Council Regulation (EC) No 821/2004 of 26 April 2004 amending 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: 2004-04-26
Institutions: Council of the European Union
Subjects: Russia, anti-dumping duty, import, originating product, semi-metal

29.4.2004

EN

Official Journal of the European Union

L 127/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 821/2004

of 26 April 2004

amending 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

HAS ADOPTED THIS REGULATION:

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,

Article 1

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

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

shall be re-numbered as Article 4;

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

2. the following Article shall be inserted:

Whereas:

‘Article 2

(1)

(2)

(3)

The Council, by Regulation (EC) No 2229/2003 (2),
imposed definitive anti-dumping duties on imports of
silicon originating in Russia (the definitive Regulation).

SKU LLC, Sual-Kremny-Ural and ZAO KREMNY, coop-
erating exporting producers in Russia, belonging to the
SUAL Holding Group, together with their related trader,
in Switzerland (SKU LLC, Sual-Kremny-
ASMP GmbH,
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 2004/445/EC (3), accepted
the undertaking offered by the company. The reasons
for accepting this undertaking are set out in that Deci-
sion. 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 neces-
sary to amend Regulation (EC) No 2229/2003 accord-
ingly,

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

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 339, 24.12.2003, p. 3.
(3) See page 114 of this Official Journal.

1.
Imports declared for release into free circulation by
companies which offered undertakings accepted by and
named in Commission Decision 2004/445/EC (*) shall be
exempt from the anti-dumping duties imposed by Article 1;
they are produced, shipped and invoiced
provided that
independent
directly by the said companies to the first
such
customer
imports
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.

in the Community; and provided that
are

accompanied by

commercial

a

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

(*) OJ L 127, 29.4.2004, p. 114.’

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. the heading “COMMERCIAL INVOICE ACCOMPANYING

GOODS SUBJECT TO AN UNDERTAKING”;

2. the name of the company mentioned in Article 2(1)

issuing the commercial invoice;

L 127/2

EN

Official Journal of the European Union

29.4.2004

3. the commercial invoice number;

4. the date of issue of the commercial invoice;

5. 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,
— the quantity (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. the name of

the company acting as an importer to

which the invoice is issued directly by the company;

9. the name of the official of the company that has issued
the commercial invoice and the following signed declara-
tion:

“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
the Undertaking offered by
and under the terms of
and accepted by the European
[company name],
Commission through [Decision...].
the
information provided in this invoice is complete and
correct.”’

I declare that

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 Luxembourg, 26 April 2004.

For the Council

The President

B. COWEN