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Commission Regulation (EC) No 1288/2005 of 4 August 2005 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 964/2003 on imports of certain tube or pipe fittings, of iron or steel originating, inter alia, in the People’s Republic of China by imports of certain tube or pipe fittings, of iron or steel, consigned from the Philippines, whether declared as originating in the Philippines or not, and making such imports subject to registration

Commission Regulation (EC) No 1288/2005 of 4 August 2005 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 964/2003 on imports of certain tube or pipe fittings, of iron or steel originating, inter alia, in the People’s Republic of China by imports of certain tube or pipe fittings, of iron or steel, consigned from the Philippines, whether declared as originating in the Philippines or not, and making such imports subject to registration

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 Articles 13(3), 14(3) and 14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 384/96, in order to determine if imports into the Community of tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, falling within CN codes ex73079311 (TARIC code 7307931195), ex73079319 (TARIC code 7307931995), ex73079930 (TARIC code 7307993095) and ex73079990 (TARIC code 7307999095), consigned from the Philippines, whether originating in the Philippines or not, are circumventing the measures imposed by Regulation (EC) No 964/2003.

    Article 2

    The customs authorities are hereby directed, pursuant to Articles 13(3) and 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports into the Community identified in Article 1 of this Regulation.

    Registration shall expire nine months following the date of entry into force of this Regulation.

    The Commission, by Regulation, may direct customs authorities to cease registration in respect of imports into the Community of products manufactured by producers having applied for an exemption of registration and having been found not to be circumventing the anti-dumping duties.

    Article 3

    1.

    Questionnaires should be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

    2.

    Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 40 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

    3.

    Producers in the Philippines requesting exemption from registration of imports or measures should submit a request duly supported by evidence within the same 40-day time limit.

    4.

    Interested parties may also apply to be heard by the Commission within the same 40-day time limit.

    5.

    Any information relating to the matter, any request for a hearing or for a questionnaire as well as any request for exemption must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone, fax and/or telex numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited(4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

    Commission address for correspondence:

    European Commission

    Directorate-General for Trade

    Directorate B

    Office: J-79 5/16

    B-1049 Brussels

    Fax (+32-2) 295 65 05

    .

    Article 4

    This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.