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a it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.01.1996 
COM(95)748 final 
Proposal for a 
ÇQVNCH REFLATION (EC) 
amending Regulation (EC) N° 2413/95 imposing a definitive anti-dumping duty 
on imports of feiro-sitico-manganese originating in Russia, Ukraine, Brazil and 
South Africa 
(presented by the Commission) 

Explanatory Memorandum 
1. The Council, by Regulation (EC) N° 2413/95 of 6 October 1995, imposed a 
definitive anti-dumping duty on imports of ferro-silico-manganese originating in 
Russia, Ukraine, Brazil and South Africa. This Regulation excludes from the 
application of the duty, inter alia, imports of the product produced by the South 
African producer, Highveld Steel and Vanadium Corporation Limited, on the basis 
of an undertaking accepted by the Commission (Commission Decision 95/418/EC 
of 26 July 1995). 
2. Highveld Steel and Vanadium Corporation Limited has, however, in the 
meantime, withdrawn its undertaking. Under these circumstances, a definitive duty 
based on the facts established by the investigation that led to the undertaking 
should be imposed on imports of the product produced by this company, in 
conformity with Article 8(9) of Regulation (EC) N° 3283/94. 
3. On the basis of the investigation findings, the amount of the duty should be set 
as the difference between the minimum import price of ECU 492 per metric tonne 
of product and the net free-at-Community frontier price, before duty, in all cases 
where the net free-at-Community frontier price, before duty, per metric tonne 
product is less than the minimum import price. 
4. The duty should apply with retroactive effect to the date on which registration 
of the imports in question was introduced by the Commission, pursuant to Articles 
10(5) and 14(5) of Regulation (EC) N° 3283/94. 
5. It is therefore proposed that the Council adopts the proposal for a Regulation 
amending Regulation (EC) N° 2413/95 by imposing a definitive anti-dumping 
duty on imports of ferro-silico-manganese produced by Highveld Steel and 
Vanadium Corporation Limited. 
£ 
COUNCIL REGULATION (EC) N°... 
ui •••••••«•••••••••• 
amending Regulation (EC) N° 2419/95 imposing a definitive anti-dumping duty 
on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and 
South Africa 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) N° 3283/94 of 22 December 1994!on 
protection against dumped imports from countries not members of the European 
Community, as last amended by Regulation (EC) No 1251/952 and jn particular 
Article 8,9 and 10 thereof; 
Having regard to the proposal submitted by the Commission after consulting the 
Advisory Committee, 
Whereas : 
A. Background 
(1) In the context of the anti-dumping proceeding concerning imports of ferro-silico-
manganese originating in Russia, Georgia, Ukraine, Brazil and South Africa, the 
Commission, by Decision 95/418/EC of 26 July 19953, accepted an undertaking from, 
inter alia, the South African producer, Highveld Steel and Vanadium Corporation 
Limited. 
^.J.hPL 349,31.12.94 pi > 
2 OJ.N° L 122,2.6J995 pi ^ 
3 0 J N° L 248,14.10.1995, pM 
(2) The Council, by Regulation (EC) N° 2413/95 of 6 October 19954, imposed a 
definitive anti-dumping duty on imports of ferro-silico-manganese originating in 
Russia, Ukraine, Brazil and South Africa and excluded, inter alia, Highveld Steel and 
Vanadium Corporation Limited from the application of the duty on the basis of the 
undertaking accepted by the Commission. Since the investigation was concluded by 
definitive measures adopted by the Council pursuant to Article 12 of Regulation 
(EEC) N° 2423/88 (the former basic Anti-dumping Regulation ) the proceeding is 
now governed by Regulation (EC) N°3283/94 (the new basic Anti-dumping 
Regulation) pursuant to Article 23 of that Regulation. 
B. Withdrawal of undertaking 
(3) Highveld Steel and Vanadium Corporation Limited has, by correspondence 
received by the Commission almost concurrently with the adoption by the Council of 
Regulation (EC) N° 2413/95, withdrawn its undertaking. 
C. Definitive duty 
(4)Pursuant to Article 8(9) of Regulation (EC) N° 3283/95, in case of withdrawal of 
an undertaking, a definitive duty shall be.imposed in accordance with Article 9, on 
the basis of the facts established by the investigation that led to the undertaking 
provided that such investigation was concluded with a final determination as to 
dumping and injury. 
4 O.J.N° L 248, 14.10.1995, p. 1 ,, 
1 
(5)The investigation that led to the acceptance, by Decision 95/418/EC, of an 
undertaking from Highveld Steel and Vanadium Corporation Limited was concluded 
with a final determination, by the Council, of injurious dumping, as far as imports of 
the product produced by this company are concerned. In view of the withdrawal of 
the undertaking, such imports should therefore be subject to a definitive duty. 
(6) Specifically, the dumping margin finally established for Highveld Steel and 
Vanadium Corporation Limited was 45.3% of the free-at-Community frontier prices, 
before duty. Since the dumping margin was lower than the injury threshold found, the 
duty should be set at a level that eliminates the dumpings in conformity with Article 
9(4) of Regulation (EC) N° 3283/94. 
<7) It is recalled that, in the present proceeding, in view of the price sensitivity of the 
market for ferro-silico-manganese and in order to minimize the impact of the 
measures on users in the event of possible significant price increases, the Council 
considered it appropriate mat the duties be imposed in the form of variable duties 
based on a minimum price, free-at-Community frontier, before duty. Such minimum 
price should be, in the case of imports of ferro-silico-manganese produced by 
Highveld Steel and Vanadium Corporation Limited, ECU 492 per metric tonne of 
product. 
(8) In light of the above, the Council concludes that Regulation (EC) N° 2413/95 
should be amended and a definitive duty imposed on imports of ferro-silico-
manganese produced by Highveld Steel and Vanadium Corporation Limited. The 
amount of the duty should be the difference between the minimum import price of 
ECU 492 per metric tonne product and the net free-at-Community frontier price, 
before duty, in all cases where the net free-at-Community frontier price, before duty, 
per metric tonne product is less than the minimum import price. 
r 
D. Retroactivity 
(9) In the present case, given that in the absence of an undertaking a duty should have 
been imposed by Regulation (EC) N° 2413/95 on imports of the product produced by 
Highveld Steel and Vanadium Corporation Limited, it is considered appropriate that 
the duty apply with retroactive effect. To that end, the Commission, by Regulation 
(EC) N° 2698/95, of 22 November 19955, introduced registration with regard to_such 
imports, in conformity with Articles 10(5) and 14(5)of Regulation(EC) N°3283/94. 
(10) It should be noted that, upon the entry into force of the present Regulation, 
registration of the imports in question would serve no further purpose and 
Commission Regulation (EC) N° 2698/95. will cease to apply in accordance with 
Article 1 of that Regulation. 
HAS ADOPTED THIS REGULATION: 
Article J 
1. Article 1(5) of Regulation (EC) N° 2413/95 is replaced by the following: 
"5. For the product originating in South Africa (Taric additional code 8818) the 
amount of the anti-dumping duty shall be the difference between the minimum 
import price of ECU 500 per metric tonne product and the net free-at-Community 
frontier price, before duty, in all cases where the net free-at-Community frontier 
price, before duty, per metric tonne product is less than the minimum import price, 
with the exception of imports produced by the following company, which will oe 
subject to the rate of duty mentioned below. 
5O.J. N°L 280, 23.11.1995, p.20 * 
For die product produced by Highveld Steel and Vanadium Corporation Limited 
(Taric additional code 8874) the amount of the anti-dumping duty shall be the 
difference between the minimum import price of ECU 492 per metric tonne 
product and the net free-at-Çommunity frontier price, before duty, in all cases 
where the net free-at-Community frontier price, before duty, per metric tonne 
product is less than me niinimum import price." 
Âtâiàle 2 
The reference to Highveld Steel &. Vanadium Corporation Limited in Article 1(7) of 
RegtifetionpCI ®° WmBS istaehy deleted. 
JkM<Me3 
This Regulation shall enter into force on the day following its publication in the 
Official Journal of the European Communities. 
It shall apply with effect from the dale of entry into force of Commission Regulation 
(EC) N° 2698/95 introducing registration. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels,... 
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Whefîrœiémt 

ISSN 0254-1475 
COM(95) 748 final 
DOCUMENTS 
EN 02 11 
Catalogue number : CB-CO-95-791-EN-C 
ISBN 92-77-99409-6 
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