16.7.2004 Official Journal of the European Union L 244[1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1294/2004 of 12 July 2004 amending Regulation (EC) No 1600/1999 imposing a definitive anti-dumping duty on imports of stainless steel wire with a diameter of 1 mm or more originating in India THE COUNCIL OF THE EUROPEAN UNION, 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 (') (the basic Regulation), and in particular Article 11(4) thereof, Having regard to Council Regulation (EC) No 2026/97 (%) of 6 October 1997 on protection against subsidised imports from countries not members of the European Community, and in particular Article 20 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURES The Council, by Regulation (EC) No 1600/1999 (%), imposed a definitive anti-dumping duty on imports of stainless steel wire having a diameter of 1 mm or more (the product concerned) falling within CN code ex 7223 00 19 originating in India. The measures took the form of an ad valorem duty ranging between 0 % and 55,6 %. The Council, by Regulation (EC) No 1599/1999 (¥, imposed at the same time a definitive countervailing duty on imports of the same product originating in India. The measures took the form of an ad valorem duty ranging between 0% and 35,4% for individual exporters, with a rate of 48,8% for non-cooperating exporters. B. CURRENT PROCEDURE 1. Request for a new exporter review Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of a ‘new exporter review of Regulation (EC) No 1600/1999, pursuant to Article 11(4) of the basic Regu- lation, from one Indian producer, VSL Wires Limited (the (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). (® OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004. () OJ L 189, 22.7.1999, p. 19. () OJ L 189, 22.7.1999, p. 1. Regulation as amended by Regulation (EQ) No 164/2002 (O] L 30, 31.1.2002, p. 9). ) ©) 0] 0 applicant). The applicant claimed that it was not related to any other exporters of the product concerned in India. Furthermore, it claimed that it had not exported the product concerned during the original period of investi- gation (ie. from 1 April 1997 to 31 March 1998), but had exported the product concerned to the Community after that period. On the basis of the above, it requested that an individual duty rate be established for it, in case dumping would be found. 2. Initiation of a review The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 11(4) of the basic Regulation. After consul- tation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Commission Regulation (EC) No 1225/2003 (%), a ‘new exporter’ review of Regulation (EC) No 1600/1999 with regard to the applicant and commenced its investigation. At the same time, the anti-dumping duty in force was repealed with regard to imports of the product concerned produced and exported to the Community by the applicant, and those imports were made subject to regis- tration pursuant to Articles 11(4) and 14(5) of the basic Regulation. At the same time and on the same grounds, following a request from the applicant, the Commission initiated an accelerated review of Regulation (EC) No 1599/1999 (°) pursuant to Article 20 of Regulation (EC) No 2026/97. 3. Product concerned The product covered by the current review is the same product as that under consideration in Regulation (EC) No 1600/1999, namely stainless steel wire having a diameter of 1 mm or more, containing by weight 2,5 % or more of nickel, excluding wire containing by weight 28 % or more but no more than 31 % of nickel and 20 % or more but no more than 22% of chromium. L 172, 10.7.2003, p. 6. C 161, 10.7.2003, p. 2.