19.3.2004 Official Journal of the European Union L 81/89 COMMISSION DECISION of 18 March 2004 suspending the anti-dumping duty imposed by Decision No 2730/2000/ECSC on imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of (2004/264[EC) 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 (*)(the basic Regulation), as last amended by Regulation (EC) No 1972/2002 (3), and in particular Article 14(4) thereof, After consulting the Advisory Committee, Whereas: 0 & () (9 () (9 () A. PROCEDURE The Commission, by Decision No 2730/2000/ECSC (), imposed a definitive anti-dumping duty on imports of coke of coal in pieces with a diameter of more than 80 mm originating in the People's Republic of China (PRQ), falling under CN code ex 27040019 (the product concerned). The amount of the anti-dumping duty is equal to the fixed amount of EUR 32.6 per tonne of dry net weight. In view of the expiry of the Treaty establishing the Euro- pean Coal and Steel Community on 23 July 2002, the Council, by Regulation (EC) No 963/2002 (), Regulation as last amended by Regulation (EC) No 1310/2002 (), decided that anti-dumping proceedings initiated pursuant to Commission Decision No 2277/96/ECSC (°), Decision as last amended by Decision No 435/2001/ ECSC (), and still in force shall be continued and be governed by the provisions of the basic Regulation with effect from 24 July 2002. Likewise, any anti-dumping measures resulting from pending anti-dumping investiga- tions shall be governed by the provisions of the basic Regulation from 24 July 2002. In December 2002, the Commission initiated an interim review at the request of Eucoke-EEIG (the applicant), lodged on behalf of producers representing a major proportion of the total Community production of coke of coal in pieces with a diameter of more than 80 mm, in accordance with Article 11(3) of the basic Regulation. L 56, 6.3.1996, p. 1. L 305, 7.11.2002, p. 1. L 316, 15.12.2000, p. 30. L 149, 7.6.2002, p. 3. L 192, 20.7.2002, p. 9. L 308, 29.11.1996, p. 11. L 63, 3.3.2001, p. 14. China (4) ®) After the applicant had withdrawn the complaint, the Commission has proposed to the Council that the interim review should be terminated. However, during the investigation of the interim review concerning the period from 1 October 2001 to 30 September 2002 (the investigation period), information on a change of market conditions occurred after the investigation period (i.e. from 1 October 2002 to 30 September 2003) which might justify the suspension of the measures currently in force, in accordance with Article 14(4) of the basic Regulation, was provided to the Commission. Consequently, the Commission exam- ined whether such suspension was warranted. B. GROUNDS Article 14(4) of the basic Regulation provides that, in the Community interest, anti-dumping measures may be suspended on the grounds that market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of such suspension, provided that the Community industry has been given an opportunity to comment and these comments have been taken into account. Article 14(4) further specifies that the anti-dumping measures concerned may be rein- stated at any time if the reason for suspension is no longer applicable. During the interim review investigation, a number of interested parties have alleged that in the time since the investigation period, the market situation has changed dramatically. The allegations were based on a shortage of supply of the product concerned and the high level of prices charged by the traders on the Community market. In view of the seriousness of these allegations, the Commission has carried out a further investigation to assess the recent evolution of volumes and prices of the product concerned for the period between 1 October 2002 and 30 September 2003. All parties concerned were given an opportunity to present their views. All interested parties cooperated with the new investigation, the users to a somewhat lesser extent.