1993R2552 — EN — 02.04.1995 — 002.001 — 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
Corrected by:
►C1Corrigendum, OJ L 281, 16.11.1993, p. 19 (2552/93/EEC)
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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, the Rus-sian Federation and Ukraine, with the exception of those importssold for export to the Community by companies whose undertak-
ings 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 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'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 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 number
of new exporters, located in the Russian Federation and
Ukraine. As far as China is concerned, undertakings wereaccepted from six trade organizations authorized by the ChineseChamber of Commerce to export this product from China. TheCommission has 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 thatexports of artificial corundum from China, the Russian Federa-tion and Ukraine have taken place in substantial quantities andat prices well below the undertaking prices.
(3)The effect of this development is that the existing measures forChina, the Russian Federation and Ukraine have become inef-
fective. Furthermore, the current situation discriminates against
the exporters which undertook not to sell artificial corundumbelow certain price levels and thus to eliminate the injuriouseffect of dumping.
(4)The Council, therefore, considers that the facts as outlinedabove now require the imposition of a definitive anti-dumping
duty, on the basis of the findings set out in Decision 91/512/
EEC which the Council still considers valid, on imports of arti-ficial corundum originating in the People's Republic of China,the Russian Federation and Ukraine. The Council further con-siders that the findings of the investigation carried out prior toits adoption remain reliable and that duties may therefore still
be based on them. The exporters which had undertakings
accepted and respected their provisions should continue to beexempt from the anti-dumping duty.1993R2552 — EN — 02.04.1995 — 002.001 — 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 defini-tive anti-dumping duties are linked to the undertakings acceptedby Decision 91/512/EEC, this Regulation does not amend or
confirm the latter within the meaning of Article 15 (1) of Regu-
lation (EEC) No 2423/88 and consequently the date on whichthe undertakings 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 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.
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.1993R2552 — EN — 02.04.1995 — 002.001 — 3
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