1993R2552 — EN — 22.10.1994 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 2552/93
of 13 September 1993
imposing a definitive anti-dumping duty on imports of artificial corundum originating in the
People’s Republic of China, the Russian Federation and Ukraine, with the exception of thoseimports sold for export to the Community by companies whose undertakings have been accepted
(OJ L 235, 18.9.1993, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2556/94 of 19 October 1994 L 270 24 21.10.1994
Corrected by:
►C1Corrigendum, OJ L 281, 16.11.1993, p. 19 (2552/93)
1993R2552 — EN — 22.10.1994 — 001.001 — 2
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COUNCIL REGULATION (EEC)No 2552/93
of 13 September 1993
imposing a definitive anti-dumping duty on imports of artificial
corundum originating in the People’s Republic of China, theRussian Federation and Ukraine, with the exception of thoseimports sold for export to the Community by companies whose
undertakings have been accepted
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July
1988 on protection against dumped or subsidized imports from coun-tries not members of the European Economic Community (
1), and in
particular Article 12 thereof,
Havingreg ard to the proposal from the Commission, submitted after
consultations within the Advisory Committee as provided for pursuantto the above Regulation,
Whereas:
(1)In 1991, the Commission, by Decision 91/512/EEC (2), accepted
undertakings in connection with the anti-dumping proceedingsconcerningimports of artificial corundum orig inatingin theSoviet Union, Hungary, Poland, Czechoslovakia, the People’sRepublic of China, Brazil and Yugoslavia, and terminated theinvestigation. No residual anti-dumping duties were imposed atthat time since, in particular, the USSR and Chinese exporters,which actually gave the undertakings, held a monopoly onexports of the product concerned from their countries.
(2)Subsequently, the USSR exporter, V/O Stankoimport, lost itsmonopoly on exports. Exports are now carried out by a numberof new exporters, located in the Russian Federation and Ukraine.As far as China is concerned, undertakings were accepted fromsix trade organizations authorized by the Chinese Chamber ofCommerce to export this product from China. The Commissionhas now found that exports are beingmade from China by otherexporters and trade organizations previously unknown to theCommission. It has also been established that exports of artificialcorundum from China, the Russian Federation and Ukraine havetaken place in substantial quantities and at prices well below theundertakingprices.
(3)The effect of this development is that the existingmeasures forChina, the Russian Federation and Ukraine have become ineffec-tive. Furthermore, the current situation discriminates against theexporters which undertook not to sell artificial corundum belowcertain price levels and thus to eliminate the injurious effect ofdumping.
(4)The Council, therefore, considers that the facts as outlined abovenow require the imposition of a definitive anti-dumpingduty, onthe basis of the findings set out in Decision 91/512/EEC whichthe Council still considers valid, on imports of artificialcorundum originating in the People’s Republic of China, theRussian Federation and Ukraine. The Council further considersthat the findings of the investigation carried out prior to itsadoption remain reliable and that duties may therefore still bebased on them. The exporters which had undertakings accepted
(1) OJ No L 209, 2. 8. 1988, p. 1.
(2) OJ No L 275, 2. 10. 1991, p. 27.
1993R2552 — EN — 22.10.1994 — 001.001 — 3
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and respected their provisions should continue to be exempt fromthe anti-dumpingduty.
(5)Consequently, a definitive anti-dumpingduty should be imposedat the rates correspondingto those established in the aboveinvestigation, i.e. 30,8 % in respect of the People’s Republic ofChina and 9,8 % in respect of the Russian Federation andUkraine.
(6)Article 15 (1) of Regulation (EEC) No 2423/88 provides formeasures to lapse after five years from the date on which theyentered into force or were last modified or confirmed. Althoughthe measures provided for by this Regulation imposing definitiveanti-dumpingduties are linked to the undertaking s accepted byDecision 91/512/EEC, this Regulation does not amend or confirmthe latter within the meaningof Article 15 (1) of Reg ulation(EEC) No 2423/88 and consequently the date on which theundertakings were due to expire pursuant to Article 15 (1)remains unchanged,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumpingduty is hereby imposed on imports of
artificial corundum ►C1fallingwithin CN code ex 2818 10 00 ◄
and originating in the People’s Republic of China, the Russian Federa-tion and Ukraine.
2. The rate of the duty is as follows:
— People’s Republic of China: 30,8 %,
— Russian Federation: 9,8 %,— Ukraine: 9,8 %.
3. The duty shall be levied on the net, free-at-Community-frontier
price, not cleared through customs.
4. The provisions in force with regard to customs duties shall apply.5. The duties shall not apply to imports of the product defined in
paragraph 1, exported into the Community by the following companieswhich gave price undertakings:
▼
M1
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The Russian Federation:— V/O Stankoimport, Moscow.
Article 2
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.