Commission Decision

of 28 August 2006

terminating the anti-dumping proceeding concerning imports of footwear with a protective toecap, originating in the People‘檚 Republic of China and India

(2006/582/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community [1] (the basic Regulation), and in particular Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1) On 13 May 2005, the Commission received a complaint pursuant to Article 5 of the basic Regulation, concerning the alleged injurious dumping of imports of footwear with a protective toecap originating in the People‘檚 Republic of China (PRC) and India.

(2) The complaint was lodged by the European Confederation of the Footwear industry (the complainant) on behalf of producers representing a major proportion, in this case more than 30 %, of the total Community production of footwear with a protective toecap pursuant to Articles 4(1) and 5(4) of the basic Regulation.

(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation.

(4) By means of a notice published in the Official Journal of the European Union [2] (the notice of initiation), the Commission initiated an anti-dumping proceeding concerning imports into the Community of certain footwear with uppers of rubber or plastics (excluding waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes) or with uppers of leather or composition leather, having a protective toecap, currently classifiable within CN codes 64023000, 64034000, ex64021900, ex64029100, ex64029910, ex64029931, ex64029939, ex64029950, ex64029991, ex64029993, ex64029996, ex64029998, ex64031900, ex64033000, ex64035111, ex64035115, ex64035119, ex64035191, ex64035195, ex64035199, ex64035911, ex64035931, ex64035935, ex64035939, ex64035950, ex64035991, ex64035995, ex64035999, ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039911, ex64039931, ex64039933, ex64039936, ex64039938, ex64039950, ex64039991, ex64039993, ex64039996, ex64039998, ex64051000, ex64059010 and ex64059090, and originating in the PRC and India.

(5) The Commission officially advised the exporting producers in the PRC and India and the importers/traders known to be concerned, the representatives of the exporting countries concerned, the complainant Community producers and other known producers in the Community, suppliers and users known to be concerned as well as their associations of the initiation of the proceeding. The interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

(6) By a letter dated 17 July 2006 and addressed to the Commission, the complainant formally withdrew its complaint concerning the imports of footwear with a protective toecap.

(7) 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 the Community interest.

(8) The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any consideration showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.

(9) It is therefore concluded that the anti-dumping proceeding concerning imports into the Community of the product concerned originating in the People‘檚 Republic of China and India should be terminated without the imposition of anti-dumping measures,

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of certain footwear with uppers of rubber or plastics (excluding waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes) or with uppers of leather or composition leather, having a protective toecap, falling within CN codes 64023000, 64034000, ex64021900, ex64029100, ex64029910, ex64029931, ex64029939, ex64029950, ex64029991, ex64029993, ex64029996, ex64029998, ex64031900, ex64033000, ex64035111, ex64035115, ex64035119, ex64035191, ex64035195, ex64035199, ex64035911, ex64035931, ex64035935, ex64035939, ex64035950, ex64035991, ex64035995, ex64035999, ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039911, ex64039931, ex64039933, ex64039936, ex64039938, ex64039950, ex64039991, ex64039993, ex64039996, ex64039998, ex64051000, ex64059010 and ex64059090, originating in the People‘檚 Republic of China and India, is hereby terminated.

Done at Brussels, 28 August 2006.

For the Commission

Peter Mandelson

Member of the Commission

[1] OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

[2] OJ C 159, 30.6.2005, p. 7.

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