1993R2552 — EN — 19.09.1993 — 000.001 — 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)
Corrected by:
►C1Corrigendum, OJ L 281, 16.11.1993, p. 19 (2552/93)
1993R2552 — EN — 19.09.1993 — 000.001 — 2
▼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, 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,
Having regard to the Treaty establishing the 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,
Having regard 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 proceedingsconcerning imports of artificial corundum originating in 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 being made 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 theundertaking prices.
(3)The effect of this development is that the existing measures 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-dumping duty, 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 — 19.09.1993 — 000.001 — 3
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andrespectedtheirprovisionsshouldcontinuetobeexemptfrom
the anti-dumping duty.
(5)Consequently, a definitive anti-dumping duty should be imposedat the rates corresponding to 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-dumping duties are linked to the undertakings accepted byDecision91/512/EEC,thisRegulationdoesnotamendorconfirmthe latter within the meaning of Article 15 (1) of Regulation(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-dumping duty is hereby imposed on imports of
artificial corundum ►C1falling within CN code ex 28181000 ◄
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:
The People’s Republic of China:— China National Machinery and Equipment Import and Export
Corporation, Beijing,
— China No 2 Grinding Wheel Plant, Zhengzhou, Henan,— China No 4 Grinding Wheel Plant, Shangdian, Zi Bo, Shandong,— Shandong Machinery and Equipment Import and Export Corpora-
tion, Qingdao,
— CMEC Guandong Co. Ltd, Guangzhou, Guangdong,— China Abrasives Export United Corp., Henan.
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 .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.