HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 8/36
EN
Official Journal of the European Union
12.1.2012
DECISIONS
COMMISSION DECISION
of 11 January 2012
terminating the anti-dumping proceeding concerning imports of vinyl acetate originating in the
United States of America and releasing the amounts secured by way of the provisional duties
imposed
(2012/24/EU)
THE EUROPEAN COMMISSION,
(4) The
Commission,
by
Regulation
(EU)
No
821/2011
( 3 )
(the provisional Regulation), imposed a provisional anti-
dumping duty on imports of vinyl acetate currently
falling within CN code 2915 32 00 and originating in
Having regard to the Treaty on the Functioning of the European
the USA.
Union,
B. WITHDRAWAL OF THE COMPLAINT AND TERMI
Having regard to Council Regulation (EC) No 1225/2009 of
NATION OF THE PROCEDING
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(5) By
a
letter
of
4
November
2011
to
the
Commission,
the
(the basic Regulation), and in particular Article 9 thereof,
complainant formally withdrew its complaint.
After consulting the Advisory Committee,
(6) In
accordance
with
Article
9(1)
of
the
basic
Regulation,
the proceeding may be terminated where the complaint
is withdrawn, unless such termination would not be in
Whereas:
the Union interest.
A. PROCEDURE
(7) The
Commission
considered
that
the
present
proceeding
should be terminated since the investigation had not
1. Initiation of the proceeding and imposition of
brought to light any considerations showing that such
provisional measures
termination would not be in the Union interest.
Interested parties were informed accordingly and were
(1) On
22
October
2010,
the
Commission
received
a
given the opportunity to comment. No comments were
complaint pursuant to Article 5 of the Basic Regulation,
received indicating that such termination would not be in
concerning alleged injurious dumping by imports of
the Union interest.
vinyl acetate (hereinafter ‘the product concerned’) orig

ination in the United States of America (USA).
(8) Following
disclosure,
one
party
argued
that
it
should
not
(2) The
complaint
was
lodged
by
Ineos
Oxide
Ltd
(the
have been excluded from the definition of the Union
complainant) representing a major proportion, in this
industry or that, alternatively, the provisional Regulation
case more than 25 % of the total Union industry
should be amended so as to include the party in that
production of the product concerned.
definition. In this respect, it should be pointed out that
the findings of the provisional Regulation, on the basis of
information obtained in the course of the investigation,
were only provisional, as stated in recital 31 of the
(3) On
4
December
2010,
the
Commission
announced,
by
a
provisional Regulation itself. As the anti-dumping
notice published in the Official Journal of the European
proceedings are terminated without the imposition of
Union ( 2 ), the initiation of an anti-dumping proceeding
definitive measures, following the withdrawal of the
with regard to imports into the Union of vinyl acetate
complaint, it is not appropriate, in a terminating
originating in the USA.
decision, neither to provide definitive determinations
nor to amend a provisional Regulation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ C 327, 4.12.2010, p. 23.
( 3 ) OJ L 209, 17.8.2011, p. 24.

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EN
12.1.2012 Official
Journal
of
the
European
Union
L
8/37
(9)
It is recalled that the findings at hand were provisional in
Article 2
nature. It follows that any future case relating to the
product or the parties concerned by this proceeding
Regulation (EU) No 821/2011 is hereby repealed.
will be assessed on its own merits.
Article 3
(10) The Commission therefore concludes that the anti-
dumping proceeding concerning imports into the
The amounts secured by way of provisional anti-dumping duties
Union of the product concerned originating in the USA
pursuant to Regulation (EU) No 821/2011 on imports of vinyl
should be terminated without the imposition of anti-
acetate currently falling within CN code 2915 32 00 and orig
dumping measures.
inating in the United States of America shall be released.
(11) Any
duties
provisionally
secured
on
the
basis
of
Regu
Article 4
lation (EU) No 821/2011 should be released,
This Decision shall enter into force on the day following its
publication in the Official Journal of the European Union.
HAS ADOPTED THIS DECISION:
Done at Brussels, 11 January 2012.
Article 1
The anti-dumping proceeding concerning imports of vinyl
For the Commission
acetate, currently falling within CN code 2915 32 00 and orig
inating in the United States of America, is hereby terminated
The President
without the imposition of anti-dumping measures.
José Manuel BARROSO

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