HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 153/8
EN
Official Journal of the European Union
14.6.2012
COMMISSION REGULATION (EU) No 502/2012
of 13 June 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Implementing Regulation (EU) No 2/2012 on imports of certain stainless
steel fasteners and parts thereof originating in the People’s Republic of China by imports of
certain stainless steel fasteners and parts thereof consigned from Malaysia, Thailand and the
Philippines, whether declared as originating in Malaysia, Thailand and the Philippines or not, and
making such imports subject to registration
THE EUROPEAN COMMISSION,
Council Implementing Regulation (EU) No 2/2012 ( 2 )
following an expiry review of the measures imposed by
Council Regulation (EC) No 1890/2005 (
Having regard to the Treaty of the Functioning of the European

3 ).
Union,
Having regard to Council Regulation (EC) No 1225/2009 of
C. GROUNDS
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(5) The
Commission
has
at
its
disposal
sufficient
prima
facie
(‘the basic Regulation’) and in particular Articles 13(3) and 14(5)
evidence that the anti-dumping measures on imports of
thereof,
certain stainless steel fasteners and parts thereof orig
inating in the People’s Republic of China are being
After having consulted the Advisory Committee in accordance
circumvented by means of the transhipment via
with Articles 13(3) and 14(5) of the basic Regulation,
Malaysia, Thailand and the Philippines.
Whereas:
(6) The
prima
facie
evidence
at
the
Commission’s
disposal
is
(1) The
European
Commission
(‘the
Commission’)
has
as follows:
decided, pursuant to Articles 13(3) and 14(5) of the
basic Regulation to investigate on its own initiative the
possible circumvention of the anti-dumping measures
imposed on imports of certain stainless steel fasteners
and parts thereof originating in the People’s Republic
(7) There
is
a
significant
change
in
the
pattern
of
trade
involving exports from the People’s Republic of China,
of China and to make imports of certain stainless steel
Malaysia, Thailand and the Philippines to the Union
fasteners and parts thereof consigned from Malaysia,
which has taken place following the imposition of
Thailand and the Philippines, whether declared as orig
measures on the product concerned, without sufficient
inating in Malaysia, Thailand and the Philippines or not,
due cause or justification for such change other than
subject to registration.
the imposition of the duty.
A. PRODUCT
(2) The
product
concerned
by
the
possible
circumvention
is
certain stainless steel fasteners and parts thereof, orig
(8) This
change
in
the
pattern
of
trade
appears
to
stem
from
inating in the People’s Republic of China, currently
the transhipment of certain stainless steel fasteners and
falling within CN codes 7318 12 10, 7318 14 10,
parts thereof originating in the People’s Republic of
7318 15 30, 7318 15 51, 7318 15 61 and 7318 15 70
China via Malaysia, Thailand and the Philippines.
(‘the product concerned’).
(3)
The product under investigation is the same as that
defined in the previous recital, but consigned from
(9) Furthermore,
the
evidence
points
to
the
fact
that
the
Malaysia, Thailand and the Philippines, whether
remedial effects of the existing anti-dumping measures
declared as originating in Malaysia, Thailand and the
on the product concerned are being undermined both
Philippines or not, currently falling within the same CN
in terms of quantity and price. Significant volumes of
codes as the product concerned. (‘the product under
imports of the product under investigation appear to
investigation’).
have replaced imports of the product concerned. In
addition, there is sufficient evidence that imports of the
product under investigation are made at prices well
B. EXISTING MEASURES
below the non-injurious price established in the investi
gation that led to the existing measures, adjusted for the
(4) The
measures
currently
in
force
and
possibly
being
increase in the costs of the raw material.
circumvented are anti-dumping measures imposed by
( 2 ) OJ L 5, 7.1.2012, p. 1.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 3 ) OJ L 302, 19.11.2005, p. 1.

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EN
14.6.2012 Official
Journal
of
the
European
Union L
153/9
(10) Finally, the Commission has sufficient prima facie
exempted from registration or measures if the
evidence that the prices of the product under investi
importation does not constitute circumvention.
gation are dumped in relation to the normal value
previously established for the product concerned,
adjusted for the increase in the costs of the raw material.
(18) Since
the
possible
circumvention
takes
place
outside
the
Union, exemptions may be granted, in accordance with
(11) Should
circumvention
practices
via
Malaysia,
Thailand
Article 13(4) of the basic Regulation, to producers in
and the Philippines covered by Article 13 of the basic
Malaysia, Thailand and the Philippines of certain
Regulation, other than transhipment, be identified in the
stainless steel fasteners and parts thereof that can show
course of the investigation, the investigation may also
that they are not related ( 1 ) to any producer subject to
cover these practices.
the measures ( 2 ) and that are found not to be engaged in
circumvention practices as defined in Article 13(1) and
D. PROCEDURE
13(2) of the basic Regulation. Producers wishing to
obtain an exemption should submit a request duly
(12) In light of the above, the Commission has concluded that
supported by evidence within the time limit indicated
sufficient evidence exists to justify the initiation of an
in Article 3(3) of this Regulation.
investigation pursuant to Article 13 of the basic Regu
lation and to make imports of the product under inves
tigation, whether declared as originating in Malaysia,
Thailand and the Philippines or not, subject to regis
E. REGISTRATION
tration, in accordance with Article 14(5) of the basic
Regulation.
(19) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
of the product under investigation should be made
subject to registration in order to ensure that, should
(a) Questionnaires
the investigation result in findings of circumvention,
anti-dumping duties of an appropriate amount can be
(13) In
order
to
obtain
the
information
it
deems
necessary
for
levied retroactively from the date of registration of
its investigation, the Commission will send question
such imports consigned from Malaysia, Thailand and
naires to the known exporters/producers and to the
the Philippines.
known associations of exporters/producers in Malaysia,
Thailand and the Philippines, to the known exporters/
producers and to the known associations of exporters/
producers in the People’s Republic of China, to the
F. TIME LIMITS
known importers and to the known associations of
importers in the Union and to the authorities of the
(20) In
the interest of sound administration, time limits
People’s Republic of China, Malaysia, Thailand and the
should be stated within which:
Philippines. Information, as appropriate, may also be
sought from the Union industry.
— interested parties may make themselves known to the
(14) In
any
event,
all
interested
parties
should
contact
the
Commission, present their views in writing and
Commission forthwith, but not later than the time
submit questionnaire replies or any other information
limit set in Article 3 of this Regulation, and request a
to be taken into account during the investigation,
questionnaire within the time limit set in Article 3(1) of
this Regulation, given that the time limit set in
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
Article 3(2) of this Regulation applies to all interested
2454/93 concerning the implementation of the Community
parties.
Customs Code, persons shall be deemed to be related only if:
(a) they are officers or directors of one another’s businesses; (b)
they are legally recognised partners in business; (c) they are
(15) The authorities of the People’s Republic of China,
employer and employee; (d) any person directly or indirectly
Malaysia, Thailand and the Philippines will be notified
owns, controls or holds 5 % or more of the outstanding voting
of the initiation of the investigation.
stock or shares of both of them; (e) one of them directly or indi
rectly controls the other; (f) both of them are directly or indirectly
controlled by a third person; (g) together they directly or indirectly
(b) Collection of information and holding of hearings
control a third person; or (h) they are members of the same family.

Persons shall be deemed to be members of the same family only if
they stand in any of the following relationships to one another: (i)
(16) All
interested
parties
are
hereby
invited
to
make
their
husband and wife; (ii) parent and child; (iii) brother and sister
views known in writing and to provide supporting
(whether by whole or half blood); (iv) grandparent and grandchild;
evidence. Furthermore, the Commission may hear
(v) uncle or aunt and nephew or niece; (vi) parent-in-law and son-in-
interested parties, provided that they make a request in
law or daughter-in-law; (vii) brother-in-law and sister-in-law
writing and show that there are particular reasons why
(OJ L 253, 11.10.1993, p. 1). In this context ‘person’ means any
they should be heard.
natural or legal person.
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
inating in the People’s Republic of China (the original anti-
(c) Exemption of registration of imports or measures
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
(17) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
original measures was established or used to circumvent the original
imports of the product under investigation may be
measures.

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L 153/10
EN
Official Journal of the European Union
14.6.2012
— producers in Malaysia, Thailand and the Philippines
regard to issues concerning access to the file, confiden
may request exemption from registration of imports
tiality, extension of time limits and the treatment of
or measures,
written and/or oral submission of views. For further
information and contact details, interested parties may
consult the Hearing Officer’s web pages on the website
— interested parties may make a written request to be
of Directorate-General for Trade (http://ec.europa.eu/
heard by the Commission.
trade/tackling-unfair-trade/hearing-officer/index_en.htm),
(21) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
HAS ADOPTED THIS REGULATION:
on the party’s making itself known within the time limits
mentioned in Article 3 of this Regulation.
Article 1
G. NON-COOPERATION
An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 1225/2009, in order to determine if
(22) In
cases
in
which
any
interested
party
refuses
access
to
or
imports into the Union of certain stainless steel fasteners and
does not provide the necessary information within the
parts thereof, consigned from Malaysia, Thailand and the Philip
time limits, or significantly impedes the investigation,
pines, whether declared as originating in Malaysia, Thailand and
findings, affirmative or negative, may be made in
the Philippines or not, currently falling within CN codes
accordance with Article 18 of the basic Regulation, on
ex 7318 12 10, ex 7318 14 10, ex 7318 15 30, ex 7318 15 51,
the basis of the facts available.
ex 7318 15 61
and
ex 7318 15 70
(TARIC
codes
7318 12 10 11,
7318 12 10 91,
7318 14 10 11,
7318 14 10 91,
7318 15 30 11,
7318 15 30 61,
(23) Where
it
is
found
that
any
interested
party
has
supplied
7318 15 30 81,
7318 15 51 11,
7318 15 51 61,
false or misleading information, the information shall be
7318 15 51 81,
7318 15 61 11,
7318 15 61 61,
disregarded and use may be made of facts available.
7318 15 61 81,
7318 15 70 11,
7318 15 70 61
and
7318 15 70 81), are circumventing the measures imposed by
Implementing Regulation (EU) No 2/2012.
(24) If
an
interested
party
does
not
cooperate
or
cooperates
only partially and findings are therefore based on the
facts available in accordance with Article 18 of the
basic Regulation, the result may be less favourable to
Article 2
that party than if it had cooperated.
The customs authorities are hereby directed, pursuant to
Article 13(3) and Article 14(5) of Regulation (EC) No
H. SCHEDULE OF THE INVESTIGATION
1225/2009, to take the appropriate steps to register the
imports into the Union identified in Article 1 of this Regulation.
(25) The investigation will be concluded, according to
Article 13(3) of the basic Regulation, within nine
months of the date of the publication of this Regulation
Registration shall expire nine months following the date of
in the Official Journal of the European Union.
entry into force of this Regulation.
I. PROCESSING OF PERSONAL DATA
The Commission, by regulation, may direct customs authorities
(26) It
is
noted
that
any
personal
data
collected
in
this
inves
to cease registration in respect of imports into the Union of
tigation will be treated in accordance with Regulation
products manufactured by producers having applied for an
(EC) No 45/2001 of the European Parliament and of
exemption of registration and having been found to fulfil the
the Council of 18 December 2000 on the protection
conditions for an exemption to be granted.
of individuals with regard to the processing of personal
data by the Community institutions and bodies and on
the free movement of such data ( 1 ).
Article 3
J.
1. Questionnaires should be requested from the Commission
HEARING OFFICER
within 15 days from publication of this Regulation in the
(27) It
is
also
noted
that
if
interested
parties
consider
that
they
Official Journal of the European Union.
are encountering difficulties in the exercise of their rights
of defence, they may request the intervention of the
Hearing Officer of Directorate-General for Trade. He
2. Interested
parties,
if
their
representations
are
to
be
taken
acts as an interface between the interested parties and
into account during the investigation, must make themselves
the Commission services, offering, where necessary,
known by contacting the Commission, present their views in
mediation on procedural matters affecting the protection
writing and submit questionnaire replies or any other
of their interests in this proceeding, in particular with
information within 37 days from the date of the publication
of this Regulation in the Official Journal of the European Union,
( 1 ) OJ L 8, 12.1.2001, p. 1.
unless otherwise specified.

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EN
14.6.2012 Official
Journal
of
the
European
Union L
153/11
3. Producers
in
Malaysia,
Thailand
and
the
Philippines provided by interested parties on a confidential basis shall be
requesting exemption from registration of imports or
labelled as ‘Limited’ ( 1 ) and, in accordance with Article 19(2) of
measures should submit a request duly supported by evidence
the basic Regulation, shall be accompanied by a non-
within the same 37-day time limit.
confidential version, which will be labelled ‘For inspection by
interested parties’.
4. Interested parties may also apply to be heard by the
Commission within the same 37-day time limit.
Commission address for correspondence:
5. Interested
parties
are
required
to
make
all
submissions
and
requests in electronic format (the non-confidential submissions
European Commission
via e-mail, the confidential ones on CD-R/DVD), and must
Directorate-General for Trade
indicate the name, address, e-mail address, telephone and fax
Directorate H
numbers of the interested party. However, any Powers of
Office: N105 4/92
Attorney, signed certifications, and any updates thereof, accom
1049 Bruxelles/Brussel
panying questionnaire replies shall be submitted on paper, i.e.
BELGIQUE/BELGI
by post or by hand, at the address below. Pursuant to
Article 18(2) of the basic Regulation if an interested party
Contact:
cannot provide its submissions and requests in electronic
format, it must immediately inform the Commission. For
Case mailbox: TRADE-STEEL-FAST-13-A@ec.europa.eu
further information concerning correspondence with the
Fax +32 22984139
Commission, interested parties may consult the relevant
web page on the website of Directorate-General for Trade:
Article 4
http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence. All
written submissions, including the information requested in
This Regulation shall enter into force on the day following that
this Regulation, questionnaire replies and correspondence
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 13 June 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) A ‘Limited’ document is a document which is considered confidential
pursuant to Article 19 of Regulation (EC) No 1225/2009 and
Article 6 of the WTO Agreement on Implementation of Article VI
of the GATT 1994 (Anti-Dumping Agreement). It is also a
document protected pursuant to Article 4 of Regulation (EC) No
1049/2001 of the European Parliament and of the Council
(OJ L 145, 31.5.2001, p. 43).

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