31.1.2002 Official Journal of the European Communities L 30/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 163/2002 of 28 January 2002 extending the definitive anti-dumping duty imposed by Regulation (EC) No 368/98 on imports of glyphosate originating in the People's Republic of China to imports of glyphosate consigned from Malaysia or Taiwan, whether declared as originating in Malaysia or Taiwan or not, and terminating the investigation in respect of imports from one Malaysian and one Taiwanese exporting producer 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 (!), and in particular Article 13 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures (1) By Regulation (EC) No 368/98 (3 (the definitive Regula- tion’), 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 % pursuant to Article 12 of Regulation (EC) No 384/96 (the basic Regulation’). 2. Request (2)  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. The request was submitted on behalf of a major proportion of Community producers of glypho- sate (the Community industry’). (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () O] L 47, 18.2.1998, p. 1. OJ L 124, 25.5.2000, p. 1. (3)  The request alleged that there had been a change in the pattern of trade following the imposition of anti- dumping measures on imports of glyphosate originating in the PRC as shown by a significant increase in imports from Malaysia and Taiwan while imports from the PRC had decreased substantially in the meantime. (4 This change in the pattern of trade was alleged to stem from the transhipment of glyphosate originating in the PRC via Malaysia or Taiwan and also from the formula- tion in Malaysia or Taiwan of glyphosate originating in the PRC. It was claimed that the formulation was a relatively simple operation, which mainly consists of diluting glyphosate salt with water and blending it with surfactant. It was also claimed that this operation led to an increase of the shipment costs for the importers. The request concluded, consequently, that there was insuffi- cient due cause or economic justification for these prac- tices other than the existence of the anti-dumping duty on glyphosate originating in the PRC. (5)  Finally, the Community industry alleged that the reme- dial effects of the existing anti-dumping duty on glypho- sate were being undermined both in terms of quantities and price and that dumping was taking place in relation to the normal values previously established, for imports consigned from Malaysia or Taiwan. 3. Initiation (6)  The Commission initiated an investigation by Regulation (EC) No 909/2001 (% (‘initiating Regulation’). Pursuant to Article 13(3) and Article 14(5) of the basic Regula- tion, it directed the customs authorities to register imports of glyphosate consigned from Malaysia or Taiwan, whether declared as originating in Malaysia or Taiwan or not, as from 10 May 2001. () O] L 127, 9.5.2001, p. 35.