11.3.2004 Official Journal of the European Union L 72/15 COUNCIL REGULATION (EC) No 436/2004 of 8 March 2004 amending Regulation (EC) No 1784/2000 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 133 thereof, Having regard to Council Regulation (EC) No 1515/2001 of 23 July 2001, on the measures that may be taken by the Com- munity following a report adopted by the WTO Dispute Settle- ment Body concerning anti-dumping and anti-subsidy matters (), 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 (‘the Basic Regulation’) (3), Having regard to the proposal made by the Commission after consultation of the Advisory Committee, Whereas: A. EXISTING MEASURES (1) The Council, by Regulation (EC) No 1784/2000 of 11 August 2000 imposed a definitive anti-dumping duty on imports of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand (the ‘Definitive Regulation’) (). The Defini- tive Regulation was preceded by Commission Regulation (EC) No 449/2000 of 28 February 2000 imposing a provisional anti-dumping duty on imports of certain malleable cast iron tube or pipe fittings originating in Brazil, the Czech Republic, Japan, the People's Republic of China, the Republic of Korea and Thailand and accepting an undertaking offered by an exporting producer in the Czech Republic (the ‘Provisional Regu- lation’) (*). B. REPORTS ADOPTED BY THE DISPUTE SETTLEMENT BODY OF THE WTO (2)  On 18 August 2003, the Dispute Settlement Body (DSB’) of the World Trade Organisation (WTO’) adopted an Appellate Body report (‘ABR) and a Panel report (PR) as modified by the ABR on the case ‘European Communities (EC) — anti-dumping duties on malleable cast iron tube or pipe fittings from Brazil (°) (the ABR and PR are hereinafter referred to as the ‘Reports). L 201, 26.7.2001, p. 10. L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 208, 18.8.2000, p. 8. () OJ L 55, 29.2.2000, p. 3. () Document WT/DS219/10 of 27 August 2003. 3) The Reports requested the European Communities to bring the measure into conformity with the WTO Agree- ment on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (ADA’) as regards the following aspects: (i) Article 2.4.2 of the ADA: in ‘zeroing’ negative dumping margins in its dumping determination. (ii) Articles 12.2 and 12.2.2 of the ADA: failure to make directly discernible, from the published provi- sional or definitive determinations, that the Euro- pean Communities addressed, or explained the lack of significance, of the following injury factors listed in Article 3.4 of the ADA: wages, productivity, return on investments, cash flow, ability to raise capital and magnitude of the actual margin of dumping. (i) Article 6.2 and 6.4 of the ADA: failure to disclose to the interested parties during the anti-dumping investigation the information on injury factors listed above under point (ii). The Commission reassessed the findings by taking into account the recommendations set out in the Reports on the basis of information which was collected in the original investigation which took place in 1999/2000. Unless otherwise stated, the assessment made in the Definitive Regulation remains valid. The reassessment shows that injurious dumping still exists although at a slightly lower level. C. PROCEDURE Following the adoption of the ABR by the DSB the inter- ested parties in this proceeding, ie. the Brazilian exporting producer and the Community industry (CT), received disclosure of the facts and considerations on the dumping calculation and the injury factors mentioned under recital 3(ii). All parties were informed of the essen- tial facts and considerations on the basis of which it was intended to amend and confirm the Definitive Regu- lation. They were also granted a period within which to make representations subsequent to this disclosure. All interested parties were granted an opportunity to be heard by the Commission. However, no such hearing was requested by any interested party.