Proposal for a Council Regulation (EC) repealing the anti-dumping measures imposed on imports of disodium carbonate originating in the United States of America
Date: 1997-10-03
Institutions: European Commission
Subjects: United States, anti-dumping measure, chemical salt, import, originating product

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, 

1 OJ No L 56, 6.3.1996, p. 1. 
2 OJ No L 317, 6.12.1996, 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 
enlargement to include Austria, Finland and Sweden" (95/C 40/07)4. 

in  force 

in 

the  Community 

following 

3O J N o L 2 4 4,  12.10.95, p. 32. 
4O J N o C 4 0,  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 

ISSN 0254-1475 

COM(97) 496  final 

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