2004/445/EC: Commission Decision of 13 April 2004 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of silicon originating in Russia (notified under document number C(2004) 1312)
Date: 2004-04-13
Institutions: European Commission
Subjects: Russia, anti-dumping legislation, import, originating product, semi-metal

L 127/114

EN

Official Journal of the European Union

29.4.2004

COMMISSION

COMMISSION DECISION

of 13 April 2004

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of silicon originating in Russia

(notified under document number C(2004) 1312)

(2004/445/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

(5)

The Commission, by Regulation (EC) No 1235/2003 (2),
imposed provisional anti-dumping duties on imports
into the Community of silicon (the product concerned)
originating in Russia.

Following the adoption of the provisional anti-dumping
measures, the Commission continued the investigation
of dumping, injury and Community interest. The defini-
tive findings and conclusions of the investigation are set
out in Council Regulation (EC) No 2229/2003 of 22
December 2003 imposing a definitive anti-dumping
duty and collecting definitively the provisional duty
imposed on imports of silicon originating in Russia (3)
(the definitive Regulation).

The investigation confirmed the provisional findings of
injurious dumping relating to imports of silicon origin-
ating in Russia.

B. UNDERTAKING

(6)

Subsequent to the adoption of provisional anti-dumping
measures,
and ZAO
KREMNY, cooperating exporting producers in Russia,
belonging to the SUAL Holding Group, together with

Sual-Kremny-Ural

SKU LLC,

(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 173, 11.7.2003, p. 14.
(3) OJ L 339, 24.12.2003, p. 3. Regulation as amended by Regulation

(EC) No 821/2004 (See page 1 of this Official Journal).

their related trader, ASMP GmbH, in Switzerland (SKU
LLC, Sual-Kremny-Ural; ZAO KREMNY and ASMP
GmbH are hereinafter
the
company), offered an undertaking in accordance with
Article 8(1) of the basic Regulation. The offer was made
within the deadline stipulated in Article 8(2) of the basic
Regulation but could not be accepted for the reasons set
out in detail in recital 94 of the definitive Regulation.

jointly referred to as

Subsequently,
the company submitted a substantially
revised undertaking offer. In that undertaking offer, the
company has offered to sell the product concerned at or
above price levels which eliminate the injurious effects
of dumping. In addition, this undertaking provides that
sales to the Community of the product concerned falling
within the scope of the undertaking will be subject to an
annual quantitative ceiling. When the relevant ceiling in
a given year is reached, the anti-dumping duty in force
would be levied. The non-confidential version of the
revised undertaking offer was disclosed to interested
parties,
in accordance with Article 8(4) of the basic
Regulation. No comments indicating opposition to the
price undertaking were received following this disclo-
sure.

The company will also provide the Commission with
regular and detailed information concerning its exports
to the Community, including information on products
other than silicon, meaning that the undertaking can be
monitored effectively by the Commission. Information
was also provided by the company regarding its
customer listings, together with the volumes and prices
of products the company sold to its customers. This
showed that, unlike what appeared to be a problem in
the first undertaking offer, the vast majority of sales of
the product concerned were made to customers that
were not sourcing any other product produced by the

29.4.2004

EN

Official Journal of the European Union

L 127/115

(7)

(8)

company and thus the risk of any price cross-compensa-
tion between the product concerned and other products
was considered limited. Any change in this pattern of
sales will be closely monitored by the Commission. In
this regard, it is to be noted that the revised undertaking
contains a clause to the effect that any change in the
pattern of trade to the Community for which there is
insufficient due cause or economic justification, other
than the imposition of anti-dumping measures, would
constitute a breach of
the undertaking. Under these
circumstances, it is considered that the risk of circum-
vention of the agreed undertaking is limited.

This final acceptable offer of a price undertaking was
made by the company prior to the publication of the
definitive findings, but at such a late stage in the
proceeding that it was administratively impossible to
include its acceptance in the definitive Regulation.
Exceptionally, and particularly taking account of
the
efforts of the company to overcome the Commission's
concerns regarding the risk of circumvention and the
elimination of
is considered appropriate to
accept the undertaking notwithstanding the fact that it
was made after the period during which representations
must be made pursuant to Article 20(5) of the basic
Regulation.

injury,

it

In order to enable the Commission to monitor effectively
the company's compliance with the undertaking, when
the request for release for free circulation pursuant to
the undertaking is presented to the relevant customs
authority, exemption from the duty will be conditional
upon the presentation of an invoice containing at least
the items of information listed in the Annex to Council
Regulation (EC) 2229/2003, as amended by Council
Regulation (EC) No 821/2004 and a certificate issued by
the company which declares the chemical analysis of
each grade of the product concerned specified on the
commercial invoice in question. This information is also
necessary to enable customs authorities to ascertain with
sufficient precision that the shipment corresponds to the

commercial documents. Where no such invoice and
certificate are presented, or when they do not corre-
spond to the product presented to customs, the appro-
priate rate of anti-dumping duty will instead be payable.

(9)

In the event of a breach, suspected breach or withdrawal
of
the undertaking, an anti-dumping duty may be
imposed pursuant to Article 8(9) and (10) of the basic
Regulation,

HAS ADOPTED THIS DECISION:

Article 1

The undertaking offered by the producers mentioned below, in
connection with the anti-dumping proceeding concerning
imports of silicon originating in Russia is hereby accepted.

Country

Russia

Company

SKU LLC, Sual-Kremny-Ural, Kamensk,
Ural Region, Russia, ZAO KREMNY,
Irkutsk Region, Russia and
Irkutsk,
related trader ASMP GmbH,
their
Baarerstrasse 16, CH 6300 Zug, Swit-
zerland, all belonging to the SUAL
Holding Group.

Taric Addi-
tional Code

A517

This Decision shall enter into force on 30 April 2004.

Article 2

Done at Brussels, 13 April 2004.

For the Commission

Pascal LAMY

Member of the Commission