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31.7.2012 Official
Journal
of
the
European
Union L
203/23
COUNCIL IMPLEMENTING REGULATION (EU) No 693/2012
of 25 July 2012
amending Implementing Regulation (EU) No 723/2011 (extending the definitive anti-dumping duty
imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in
the People’s Republic of China to imports of certain iron or steel fasteners consigned from
Malaysia, whether declared as originating in Malaysia or not), by granting an exemption from
those measures to one Malaysian exporting producer and terminating the registration of imports
from that exporting producer
THE COUNCIL OF THE EUROPEAN UNION,
comment, the Commission initiated, by Regulation (EU)
No 1164/2011 ( 4 ) (‘the initiating Regulation’), a review of
Implementing Regulation (EU) No 723/2011 with regard
Having regard to the Treaty on the Functioning of the European
to Andfast.
Union,
(4) The
Regulation
initiating
the
review
repealed
the
anti-
Having regard to Council Regulation (EC) No 1225/2009 of
dumping duty imposed by Implementing Regulation
30 November 2009 on protection against dumped imports
(EU) No 723/2011 with regard to imports of the
from countries not members of the European Community ( 1 )
product under examination consigned from Malaysia
(‘the basic Regulation’), and in particular Articles 11(4) and
and produced by Andfast. Simultaneously, pursuant to
13(4) thereof,
Article 14(5) of the basic Regulation, customs authorities
were directed to take appropriate steps to register such
Having regard to the proposal from the European Commission
imports.
after consulting the Advisory Committee,
3. Product concerned
Whereas:
(5) The
product
concerned
is
certain
iron
or
steel
fasteners,
other than of stainless steel, i.e. wood screws (excluding
A. EXISTING MEASURES
coach screws), self-tapping screws, other screws and bolts
with heads (whether or not with their nuts or washers,
(1) The
Council,
by
Regulation
(EC)
No
91/2009
( 2 ),
but excluding screws turned from bars, rods, profiles or
imposed anti-dumping measures on certain iron or
wire, of solid section, of a shank thickness not exceeding
steel fasteners originating in the People’s Republic of
6 mm and excluding screws and bolts for fixing railway
China. By Implementing Regulation (EU)
track construction material), and washers, consigned
No 723/2011 ( 3 ), the Council extended those measures
from Malaysia, currently falling within CN codes
to certain iron or steel fasteners consigned from Malaysia
ex 7318 12 90,
ex 7318 14 91,
ex 7318 14 99,
(‘the extended measures’) with the exception of imports
ex 7318 15 59,
ex 7318 15 69,
ex 7318 15 81,
produced by the Malaysian companies which are
ex 7318 15 89, ex 7318 15 90, ex 7318 21 00 and
specifically mentioned in that Regulation.
ex 7318 22 00 (‘the product concerned’).
B. CURRENT INVESTIGATION
4. Investigation
1. Request for a review
(6) The
Commission
officially
advised
Andfast
and
the
repre
sentatives of Malaysia of the initiation of the review.
(2) The
Commission
received
a
request
for
an
exemption
Interested parties were invited to make their views
from the extended measures pursuant to Articles 11(4)
known and informed of the possibility to request a
and 13(4) of the basic Regulation. The application was
hearing. No such request was received.
lodged by Andfast Malaysia Sdn. Bhd. (‘Andfast’), a
producer in Malaysia.
(7) The
Commission
also
sent
a
questionnaire
to
Andfast
and received a reply within the relevant deadline. The
2. Initiation of a review
Commission sought and verified all the information
deemed necessary for the purposes of the review. A
(3) The
Commission
examined
the
evidence
submitted
by
verification visit was carried out at the premises of
Andfast and considered it sufficient to justify the
Andfast.
initiation of an investigation pursuant to Articles 11(4)
and 13(4) of the basic Regulation for the purposes of
determining the possibility of granting Andfast an
5. Investigation period
exemption from the extended measures. After consul
tation of the Advisory Committee, and after the Union
(8) The
investigation
covered
the
period
from
1
October
industry concerned had been given the opportunity to
2010 to 30 September 2011 (‘the IP’). Data was
collected from 2008 up to the end of the IP to inves
tigate any change in the pattern of trade.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 29, 31.1.2009, p. 1.
( 3 ) OJ L 194, 26.7.2011, p. 6.
( 4 ) OJ L 297, 16.11.2011, p. 53.

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L 203/24
EN
Official Journal of the European Union
31.7.2012
C. RESULTS OF THE INVESTIGATION
misleading information submitted by the company
concerned. Should prima facie evidence indicate
(9) The
investigation
confirmed
that
Andfast
was
not
related
otherwise, or should exports from Andfast to the
to any of the Chinese or Malaysian exporters or
European Union increase dramatically, an investigation
producers subject to the anti-dumping measures and
may be initiated by the Commission to establish
had not exported the product concerned to the
whether withdrawal of the exemption is warranted.
European Union during the investigation period of the
investigation that led to the extended measures, i.e.
1 January 2008 to 30 September 2010. Andfast’s first
exports of the product concerned occurred subsequently
(16) The
exemption
from
the
extended
measures
granted
to
to the extension of measures to Malaysia.
imports of certain iron or steel fasteners produced by
Andfast was established on the basis of the findings of
the present review. This exemption is thus exclusively
applicable to imports of certain iron or steel fasteners
(10) The
processing
activities
of
Andfast
can
be
considered
as
consigned from Malaysia and produced by that specific
a completion and assembly operation in the sense of
legal entity. Imported iron or steel fasteners, produced by
Article 13(2) of the basic Regulation. Andfast imports
any company not specifically mentioned in Article 1(1)
blanks from the People’s Republic of China which are
of Implementing Regulation (EU) No 723/2011 with its
subsequently threaded, plated and put together with the
name, including entities related to those specifically
nuts and the washers at its premises in Malaysia. The
mentioned, shall not benefit from the exemption and
finished product is sold and exported to its related
should be subject to the residual duty rate as imposed
company in the Union.
by that Regulation.
(11) This
is
not
considered
to
be
a
process
involving
circum
(17) It
is
considered
that
special
measures
are
needed
in
this
vention as it could be demonstrated that the value added
case in order to ensure the proper application of such
to the parts brought in from the People’s Republic of
exemptions. These special measures are the requirement
China, during the assembly and completion operation,
of the presentation to the customs authorities of the
is greater than 25 % of the manufacturing costs.
Member States of a valid commercial invoice, which
shall conform to the requirements set out in the
Annex to Implementing Regulation (EU) No 723/2011.
Imports not accompanied by such an invoice shall be
(12) No
evidence
was
found
that
Andfast
was
purchasing
the
made subject to the extended anti-dumping duty.
finished product concerned from the People’s Republic of
China to resell or tranship to the European Union.
E. PROCEDURE
D. AMENDMENT OF THE MEASURES BEING REVIEWED
(18) Andfast
and
all
other
interested
parties
were
informed
of
the facts and considerations on the basis of which it was
(13) In
accordance
with
the
above
findings
that
Andfast
has
intended to grant an exemption to Andfast from the
not engaged in circumvention practices, the company
extended measures. No comments were received,
should be exempted from the anti-dumping measures
in force.
HAS ADOPTED THIS REGULATION:
(14) The registration of imports of certain iron or steel
fasteners consigned from Malaysia by Andfast, as
Article 1
imposed by the initiating Regulation, should cease. In
accordance with Article 14(5) of the basic Regulation,
Article 1(1) of Implementing Regulation (EU) No 723/2011
which provides that measures shall be applied against
shall be modified by adding the following company to the list
registered imports from the date of registration, and in
of companies that produce certain iron or steel fasteners in
view of the exemption of the company from measures,
Malaysia and whose imports of certain iron or steel fasteners
no anti-dumping duty should be collected on imports of
are exempted from the application of the extended definitive
certain iron or steel fasteners consigned from Malaysia by
residual anti-dumping duty:
Andfast which entered the Union under registration
imposed by the initiating Regulation.
‘Andfast Malaysia Sdn. Bhd. (TARIC additional code B265)’.
(15) The
exemption
from
the
extended
measures
granted
to
imports of certain iron or steel fasteners produced by
Article 2
Andfast shall, in accordance with Article 13(4) of the
basic Regulation, remain valid on condition that the
The customs authorities are hereby directed to cease the regis
facts as finally ascertained justify the exemption and
tration of imports carried out pursuant to Article 3 of Regu
that it is not, for instance, established that the
lation (EU) No 1164/2011. No anti-dumping duty shall be
exemption was granted on the basis of false or
collected on the imports thus registered.

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EN
31.7.2012 Official
Journal
of
the
European
Union L
203/25
Article 3
This Regulation shall enter into force on the day following that 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, 25 July 2012.
For the Council
The President
A. D. MAVROYIANNIS

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