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
Date: 1995-02-28
Institutions: European Commission
Subjects: China, USSR, anti-dumping duty, jewellery and goldsmith's articles, precious stones, substitute product

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(95)  50 
B r u s s e l s, 

f i n al 

2 8 . 0 2 . 1 9 95 

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) 

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. 

1 
2 

OJ No L275, 2.10.1991, p. 27. 
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 countries  not members of the  European Community  , and in 
dumped imports from cour 

1 

particular Article 8 thereof, 

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 
2 

OJNoL349,31.12.1994,p. 1. 
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 

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