Proposal for a COUNCIL REGULATION (EC) amending regulation (EC) nr 2413/95 imposing a definitive antidumping duty on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and South Africa
Date: 1996-01-12
Institutions: European Commission
Subjects: South Africa, anti-dumping duty, customs regulations, ferro-alloy, import

COMMISSION OF THE EUROPEAN  COMMUNITIES 

it 
it 
a 

* 
it 
it 

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meantime, withdrawn its undertaking.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 . h PL 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 
the  impact  of  the 
market  for  ferro-silico-manganese  and  in  order  to  minimize 
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,... 

¥mréie€lmmcil 
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 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg