Proposal for a Council Regulation amending the anti-dumping measures imposed by Council Regulation (EC) No 495/98 and by Council Regulation (EC) No 2413/95 on imports of ferro-silico-manganese originating in the People's Republic of China and Ukraine
Date: 2003-01-16
Institutions: European Commission
Subjects: China, Ukraine, anti-dumping legislation, anti-dumping measure, import (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.1.2003
COM(2003) 10 final

Proposal for a

COUNCIL REGULATION

amending the anti-dumping measures imposed by Council Regulation (EC) No 495/98
and by Council Regulation (EC) No 2413/95 on imports of ferro-silico-manganese
originating in the People’s Republic of China and Ukraine

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 13 June 2002 a partial interim review limited to the form of the measure was initiated with
regard  to  anti-dumping  measures  on  imports  into  the  Community  of  ferro-silico-manganese
originating in the People’s Republic of China and Ukraine.

The attached proposal for a Council Regulation is based on the findings of the investigation
with  regard  to  the  need  to  introduce  in  the  operative  part  of  Council  Regulation  (EC)  No
2413/95 and Council Regulation (EC) No 495/98 a clause for damaged goods.

It is therefore proposed that the Council adopt the attached proposal for a Council Regulation
which should be  published in the Official  Journal  of  the  European  Communities  as  soon  as
possible.

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Proposal for a

COUNCIL REGULATION

amending the anti-dumping measures imposed by Council Regulation (EC) No 495/98
and by Council Regulation (EC) No 2413/95 on imports of ferro-silico-manganese
originating in the People’s Republic of China 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  Community1  (“basic
Regulation”), and in particular Article 11(3) thereof,

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

Whereas:

1.

(1)

2.

(2)

A. PROCEDURE

Measures in force

In March 1998, the Council, by Regulation (EC) No 495/982, imposed definitive anti-
dumping  duties  on  imports  of  ferro-silico-manganese  originating  in  the  People’s
Republic  of  China  (the  “PRC”)  and  amended  the  measures  in  force  against  Ukraine
pursuant  to  Council  Regulation  (EC)  No  2413/953.  The  duties  took  the  form  of  a
specific duty.

Initiation

On  13  June  2002,  the  Commission  announced  by  a  notice  (“Notice  of  Initiation”)
published  in  the  Official  Journal  of  the  European  Communities4  the  initiation  of  a
partial  interim  review  of  the  anti-dumping  measures  applicable  to  imports  into  the
Community of ferro-silico-manganese originating in the PRC and Ukraine.

1

2

3

4

OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 1972/2002 
(OJ L 305, 7.11.2002, p. 1).
OJ L 62, 3.3.1998, p. 1.
OJ L 248, 14.10.1995, p. 1.
OJ C 140, 13.6.2002, p. 8.

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(3)

3.

(4)

(5)

The review was initiated on an  initiative  of  the Commission  in  order  to examine the
appropriateness of the measures in force. The current measure, i.e. a duty in the form
of  a  specific  duty,  does  not  cater  for  situations  in  which  imported  goods  have  been
damaged before entry into free circulation.

Investigation

The  Commission  officially  advised  exporting  producers,  the  importers  and  the  users
known  to  be  concerned  and  their  associations,  the  representatives  of  the  exporting
countries  concerned  and  the  Community  producers  about  the  initiation  of  the
proceeding. Interested parties were given the opportunity to make their views known
in  writing  and  to  request  a  hearing  within  the  time  limit  set  out  in  the  Notice  of
Initiation.

A number  of exporting producers in  the  countries  concerned,  as  well  as  Community
producers  and  Community  importers/traders  made  their  views  known  in  writing.  All
parties  who  so  requested  within  the  set  above  time  limit  and  who  demonstrated  that
there were particular reasons why they should be heard were granted the opportunity
to be heard.

(6)

The Commission sought and verified  all the information it deemed  necessary  for  the
purpose of a determination of the appropriateness of the measures in force.

B. RESULTS OF THE INVESTIGATION

(7)

(8)

Article  145  of  Commission  Regulation  (EEC)  No  2454/93  of  2  July  19935  laying
down provisions for  the  implementation of the  Community  Customs Code6 foresees,
for the determination of the customs value, an apportioning of the price actually paid
or  payable  in  situations  where  goods  have  been  damaged  before  entry  into  free
circulation.

In order to avoid that an excessive amount of anti-dumping duty is levied, the specific
duty should, in case of damaged goods, be reduced by a percentage which corresponds
to  the  apportioning  of  the  price  actually  paid  or  payable.  According  to  the  well-
established  rules  set  out  by  the  Community  Customs  Code,  the  customs  value  is
reduced by  a  percentage  which  corresponds  to  the  apportioning  of  the  price  actually
paid or payable.

(9)

No interested party submitted any comments or arguments against this proposal.

(10)

It  is  therefore  concluded  that  in  the  absence  of  any  substantiated  argument  from
interested  parties,  in  cases  where  goods  have  been  damaged  before  entry  into  free
circulation  and,  therefore,  the  price  actually  paid  or  payable  is  apportioned  for  the
determination of the customs value, the specific duty shall be reduced by a percentage
which corresponds to the apportioning of the price actually paid or payable,

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6

OJ L 253, 11.10.1993, p. 1, as last amended by Regulation (EC) No 444/2002
(OJ L 68, 12.3.2002, p. 11).
Council Regulation (EEC) No 2913/92 (OJ L 302, 19.10.1992, p. 1).

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HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 1 of Council Regulation (EC) No 2413/95

“In cases where goods have been damaged before entry into free circulation and, therefore,
the price actually paid or payable is apportioned for the determination of the customs value
pursuant  to  Article  145  of  Commission  Regulation  (EEC)  No  2454/93,  the  amount  of  anti-
dumping  duty,  calculated  on  the  basis  of  the  amounts  set  above,  shall  be  reduced  by  a
percentage which corresponds to the apportioning of the price actually paid or payable.”

Article 2

The following paragraph shall be added to Article 1 of Council Regulation (EC) 495/98:

“3.  In  cases  where  goods  have  been  damaged  before  entry  into  free  circulation  and,
therefore,  the  price  actually  paid  or  payable  is  apportioned  for  the  determination  of  the
customs  value  pursuant  to  Article  145  of  Commission  Regulation  (EEC)  No  2454/93,  the
amount  of  anti-dumping  duty,  calculated  on  the  basis  of  the  amounts  set  above,  shall  be
reduced by a percentage which corresponds to the apportioning of the price actually paid or
payable.”

Article 3

This  Regulation  shall  enter  into  force  on  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
The President

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