Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Regulation (EC) No 408/2002 on imports of certain zinc oxides originating in the People's Republic of China to imports of certain zinc oxides consigned from Vietnam, whether declared as originating in Vietnam or not, and to imports of certain zinc oxides originating in the People's Republic of China and mixed with silica
Date: 2003-08-14
Institutions: European Commission
Subjects: China, Viet Nam, anti-dumping duty, import, originating product, oxide, zinc

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.8.2003
COM(2003) 504 final

Proposal for a

COUNCIL REGULATION

extending the definitive anti-dumping duty imposed by Regulation (EC) No 408/2002 on
imports of certain zinc oxides originating in the People's Republic of China to imports of
certain zinc oxides consigned from Vietnam, whether declared as originating in Vietnam
or not, and to imports of certain zinc oxides originating in the People’s Republic of
China and mixed with silica

.

(presented by the Commission)

1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM

By  Regulation  (EC)  No  408/2002,  the  Council  imposed  in  March  2002  definitive
anti-dumping duties  ranging  from  6,9  %  to  28  %  on  imports  of  zinc  oxides  with  a
purity  of  not  less  than  93  %  zinc  oxide  (zinc  oxides)  originating  in  the  People’s
Republic of China (the PRC).

Following a request lodged on behalf of producers representing a major proportion of
the  Community  production  of  zinc  oxides,  the  Commission  initiated  in  December
2002 an investigation into the alleged circumvention of the measures on imports of
zinc  oxides  originating  in  the  PRC  by  imports  of  zinc  oxides  consigned  from
Vietnam or imports of zinc oxides mixed with other substances (notably silica).

The investigation showed a significant increase in the imports of zinc oxides into the
Community from Vietnam after the imposition of the definitive anti-dumping duties
and  a  simultaneous  decrease  in  the  imports  from  the  PRC.  The  verification  also
showed  the  existence  of  imports  of  a  mixture  of  zinc  oxides  with  silica.  These
imports  of  zinc  oxides  consigned  from  Vietnam  and  mixed  with  silica  started  after
the  imposition  of  the  measures  in  March  2002.  For  these  practises  no  economic
justification or sufficient due cause could be established other than the avoidance of
the anti-dumping duty on zinc oxides.

It is therefore proposed to extend the definitive anti-dumping duty of 28 % imposed
on imports of zinc oxides originating in the PRC to imports of zinc oxides consigned
from Vietnam, whether declared as originating in Vietnam or not, and to zinc oxides
presented mixed with silica originating in the PRC.

2

Proposal for a

COUNCIL REGULATION

extending the definitive anti-dumping duty imposed by Regulation (EC) No 408/2002 on
imports of certain zinc oxides originating in the People's Republic of China to imports of
certain zinc oxides consigned from Vietnam, whether declared as originating in Vietnam
or not, and to imports of certain zinc oxides originating in the People’s Republic of
China and mixed with silica

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), as last
amended by Regulation (EC) No 1972/2002(2) and in particular Article 13 thereof,

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

Whereas:

A.

PROCEDURE

1.

Existing measures

(1) 

(2) 

By  Regulation  (EC)  No  408/2002(3)  (the  original  Regulation),  the  Council  imposed
definitive anti-dumping duties ranging  from 6,9 % to 28 % on imports of zinc oxide
with a purity of not less than 93 % zinc oxide (zinc oxides) originating in the People's
Republic of China (the PRC).

2.

Request

On 18 November 2002, the Commission received a request pursuant to Article 13(3)
of  Regulation  (EC)  No  384/96  (the  basic  Regulation)  to  investigate  the  alleged
circumvention  of  the  anti-dumping  measures  imposed  on  imports  of  zinc  oxides
originating  in  the  PRC.  The  request  was  submitted  by  Eurometaux  on  behalf  of
producers  representing  a  major  proportion  of  the  Community  production  of  zinc
oxides.

1

2

3

OJ L 56, 6.3.1996, p. 1.
OJ L 305, 7.11.2002, p. 1.
OJ L 62, 5.3.2002, p. 7.

3

                                                
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

The request alleged that there had been a change in the pattern of trade following the
imposition of the anti-dumping measures on imports of zinc oxides originating in the
PRC, as shown by a significant increase in imports of the same product from Vietnam
while imports from the PRC had decreased substantially during the same time span.

This change in the pattern of trade was alleged to stem both from the transhipment of
zinc oxides originating in the PRC via Vietnam. In addition, it was further alleged that
zinc  oxides  originating  in  the  PRC  are  being  mixed  with  other  substances,  such  as
silica, thereby falling outside the relevant TARIC code. It was further alleged that as
the  basic  characteristics  and  uses  of  the  product  remain  unchanged,  there  was
insufficient  due  cause  or  economic  justification  for  these  practices  other  than  the
existence of the anti-dumping duties on zinc oxides originating in the PRC.

Finally,  the  applicant  alleged  that  the  remedial  effects  of  the  existing  anti-dumping
duties on zinc oxides originating in the PRC were being undermined both in terms of
quantities  and  prices  and  that  dumping  was  taking  place  in  relation  to  the  normal
values previously established.

3.

Initiation

The Commission initiated an investigation by  Regulation (EC)  No 2261/2002(4)  (the
initiating  Regulation)  and,  pursuant  to  Articles  13(3)  and  14(5)  of  the  basic
Regulation,  directed  the  customs  authorities  to  register  imports  of  zinc  oxides
consigned from Vietnam, whether declared as originating in Vietnam or not, under CN
code Taric 2817 00 00 11, and imports of the zinc oxides mixed with other substances
originating  in  the  PRC  under  CN  code  Taric  2817  00  00  19,  as  from  20  December
2002.

4.

Investigation

The Commission advised the authorities of the PRC and Vietnam of the initiation of
the investigation. Questionnaires were sent to the producers/exporters in the PRC and
Vietnam as well as to importers in the Community named in the request or known to
the  Commission  from  the  original  investigation.  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 initiating Regulation.

Five producers/exporters in the PRC submitted completed replies to the questionnaires
whilst  no  reply  was  received  from  producers/exporters  in  Vietnam.  Replies  to  the
questionnaire  were  also  submitted  by  four  importers  in  the  Community.  The
Commission carried out verification visits at the premises of the following companies:

Unrelated importers:

– 

– 

– 

Norkem Ltd, Knutsford, UK;

Norkem B.V., Enkhuizen, The Netherlands;

Almiberia, S.A., San Antonio de Benagéber, Spain;

4

OJ L 344, 19.12.2002, p. 12.

4

                                                
– 

Explorer, s.r.l, Sassuolo, Italy.

Chinese producers/exporters:

– 

– 

-

Liuzhou Fuxin Chemical Industry Co. Ltd, Liuzhou, China;

Liuzhou  Nonferrous  Metals  Smelting  Co.  Ltd,  Liuzhou,  China,  and  its
related exporter;

Liuzhou Nonferrous Metals Smelting Import & Export Co. Ltd, Liuzhou,
China.

5.

Investigation period

(9) 

The  investigation  period  covered  the  period  from  1  October  2001  to  30  September
2002 (the IP). Data was collected from 2000 up to the IP to investigate the change in
the pattern of trade.

B.

RESULTS OF THE INVESTIGATION

1.

General considerations/degree of cooperation

(a) Vietnam

(10)  No producers/exporters of zinc oxides in Vietnam co-operated in the investigation. It
was  made  clear  to  the  companies  involved  that  non  co-operation  may  lead  to  the
application  of  Article  18  of  the  basic  Regulation.  The  Vietnamese  Government  (the
Ministry of Trade), in reaction to the initiation of the investigation, made it clear that
no  exports  of  zinc  oxides  of  Vietnamese  origin  to  the  Community  have  taken  place
throughout  the  year  2002,  and  that  the  Vietnamese  authorities  have  not  granted  any
certificates of Vietnamese origin for exports of zinc oxides.

(b) PRC

(11)  The five Chinese  producers/exporters  that  co-operated in the  investigation accounted
for close  to  100  % in  volume of  the  total  imports  of  zinc  oxides  declared  under  CN
Code 2817 00 00 from the PRC during the IP, as reported by Eurostat.

(12) 

It  should  be  noted  that  during  the  IP  of  the  original  investigation  the  co-operating
companies in the current investigation represented only 22 % of the total exports to the
Community. This means that the major part of the exported quantities in the original
investigation  were  exported  by  companies  that  are  non-co-operating  in  the  current
investigation.  It  was  made  clear  to  these  non  co-operating  companies  that  non  co-
operation may lead to the application of Article 18 of the basic Regulation.

5

(13)  One  Chinese  Company,  for  which  an  individual  duty  had  been  established  in  the
original  investigation  and  which  was  subject  to  a  periodical  monitoring  by  the
Commission(5) on a six monthly basis, argued that it was not necessary for it to fill in
the  questionnaire  since  the  Commission  had  previously  visited  the  company  in  the
context  of  the  periodical  monitoring  and  all  the  data  requested  in  the  present
investigation were already available. It was informed that it should nevertheless reply
to the questionnaire, since data collected for other purposes and for a different period
were  not  sufficient  for  the  purpose  of  the  present  investigation.  The  export  data
requested in the present investigation were not completely covered by the previously
submitted  monitoring  reports.  As  the  company  did  not  submit  any  questionnaire
response, they were informed that it would be treated as a non-co-operating party and
that  therefore,  in  their  respect,  findings  would  be  made  on  the  basis  of  the  facts
available in accordance with Article 18 of the basic Regulation.

2.

Product concerned and like product

(14)  The product concerned is, as defined in the original investigation, zinc oxide (chemical
formula  ZnO)  with  a  purity  of  not  less  than  93  %  zinc  oxide,  currently  classifiable
within CN code ex 2817 00 00 (TARIC code 2817 00 00*12).

(15)  The investigation has shown that the product concerned, zinc oxides, are imported into
the  Community  presented  in  two  different  forms:  either  as  zinc  oxides  or  as  zinc
oxides  mixed  with  silica.  The  investigation  has  also  shown  that  the  mixing  of  zinc
oxides with silica does not alter the basic physical and chemical characteristics of the
product  concerned,  as  the  zinc  oxides  maintain  their  molecular  structure  and  their
chemical properties intact. Furthermore, the investigation has shown that for instance
in the in the case of the ceramic tile industry - which is one of the major users of zinc
oxides  –  the  product  concerned  must  in  any  event  be  mixed  with  several  other
substances, including silica, in order to be used in the production of tiles.

(16) 

In  the  absence  of  co-operation  and  considering  the  change  in  the  pattern  of  trade  as
described in recitals (20) and (21) it must be inferred that the zinc oxides exported to
the Community from the PRC and those consigned from Vietnam have the same basic
physical and chemical characteristics and have the same uses. They are therefore to be
considered as like products within the meaning of Article 1(4) of the basic Regulation.

(17)  On the basis  of  the information  available,  it  is  considered  that  zinc  oxides  presented
mixed with silica still maintain their individual characteristics and should therefore be
considered the same product as zinc oxides which are not presented in a mixed form.
Consequently, zinc oxide mixed with silica and zinc oxide originating in the PRC are
considered as like products within the meaning of Article 1(4) of the basic Regulation.

3.

Change in the pattern of trade

(18)  As stated in recital (4) the change in the pattern of the trade was alleged to stem from
two practices, either transhipment via Vietnam or by mixing of zinc oxides with other
substances, such as silica.

5

Recital 59 of the original Regulation.

6

                                                
(a) Zinc oxides consigned from Vietnam

(19)  As no Vietnamese company co-operated in the investigation, exports from Vietnam to
the  Community  had  to  be  established  on  the  basis  of  the  facts  available  pursuant  to
Article  18  of  the  basic  Regulation.  Eurostat  data  at  CN  level,  which  were  the  most
appropriate information available in such a situation, were therefore used to establish
the export prices and quantities from Vietnam to the Community.

(20) 

Imports of zinc oxides from Vietnam increased from 0 tonnes both in 2000 and 2001
to 6 523 tonnes at the end of the  IP (September 2002).  These imports from Vietnam
commenced  in  fact  in  March  2002,  thus  at  the  same  time  as  the  imposition  of  the
definitive duty.  Imports  into  the Community of  zinc oxides  from  the  PRC  decreased
substantially,  from  47 326  tonnes  in  2000  (the  IP  of  the  original  investigation)  to
35 732 tonnes in 2001, and to 16 873 tonnes during  the  IP.  This  shows that  a strong
decrease of exports from the PRC has occurred after the initiation of the original anti-
dumping investigation.

(21)  According to data collected from Chinese trade statistics, before the imposition of the
measures  the  exports  of  the  product  concerned  from  the  PRC  to  Vietnam  have  been
relatively stable, amounting to 1 643 tonnes in the year 2000 and to 2 029 tonnes in the
year  2001.  However,  in  the  year  2002  these  exports  increased  dramatically  to
12 609 tonnes. In the period between the imposition of the duties in March 2002 and
the  end  of  the  IP  in  September  2002,  the  exports  amounted  to  8  482  tonnes.  As
indicated  above,  in  the  same  time  period,  6  523  tonnes  have  been  exported  to  the
Community from Vietnam. This shows that imports of zinc oxides originating  in the
PRC into Vietnam have increased substantially in the year 2002, at a pace very similar
to the increase of exports from Vietnam to the Community in the same period.

(22)  From the figures above it can be concluded that a clear change in the pattern of trade is
established and coincided, in the case of both exporting countries, with the entry into
force of the anti-dumping measures on the product concerned originating in the PRC
in March 2002.

(b) Zinc oxides mixed with silica

(23) 

In  the  request  it  was  alleged  that  zinc  oxides  originating  in  the  PRC  were  presented
mixed  with  other  substances  and  declared  under  another  customs  heading  when
imported  into  the  Community.  The  verification  of  the  data  of  one  co-operating
importer has confirmed the fact that zinc oxides have been imported mixed with silica.
These  imports  were  purchased  from  a  Chinese  producer/exporter  which  did  not  co-
operate  in  the  investigation  and  they  were  declared,  on  the  basis  of  Binding  Tariff
Information (BTI) from the customs authorities of one Member State, under CN code
3824 90 99, which makes the imports concerned not subject to anti-dumping duties.

(24)  For  this  importer,  it  has  been  established  that  the  imports  of  zinc  oxides  presented
mixed  with  silica  started  after  the  imposition  of  the  measures  in  March  2002.
However, in consideration of the fact that the co-operating importers only cover 65 %
of  the  total  imports  to  the  Community  it  cannot  be  excluded  that  other  non  co-
operating  importers  have  used  the  same  practice.  Indeed  the  request  contained
evidence that this practice may have been applied by at least another importer which
did not co-operate in the investigation.

7

(25)  Considering  that  the  exporting  companies  co-operating  in  this  investigation  only
represented 22 % of the exports during the IP of the original, but close to 100 % in the
current investigation and that the total exports from the PRC into the Community have
dropped from 47 367 tonnes to 16 873 tonnes, it is reasonable to conclude that part of
this decrease could be explained by the imports of zinc oxides presented mixed with
silica.  Given  the  high  percentage  of  non  co-operation,  it  was  considered  that
significant  quantities  of  zinc  oxides  presented  mixed  with  silica  may  have  been
exported from China to the Community,  declared under CN  codes not subject to  the
duties.

(26)  Based  on  best  evidence  available  pursuant  to  Article  18  of  the  basic  Regulation,  a
change in the pattern of trade is established, which coincided with the entry into force
of  the  anti-dumping  measures  on  the  product  concerned  originating  in  the  PRC  in
March 2002.

4.

Insufficient due cause or economic justification

(27) 

In the absence of cooperation, and given the coincidence in time with the imposition
of the anti-dumping measures on the product concerned originating in the PRC, it has
to be concluded that the change in the pattern of trade stemmed from the imposition of
the  anti-dumping  duty  rather  than  from  any  other  sufficient  due  cause  or  economic
justification  within  the  meaning  of  Article  13(1),  second  sentence  of  the  basic
Regulation.

(28)  This conclusion is reinforced by the fact that no zinc oxides of Vietnamese origin have
been  exported  to  the  Community,  as  declared  by  the  Vietnamese  authorities.
Moreover, it can be inferred from the parallelism of the trends that the imports from
the PRC to Vietnam were not meant for the Vietnamese market, but were meant to be
re-exported. (See recitals (20) and (21)).

(29)  As  far  as  zinc  oxides  presented  mixed  with  silica  are  concerned,  no  due  cause  or
economic justification has been provided to explain the change in the pattern of trade.
In fact, silica is a cheap material and in abundant supply in the Community in general
and  therefore  there  is  no  economical  justification  to  transport  the  silica  from  China
since  this  is  unnecessarily  increasing  the  total  transport  cost.  Imports  of  zinc  oxides
presented mixed with silica coincided with the entry  into  force of  the measures.  The
exporter of the mixture did not co-operate and in addition the importer did not bring
forward  any  reasonable  ground,  other  than  avoiding  the  payment  of  anti  dumping
duties,  for  carrying  out  the  mixture  in  the  country  from  which  the  goods  were
exported.

(30) 

It is, therefore, concluded that no reasonable grounds, other than avoiding the existing
anti-dumping  duties  on  imports  of  zinc  oxides  originating  in  the  PRC,  could  be
established for the change in the pattern of trade observed.

5.

Undermining  of  the  remedial  effects  of  the  duty  in  terms  of  the  prices
and/or the quantities of the like products

(31) 

It is evident from the trade flow analysis made in recitals (20) and (21) that a change
in  the  pattern  of  Community  imports  occurred  since  the  imposition  of  the  measures,
and that this marked change in trade flows undermined the remedial effects of the anti-
dumping measures in terms of quantities imported into the Community market.

8

(32)  With regard to prices of the products consigned  from Vietnam and in the absence of
co-operation  from  exporters,  Eurostat  data  revealed  that  export  prices  from  Vietnam
were  even  lower  than  the  export  prices  established  for  the  PRC  in  the  original
investigation.  Consequently,  the  prices  of  Vietnamese  exports  of  the  product
concerned  to  the  Community  are  below  the  injury  elimination  level  of  Community
prices as established in the original investigation.

(33)  With regard to prices of the imported zinc oxides presented in a mixed form and given
the non co-operation, recourse had to be made to the best evidence available, i.e. the
figures of the co-operating importer for which this practice had been observed. These
data  revealed  that  the  import  prices  submitted  by  this  company  are  below  the  injury
elimination level of Community prices as established in the original investigation.

(34) 

It is therefore concluded that the imports concerned undermine the remedial effects of
the duty both in terms of quantities and prices.

6.

Evidence  of  dumping  in  relation  to  the  normal  values  previously
established for like or similar products

(35) 

(36) 

In order to determine whether evidence of dumping could be found with respect to the
product  concerned  exported  to  the  Community  from  Vietnam  during  the  IP  and  the
imports  of  zinc  oxides  presented  mixed  with  silica,  export  prices  established  on  the
basis  of  Eurostat  data  and  the  figures  of  the  co-operating  importer  were  used.  As
concerns imports from Vietnam it has been  established that  prices  from  Vietnam  are
more than 15 % lower than the Chinese export prices in the original investigation. As
concerns the export prices for the zinc oxides presented mixed with silica, taking into
account the quantity of silica in the mix, it has been established that these export prices
are more than 22 % lower than the Chinese export prices in the original investigation.

It  has  to  be  recalled  that  Article  13(1)  of  the  basic  Regulation  requires  evidence  of
dumping in relation to the normal values previously established for the like or similar
products  but  does  not  require  the  establishment  of  a  new  dumping  margin.  In
accordance  with  Article  13(1)  of  the  basic  Regulation,  the  normal  value  previously
established was the normal  value  used  in  the original investigation.  At that  time, the
United States of America were found to be the appropriate market economy analogue
country for the PRC.

(37)  For the purpose of a fair comparison between the normal value and the export price,
due  allowance,  in  the  form  of  adjustments,  was  made  for  differences  which  affect
prices  and  price  comparability.  These  adjustments  were  made  in  accordance  with
Article 2(10) of the basic Regulation in respect of transport, insurance and handling.

(38) 

In accordance with Articles 2(11) and (12) of the basic Regulation, the comparison of
a  weighted  average  normal  value  as  established  in  the  original  investigation  and  the
weighted  average  of  export  prices  during  this  investigation’s  IP  expressed  as  a
percentage of the CIF price at the Community frontier duty unpaid, showed dumping
for both the imports of the zinc oxides consigned from Vietnam and the imports of the
zinc oxides presented mixed with silica.

9

C.

MEASURES

(39) 

In  view  of  the  above  finding  of  circumvention  within  the  meaning  of  Article  13(1),
second  sentence,  of  the  basic  Regulation  and  in  accordance  with  Article  13(1),  first
sentence, of the basic Regulation, the existing anti-dumping measures on the product
concerned originating in the PRC should be extended to the same product consigned
from Vietnam, whether declared as originating in Vietnam or not.

(40)  Considering that it was found that in some cases zinc oxides are presented mixed with
silica  with  the  only  purpose  of  obtaining  a  different  customs  classification  and
avoiding  payment  of  the  duties,  it  is  necessary  to  ensure  that  the  duties  imposed  on
zinc oxides are collected also in those cases where the product concerned is imported
as  zinc  oxides  presented  mixed  with  silica.  In  these  cases,  the  duties  should  be
collected in proportion to the content of zinc oxides in the presented mixed form.

(41)  The duty extended should be the one applicable to all other companies as established

in Article 1(2) of the original Regulation.

(42) 

In  accordance  with  Article  14(5)  of  the  basic  Regulation,  which  provides  that
measures may be applied against registered imports from the date of registration, the
anti-dumping  duty  should  be  collected  on  imports  of  zinc  oxides  consigned  from
Vietnam and of zinc oxides presented mixed with silica originating in the PRC which
entered the Community under registration imposed by the initiating Regulation.

(43)  The  circumvention  takes  place  outside  the  Community.  Article  13  of  the  basic
Regulation is aiming at countering circumvention practices without affecting operators
which can prove that they are not involved in such practices, but it does not contain a
specific provision providing for the treatment of exporters which could establish that
they  are  not  involved  in  circumvention  practices.  Therefore,  it  appears  necessary  to
introduce  a  possibility  for  exporters  which  have  not  exported  the  product  concerned
during the IP and are not related to any exporters or producers subject to the extended
anti-dumping  duty  to  request  an  exemption  from  the  measures  on  these  imports.
Exporters concerned which would consider to lodge a request for an exemption from
the  extended  anti-dumping  duty  would  be  required  to  complete  a  questionnaire  in
order  to  enable  the  Commission  to  determine  whether  an  exemption  may  be
warranted. An exemption may be granted after the assessment of the market situation
of  the  product  concerned,  production  capacity  and  capacity  utilisation,  procurement
and  sales  and  taking  into  account  the  likelihood  of  practices  for  which  there  is
insufficient  due  cause  or  economic  justification  and  the  evidence  of  dumping.  The
Commission would normally also carry out an on-spot verification  visit.  The request
would  have  to  be  addressed  to  the  Commission  forthwith,  with  all  relevant
information,  in  particular  any  modification  in  the  company's  activities  linked  to
production  and  export  sales.  Importers  could  still  benefit  from  exemption  from  the
measures to the extent that their imports are from exporters which are granted such an
exemption, and in accordance with Article 13(4).

(44)  Where exemption is considered appropriate, the Commission would, after consultation

of the Advisory Committee, propose the amendment of the Regulation accordingly.

10

D.

PROCEDURE

(45) 

Interested parties were informed of the essential facts and considerations on the basis
of which the Council intended to extend the definitive anti-dumping duty in force and
were  given  the  opportunity  to  comment.  No  comments  which  were  of  a  nature  to
change the above conclusions were received,

HAS ADOPTED THIS REGULATION:

1.

2.

3.

1.

2.

Article 1

The definitive anti-dumping duty of 28 % imposed by Regulation (EC) No 408/2002
on imports of zinc oxide (chemical formula: ZnO) with a purity of not less than 93 %
zinc oxide, normally declared under CN code ex 2817 00 00 (TARIC codes 2817 00
00*12 and 2817 00 00*18) originating in the People's Republic of China, is hereby
extended to imports of zinc oxide (chemical formula: ZnO) with a purity of not less
than 93 %  zinc oxide,  consigned from Vietnam (whether  declared  as originating in
Vietnam  or  not)  (TARIC  code  2817  00  00*12)  and  to  imports  of  zinc  oxide
presented mixed with silica, but where the purity of the zinc oxide itself is not less
than 93 % zinc oxide. In the latter case, the duty should be collected in proportion to
the content of zinc oxide with a purity of not less than 93 % zinc oxide in the mixture
originating in the People's Republic of China (Taric code 3824 90 99*87).

The  duty  extended  by  paragraph  1  of  this  Article  shall  be  collected  on  imports
registered  in  accordance  with  Article  2  of  Regulation  (EC)  No  2261/2002  and
Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

The provisions in force concerning customs duties shall apply.

Article 2

Requests for exemption from the duty extended by Article 1 shall be made in writing
in one of the official languages  of  the  Community  and  must be signed by a person
authorised  to  represent  the  applicant.  The  request  must  be  sent  to  the  following
address:

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 05/17
B - 1049 Brussels
Fax (32 2) 295 65 05
Telex COMEU B 21877.

The  Commission,  after  consulting  the  Advisory  Committee,  may  authorise,  by
decision,  the  exemption  of  imports  from  companies  which  do  not  circumvent  the
anti-dumping duty imposed by Regulation (EC) No 408/2002 from the duty extended
by Article 1, and propose the amendment of the Regulation accordingly.

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Customs authorities are hereby directed to discontinue the registration of imports, established
in accordance with Article 2 of Regulation (EC) No 2261/2002.

Article 3

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the
Official Journal of the European Union.

Article 4

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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