98/164/EC: Commission Decision of 26 February 1998 terminating the anti-dumping proceeding concerning imports of silicon metal originating in Brazil
Date: 1998-02-26
Institutions: European Commission
Subjects: Brazil, anti-dumping legislation, import, originating product, semi-metal

L 58/58

EN

Official Journal of the European Communities

27. 2. 98

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 26 February 1998

terminating the anti-dumping proceeding concerning imports of silicon metal
originating in Brazil

(98/164/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
Community (1), as amended by Regulation (EC) No 2331/
96 (2), and in particular Articles 9 and 11 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PROCEDURE

1. Measures in force

By Regulation (EEC) No 2305/92 (3) the Council
imposed a definitive
anti-dumping duty on
imports of silicon metal originating in Brazil.

2. Request for a review

Following the publication in February 1997 of a
Notice of the impending expiry (4) of the measures
in force, the Commission received in May 1997 a
review lodged by the Liaison
request
a
Committee of
(Euro
the
Alliages) on behalf of four Community producers

ferro-alloy

industry

for

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ L 222, 7. 8. 1992, p. 1.
(4) OJ C 36, 5. 2. 1997, p. 12.

representing the total production of the product
request
concerned in the Community. The
contained evidence of dumping of
the product
originating in Brazil and of material injury likely
to result in the event of expiry of the existing
measures which was considered sufficient to justify
the initiation of an expiry review.

by

announced

The Commission
a Notice
published in the Official Journal of the European
Communities (5) the initiation of a review of the
anti-dumping measures applicable to imports into
the Community of silicon metal originating in
Brazil and falling within CN code 2804 69 00 and
commenced an investigation pursuant to Article
11(2) of Regulation (EC) No 384/96 (hereinafter
referred to as the ‘Basic Regulation').

3. Investigation

The Commission officially advised the producers/
exporters and importers known to be concerned as
well as their associations, the representative of the
exporting country,
the complainant Community
producers and representative users of the initiation
of the review. Interested parties were given the
opportunity to make their views known in writing
and to request a hearing within the time-limit set
in the Notice referred to in recital (3).

(3)

(4)

(5) OJ C 242, 8. 8. 1997, p. 3.

27. 2. 98

EN

Official Journal of the European Communities

L 58/59

B. WITHDRAWAL OF THE REQUEST FOR AN
EXPIRY REVIEW AND TERMINATION OF
THE PROCEEDING

(8)

Interested parties were informed of the essential
facts and considerations on the basis of which the
Commission intended to terminate the proceeding
and were given the opportunity to comment. None
of the interested parties referred to in Article 21 of
the Basic Regulation submitted any comments
indicating that such termination would not be in
the Community interest.

The Advisory Committee has been consulted and
has raised no objection.

In the light of the above, the Commission has
concluded that
the continuation of protective
measures in unnecessary and that the proceeding
should be terminated,

(9)

(10)

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceeding concerning imports of
silicon metal falling within CN code 2804 69 00 origin-
ating in Brazil is hereby terminated.

Done at Brussels, 26 February 1998.

For the Commission

Leon BRITTAN

Vice-President

(5)

By letter dated 27 November 1997, EuroAlliages
formally withdrew its request for the expiry review
concerning imports of silicon metal originating in
Brazil and consequently, for the ongoing review
investigation.

In accordance with Article 11(5)
in conjunction
with Article 9(1) of the Basic Regulation, when the
Community industry withdraws its request for an
expiry review, the proceeding may be terminated
unless such termination would not be in the
Community interest. The present investigation has
considerations of
not brought
Community interest which would support
the
continuation of the proceeding.

to light

any

(6)

(7)

it should be recalled that

In this context,
in
parallel with the expiry review, the Commission
was carrying out an interim review limited to
dumping and initiated on 7 January 1997 (1) at the
request of two producers/exporters in Brazil.

corresponding

The
investigation showed no
dumping for both producers/exporters and would
have resulted in a repeal of the measures for both
exporters.

(1) OJ C 3, 7. 1. 1997, p. 13.