WRITTEN QUESTION No. 11/98 by Graham MATHER to the Commission. Review of measures applicable to silicon originating in the People's Republic of China
Date: 1998-01-29
Institutions: European Parliament, MATHER
Subjects: China, anti-dumping duty, anti-dumping legislation, dumping, import, semi-metal

17. 7. 98

EN

Official Journal of the European Communities

C 223/83

(98/C 223/103)

WRITTEN QUESTION E-0011/98

by Graham Mather (PPE) to the Commission

(29 January 1998)

Subject: Review of measures applicable to silicon originating in the People(cid:146)s Republic of China

Following the completion of a lengthy review of these measures, in July 1997 the Commission brought forward
to the Member States proposals to increase duties payable on silicon originating in the People(cid:146)s Republic of
China.  These  proposals  were  rejected  by  eight  votes  to  seven  in  the  Anti-Dumping  Committee,  yet  the
Commission proceeded with their proposals and have referred them to the Council of Ministers.

1.  On  what  basis  was  the  Commission(cid:146)s  decision  to  overlook  the  recommendations  of  the  Anti-Dumping

Committee taken?

2.  What is the justification for the proposal to raise these duties?

3.  When is the abandonment of these duties envisaged?

Answer given by Sir Leon Brittan on behalf of the Commission

(18 February 1998)

Anti-dumping procedures are governed by Council Regulation (EC) No 384/96, Article 9(4) of which provides
that  definitive  anti-dumping  duties,  such  as  are  mentioned  by  the  Honourable  Member,  are  imposed  by  the
Council, acting by a simple majority. Before submitting its proposal to the Council, the Commission consults the
advisory committee, which does not formally accept or reject the Commission(cid:146)s proposal as it has no decision
making powers in this respect, the decision being reserved for the Council.

As  regards  the  specific  case  of  measures  imposed  on  imports  of  silicon  metal  originating  in  China,  the
Commission(cid:146)s proposal in the light of the review was not that the duties should be increased, but that the duty
should be changed from the present fixed duty of ECU 396 per tonne to an ad valorem duty of 49%, (which, if
expressed as a fixed duty, amounts to ECU 376.5 per tonne). The new duty therefore represents a decrease in the
level of the measures.

The proposal having been adopted by the Council after a review covering both dumping and injury, the measures
are, pursuant to Article 11(1) of Council Regulation (EC) No 384/96, due to lapse on 17 December 2002 (five
years  after  their  entry  into  force).  However,  in  accordance  with  Article  11(3)  of  Council  Regulation  (EC)
No  384/96  of  22  December  1995  on  protection  against  dumped  imports  from  countries  not  members  of  the
European Community (1):

(cid:145)3. ... the ... imposition of measures may also be reviewed ... provided that a reasonable period of time of at
least one year has elapsed since the imposition of the definitive measure, upon a request by any exporter or
importer  or  by  the  Community  producers  which  contains  sufficient  evidence  substantiating ...  that  the
continued imposition of the measure is no longer necessary to offset dumping and/or that the injury would be
unlikely to continue or recur [.]

Should such a review conclude that the measures were no longer necessary, they would be repealed with effect
from the conclusion of the review.

(1)  OJ L 56, 6.3.1996.

(98/C 223/104)

WRITTEN QUESTION E-0013/98

by Hiltrud Breyer (V) to the Commission

(29 January 1998)

Subject: Unauthorized release of Monsanto sugar beet in the Netherlands

There are reports that two tons of sugar beet from field trials in the Netherlands, which had not been approved for
marketing for any purpose, were mixed with conventional crops and entered the food chain as refined sugar via
the Dutch Co-operative Sugar Company. The pulp has reportedly been used for animal feed.