29.12.2001 Official Journal of the European Communities L 345/29 COMMISSION REGULATION (EC) No 2593/2001 of 28 December 2001 amending Regulation (EC) No 909/2001 as regards registration of imports of glyphosate produced by one Malaysian and one Taiwanese exporting producer 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 (), as last amended by Regulation (EC) No 2238/2000 (3, and in partic- ular Articles 13 and 14 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE By Regulation (EC) No 368/98 (}), the Council imposed an anti-dumping duty of 24 % on imports of glyphosate originating in the People's Republic of China (the PRC). By Regulation (EC) No 1086/2000 (%), the rate of duty applicable was increased to 48 % as a result of the investigation into the absence of movement, or insuffi- cient movement of, the resale prices or subsequent selling prices in the Community pursuant to Article 12 of Regulation (EC) No 384/96 (the basic Regulation). On 26 March 2001, the Commission received a request pursuant to Article 13(3) of the basic Regulation from the European Glyphosate Association (EGA) to investi- gate the alleged circumvention of the anti-dumping measures imposed on imports of glyphosate originating in the PRC by imports of glyphosate consigned from Malaysia or Taiwan. The request was made on behalf of a major proportion of Community producers of glypho- sate and contained sufficient evidence regarding the factors set out in Article 13(1) of the basic Regulation. The Commission initiated an investigation into the alleged circumvention by Regulation (EC) No 909/ 2001 () (the initiating Regulation). Pursuant to Articles 13(3) and 14(5) of the basic Regula- tion, Article 2 of the initiating Regulation instructed the customs authorities to register imports of glyphosate consigned from Malaysia or Taiwan, whether declared as 56, 6.3.1996, p. 1. 257, 11.10.2000, p. 2. 124, 25.5.2000, p. 1. 127, 9.5.2001, p. 35. () O] L () O] L () O] L 47, 18.2.1998, p. 1. () O] L () O] L originating in Malaysia or Taiwan or not, as of 10 May 2001. Article 2(3) of the initiating Regulation provided that imports should be exempted from registration if they were accompanied by a customs certificate certifying that the importation does not constitute, circumvention. B. REQUESTS FOR EXEMPTION In the course of the investigation, the Commission received requests for exemption from the registration or measures from four unrelated importers and two coop- erating exporting producers, Crop Protection (M) Sdn Bhd. (‘Crop Protection’) and Sinon Corporation. Given that the alleged circumvention was taking place outside the Community, exemption of imports from registration or measures was dependent on the findings in respect of the exporters. No decision could therefore be taken by the Commission purely on the basis of the exemption requests presented by individual importers. The importers will however benefit from an exemption from registration or measures to the extent that their imports are from exporters which have been granted such an exemption. Any decision concerning exporters should be limited to exemption from registration at this stage. If the Council subsequently adopts a Regulation extending the anti- dumping measures pursuant to Article 13 of the basic Regulation, it may decide to exempt certain exporters from such extended measures. C. FINDINGS IN RESPECT OF CROP PROTECTION AND SINON CORPORATION Among others, Crop Protection and Sinon Corporation replied to the questionnaire sent by the Commission to the producers and exporters in Malaysia and Taiwan named in the request, to the importers in the Community and to the exporters in the PRC known to the Commission as well as to other interested parties who came forward within the prescribed time limit. The Commission carried out verification visits at the prem- ises of Crop Protection (Klang, Selangor D.E., Malaysia) and Sinon Corporation (Taichung, Taiwan).