Council Regulation (EC) No 1976/1999 of 13 September 1999 amending Regulation (EEC) No 2717/93 imposing a definitive anti-dumping duty on imports of ferro-chrome with a carbon content by weight of maximum 0,5 % (low carbon ferro-chrome), originating in Kazakhstan, Russia and Ukraine
Date: 1999-09-13
Institutions: Council of the European Union
Subjects: Kazakhstan, Russia, Ukraine, anti-dumping duty, chromium, import

17. 9. 1999

EN

Official Journal of the European Communities

L 245/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1976/1999

of 13 September 1999

amending Regulation (EEC) No 2717/93 imposing a definitive anti-dumping duty on imports of
ferro-chrome with a carbon content by weight of maximum 0,5 % (low carbon ferro-chrome),
originating in Kazakhstan, Russia and Ukraine

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 Community (1), and in
particular Article 11(3) thereof,

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

importer of the product covered by the measures in the
Community.

(5)

The Commission sought and verified all information it
deemed necessary for its investigation concerning the
product coverage of the measures and carried out on-
spot verifications at
the following
companies:

the premises of

— Elektrowerk Weisweiler GmbH, Weisweiler, Ger-

many,

— Zimbabwe Alloys Limited, Gweru, Zimbabwe.

(1)

(2)

(3)

(4)

I. PREVIOUS PROCEDURE

By Regulation (EEC) No 2717/93 (2) (hereafter ‘the defin-
itive Regulation’), the Council imposed a definitive anti-
dumping duty on imports of
ferro-chrome with a
carbon content by weight of maximum 0,5 % falling
within CN codes 7202 49 10 and 7202 49 50, origin-
ating in Kazakhstan, Russia and Ukraine. The measures
consist of a specific duty of EUR 0,31 per kilogram net
of low carbon ferro-chrome.

II. REVIEW

On 2 October 1998, by a notice published in the Official
Journal of the European Communities (3) the Commission,
after consulting the Advisory Committee, initiated on its
own initiative a review pursuant to Article 11(3) of
Council Regulation (EC) No 384/96 (hereafter referred to
as ‘the Basic Regulation’) together with an expiry review
the Community industry and
following a request of
commenced an investigation. This interim review was
limited to the clarification of the product coverage of the
measures.

the parties known to be
The Commission gave
concerned the opportunity to make their views known
in writing and to request a hearing.

The Community producer made its views known in
information was received from
writing.
an unrelated
Thyssen Aktiengesellschaft, Germany,

In addition,

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

(2) OJ L 246, 2.10.1993, p. 1.
(3) OJ C 303, 2.10.1998, p. 4.

(6)

(7)

(8)

(9)

III. DETERMINATION OF THE PRODUCT SCOPE OF

COUNCIL REGULATION (EEC) No 2717/93

In accordance with Article 1 of the definitive Regulation,
the product concerned is defined as ‘ferro-chrome with a
carbon content of maximum 0,5 % falling within CN
codes 7202 49 10 and 7202 49 50’
the
‘product investigated’).

(hereafter

The measures imposed by the definitive Regulation did
not specify the minimum chromium content of
the
product investigated.

In application of notes 1(c) and 1(g) of Chapter 72 of
the Combined Nomenclature (Annex I to Council Regu-
lation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff)
certain products having a chromium content of more
than 10 % are also classifiable in CN codes 7202 49 10
and 7202 49 50 and are, hence, subject to the above-
mentioned anti-dumping duty.

However,
in the course of the interim review invest-
igation, it was established that low carbon ferro-chrome
obtained from alloy steel
scrap with a chromium
content up to 30 % (hereafter ‘low chromium product’)
differs significantly from the product
investigated in
several respects. These differences are, in particular, that
the low chromium product is obtained from different
ingredients, that its chromium content as well as its
price is considerably lower than that of the product
investigated, and that it can only be used in the first
stage of stainless steel production, i.e. for the prepara-
tion of a primary crude alloy steel melt.

L 245/2

EN

Official Journal of the European Communities

17. 9. 1999

(10)

In the light of the above differences between the low
chromium product and the product investigated,
it is
concluded that imports of ferro-chrome with a carbon
content by weight of maximum 0,5 % with a chromium
content lower than 30 % should not be included in the
product covered by the measures.

(11) Given the fact that the present review investigation is
limited to the clarification of
that was
intended to be covered by the original measures, to
prevent any consequent prejudice to importers of the
product, it is appropriate that the findings be applied
from the date of the entry into force of the definitive
Regulation.

the product

(12)

The interested parties were informed of the facts and
considerations on the basis of which it was intended to
amend the definitive Regulation, were given an oppor-
tunity to comment, and did not express any objection.

(13) Given the above, the Council concludes that the defin-
itive Regulation should be amended as to the product
coverage of the measures.

(14)

This review does not affect the date on which Regulation
(EEC) No 2717/93 will expire, pursuant to Article 11(2)
of the Basic Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(1) of Regulation (EEC) No 2717/93 is hereby replaced
by the following:

A definitive anti-dumping duty is hereby imposed on
‘1.
ferro-chrome with a carbon content of
imports of
maximum 0,5 % and a chromium content by weight of
30 % and more falling within CN codes 7202 49 10 and
7202 49 50 (Taric Codes: 7202 49 10*11, 7202 49 10*19,
7202 49 50*11 and 7202 49 50*19),
in
Kazakhstan, Russia and Ukraine.’

originating

Article 2

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Commun-
ities and shall apply to all
imports of ferro-chrome with a
carbon content by weight of maximum 0,5 % originating in
Kazakhstan, Russia and Ukraine entered into free circulation in
the Community as from 2 October 1993.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 September 1999.

For the Council

The President

T. HALONEN