Proposal for a Council Regulation amending Regulation (EC) No 950/2001 imposing a definitive anti-dumping duty on imports of certain aluminium foil originating in the People's Republic of China and Russia
Date: 2004-04-19
Institutions: European Commission
Subjects: China, Russia, aluminium, anti-dumping duty, import, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.04.2004 
COM(2004) 277 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 950/2001 imposing a definitive anti-dumping duty on 
imports of certain aluminium foil originating in the People’s Republic of China and 
Russia  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

On 20 March 2004, the Commission initiated a review investigation with regard to, inter alia, 
imports of certain aluminium foil originating in the People’s Republic of China and Russia. 
The  purpose  of  this  review  was  to  examine  whether  the  undertaking  accepted  from  one 
Russian exporter should be amended to take account of the enlargement of the Community. 

The  examination  showed  that  it  is  necessary  to  adapt  the  quantitative  element  of  the 
undertaking  to  take  account  of  the  fact  that  this  quantity  which  had  been  calculated  on  the 
basis  of  a  Community  of  15  Member  States  should  be  recalculated  on  the  basis  of  a 
Community of 25 Member States. 

It is therefore proposed to revise the existing undertaking for this one exporter.  

Member States were consulted and did not oppose the proposal. 

It is proposed that the Council adopt the attached proposal for a Regulation which should be 
published in the Official Journal no later than 20 May 2004. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 950/2001 imposing a definitive anti-dumping duty on 
imports of certain aluminium foil originating in the People’s Republic of China and 
Russia  

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,  as  last 
amended  by  Regulation  (EC)  No  461/20042  (“the  basic  Regulation”),  and  in  particular 
Articles 8, 11(3) and 22 (c) thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory 
Committee,3 

Whereas: 

A. PROCEDURE 

1. Measures in force 

(1) 

(2) 

By Regulation (EC) No 950/20014 the Council imposed a definitive anti-dumping duty 
on  imports  into  the  Community  of  certain  aluminium  foil  (“the  product  concerned”) 
originating i.a. in Russia. By Commission Decision (2001/381/EC) of 16 May 20015 
an  undertaking  was  accepted  for  a  Russian  exporting  producer  ‘United  Company 
Siberian Aluminium’. 

The  rate  of  the  duty  applicable  to  the  net,  free-at-Community-frontier  price,  before 
duty,  was  set  at  14,9%  for  imports  of  the  product  concerned  from  Russia  by 
Regulation (EC) No 950/2001. 

2. Investigation 

(3) 

On 20 March 2004 the Commission announced through the publication of a notice in 
the  Official  Journal  of  the  European  Union6  the  initiation  of  a  number  of  partial 

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OJ L 56, 6.3.1996, p.1. 
OJ L 77, 13.3.2004, p.12. 
OJ C […] […], p. […] 
OJ L 134, 17.5.2001, p.1. 
OJ L 134, 17.5.2001, p. 67. 
OJ C 70, 20.3.2004, p.15.  

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(4) 

(5) 

(6) 

interim  reviews  of  anti-dumping  measures  applicable  to  imports  of  certain  products 
originating in the People’s Republic of China, the Russian Federation, Ukraine and the 
Republic of Belarus pursuant to Article s 11(3) and 22 (c) of the basic Regulation. The 
Anti-dumping  measure  imposed  on  imports  of  certain  aluminium  foil  originating  in 
Russia is one of the measures on which the review was initiated (“the measures”).  

The  review  was  launched  at  the  initiative  of  the  Commission  in  order  to  examine 
whether, as a consequence of the enlargement of the European Union on 1 May 2004 
(“Enlargement”), it would be appropriate to adapt the measures.  

Since a certain quantity of the imports of the product concerned originating in Russia 
is  currently  subject  to  a  price  undertaking  for  a  specific  volume,  the  review  of  the 
measures was initiated in order to examine whether this undertaking, which was drawn 
up on the basis of data for a Community of 15 Member States, should be adapted to 
take account of the enlargement of the European Union to 25 Member States. 

3. Parties concerned by the investigation 

All  interested  parties  known  to  the  Commission,  including  the  Community  industry, 
associations  of  producers  or  users  in  the  Community,  exporters/producers  in  the 
countries  concerned,  importers  and  their  associations  and  the  relevant  authorities  of 
the  countries  concerned  as  well  as  interested  parties  in  the  ten  new  Member  States 
which acceded to the European Union on 1 May 2004 (“the EU10”) were informed of 
the initiation of the investigation and were given the opportunity to make their views 
known in writing, to submit information and to provide supporting evidence within the 
time limit set out in the notice of initiation. All interested parties who so requested and 
showed that there were reasons why they should be heard were granted a hearing. 

(7) 

In this regard, the following interested parties made their views known: 

(a) Community producers Association: 

- Eurometaux, Brussels, Belgium 

(b) Exporting producers: 

- JSC “United Company Siberian Aluminim”, Moscow, Russia 

B. PRODUCT CONCERNED 

(8) 

(9) 

The product concerned is aluminium foil of a thickness of 0,009 mm or more up to not 
more than 0,018 mm, not backed, not further worked than rolled, presented in reels of 
a width not exceeding 650 mm, currently classifiable within CN code ex 7607 11 10. 
The product concerned is commonly known as aluminium household foil (“AHF”). 

AHF  is  manufactured  by  rolling  aluminium  ingots  or  foil-stock  up  to  the  desired 
thickness.  Once  rolled,  the  foil  is  annealed  by  a  thermal  process  to  make  it  pliable. 
Once rolled and annealed the AHF is presented on reels of a width not exceeding 650 
mm.  The  dimension  of  the  reel  is  determinant  for  its  use,  since  the  users  of  this 
product (“spoolers” or “rewinders”) will mount the AHF onto small end-rolls destined 
for  retail  sale.  The  AHF  rewound  onto  smaller  rolls  is  then  used  for  multi-purpose 
short-life  wrapping  (mostly  in  households,  catering  and  food  and  floristry  retail 
business). 

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C. RESULTS OF THE INVESTIGATION 

1. Claims made by interested parties 

(10)  The  Russian  exporting  producer  subject  to  the  price  undertaking  submitted  that  the 
volume of imports to which the price undertaking applies was established on the basis 
of  its  sales  to  the  market  of  the  EU15  and  that,  therefore,  the  undertaking  should  be 
revised in order to take due account of the market of the EU25. It claimed that such 
revision was essential in order to avoid discrimination in favour of the other exporters 
of the product concerned to the EU. 

2. Comments received from Member States 

(11)  The  Member  States  have  made  their views  known  and  the  majority  of  them  support 
adapting  the  measures  in  order  to  take  account  of  the  enlargement  of  the  European 
Union.  

3. Assessment 

(12)  An analysis was made of the available data and information which confirmed that the 
import volumes of the product concerned from Russia into the EU10 were significant. 
Considering  that  the  volume  of  imports  subject  to  the  price  undertaking  currently  in 
force was established on the basis of the imports into the Community of 15 Member 
States, it does not take into account the effect of the increase of the market following 
the enlargement of the Community to 25 Member States.  

4. Conclusion 

(13)  Considering  the  above,  it  is  concluded  that  to  take  account  of  Enlargement  it  is 
appropriate to adapt the measures in order to cater for the additional imports volume 
into the EU 10 market. 

(14)  The original volume of imports subject to the price undertaking for the Community of 
15 Member States was calculated on the basis of the exports to the Community during 
the original investigation period of the Russian producer for whom an undertaking has 
been  accepted.  The  amount  of  the  increase  of  the  volume  of  imports  subject  to  the 
price undertaking has been calculated following the same calculation method.  

(15)  Accordingly, it is considered appropriate that the Commission may accept a proposal 
for a modified undertaking reflecting the situation after Enlargement and on the basis 
of the method described in recital 14. 

HAS ADOPTED THIS REGULATION: 

Article 1 

The Commission may accept a proposal for a modified undertaking increasing the volume of 
imports subject to the price undertaking accepted by Commission Decision (2001/381/EC) of 
16 May 2001 as regards imports of certain aluminium foil originating in Russia. The increase 
shall  be  calculated  by  using  the  same  calculation  method  that  was  used  when  the  original 
price  undertaking  was  established  for  the  Community  of  15  Member  States,  that  is  on  the 

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basis of the exports to the Community of the Russian producer for whom an undertaking has 
been accepted. 

Article 2 

This Regulation shall enter into force the day after 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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