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            COUNCIL REGULATION (EC) No 1264/2006

of 21 August 2006         

terminating the investigations concerning the anti-dumping measures applicable to imports of silicon carbide originating in the Russian Federation and Ukraine and imposing a definitive anti-dumping duty on imports of silicon carbide originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96

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 Articles 11(2) and 11(3) thereof,

Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee,

Whereas:

1.   PROCEDURE

1.1.   Previous investigations, measures in force and on-going investigations

1.2.   Request for an expiry review

1.3.   Investigation

2.   PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product concerned

2.2.   Like product

3.   LIKELIHOOD OF A CONTINUATION AND/OR RECURRENCE OF DUMPING

3.1.   Preliminary remarks

3.2.   Dumping of imports during the investigation period

3.2.1.   Analogue country

3.2.2.   Normal value

3.2.2.1.   Normal value for exporting producers in the PRC and the Ukraine

3.2.2.2.   Normal Value for exporting producers in Russia

3.2.3.   Export price

PRC

Ukraine and Russia

3.2.4.   Comparison

3.2.5.   Dumping margin

PRC

Ukraine

Russia

3.3.   Developments of imports should measures be repealed

3.3.1.   PRC

Relationship between Chinese export prices to third countries and the price level in the Community

Unused capacities and stocks

3.3.2.   Russia

Relationship between prices in the Community and prices within Russia

Relationship between export prices to third countries and prices within Russia

Relationship between export price to third countries and the price level in the Community

Unused capacities and stocks

3.3.3.   Ukraine

Unused capacities and stocks

Relationship between prices in the Community and prices within the Ukraine and third countries

3.4.   Conclusions on likelihood of a continuation or recurrence of dumping

3.4.1.   PRC

3.4.2.   Ukraine

3.4.3.   Russian federation

4.   DEFINITION OF THE COMMUNITY INDUSTRY

4.1.   Community production

4.2.   Community industry

5.   SITUATION ON THE COMMUNITY MARKET

5.1.   Preliminary remarks

5.2.   Consumption in the Community market

5.3.   Volume, market share and prices of imports from the PRC

5.4.   Imports from other countries concerned by the present review

5.4.1.   Russia

5.4.2.   Ukraine

5.5.   Imports from other third countries not concerned by the present review

5.5.1.   Romania

5.5.2.   Norway

5.5.3.   Other third countries not mentioned above

5.6.   Conclusion

6.   ECONOMIC SITUATION OF THE COMMUNITY INDUSTRY

6.1.   Preliminary remark

6.2.   Production

6.3.   Production capacity and capacity utilisation rates

6.4.   Sales prices and factors affecting domestic prices

6.5.   Stocks

6.6.   Sales volume and market share

6.7.   Investments

6.8.   Growth

6.9.   Employment and wages

6.10.   Productivity

6.11.   Cash flow, ability to raise capital

6.12.   Return on net assets

6.13.   Profitability

6.14.   Magnitude of dumping margin

6.15.   Recovery from the effects of past dumping

6.16.   Conclusion

7.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF INJURY

8.   COMMUNITY INTEREST

8.1.   Introduction

8.2.   Interest of the Community industry

8.2.1.   Impact of the continuation of the measures

8.2.2.   Impact of the expiry of the measures

8.3.   Interest of importers

8.4.   Interest of users

8.5.   Interest of upstream industry

8.6.   Conclusion on Community interest

9.   INTERIM REVIEW

10.   ANTI-DUMPING MEASURES

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping proceeding concerning imports of silicon carbide originating in the Russian Federation and Ukraine falling within CN code 2849 20 00 is hereby terminated and anti-dumping measures imposed on those countries by Regulation (EC) No 1100/2000 are repealed.

Article 2

A definitive anti-dumping duty is hereby imposed on imports of silicon carbide falling within CN Code 2849 20 00 originating in the People's Republic of China.

The rate of the duty applicable to the net, free-at-Community-frontier price, before duty, shall be as follows:

The provisions in force concerning customs duties shall apply.

Article 3

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, 21 August 2006.

For the Council

The President

E. TUOMIOJA            

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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 94, 13.4.1994, p. 21. Regulation as last amended by Regulation (EC) No 1786/97 (OJ L 254, 17.9.1997, p. 6).

(3)OJ L 209, 2.8.1988, p. 1.

(4)OJ L 94, 13.4.1994, p. 32.

(5)OJ L 125, 26.5.2000, p. 3. Regulation as amended by Regulation (EC) No 991/2004 (OJ L 182, 19.5.2004, p. 18).

(6)OJ L 183, 20.5.2004, p. 88.

(7)OJ L 344, 20.11.2004, p. 37.

(8)OJ C 3, 7.1.2004, p. 4

(9)OJ L 131, 25.5.2005, p. 18.

(10)OJ C 159, 30.6.2005, p. 4.

(11)OJ L 168, 21.06.2006, p. 37.

(12)OJ C 254, 14.10.2004, p. 3.

(13)OJ C 129, 26.5.2005, p. 17.

(14)  The Ukraine was granted Market Economy Status through Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). The new status only applies to investigations initiated as from 1 January 2006.

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