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3.7.2013 Official
Journal
of
the
European
Union L
184/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 638/2013
of 2 July 2013
terminating the investigation concerning possible circumvention of anti-dumping measures imposed
by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the
People’s Republic of China by imports of certain aluminium foil in rolls which are not annealed and
of a width exceeding 650 mm originating in the People’s Republic of China
THE EUROPEAN COMMISSION,
(4) The
request
contained prima facie evidence that the
existing measures are being circumvented by means of
Having regard to the Treaty on the Functioning of the European
imports of the product under investigation and its
Union,
subsequent conversion into aluminum foil in rolls of a
width not exceeding 650 mm, being the product subject
to the existing measures.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
(5)
Pursuant to Article 13(3) and Article 14(5) of the basic
from countries not members of the European Community ( 1 )
Regulation, the Commission, after consultation of the
(‘the basic Regulation’), and in particular Article 9(2) and 13(3)
Advisory Committee, by Regulation (EU) No
thereof,
973/2012 ( 3 ) initiated an investigation and directed the
customs authorities to register imports of the product
After having consulted the Advisory Committee,
under investigation.
Whereas:
(6) Questionnaires
were
sent
to
nine
exporting
producers
and to the authorities in the PRC. Neither the
exporting producers nor the authorities in the PRC
1. PROCEDURE
came forward and submitted a questionnaire reply. Ques
tionnaires were also sent to sixteen importers in the
(1) By
Regulation
(EC)
No
925/2009
( 2 ), the Council
imposed a definitive anti-dumping duty on imports of
Union. Only one importer came forward but did not
certain aluminium foil originating, inter alia, in the
submit a questionnaire reply.
People’s Republic of China (‘the PRC’) (‘the existing
measures’).
2. WITHDRAWAL OF THE REQUEST AND
TERMINATION OF THE INVESTIGATION
(2) On
24
September
2012,
the
European
Commission
(‘the (7) By
letters
of
3
and
4
April
2013
to
the
Commission,
the
Commission’) received a request pursuant to Article 13(3)
four Union producers formally withdrew their request to
and 14(5) of the basic Regulation to investigate the
investigate the possible circumvention of the existing
possible circumvention of the existing measures and to
measures.
make imports of aluminium foil of a thickness of not less
than 0,008 mm and not more than 0,018 mm, not
(8)
Under Article 9(1) and Article 13(3) of the basic Regu
backed, not further worked than rolled, in rolls which
lation, the investigation may be terminated where the
are not annealed, of a width exceeding 650 mm and of a
request is withdrawn, unless such termination would
weight exceeding 10 kg and currently falling within CN
not be in the Union interest.
code ex 7607 11 19 (TARIC code 7607 11 19 20), orig
inating in the People’s Republic of China (‘the product
(9) The
Commission
considered
that
the
present
investi
under investigation’) subject to registration.
gation should be terminated since the investigation had
not brought to light any considerations showing that
(3) The
request
was
lodged
by
Symetal
SA,
Eurofoil
such termination would not be in the Union interest.
Luxembourg SA, Alcomet and Hydro Aluminium
Interested parties were informed accordingly and were
Rolled Products GmbH, four Union producers of
given the opportunity to comment. No comments were
aluminium foil.
received indicating that such termination would not be in
the Union interest.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 262, 6.10.2009, p. 1.
( 3 ) OJ L 293, 23.10.2012, p. 28.

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L 184/2
EN
Official Journal of the European Union
3.7.2013
(10) The
Commission
therefore
concludes
that
the
investi
Republic of China by imports of aluminium foil of a
gation concerning the possible circumvention of anti-
thickness of not less than 0,008 mm and not more than
dumping measures imposed on imports of certain
0,018 mm, not backed, not further worked than rolled, in
aluminium foil originating in the People’s Republic of
rolls which are not annealed, of a width exceeding 650 mm
China by imports of certain aluminium foil in rolls
and of a weight exceeding 10 kg and currently falling within
which are not annealed and of a width exceeding
CN code ex 7607 11 19 (TARIC code 7607 11 19 20), orig
650 mm originating in the People’s Republic of China
inating in the People’s Republic of China, is hereby terminated.
should be terminated.
Article 2
(11) The registration of imports of the product under inves
tigation introduced by Regulation (EU) No 973/2012
Customs authorities shall discontinue the registration of imports
should therefore be discontinued and Regulation (EU)
established in accordance to Article 2 of Regulation (EU) No
No 973/2012 be repealed,
973/2012.
HAS ADOPTED THIS REGULATION:
Article 3
Article 1
Regulation (EU) No 973/2012 is hereby repealed.
The investigation initiated by Regulation (EU) No 973/2012
Article 4
concerning the possible circumvention of anti-dumping
measures imposed by Regulation (EC) No 925/2009 on
This Regulation shall enter into force on the day following that
imports of certain aluminium foil originating in the People’s
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, 2 July 2013.
For the Commission
The President
José Manuel BARROSO

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