15.1.2015   

EN

Official Journal of the European Union

L 9/17

(1)

By Regulation (EU) No 1106/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of wire of stainless steel containing by weight:

currently falling within CN codes 7223 00 19 and 7223 00 99, and originating in India (‘the product concerned’).

(2)

In the investigation which led to the imposition of a definitive anti-dumping duty a large number of exporting producers from India cooperated. As a result, the European Commission (‘the Commission’) selected a sample of Indian exporting producers to be investigated.

(3)

The Council imposed individual duty rates on imports of the product concerned ranging from 0 % to 12,5 % for the sampled companies and the weighted average duty of 5 % for the cooperating non-sampled companies.

(4)

The Council also imposed a countrywide duty of 12,5 % on all other companies which either did not make themselves known or did not cooperate with the investigation.

(5)

Article 2 of Implementing Regulation (EU) No 1106/2013 states that where any new exporting producer from India provides sufficient evidence to the Commission that:

then Article 1(2) of that Regulation may be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, namely the weighted average duty of 5 %.

(6)

The Indian companies Superon Schweisstechnik India Ltd (‘the first applicant’) and Anand ARC Ltd (‘the second applicant’) requested to be granted the duty rate applicable to the cooperating companies not included in the sample (‘new exporting producer treatment’ or ‘NEPT’).

(7)

An examination has been carried out in order to determine whether the applicants fulfil the criteria for being granted NEPT as set out in Article 2 of Implementing Regulation (EU) No 1106/2013.

(8)

A questionnaire was sent to the applicants asking them to supply evidence that they met all of the criteria set out above in Article 2 of Implementing Regulation (EU) No 1106/2013.

(9)

The Commission sought and verified all information it deemed necessary for the purpose of determining whether the applicants meet the three criteria to be granted NEPT. Verification visits were carried out at the premises of:

(10)

The first applicant has provided sufficient evidence to prove that it meets the three criteria mentioned in Article 2 of Implementing Regulation (EU) No 1106/2013. The first applicant in fact could prove that:

and therefore can be granted the duty rate applicable to the cooperating companies not included in the sample, i.e. 5 %, in accordance with Article 2 of Implementing Regulation (EU) No 1106/2013, and should be added to the list of Indian cooperating exporting producers not included in the sample.

(11)

The second applicant, however, failed to meet the first criterion because it exported the product concerned to the Union during the investigation period. Its request for NEPT was therefore rejected.

(12)

The Commission informed the applicants and the Union industry of the above findings and gave them the opportunity to comment. No comments were received.

(13)

This Regulation will imply that TARIC additional code B781 is attributed to Superon Schweisstechnik India Ltd as the company will be added to the Annex of Implementing Regulation (EU) No 1106/2013. Purely for technical integration reasons in TARIC (integrated tariff of the European Union) the same code should be made applicable to the existing countervailing duty for the company imposed by Council Implementing Regulation (EU) No 861/2013 (3).