1993R2552 — EN — 10.10.1997 — 003.001 — 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 those
imports 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
►M2Council Regulation (EC) No 709/95 of 27 March 1995 L 73 1 1.4.1995
►M3Council Regulation (EC) No 1951/97 of 6 October 1997 L 276 9 9.10.1997
Corrected by:
►C1Corrigendum, OJ L 281, 16.11.1993, p. 19 (2552/93)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼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 RussianFederation and Ukraine, with the exception of those imports sold forexport to the Community by companies whose undertakings have
been accepted
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988
on protection against dumped or subsidized imports from countries notmembers 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 pursuant tothe 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's
Republic of China, Brazil and Yugoslavia, and terminated the
investigation. 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 on exportsof 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 number of
new exporters, located in the Russian Federation and Ukraine. As
far as China is concerned, undertakings were accepted from sixtrade 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 other
exporters and trade organizations previously unknown to the
Commission. 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
ineffective. Furthermore, the current situation discriminates
against the exporters which undertook not to sell artificialcorundum below certain price levels and thus to eliminate theinjurious effect of dumping.
(4)The Council, therefore, considers that the facts as outlined abovenow require the imposition of adefinitive a nti-dumping duty, on
the basis of the findings set out in Decision 91/512/EEC which
the Council still considers valid, on imports of artificial corundumoriginating in the People's Republic of China, the RussianFederation and Ukraine. The Council further considers that thefindings of the investigation carried out prior to its adoptionremain reliable and that duties may therefore still be based on
them. The exporters which had undertakings accepted and
respected their provisions should continue to be exempt fromthe anti-dumping duty.1993R2552 — EN — 10.10.1997 — 003.001 — 2
(1) OJ No L 209, 2. 8. 1988, p. 1.
(2) OJ No L 275, 2. 10. 1991, p. 27.
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(5)Consequently, adefinitive a nti-dumping duty should be imposed
at the rates corresponding to those established in the above
investigation, 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 byDecision 91/512/EEC, this Regulation does not amend or confirm
the 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, falling within CN codes 2818 10 10 and 2818 10 90
originating in the People's Republic of China.
2. The rate of the duty applicable to the net free-at-Community-
frontier price, before customs clearance, shall be ECU 204 per tonne.
3. Unless otherwise specified, the provisions in force concerning
customs duties shall apply.
Article 2
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1993R2552 — EN — 10.10.1997 — 003.001 — 3
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