On July 30, the European Commission (EC) announced in the Official Journal of the European Union that it has initiated a new exporter review of the definitive antidumping duty on imports of certain iron or steel tube and pipe fittings originating in Malaysia, in order to determine whether or not to repeal the duty with regard to imports from one exporter in this country and to make these imports subject to registration.
The EC has initiated the review in question following its receipt of an application for a new exporter review, lodged by Pantech Steel Industries SDN BHD (Pantech), an exporting producer in Malaysia, alleging that it did not export the product concerned to the EU during the period of investigation on which the antidumping measures were based, i.e. the original investigation period through April 1, 2000 to March 31, 2001, and that it was not linked to any of the exporting producers of the product concerned which were subject to the abovementioned antidumping measures. Pantech further claimed that it has entered into irrevocable contractual obligations to export the product concerned to the EU in the near future.
The EC informed the EU producers about the application and gave them an opportunity to comment, but received no comments. Having examined the evidence available, the EC has concluded that there is sufficient evidence to justify the initiation of a new exporter review, pursuant to the basic regulation, with a view to determining the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which their imports of the product concerned into the EU should be subject.
The product under review is tube and pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a maximum external diameter not exceeding 609.6 mm, of a kind used for butt-welding or other purposes, originating in Malaysia (the product concerned), currently falling within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90.
The measures currently in force are a definitive antidumping duty under which imports into the EU of the product concerned originating in Malaysia, including the product concerned produced by the applicant, are subject to a definitive antidumping duty of 75 percent.
If the EC determines that the applicant fulfils the requirements to have an individual duty established, it may amend the rate of duty currently applicable to imports of the product concerned from companies not individually mentioned in the regulation.