union consumption, which as a consequence had
suffered material injury within the meaning of Article 3(5)
an effect on production and sales volume of the Union
of the basic Regulation is hereby confirmed.
producers.
F. CAUSATION
1. Effect of other factors
(70) However,
as
already
indicated
in
the
provisional
Regu
lation, the injurious effect of the shrinking Union
1.1. Imports from other third countries
consumption was aggravated by the steady increase of
dumped imports which gained 15,6 percentage points of
(65) As a consequence of the issue concerning the Union sales
market share in a shrinking market. As indicated in
of the Union industry mentioned in recital 41 above, the
recital 60 above, the demand in the Union increased
market share of the other third countries had to be
by around 6 000 tonnes between 2009 and the IP, but
revised as well. For the other third countries, there
the Union industry’s sales further decreased by
were limited imports throughout the whole period
another 2 440 tonnes until the end of the period
considered. The total market share of imports from
considered in a recovering market.
countries other than the two countries concerned has
decreased during the period considered by 0,8 percentage
points, from 9,0 % to 8,2 %.
(71) On the basis of the above, it is concluded that the
negative development of Union consumption does not
(66) The
next
largest
sources
of
imports
during
the
IP
were
Brazil, Indonesia and Turkey, which held market shares
break the causal link between the dumped imports and
between 1,3 % and 1,5 %, and all of these countries had
the injury suffered by the Union industry.
stable or decreasing market shares during the period
considered.
1.3. Decrease in production capacity not due to dumped
imports
Import market share
(72) Interested
parties
claimed
that
the
decrease
in
the
Union
2008 2009 2010 IP
production capacity mentioned in recital 113 to the
Brazil 3,1
% 3,6
% 3,9
% 1,5
%
provisional Regulation is due to the shutdown of three
Union producers between 2008 and 2009 due to the
Indonesia 1,5
% 2,4
% 1,9
% 1,5
%
economic crisis. This decrease can therefore allegedly
not be attributed to imports from the countries
Turkey 1,3
% 1,9
% 1,8
% 1,3
%
concerned.
Other Countries 3,0
% 2,3
% 3,1
% 3,9
%
Total 9,0
% 10,2
% 10,6
% 8,2
%
(73) In
this
respect,
it
is
pointed
out
that
it
was
already
Index 100 114 118 92
mentioned in recital 113 to the provisional Regulation
that the main reason for the reduction of the production
Source: Eurostat.
capacity was the shutdown of three Union producers.

---

L 129/8
EN
Official Journal of the European Union
14.5.2013
(74) However,
the
shutdown
of
the
three
Union
producers
decreasing demand on the Union industry’s negative
cannot only be seen as an effect of decreasing demand.
developments in terms of production capacity,
During the period considered, the shrinking Union
production and sales was limited.
market referred to in recital 42 above has been subject
to continuously increasing imports from the countries
concerned, which gained 15,6 percentage points of
market share, as explained in recital 52 above. It is
(79) Given
the
above
analysis,
which
has
properly
distin
therefore clear that not only the decreasing demand has
guished and separated the effects of all the known
contributed to the shutdown of three Union producers
factors on the situation of the Union industry from the
and thereby to the decrease of the production capacity of
injurious effects of the dumped imports, it is hereby
the Union industry. There is also a clear link between the
confirmed that these other factors as such do not
decrease in the Union production capacity and the
reverse the fact that the assessed injury must be
increasing market share of dumped imports.
attributed to the dumped imports.
G. UNION INTEREST
1.4. Imports of the product concerned by Union producers
(80) In the absence of any comments, recitals 154 to 164 to
the provisional Regulation, including the conclusion that
(75) Interested
parties
claimed
that
the
injury
suffered
by
no compelling reasons exist against the imposition of
Union producers was self-inflicted, as they allegedly
measures on the dumped imports from the countries
imported significant quantities of the product concerned.
concerned are hereby confirmed.
This claim was not supported by the findings of the
investigation. Information supplied by both the Union
producers and the cooperating exporters showed that,
for each of the sampled groups of Union producers,
H. DEFINITIVE MEASURES
these imports were minor compared to their total
production and sales of own-produced goods as already
1. Injury elimination level
indicated in recital 37 above. Given the insignificance of
the volumes of imports of the product concerned by the
(81) The injury elimination levels were adjusted to take into
Union industry, it was concluded that those imports did
account the level of trade adjustment made in the calcu
not contribute to the injury suffered by the Union
lation of undercutting as set out in recitals 54 and 55
industry. Consequently, the claim was rejected.
above. In the absence of any other specific comments,
recitals 165 to 170 to the provisional Regulation are
hereby confirmed.
1.5. Use of 2008 as a starting year
2. Definitive measures
(76) Interested
parties
claimed
that
the
deteriorating
trend
of
(82) In
view of the conclusions reached with regard to
the EU industry is largely based on the use of 2008 as a
dumping, injury, causation and Union interest, and in
reference point for the period considered. Allegedly,
accordance with Article 9 of the basic Regulation, it is
2008 was an exceptionally good year for the Union
considered that a definitive anti-dumping duty should be
industry. However, information included in the
imposed on imports of the product concerned orig
complaint suggests that the situation of the EU
inating in the PRC and Thailand at the level of the
industry in 2007 was similar or better than the
lowest of the dumping and injury margins found, in
situation in 2008. It is therefore concluded that the
accordance with the lesser duty rule, which is in all,
finding of injury does not depend on the use of 2008
but one, cases the dumping margin.
as a starting year.
(83) Given the high level of cooperation of the Chinese and
Thai exporting producers, the ‘all other companies’ duty
2. Conclusion on causation
for both countries was set at the level of the highest duty
to be imposed on the companies, respectively, sampled
(77) Account taken of the above and in the absence of any
or cooperating in the investigation from the respective
other claim or comments, the content of recitals 134 to
country. The ‘all other companies’ duty will be applied to
153 to the provisional Regulation is hereby confirmed.
those companies that had not cooperated in the investi
gation and to companies that have not had exports of
the product concerned to the Union during the IP.
(78) In conclusion, it is confirmed that the material injury of
the Union industry, which is characterised by decreasing
(84) For
the cooperating non-sampled Chinese companies
profitability, production volumes, capacity utilisation,
listed in the Annex to this Regulation, the definitive
sales volumes and market share was caused by the
duty rate is set at the weighted average of the rates of
dumped imports concerned. Indeed, the effect of
the sampled companies.

---

EN
14.5.2013 Official
Journal
of
the
European
Union L
129/9
(85) The
rates
of
the
definitive
anti-dumping
duties
are
as
relevant information, in particular any modification in
follows:
the company’s activities linked to production, domestic
and export sales associated with, for example, that name
change or that change in the production and sales
People’s Republic of China
entities. If appropriate, the Regulation will then be
amended accordingly by updating the list of companies
Company
Dumping
Injury margin
benefiting from individual duty rates.
margin (%)
(%)
Duty Rate (%)
Hebei Jianzhi
57,8 96,1 57,8
Casting Group Ltd
(88) With regard to the PRC, in order to ensure equal
treatment between any new exporters and the
cooperating companies not included in the sample,
Jinan Meide Casting
40,8 84,4 40,8
Co., Ltd
provision should be made for the weighted average
duty imposed on the latter companies to be applied to
any new exporters which would otherwise be entitled to
Qingdao Madison
24,6 89,4 24,6
Industrial Co., Ltd
a review pursuant to Article 11(4) of the basic Regulation
as that Article does not apply where sampling has been
used.
Other cooperating
41,1 86,3 41,1
companies
All other
57,8
(89) All
parties
were
informed
of
the
essential
facts
and
companies
considerations on the basis of which it was intended to
recommend the imposition of a definitive anti-dumping
duty on imports of threaded tube or pipe cast fittings, of
malleable cast iron, originating in the PRC and Thailand,
Thailand
and the definitive collection of the amounts secured by
way of the provisional duty (‘final disclosure’). They were
also granted a period within which they could make
Company
Dumping
Injury margin
margin (%)
(%)
Duty Rate (%)
representations subsequent to this disclosure.
BIS Pipe Fitting
15,5 43,1 15,5
Industry Co., Ltd
(90) Given that following the final disclosure no new
arguments that would influence the outcome of the
Siam Fittings Co.,
50,7 14,9 14,9
assessment of the case were brought forward, no modi
Ltd
fication of the findings as detailed above is warranted.
All other
15,5
companies
I. UNDERTAKING
(91) One
cooperating
Thai
exporting
producer
offered
a
price
(86) The individual company anti-dumping duty rates
undertaking in accordance with Article 8(1) of the basic
specified in this Regulation were established on the
Regulation. However, the product concerned exists in a
basis of the findings of the present investigation.
multitude of product types (the exporting producer
Therefore, they reflect the situation found during this
reported over 900 product types sold to the EU), for
investigation with respect to these companies. These
which prices vary significantly (by up to 200 % within
duty rates (as opposed to the country-wide duty
the most sold types but some less sold product types
applicable to ‘all other companies’) are thus exclusively
may be even 10 times as expensive as others), thus
applicable to imports of product concerned originating in
posing a very high risk of cross-compensation. In
the PRC and Thailand and produced by the companies
addition, the product types may evolve in design and
and thus by the specific legal entities mentioned.
finishing. It was therefore considered that the product
Imported product concerned produced by any other
is not suitable for a price undertaking. Also, it has
company not specifically mentioned in the operative
been the Commissions consistent practice during the
part of this Regulation with its name and address,
last years not to accept undertakings in cases where
including entities related to those specifically mentioned,
the product exists in such a multitude of types.
cannot benefit from these rates and shall be subject to
Consequently, the undertaking offer was rejected.
the duty rate applicable to ‘all other companies’.
J. DEFINITIVE COLLECTION OF THE PROVISIONAL
(87) Any
claim
requesting
the
application
of
an
individual
DUTY
company anti-dumping duty rate (e.g. following a
change in the name of the entity or following the
(92) In view of the magnitude of the dumping margin found
setting up of new production or sales entities) should
and given the level of the injury caused to the Union
be addressed to the Commission ( 1 ) forthwith with all
industry, it is considered necessary that the amounts
secured by way of a provisional anti-dumping duty
( 1 ) European Commission, Directorate-General for Trade, Directorate H,
imposed by the provisional Regulation should be defini
Office N105, 1049 Bruxelles/Brussel, BELGIQUE/BELGI.
tively collected. Where the definitive duties are higher

---

L 129/10
EN
Official Journal of the European Union
14.5.2013
than the provisional duties, only the amounts secured at
TARIC
the level of provisional duties should be definitively
Country Company Duty
Rate
(%)
additional
collected, while the amounts secured in excess of the
code
definitive rate of anti-dumping duties should be released.
Hebei XinJia Casting Co.,
41,1 B338
Ltd — XuShui County
(93) As
bodies
of
compression
fittings
using
ISO
DIN
13
metric thread and malleable iron threaded circular
Shijiazhuang Donghuan
41,1 B339
junction boxes without having a lid are now excluded
Malleable Iron Castings
from the product scope (see recitals 8 and 11 above), the
Co., Ltd — Xizhaotong
Town
amounts provisionally secured on imports of bodies of
compression fittings using ISO DIN 13 metric thread and
Linyi Oriental Pipe
41,1 B340
malleable iron threaded circular junction boxes without
Fittings Co., Ltd — Linyi
having a lid should be released.
City
K.
China Shanxi Taigu
41,1 B341
TERMINATION OF THE PROCEEDING WITH
County Jingu Cast Co.,
REGARD TO INDONESIA
Ltd — Taigu County
(94) As
explained
in
recital
43
above,
the
volumes
of
the
dumped imports from Indonesia can be considered as
Yutian Yongli Casting
41,1 B342
Factory Co., Ltd —
not constituting a cause of material injury to the
Yutian County
Union industry. Consequently, it is considered that
protective measures are not necessary and that the
Langfang Pannext Pipe
41,1 B343
proceeding with regard to Indonesia should be
Fitting Co., Ltd —
terminated.
LangFang, Hebei
Tangshan Daocheng
41,1 B344
(95) All
parties
were
informed
of
the
essential
facts
and
Casting Co., Ltd —
considerations on the basis of which it was intended to
Hongqiao Town, Yutian
recommend the termination and no objections were
County
raised,
Tangshan Fangyuan
41,1 B345
Malleable Steel Co., Ltd
HAS ADOPTED THIS REGULATION:
— Tangshan
Taigu Tongde Casting
41,1 B346
Article 1
Co., Ltd — Nanyang
Village, Taigu
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
imports of threaded tube or pipe cast fittings, of malleable
All other companies 57,8 B999
cast iron, excluding bodies of compression fittings using ISO
DIN 13 metric thread and malleable iron threaded circular
Thailand BIS
Pipe
Fitting
Industry 15,5 B347
junction boxes without having a lid, currently falling within
Co., Ltd — Samutsakorn
CN code ex 7307 19 10 (TARIC code 7307 19 10 10) and orig
inating in the People’s Republic of China (‘PRC’) and Thailand.
Siam Fittings Co., Ltd —
14,9 B348
Samutsakorn
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
the net free-at-Union-frontier price, before duty, of the product
All other companies 15,5 B999
described in paragraph 1 and manufactured by the companies
listed below, shall be as follows:
3. Unless
otherwise
specified,
the
provisions
in
force
concerning customs duties shall apply.
TARIC
Country Company Duty
Rate
(%)
additional
code
Article 2
PRC Hebei
Jianzhi
Casting
57,8 B335
1. Amounts
secured
by
way
of
provisional
anti-dumping
Group Ltd — Yutian
duties pursuant to Regulation (EU) No 1071/2012 on imports
County
of threaded tube or pipe cast fittings, of malleable cast iron,
excluding bodies of compression fittings using ISO DIN 13
Jinan Meide Casting Co.,
40,8 B336
Ltd — Jinan
metric thread and malleable iron threaded circular junction
boxes without having a lid, currently falling within CN code
Qingdao Madison
24,6 B337
ex 7307 19 10 (TARIC code 7307 19 10 10) and originating in

Industrial Co., Ltd —
the PRC and Thailand, shall be definitively collected. The
Qingdao
amounts secured in excess of the rates of the definitive anti-
dumping duties shall be released.

---

EN
14.5.2013 Official
Journal
of
the
European
Union L
129/11
2. The
amounts
secured
by
way
of
provisional
anti-dumping — it has actually exported to the Union the product concerned
duties pursuant to Regulation (EU) No 1071/2012 on imports
after the investigation period on which the measures are
of bodies of compression fittings using ISO DIN 13 metric
based, or it has entered into an irrevocable contractual
thread and malleable iron threaded circular junction boxes
obligation to export a significant quantity to the Union,
without having a lid and originating in the PRC and Thailand,
shall be released.
Article 1(2) may be amended by adding the new exporting
producer to the cooperating companies not included in the
sample and thus subject to the weighted average duty rate of
Article 3
41,1 %.
Where any new exporting producer in the PRC provides
sufficient evidence to the Commission that:
Article 4
The anti-dumping proceeding concerning imports of threaded
— it did not export to the Union the product described in
tube or pipe cast fittings, of malleable cast iron, currently falling
Article 1(1) during the investigation period (1 January-
within CN code ex 7307 19 10 and originating in Indonesia is
31 December 2011),
hereby terminated.
Article 5
— it is not related to any of the exporters or producers in the
PRC which are subject to the measures imposed by this
This Regulation shall enter into force on the day following that
Regulation,
of its 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, 13 May 2013.
For the Council
The President
S. COVENEY

---

Document Outline

• �

---