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25.10.2013 Official
Journal
of
the
European
Union
L
283/7
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 1026/2013
of 22 October 2013
terminating the partial interim review concerning the anti-dumping measures applicable to imports
of certain iron or steel fasteners originating in the People’s Republic of China, as extended to
imports consigned from Malaysia, whether declared as originating in Malaysia or not
THE COUNCIL OF THE EUROPEAN UNION,
Malaysian Precision Manufacturing SDN BHD (‘the appli
cant’), an exporting producer from Malaysia.
Having regard to the Treaty on the Functioning of the European
Union,
(4) The
request
was
limited
in
scope
to
granting
an
Having regard to Council Regulation (EC) No 1225/2009 of
exemption from the measures in force as extended to
30 November 2009 on protection against dumped imports
the applicant.
from countries not members of the European Community ( 1 )
(‘the basic Regulation’), and in particular Articles 11(3) and
13(4) thereof,
(5)
In the request, the applicant claimed that it is a genuine
producer of certain iron or steel fasteners and that it is
Having regard to the proposal submitted by the European
able to produce the entire quantity of certain iron or steel
Commission after consulting the Advisory Committee,
fasteners that it has shipped to the Union since the start
of the investigation period of the anti-circumvention
investigation leading to the imposition of the measures
Whereas:
in force as extended.
1. PROCEDURE
1.1. Measures in force
(6) The
applicant
provided prima facie evidence that it has
been established as a producer of certain iron or steel
(1) By
Regulation
(EC)
No
91/2009
( 2 ), as amended by
fasteners in Malaysia long before the imposition of the
Council Implementing Regulation (EU) No 924/2012 ( 3 ),
measures in force. In addition, the applicant claimed that
the Council imposed a definitive anti-dumping duty on
although it is related to certain producers of certain iron
imports of certain iron or steel fasteners currently falling
or steel fasteners located in the People’s Republic of
within CN codes ex 7318 12 90, ex 7318 14 91,
China, its relationships with its related companies in
ex 7318 14 99,
ex 7318 15 59,
ex 7318 15 69,
the People’s Republic of China had been established
ex 7318 15 81,
ex 7318 15 89,
ex 7318 15 90,
before the imposition of the measures in force, and
ex 7318 21 00 and ex 7318 22 00 originating in the
that these relationships have not been used to circumvent
People’s Republic of China (the ‘measures in force’).
the measures in force as extended.
(2) By
Implementing
Regulation
(EU)
No
723/2011
( 4 ), the
Council extended the measures in force to imports of
1.3. Initiation of a partial interim review
certain iron or steel fasteners consigned from Malaysia,
whether declared as originating in Malaysia or not (the
(7) On
14
May
2013,
having
determined,
after
consulting
‘measures in force as extended’).
the Advisory Committee, that the request contained
sufficient prima facie evidence to justify the initiation of
a partial interim review, the Commission initiated a
1.2. Request for a partial interim review
partial interim review pursuant to Articles 11(3) and
13(4) of the basic Regulation by a notice published in
(3) A
request
for
a
partial
interim
review
pursuant
to
Articles
11(3) and 13(4) of the basic Regulation was lodged by
the Official Journal of the European Union ( 5 ) (‘the Notice of
initiation’). That partial interim review was limited to the
examination of the possibility of granting an exemption
( 1 ) OJ L 343, 22.12.2009, p. 51.
from the measures in force as extended to the applicant.
( 2 ) OJ L 29, 31.1.2009, p. 1.
( 3 ) OJ L 275, 10.10.2012, p. 1.
( 4 ) OJ L 194, 26.7.2011, p. 6.
( 5 ) OJ C 134, 14.5.2013, p. 34.

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L 283/8
EN
Official Journal of the European Union
25.10.2013
1.4. Interested parties
that termination would not be in the Union interest.
On this basis, the review investigation should be
(8) The
Commission
officially
informed
the
applicant,
the
terminated.
representatives of Malaysia and the People’s Republic of
China and the association of Union producers about the
(12) Interested
parties
were
informed of the
intention to
initiation of the partial interim review. Interested parties
terminate the review investigation and were given the
were given the opportunity to make their views known
opportunity to comment. No comments were received.
in writing and to a request a hearing within the time
limit set in the Notice of initiation. Only the applicant
(13) It is therefore concluded that the partial interim review
came forward. No hearing has been requested.
concerning the anti-dumping measures applicable to
imports of certain iron or steel fasteners originating in
(9) In
order
to
obtain
the
information
deemed
necessary
for
the People’s Republic of China, as extended to imports of
its investigation, the Commission sent a questionnaire to
certain iron or steel fasteners consigned from Malaysia,
the applicant, who did not provide any reply within the
whether declared as originating in Malaysia or not,
deadline set for that purpose.
should be terminated without amending the anti-
dumping measures in force as extended,
2. WITHDRAWAL OF THE REQUEST AND
TERMINATION OF THE PROCEEDING
HAS ADOPTED THIS REGULATION:
(10) On
18
June
2013,
the
applicant
withdrew
its
request
for
Article 1
the partial interim review of the measures in force as
extended. The applicant claimed that it was not able to
The partial interim review of the anti-dumping measures
provide the Commission with the data requested in the
applicable to imports of certain iron or steel fasteners orig
questionnaire as regards its related companies.
inating in the People's Republic of China, as extended to
Furthermore, the applicant complained that the deadline
imports of certain iron or steel fasteners consigned from
for submitting the questionnaire reply was too short.
Malaysia, whether declared as originating in Malaysia or not,
However, no substantiated request for an extension of
initiated pursuant to Articles 11(3) and 13(4) of Regulation
the time limit for submitting the reply to the ques
(EC) No 1225/2009 is hereby terminated without amending
tionnaire has been made.
the anti-dumping measures in force as extended.
(11) In
view
of
the
withdrawal,
it
was
considered
whether
it
Article 2
would be warranted to continue the review investigation
ex officio. The Commission found that no compelling
This Regulation shall enter into force on the day following that
reasons existed which would lead to the conclusion
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 Luxembourg, 22 October 2013.
For the Council
The President
L. LINKEVIIUS

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