----

            COMMISSION REGULATION (EC) No 607/2006

of 19 April 2006         

initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 398/2004 on imports of silicon originating in the People's Republic of China by imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, and making such imports subject to registration

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) (1), and in particular Article 13(3) and Article 14(5) thereof,

After having consulted the Advisory Committee,

Whereas:

A.   REQUEST

B.   PRODUCT

C.   EXISTING MEASURES

D.   GROUNDS

E.   PROCEDURE

(a)   Questionnaires

(b)   Collection of information and holding of hearings

(c)   Exemption of imports from registration or measures

F.   REGISTRATION

G.   TIME-LIMITS

H.   NON-COOPERATION

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of Council Regulation (EC) No 384/96, in order to determine if imports into the Community of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not, falling within CN code ex 2804 69 00 (TARIC code 2804690010), are circumventing the measures imposed by Council Regulation (EC) No 398/2004.

Article 2

The Customs authorities are hereby directed, pursuant to Article 13(3) and Article 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports into the Community identified in Article 1 of this Regulation.

Registration shall expire nine months following the date of entry into force of this Regulation.

The Commission, by Regulation, may direct customs authorities to cease registration in respect of imports into the Community of products manufactured by producers having applied for an exemption of registration and having been found not to be circumventing the anti-dumping duties.

Article 3

1.   Questionnaires should be requested from the Commission within 15 days of the date of the publication of this Regulation in the Official Journal of the European Union.

2.   Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 40 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

3.   Producers in the Republic of Korea requesting exemption of imports from registration or measures should submit a request duly supported by evidence within the same 40-day time-limit.

4.   Interested parties may also apply to be heard by the Commission within the same 40-day time-limit.

5.   Any information relating to the matter, any request for a hearing or for a questionnaire as well as any request for exemption of imports from registration or measures must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

Article 4

This Regulation shall enter into force on the day following 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, 19 April 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

----

(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 66, 4.3.2004, p. 15.

(3)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

----