COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03 10 1997 
COM(97) 496 final 
97/ 0247 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
repealing the anti-dumping measures imposed on imports of disodium carbonate 
originating in the United States of America 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Subject : Proposal for a Council Regulation repealing the regulation imposing 
anti-dumping duties on imports of disodium carbonate (soda-ash) 
originating in the USA 
1. Please find herewith a proposal for a Council regulation repealing the Regulation 
imposing anti-dumping duties on imports of disodium carbonate originating in the 
United States of America. 
2. The enclosed proposal for a Council Regulation is a result of the fact that, in the course 
of an interim review, Community producers, representing around 80% of the total 
Community production of soda-ash, withdrew their support for the anti-dumping 
proceeding and consequently the review investigation, for reasons particular to the 
position of these companies on the Community market. 
3. In accordance with the provisions of the Basic Regulation, a proceeding must be 
terminated when it is no longer supported by Community producers whose collective 
output represents a major proportion (25%) of the total Community production, unless 
this termination would not be in the interest of the Community. 
4. In view of the fact that this threshold is no longer met by other Community producers 
which continued to support the proceeding and since no particular Community interest 
aspects were put forward as to why measures should be continued in spite of the 
withdrawal of support by the greate majority of the Community industry, it is proposed 
that the Council repeal the Regulation imposing anti-dumping duties against imports of 
disodium carbonate from the United States of America. 
4-
PROPOSAL FOR A 
COUNCIL REGULATION (EC) No 
of 
repealing the anti-dumping measures imposed on imports of disodium carbonate 
originating in the United States of America 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection 
against dumped imports from countries not members of the European Community1, as 
amended by Regulation (EC) No 2331/96 , and in particular Articles 9 and 11 (3) thereof, 
Having regard to the proposal from the Commission after consulting the Advisory 
Committee, 
2 OJ No L 317, 6.12.1996, p. 1 1 OJ No L 56, 6.3.1996, p. 1. 
1. 
A. 
Whereas: 
A. PREVIOUS PROCEDURE 
(1) By Regulation (EC) No 2381/95 of 10 October 1995, the Council imposed a definitive 
anti-dumping duty on imports of disodium carbonate originating in the USA and 
decided to definitively collect the provisional duty imposed 3. 
(2) In Council Regulation (EC) No 2381/95 it was foreseen that the Commission would 
conduct a review of the measures after one year from the date of their imposition in 
order to examine, in particular, the situation on the Community soda ash market and 
the position of users of soda ash in the Community. 
(3) A request for an interim review of the measures in question under Article 11 (3) of 
Council Regulation (EC) No 384/96 (hereafter the basic Regulation) was lodged on 13 
July 1996 by four United States producers/exporters, namely FMC Corporation, 
General Chemical (Soda Ash) Partners, North American Chemical Company and OCI 
Chemical Corporation, as provided for by the Commission's "Notice regarding the 
application of anti-dumping measures in force in the Community following 
enlargement to include Austria, Finland and Sweden" (95/C 40/07)4. 
3OJNoL244, 12.10.95, p. 32. 
4OJNoC40, 17.2.1995, p. 5. 
B. REVIEW 
(4) Based on the above, the Commission decided to initiate, on its own initiative, an 
interim review of the anti-dumping measures applicable to imports of disodium 
carbonate originating in the USA pursuant to Article 11 (3) of the basic Regulation.5 
C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 
1. Product under consideration 
(5) The product under consideration is disodium carbonate (soda ash), which is 
characterised by having as its principal component NA2CO3 (Sodium Carbonate 
anhydrous). It falls within CN code 2836 20 00. 
(6) The main uses of soda ash are in the following industries: glass, steel, chemical, 
detergent, paper and pulp, food and water treatment. 
2. Like product 
(7) It was established that the soda ash produced and sold in the Community and that 
produced in the USA and sold therein and exported to the Community were alike as 
regards their essential basic physical and technical characteristics and their potential 
use. Consequently, all these products are considered a like product within the meaning 
of Article 1 (4) of the basic Regulation. 
OJ No C253, 31.8.96, p.23. 
D. DEFINITION OF COMMUNITY INDUSTRY 
(8) The Community industry consists of the following producers, all members of the 
complainant European Chemical Industry Council (CEFIC), which co-operated in the 
investigation: 
- Solvay Ôsterreich A.G. (A), 
- Solvay SA (B) 
- Akzo Chemicals BV (NL) 
- Solvay SA (F) 
- Rhône-Poulenc SA (F) 
- Matthes & Weber GmbH (D) 
- Solvay Alkali GmbH (D) 
- Sodawerk Stassfurt GmbH (D) 
- Solvay SA, Milano (I) 
- Solvay Portugal Productos Quimicos SA (P) 
- Solvay SA (ES) 
- Brunner Mond (UK) Ltd (UK) 
E. WITHDRAWAL OF SUPPORT FOR THE PROCEEDING 
(9) On 8 April 1997 four Community producers representing around 80% of total 
Community production of soda ash withdrew their support for the anti-dumping 
proceeding and consequently to the ongoing review investigation for reasons which arc 
particular to the position of these companies on the Community market. Two 
Community producers, representing around 20% of total Community production, 
continued to support the proceeding and the continuation of the investigation. 
(10) This situation occurred at a point in time when the investigation on dumping and injury 
were not entirely completed. 
F. ANALYSIS 
(11) The Council considers that, in the light of the provisions of Articles 3 (1), 4 (1) and 5 
(4) of the basic Regulation, a proceeding must be terminated where it is no longer 
supported by Community producers whose collective output represents a major 
proportion of the total Community production, unless this termination would not be in 
the interest of the Community. In accordance with the above mentioned provisions this 
major proportion consists of 25% of the total Community production of the like 
product. 
(12) One producer has argued that the termination of the proceeding is not in the 
Community interest since it would leave the Community industry unprotected in case 
of sporadic dumping by the US producers, as it took place in the past. This could have 
a negative impact on the economic, financial and employment situation of the 
Community industry as well as on the significant investments made. It was further 
argued that at least the measures in force should only be suspended for nine months in 
accordance with Article 14 (4) of the basic Regulation. 
(13) The arguments submitted by the producer concerned can be summarised in that a non 
major proportion of the Community industry would be injured if the proceeding is 
terminated. This alone is however not a sufficient reason to continue anti-dumping 
proceedings on the basis of Articles 3 (1), 4 (1) and 5 (4) of the basic Regulation. No 
particular Community interest aspects were put forward why measures should be 
continued in spite of the withdrawal of support of other producers. For these reasons 
the above arguments have to be rejected. As far as the request for suspension of the 
measures is concerned no arguments were put forward showing that the conditions in 
Article 14 (4) of the basic Regulation are met. Therefore, the request for a suspension 
could not be accepted either. 
G. CONCLUSIONS 
(14) In conclusion, the Council does not see any reason which would justify continuing the 
proceeding. Regulation (EC) No 2381/95 imposing anti-dumping duties on imports of 
disodium carbonate originating in the USA should therefore be repealed. 
(15) The Commission informed the interested parties of its intention to repeal the anti­
dumping measures on disodium carbonate originating in the United States of America 
and no other representations than those mentioned in recitals 12 and 13 were made by 
these parties. 
HAS ADOPTED THIS REGULATION: 
Article J 
The anti-dumping measures imposed by Regulation (EC) No 2381/95 on imports of 
disodium carbonate (soda ash), falling within CN code 2836 20 00 and originating 
from the United States of America, are hereby repealed. 
Article 2 
This regulation shall enter into force as from the day following that of 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. 
Done at Brussels, 
For the Council 

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COM(97) 496 final 
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