Council Regulation (EC) No 998/2004 of 17 May 2004 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: 2004-05-17
Institutions: Council of the European Union
Subjects: China, Russia, aluminium, anti-dumping duty, enlargement of the Union, import, originating product, thin sheet

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Official Journal of the European Union

20.5.2004

COUNCIL REGULATION (EC) No 998/2004

of 17 May 2004

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
(‘the
countries not members of the European Community (1)
basic Regulation’), and in particular Articles 8, 11(3) and 22
(c) thereof,

(4)

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

(5)

Whereas:

A. PROCEDURE

1. Measures in force

By Regulation (EC) No 950/2001 (2),
the Council
imposed a definitive anti-dumping duty on imports
(‘the
into the Community of certain aluminium foil
product concerned’) originating among others in Russia.
By Commission Decision (2001/381/EC) of 16 May
2001 (3), an undertaking was accepted for a Russian
‘United
exporting
Siberian
Aluminium’.

Company

producer

(6)

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

free-at-
at
set
the product concerned from

imports of

2. Investigation

On 20 March 2004 the Commission announced through
the publication of a notice in the Official Journal of the
European Union (4), the initiation of a number of partial
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 Articles 11(3) and 22

(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 134, 17.5.2001, p. 1.
(3) OJ L 134, 17.5.2001, p. 67.
(4) OJ C 70, 20.3.2004, p. 15.

(1)

(2)

(3)

(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’).

review was

launched at

The
the
Commission in order to examine whether, as a conse-
quence of the enlargement of the European Union on 1
May 2004 (‘enlargement’),
it would be appropriate to
adapt the measures.

initiative of

the

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.

3. Parties concerned by the investigation

in the Community,

interested parties known to the Commission,
All
associations of
including the Community industry,
exporters/
producers or users
importers and
producers in the countries concerned,
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 oppor-
tunity to make their views known in writing, to submit
information and to provide supporting evidence within
the time-limit set out
initiation. All
interested parties who so requested and showed that
there were reasons why they should be heard were
granted a hearing.

in the notice of

(7)

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

(a) Community Producers Association:

— Eurometaux, Brussels, Belgium

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(b) Exporting producers:

— JSC ‘United Company

Siberian Aluminium’,

Moscow, Russia.

the volume of

product concerned from Russia into the EU10 were
significant. Considering that
imports
subject to the price undertaking currently in force was
established on the basis of
into the
Community of 15 Member States, it does not take into
account the effect of the increase of the market following
the enlargement.

imports

the

B. PRODUCT CONCERNED

4. Conclusion

(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 clas-
sifiable within CN code ex 7607 11 10. The product
concerned
aluminium
household foil (‘AHF’).

commonly

known

as

is

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).

(13)

(14)

Considering the above,
to take
account of the enlargement it is appropriate to adapt
the measures
the additional
in order
volume of imports into the EU10 market.

is concluded that

to cater

for

it

imports subject

The original volume of
to the price
undertaking for the EU15 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

considered appropriate

the
that
is
Commission may accept a proposal
for a modified
undertaking reflecting the situation after the enlargement
and on the basis of the method described in recital 14,

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 discri-
mination 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.

HAS ADOPTED THIS REGULATION:

Article 1

The Commission may accept a proposal for a modified under-
taking increasing the volume of imports subject to the price
undertaking accepted by Decision 2001/381/EC 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 basis of the exports to the Community of the Russian
producer for whom an undertaking has been accepted.

3. Assessment

Article 2

(12) An analysis was made of the available data and infor-
mation which confirmed that the import volumes of the

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

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 May 2004.

For the Council
The President

B. COWEN