2004/498/EC:Commission Decision of 18 May 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating, inter alia, in Ukraine
Date: 2004-05-18
Institutions: European Commission
Subjects: Ukraine, anti-dumping legislation, import, originating product, semi-metal

L 183/88

EN

Official Journal of the European Union

20.5.2004

COMMISSION DECISION

of 18 May 2004

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports
of silicon carbide originating, inter alia, in Ukraine

(2004/498/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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:

(6)

(7)

(8)

(9)

(1)

(2)

(3)

(4)

A. PROCEDURE

1. Measures in force

to Regulation (EC) No 1100/2000 (3)
the
Pursuant
Council
imposed a definitive anti-dumping duty on
imports into the Community of silicon carbide (the
‘product concerned’) originating in Ukraine. Pursuant to
Regulation (EC) No 991/2004 (4) the Council amended
Regulation (EC) No 1100/2000.

the duty applicable to the net,

The rate of
Community-frontier price, before duty,
for imports of
Ukraine.

free-at-
is set at 24 %
the product concerned originating in

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
negative effect on all
interested parties including users,
distributors and consumers.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 125, 26.5.2000, p. 3.
(4) OJ L 182, 18.5.2004, p. 18.
(5) OJ C 70, 20.3.2004, p. 15.

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 10 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 investigation

As set out in Regulation (EC) No 991/2004, the investi-
gation concluded that it is in the Community interest to
adapt the existing measures, provided that such adap-
tation does not
significantly undermine the desired
level of trade defence.

4. Undertaking

the Commission,

In accordance with the conclusions of Regulation (EC)
in conformity with
No 991/2004,
Article 8(2) of the basic Regulation, suggested under-
takings to the company concerned. As a result, under-
takings were subsequently offered by one exporting
producer of the product concerned in Ukraine (Open
Joint Stock Company Zaporozhsky Abrasivny Combinat).

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) No 991/2004, they are
not directly equivalent to an anti-dumping duty.

accordance with

since,

in

in order that

the import ceilings and,

Nevertheless,
in conformity with Regulation (EC) No
991/2004, the undertakings oblige producing exporter
to respect
the
undertakings can be monitored, the exporting producer
concerned has also agreed broadly to respect their tradi-
tional selling patterns to individual customers in the
EU10. The exporting producer is also aware that if it is
found that these sales patterns change significantly, or
that the undertakings become in any way difficult or
impossible to monitor, the Commission is entitled to
the company’s undertakings
withdraw acceptance of
resulting
being
anti-dumping
definitive
in
imposed in their place, or it may adjust the level of
the ceiling, or it may take other remedial action.

duties

20.5.2004

EN

Official Journal of the European Union

L 183/89

(10)

(11)

(12)

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 company will also provide the Commission with
regular
their
and detailed information concerning
exports to the Community, meaning that
the under-
takings can be monitored effectively by the Commission.

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 Regu-

relevant

to

enable

customs

lation (EC) No 991/2004. This level of information is
authorities
also necessary
to
ascertain with sufficient precision that
the shipment
corresponds to the commercial documents. Where no
is presented, or when it does not
such invoice
correspond to the product presented to customs,
the
instead be payable.
appropriate anti-dumping duty will

(13)

(14)

In view of all the above, the offer of undertakings is
considered acceptable.

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

HAS DECIDED AS FOLLOWS:

Article 1

The undertakings offered by the exporting producer mentioned below, in connection with the anti-dumping
proceeding concerning imports of silicon carbide originating in Ukraine is hereby accepted.

Country

Ukraine

Company

Produced and exported by Open Joint Stock Company Zaporozhsky Abrasivny
Combinat, Zaporozhye, Ukraine to the first independent customer in the Community
acting as an importer

TARIC additional
code

A523

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

Article 2

Done at Brussels, 18 May 2004.

For the Commission

Pascal LAMY
Member of the Commission