Proposal for a Council Regulation amending Council Regulation (EC) No 2229/2003 imposing a definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of silicon originating in Russia
Date: 2004-04-06
Institutions: European Commission
Subjects: Russia, anti-dumping duty, import, originating product, semi-metal

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.04.2004 
COM(2004)236 final 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 2229/2003 imposing a definitive anti-dumping 
duty and collecting definitively the provisional anti-dumping duty imposed on imports 
of silicon originating in Russia 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Council, by Regulation (EC) No 2229/2003, imposed a definitive anti-dumping duty on 
imports of silicon originating in Russia. 

Prior to the publication of the definitive findings, one Russian exporting producer offered an 
acceptable undertaking; but at a stage when it was administratively impossible to include its 
acceptance in the definitive Regulation. 

Formal acceptance of this undertaking offer will be made by way of a Commission Decision. 
Accordingly,  it  is  necessary  to  amend  Council  Regulation  (EC)  No  2229/2003,  to  take 
account of that Decision. 

It  is  therefore  proposed  that  the  Council  adopts  the  attached  proposal  with  a  view  to  its 
publication  in  the  Official  Journal  at  the  same  time  with  the  publication  of  the  parallel 
Commission Decision. 

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Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 2229/2003 imposing a definitive anti-dumping 
duty and collecting definitively the provisional anti-dumping duty imposed on imports 
of silicon originating in Russia 

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 (the ‘basic 
Regulation’), and in particular Articles 8 and 9 thereof, 

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

Whereas: 

(1) 

(2) 

(3) 

The  Council,  by  Regulation  (EC)  No  2229/20032,  imposed  definitive  anti-dumping 
duties on imports of silicon originating in Russia (the ‘definitive Regulation’). 

SKU LLC, Sual-Kremny-Ural and ZAO KREMNY, co-operating exporting producers 
in  Russia,  belonging  to  the  SUAL  Holding  Group,  together  with  their  related  trader, 
ASMP  GmbH,  in  Switzerland  (SKU  LLC,  Sual-Kremny-Ural;  ZAO  KREMNY  and 
ASMP  GmbH  are  hereinafter  jointly  referred  to  as  the  ‘company’),  offered  an 
acceptable undertaking prior to the publication of the definitive findings but at a stage 
when  it  was  administratively  impossible  to  include  its  acceptance  in  the  definitive 
Regulation. 

The  Commission,  by  Decision  No  […]3,  accepted  the  undertaking  offered  by  the 
company. The reasons for accepting this undertaking are set out in that Decision. The 
Council recognises that the revised undertaking offer eliminates the injurious effect of 
dumping and minimises the risk of circumvention in the form of cross-compensation 
with other products.  

(4) 

In view of the acceptance of the undertaking, it is necessary to amend Regulation (EC) 
No 2229/2003 accordingly, 

1 

2 
3 

OJ L 56, 6.3.1996, p.1., as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, 
p. 12.) 
OJ L 339, 24.12.2003, p.3. 
See page […] of this Official Journal 

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HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 2229/2003 is hereby amended as follows: 

Article 1 

1. 

2. 

Article  2  shall  be  re-numbered  as  Article  3,  and  Article  3  shall  be  re-numbered  as 
Article 4. 

A new Article 2 shall be inserted as follows: 

Imports declared for release into free circulation by companies which offered 
“1. 
undertakings accepted by and named in Commission Decision […] shall be exempt 
from the anti-dumping duties imposed by Article 1; provided that they are produced, 
shipped  and  invoiced  directly  by  the  said  companies  to  the  first  independent 
customer in the Community; and provided that such imports are accompanied by a 
commercial  invoice  containing  at  least  the  elements  listed  in  the  Annex  and  by  a 
certificate  declaring  the  chemical  analysis  of  each  grade  of  the  product  concerned 
specified on the commercial invoice. 

2. 
Exemption  from  the  duty  shall  further  be  conditional  on  the  goods  declared 
and  presented  to  customs  corresponding  precisely  to  the  description  on  the 
commercial invoice and to the chemical analysis certificate.” 

3. 

The following annex shall be added: 

“ANNEX 

The following elements shall be indicated in the commercial invoice accompanying sales of 
silicon to the Community, which are subject to the Undertaking: 

1. 

2. 

3. 

4. 

5. 

The  heading  “COMMERCIAL  INVOICE  ACCOMPANYING  GOODS  SUBJECT 
TO AN UNDERTAKING”. 

The name of the company mentioned in Article 2(1) issuing the commercial invoice. 

The commercial invoice number. 

The date of issue of the commercial invoice. 

The TARIC additional code under which the goods on the invoice are to be customs 
cleared at the Community frontier. 

6. 

The exact description of the goods, including: 

– 

– 

– 

– 

the Product Code Number (PCN). 

the description of the goods corresponding to the PCN. 

the company product code number (CPC). 

the CN-code. 

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– 

the quantity (to be given in tonnes). 

7. 

The description of the terms of sale, including: 

– 

– 

– 

– 

the price per tonne. 

the applicable payment terms. 

the applicable delivery terms. 

total discounts and rebates. 

8. 

9. 

The name of the company acting as an importer to which the invoice is issued directly 
by the company. 

The name of the official of the company that has issued the commercial invoice and 
the following signed declaration: 

I, the undersigned,  certify that the sale for direct export by [company name] to  the 
European Union of the goods covered by this invoice is being made within the scope 
and under the terms of the Undertaking offered by [company name], and accepted by 
the European Commission through [Decision No […]]. I declare that the information 
provided in this invoice is complete and correct.”  

Article 2 

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

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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