10.10.2015   

EN

Official Journal of the European Union

L 265/4

(1)

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

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

(2)

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

(3)

The Council imposed individual duty rates on imports of the product concerned ranging from 0 % to 12,5 % for the sampled companies and the weighted average duty of 5 % for the cooperating non-sampled companies. A list of the cooperating exporting producers not included in the sample is contained in Annex to Implementing Regulation (EU) No 1106/2013. This Annex was amended by Commission Implementing Regulation (EU) 2015/1019 (3).

(4)

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

(5)

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

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

(6)

The Indian company Amar Precision Wire Products Pvt., Ltd (‘the applicant’ or ‘Amar’) requested to be granted the duty rate applicable to the cooperating companies not included in the sample (‘new exporting producer treatment’ or ‘NEPT’).

(7)

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

(8)

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

(9)

The Commission sought and verified all information it deemed necessary for the purpose of determining whether the applicant met the three criteria to be granted NEPT. Verification visit was carried out at the premise of:

(10)

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

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

(11)

The applicant admitted in its NEPT questionnaire reply that it actually had exported to the Union in the original investigation period but it was only one sample transaction of minor quantity and value of below EUR 500, made by air shipment. The documents verified on spot (including the exchange of correspondence leading to this shipment and further exchange) confirmed the sample character of the transaction. Therefore it is concluded that this transaction is not a reason to reject the applicant's request for NEPT.

(12)

The Commission informed the applicant and the Union industry of the above findings and gave them the opportunity to comment. No comments were received.

(13)

A new TARIC (Integrated Tariff of the European Union) additional code (B121) needs to be attributed to the applicant. Purely for technical integration reasons in TARIC, this Regulation should amend Council Implementing Regulation (EU) No 861/2013 (4) by attributing the same TARIC additional code (B121) to the applicant.

(14)

This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EC) No 1225/2009,