Commission Regulation (EC) No 1000/2004 of 18 May 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain grain oriented electrical sheets and strips of silicon-electrical steel with a width of more than 500 mm originating in the Russian Federation and making imports of certain grain oriented electrical sheets originating in the Russian Federation subject to registration
Date: 2004-05-18
Institutions: European Commission
Subjects: Russia, anti-dumping legislation, customs regulations, enlargement of the Union, import, originating product, plate, sheet

L 183/10

EN

Official Journal of the European Union

20.5.2004

COMMISSION REGULATION (EC) No 1000/2004

of 18 May 2004

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports
of certain grain oriented electrical sheets and strips of silicon-electrical steel with a width of more
than 500 mm originating in the Russian Federation and making imports of certain grain oriented
electrical sheets originating in the Russian Federation subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

negative effect on all
distributors and consumers.

interested parties including users,

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
countries not members of the European Community (1), as last
amended by Regulation (EC) No 461/2004 (2) (the ‘basic Regu-
lation’), and in particular Articles 8, 11(3), 21 and 22(c) thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

1. Measures in force

(1)

(2)

(3)

By Regulation (EC) No 990/2004 (3)
the Council
amended Regulation (EC) No 151/2003 (4)
imposing
anti-dumping measures on imports of certain grain
oriented electrical sheets (‘the product concerned’) origi-
nating in the Russian Federation (‘Russia’). The rate of the
free-at-Community-frontier
duty applicable to the net,
price, before duty,
the product
concerned at 40,1 % manufactured by the Novolipetsk
Iron & Steel Corporation and at 14,7 % manufactured
by the OOO Viz Stal.

for imports of

is set

2. Investigation

On 20 March 2004 the Commission announced through
the publication of a notice in the Official Journal of the
European Union (5)
interim
(‘the measures’)
review of
pursuant to Articles 11(3) and 22(c) of the basic Regu-
lation.

the initiation of a partial
in force

the measures

the

review was

initiative of

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’) and, bearing in mind the
aspect of Community interest, there is a need to adapt
the measures in order to avoid a sudden and excessively

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 122, 19.5.2004, p. 5.
(4) OJ L 25, 30.1.2003, p. 7.
(5) OJ C 70, 20.3.2004, p. 15.

(4)

(5)

(6)

(7)

in

countries

All interested parties, including the Community industry,
associations of producers or users in the Community,
exporters/producers
concerned,
the
importers and their associations and the relevant autho-
rities 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
advised 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
interested parties who so requested and
initiation. All
showed that
there were reasons why they should be
heard were granted a hearing.

3. Result of the investigation

As set out in Council Regulation (EC) No 990/2004, the
investigation concluded that
is in the Community
interest to adapt the existing measures, provided that
such adaptation does not significantly undermine the
desired level of trade defence.

it

4. Undertakings

In accordance with the conclusions of Regulation (EC)
990/2004 the Commission,
in conformity with Article
8(2) of the basic Regulation, suggested undertakings to
the companies concerned. As a result, undertakings were
subsequently offered by (i) one exporting producer of the
product concerned in Russia (Novolipetsk Iron & Steel
Corporation)
jointly with a company in Switzerland
(Stinol AG) and (ii) a second exporting producer of the
product concerned in Russia (OOO Viz Stal) jointly with
its related company Duferco S.A. in Switzerland.

It should be noted that, in application of Article 22(c) of
the basic Regulation, these undertakings are considered as
special measures
the
conclusions of Regulation (EC) 990/2004, they are not
directly equivalent to an anti-dumping duty.

accordance with

since,

in

20.5.2004

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Official Journal of the European Union

L 183/11

(8)

(9)

(10)

(11)

each

oblige

in conformity with Regulation (EC) 990/
Nevertheless,
2004,
individual
undertakings
the
producing exporter to respect the import ceilings and,
in order that the undertakings can be monitored, the
exporting producers concerned have also agreed to
broadly respect their traditional selling patterns to indi-
vidual customers in the EU10. The exporting producers
are also aware that if it is found that these sales patterns
change significantly, or that the undertakings become in
the
any way difficult or
Commission is entitled to withdraw acceptance of the
company’s undertaking resulting in definitive
anti-
dumping duties being imposed in its place, or it may
adjust
the ceiling, or it may take other
remedial action.

to monitor,

the level of

impossible

It is also a condition of the undertakings that if they are
breached in any way, the Commission will be entitled to
withdraw acceptance thereof resulting in definitive anti-
dumping duties being imposed in their place.

The companies will also provide the Commission with
regular and detailed information concerning their exports
to the Community, meaning that the undertakings can be
monitored effectively by the Commission.

relevant

In order that the Commission can monitor effectively the
companies’ compliance with the undertakings, when the
request for release for free circulation pursuant to an
undertaking is presented to the
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) 990/2004. This level of 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 is
presented, or when it does not correspond to the product
presented to customs, the appropriate anti-dumping duty
will instead be payable.

(12)

In view of all the above, the offers of undertakings are
considered acceptable.

(13)

(14)

(15)

The acceptance of the undertakings is limited to an initial
period of six months without prejudice to the normal
duration of the measures and they shall lapse after this
period, unless the Commission considers it is appropriate
to extend period of application of special measures for
next six months.

B. REGISTRATION OF IMPORTS

In view of the unusual circumstances of this case and the
inherent risk of breaches of undertakings caused by the
price differences between the EU10 and the EU15 and
their short term character, it is considered that sufficient
grounds exist to make certain imports of the product
concerned subject
a maximum
period of nine months in accordance with Article 14
(5) of the basic Regulation.

to registration for

to

steps

Customs authorities are therefore directed to take the
the
appropriate
Community of
the product concerned originating in
Russia exported by the companies which have offered
acceptable undertakings and for which benefit from the
exemption to the anti-dumping duties is sought.

imports

register

into

(16)

In the event of a finding of a breach of the undertakings,
duties may be levied retroactively on goods entered into
free circulation in the Community from the date of the
breach of the undertaking,

HAS ADOPTED THIS REGULATION:

Article 1

The undertakings offered by the exporting producers mentioned below,
in connection with the anti-
dumping proceeding concerning imports of grain oriented cold-rolled sheets and strips of silicon-electrical
steel with a width of more than 500 mm originating in Russia are hereby accepted:

Country

Company

Taric Additional Code

Russian Federation

Russian Federation

Produced by Novolipetsk Iron & Steel Corporation, Lipetsk, Russia,
and sold by Stinol AG, Lugano, Switzerland, to its first customer in
the Community acting as an importer

Produced by OOO Viz Stal, Ekaterinburg, Russia, and sold by
Duferco SA, Lugano, Switzerland,
independent
first
customer in the Community acting as an importer

to the

A524

A525

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Official Journal of the European Union

20.5.2004

Article 2

The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 384/96 to take
the appropriate steps to register the imports into the Community of grain oriented cold-rolled sheets and
strips of silicon-electrical steel with a width of more than 500 mm originating in Russia and falling within
CN code 7225 11 00 (sheets of a width of 600 mm or more) and ex 7226 11 00 (sheets of a width of
more than 500 mm but less than 600 mm) produced and sold by the companies listed in Article 1 for
which an exemption to the anti-dumping duties imposed by Council Regulation (EC) No 990/2004 is
sought.

Article 3

This Regulation shall enter into force on the day after its publication in the Official Journal of the European
Union and shall remain in force for a period of six months.

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

Done at Brussels, 18 May 2004.

For the Commission

Pascal LAMY
Member of the Commission