Council Regulation (EC) No 154/2003 of 27 January 2003 amending the anti-dumping measures imposed by Regulation (EC) No 495/98 and by Regulation (EC) No 2413/95 on imports of ferro-silico-manganese originating in the People's Republic of China and Ukraine
Date: 2003-01-27
Institutions: Council of the European Union
Subjects: China, Ukraine, anti-dumping duty, ferro-alloy, import, originating product

30.1.2003

EN

Official Journal of the European Communities

L 25/25

COUNCIL REGULATION (EC) No 154/2003

of 27 January 2003

amending the anti-dumping measures imposed by Regulation (EC) No 495/98 and by 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,

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.

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) (basic
Regulation), and in particular Article 11(3) thereof,

(5)

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

Whereas:

as well

as Community producers

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

A. PROCEDURE

1. Measures in force

imposed definitive

In March 1998, the Council, by Regulation (EC) No 495/
98 (2),
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 2413/95 (3). The duties took the
form of a specific duty.

2. Initiation

On 13 June 2002, the Commission announced by a
notice (Notice of
Initiation) published in the Official
Journal of the European Communities (4) the initiation of a
the anti-dumping measures
partial
applicable to imports into the Community of
ferro-
silico-manganese originating in the PRC and Ukraine.

interim review of

The review was initiated on an initiative of the Commis-
sion in order to examine the appropriateness of the
measures in force. The current measure, namely a duty
in the form of a specific duty, does not cater for situa-
tions in which imported goods have been damaged
before entry into free circulation.

(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 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (5) envisages,
for the determination of the customs value, an appor-
tioning of the price actually paid or payable in situations
where goods have been damaged before entry into free
circulation.

In order to avoid an excessive amount of anti-dumping
duty being 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 argu-
ments against this proposal.

3. Investigation

(10)

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 of

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
the price actually paid or
circulation and,
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,

therefore,

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

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ L 62, 3.3.1998, p. 1.
(3) OJ L 248, 14.10.1995, p. 1.
(4) OJ C 140, 13.6.2002, p. 8.

(5) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by
Commission Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p.
11).

(1)

(2)

(3)

(4)

L 25/26

EN

Official Journal of the European Communities

30.1.2003

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

The following subparagraph 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
the determination of
payable is apportioned for
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.’

The following paragraph shall be added to Article 1 of Council
Regulation (EC) No 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 Commu-
nities.

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

Done at Brussels, 27 January 2003.

For the Council

The President

P. PAPANDREOU