12.2.2004 Official Journal of the European Union L 40/11 COUNCIL REGULATION (EC) No 235/2004 of 10 February 2004 amending Regulation (EC) No 2320/97 imposing definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, Romania in so far as it concerns imports into the European Community of products manufactured by Petrotub SA and Republica SA THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Articles 233 and 253 thereof, 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) ('), in particular Article 2(1) and (11) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE (1)~ On 9 January 2003, the Court of Justice of the European Communities (EC]) in its judgment in case C-76/00 P (the Judgment) set aside the previous judgment of the Court of First Instance of the European Communities of 15 December 1999 in joined cases T-33/98 and T-34/ 98 (Petrotub and Republica v Council) (3). By its Judgment, the ECJ effectively annulled Council Regulation (EC) No 2320/97 of 17 November 1997 imposing definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Hungary, Poland, Russia, the Czech Republic, Romania and the Slovak Republic () (definitive anti-dumping Regulation or the contested Regulation), in so far as it concerned imports into the Community manufactured by Petrotub SA and Republica SA. (2) It is recognised by the Courts (*) that, in cases where a proceeding consists of several administrative steps, the annulment of one of these steps does not annul the complete proceeding. The anti-dumping proceeding is an example of such a multi-step proceeding. Conse- quently, the annulment of parts of the definitive anti- dumping Regulation does not imply the annulment of the entire procedure prior to the adoption of the Regu- lation in question. On the other hand, according to Article 233 of the Treaty, the Community institutions (") OJ 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). () [1999] ECR 11-3837. () OJ L 322, 25.11.1997, p. 1. Regulation as amended by Regulation (EC) No 190/2000 (O] L 23, 28.1.2000, p. 1). (*) IPS v Council [1998] ECR 11-3939. are obliged to comply with the Judgment of the Court of Justice. Accordingly, the Community institutions, in so complying with the Judgment, have the possibility to remedy the aspects of the contested Regulation which led to its annulment, while leaving unchanged the uncontested parts which are not affected by the Judg- ment (%). Following the Judgment, a notice was published concerning anti-dumping measures on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Romania (°), announcing that Petrotub SA and Republica SA were no longer subject to the anti-dumping measures imposed by the definitive anti-dumping Regulation. This Regulation seeks to correct, with respect to Petrotub SA and Republica SA, the aspects of the contested Regu- lation found to be inconsistent with Community law in the Judgment, and which thus led to the annulment of the contested Regulation. All other findings made in the contested Regulation, which were not contested within the time limits for a challenge and thus were not consid- ered by the Courts and did not lead to the annulment of the contested Regulation, remain valid. B. PRODUCTS UNDER CONSIDERATION The categories of products under consideration are the same as the ones considered in the definitive anti- dumping Regulation i.e.: (a) seamless pipes, of iron or non-alloy steel, of a kind used for oil and gas pipelines, of an external diameter not exceeding 406,4 mm; and (b) seamless tubes of circular cross-section, of iron or non-alloy steel, cold-drawn or cold-rolled, other than precision tubes; and (c) other tubes of circular cross-section, of iron or non- alloy steel, other than threaded or threadable, of an external diameter not exceeding 406,4 mm manu- factured by Petrotub SA and Republica SA and currently  classifiable  within =~ CN codes ex 730410 10, ex 730410 30, 7304 31 99, 7304 39 91 and 7304 39 93. These CN codes are given only for information. ~458]98 P IPS v Council [2000] ECR 1-08147. 0, 8.2.2003, p. 14.