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            COUNCIL REGULATION (EC) No 42/2007

of 15 January 2007         

extending the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not

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 (1) (the basic Regulation), 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

2.   Request

3.   Initiation

4.   Investigation

5.   Investigation Period

B.   RESULTS OF THE INVESTIGATION

1.   General considerations/degree of cooperation

2.   Product concerned and like product

3.   Change in the pattern of trade between third countries and the Community

4.   Circumvention process found and insufficient due cause or economic justification

5.   Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like product

6.   Evidence of dumping in relation to the normal value previously established for the like product

C.   MEASURES

D.   REQUESTS FOR EXEMPTION

E.   PROCEDURE

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon falling within CN code 2804 69 00 originating in the People’s Republic of China is hereby extended to imports of silicon, falling within CN code ex 2804 69 00 (TARIC code 2804690010), consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not.

2.   The duties extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Commission Regulation (EC) No 607/2006 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

3.   The provisions in force concerning customs duties shall apply.

Article 2

1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

2.   In accordance with Article 13(4) of Regulation (EC) No 384/96, the Commission, after consulting the Advisory Committee, may authorise by decision the exemption of imports which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 398/2004 from the duty extended by Article 1.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EC) No 607/2006.

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 January 2007.

For the Council

The President

F.-W. STEINMEIER            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ L 198, 28.7.1990, p. 57.

(3)OJ L 170, 25.6.1992, p. 1.

(4)OJ L 345, 16.12.1997, p. 1.

(5)OJ L 66, 4.3.2004, p. 15.

(6)OJ L 107, 20.4.2006, p. 24.

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