COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(95) 50 final 
Brussels, 28.02.1995 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EEC) No 2552/93 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 
(presented by the Commission) 
1 Ci, 
Explanatory memorandum 
••-•-'•'• i 
1. By Decision 91/512/EEC of 25 July 1991 , the Commission accepted an 
undertaking by the Russian exporter V/O Stankoimport given in connection with 
the review of anti-dumping measures concerning imports of artificial corundum. 
On 21 November 1994, Stankoimport informed the Commission services that it 
had decided to withdraw its undertaking, effective as of 1 January 1995. 
2. Article 8 (9) of Council Regulation (EC) No 32S3/942 provides that in the case of 
withdrawal of an undertaking, a definitive anti-dumping shall be imposed on the 
basis of the facts regarding dumping and injury established in the original 
investigation. Application of this provision to the current case leads to an anti­
dumping duty of 9,8 %, which it is thus proposed to impose on the Russian 
exporter V/O Stankoimport. This would be done by deleting the exemption from 
the anti-dumping duty of 9,8 % on imports of artificial corundum from the 
Russian Federation which Stankoimport enjoyed until now. 
OJ No L275, 2.10.1991, p. 27. 
2 OJ No L 349, 31.12.1994, p. h 
COUNCIL REGULATION (EC) No 
of 
amending Regulation (EEC) No 2552/93 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 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) No 3283/94 on protection against 
dumped imports from cour 
particular Article 8 thereof, 1 dumped imports from countries not members of the European Community , and in 
Having regard to the proposal from the Commission submitted after consultation 
within the Advisory Committee, 
Whereas : 
A. Previous Measures 
2 
(1) By Decision 91/512/EEC of 25 July 1991 , the Commission accepted 
undertakings given in connection with the review of anti-dumping measures 
concerning imports of artificial corundum originating in the Soviet Union, 
1 OJNoL349,31.12.1994,p. 1. 
2 OJ No L275, 2.10.1991, p. 27. 
Hungary, Poland, Czechoslovakia, the People's Republic of China, and in 
connection with the anti-dumping proceeding concerning imports of artificial 
corundum 'Originating in Brazil and Yugoslavia. By Council Regulation (EEC) 
'••'•• '3 '..'-."••' '"'-•-•'. 
No 2552/93 , a definitive anti-dumping duty was imposed 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 had been accepted, 
B Withdrawal of undertaking 
(2) The company V/O Stankoimport, an exporter in the Russian Federation 
which had given an undertaking in the above-mentioned proceeding, 
informed the Commission services, in the context of its regular reporting on 
the implementation of the undertaking, that it had started exporting certain 
types of artificial corundum which it had declared not to export in the 
undertaking. Stankoimport also alleged that it was having difficulty in selling 
for export to the Community certain other types of artificial corundum at the 
prices stipulated in the undertaking, due to changes in market conditions. To 
verify the situation, the Commission services visited the company on 20 
September 1994. On 21 November. 1994, Stankoimport informed the 
Commission services that it had decided to withdraw its undertaking, 
effective as of 1 January 1995: 
C. Definitive duty 
(3) Paragraph 9 of Article 8 of Regulation (EC) No 3283/94 states that in case of 
withdrawal of an undertaking, a definitive duty shall be imposed oh the basis 
of the facts established within the context of the investigation which led to 
the undertaking, provided that such investigation was concluded with a final 
determination on dumping and injury. The investigation leading to the 
acceptance of Stankoimport's undertaking by Commission Decision 
91/512/EEC was concluded with a final determination for the Soviet Union of 
OJ No L235,18.9.1993, p, 1. 
"S 
levels of dumping and injury caused thereby, together with a 
determination that the imposition of anti-dumping measures was in the 
interest of the Community. Had it not been for the acceptance of 
Stankoimport's undertaking, an anti-dumping duty would have been 
imposed of 9,8 %. The same rate was subsequently used in Regulation 
(EEC) No 2552/93 as the duty applicable to exporters from the Russian 
Federation other than Stankoimport. The Council thus considers that the 
exemption in Regulation (EEC) No 2552/93 for Stankoimport from the 
duty of 9,8 % should now be revoked and that, consequently, Regulation 
(EEC) No 2552/93 should be amended so to apply the same duty of 
9,8 % to all exporters from the Russian Federation. 
(4) By Regulation (EC) No 2556/944 , the Council already amended paragraph 
5 of Article 1 of Regulation (EEC) No 2552/93 to delete all references to 
the People's Republic of China and to the six Chinese exporters 
mentioned in that paragraph, leaving in place only the undertaking given 
by Stankoimport. The replacement of this undertaking by a definitive anti­
dumping duty can therefore be effected by the deletion of this paragraph. 
HAS ADOPTED THIS REGULATION : 
Article t 
Paragraph 5 of Article 1 of Regulation (EEC) No 2552/93 is hereby deleted. 
Article 2 
This Regulation shall enter into force on the day following its publication in the 
OfficiaJJournaJof the European Communities. 
Ol No L 27fe.2tvY&tSMt p. 2*. 
ISSN 0254-1475 
COM(95) 50 final 
DOCUMENTS 
EN 02 08 11 
Catalogue number : CB-CO-95-060-EN-C 
ISBN 92-77-86064-2 
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