2005/622/EC: Commission Decision of 5 August 2005 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia
Date: 2005-08-05
Institutions: European Commission
Subjects: Russia, United States, anti-dumping legislation, anti-dumping measure, import, originating product, plate, steel

L 223/42

EN

Official Journal of the European Union

27.8.2005

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 5 August 2005

accepting undertakings offered in connection with the anti-dumping proceeding concerning
imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United
States of America and Russia

(2005/622/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

interim review of the anti-dumping duty on imports of
certain grain oriented electrical sheets with a width of
more than 500 mm originating in Russia.

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,

(2) Given the need to further examine certain aspects of the
investigation and also because of the interrelation with
the abovementioned interim review, it was decided to
continue the investigation without the imposition of
provisional measures.

After consulting the Advisory Committee,

Whereas:

A.

PROCEDURE

(1) On 28 May 2004, the Commission announced by a
notice (notice of
initiation), published in the Official
Journal of the European Union (2), the initiation of an anti-
into the
dumping proceeding concerning imports
Community of grain oriented flat-rolled products of
silicon-electrical steel originating in the United States of
America (USA) and Russia, and the initiation of an

(3) The Commission therefore subsequently continued the
injury and Community
investigation of dumping,
interest, and the definitive findings and conclusions of
this investigation are set out in Council Regulation (EC)
No 1371/2005 (3)
imposing definitive anti-dumping
duties on imports of grain oriented flat-rolled products
of silicon-electrical steel originating in the United States
of America and Russia (the definitive Regulation).

(4) The investigation confirmed the provisional findings of
injurious dumping relating to imports of the product
concerned originating in Russia and the USA.

(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 C 144, 28.5.2004, p. 2.

(3)

See page 1 of this Official Journal.

27.8.2005

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Official Journal of the European Union

L 223/43

B.

UNDERTAKING

HAS DECIDED AS FOLLOWS:

(5)

Subsequent to the disclosure of the definitive findings,
one cooperating exporting producer in Russia (Novoli-
petsk Iron & Steel Corporation) and one in the USA (AK
Steel Corporation) offered a price undertaking in
accordance with Article 8(1) of the basic Regulation. In
this undertaking, the exporting producers in question has
offered to sell the product concerned at or above price
levels that eliminate the injurious effect of dumping.

(6) The companies will also provide the Commission with
regular and detailed information concerning its exports
to the Community, meaning that the undertaking can be
monitored effectively by the Commission. Furthermore,
the sales structure of the companies is such that the
Commission considers that the risk of circumvention of
the undertaking is limited.

(7)

(8)

In view of this, it is considered that the undertaking is
acceptable.

In order to enable the Commission to monitor effectively
the company's compliance with the undertaking, when
the request for release for free circulation pursuant to the
customs
undertaking is presented to the relevant
authority, exemption from the duty will be conditional
on presentation of a commercial invoice containing at
least the items of information listed in the Annex to
Regulation (EC) No 1371/2005. 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 amount of anti-dumping duty will instead be
payable.

(9)

In the event of a breach or withdrawal of
the
undertaking, or a suspected breach, an anti-dumping
duty may be imposed pursuant to Article 8(9) and (10) of
the basic Regulation,

Done at Brussels, 5 August 2005.

Article 1

The undertaking offered by the producers mentioned in the
accompanying table,
in connection with the present anti-
dumping proceeding concerning imports of grain oriented
flat-rolled products of silicon-electrical steel originating in the
United States of America and Russia is hereby accepted.

TARIC
additional
code

A674

A673

Country

Company

Russia

USA

Produced and sold by Novolipetsk Iron
& Steel Corporation (NLMK), 2, Metal-
lurgov Square, Lipetsk,
or,
Produced by Novolipetsk Iron & Steel
Corporation (NLMK), 2, Metallurgov
Square, Lipetsk, and sold by Stinol AG,
Lugano, Switzerland, to the first inde-
pendent customer in the Community
acting as an importer

Produced by AK Steel Corporation, 703,
Curtis Street, Middletown, Ohio,
or,
Produced by AK Steel Corporation, 703,
Curtis Street, Middletown, Ohio, and
sold by AK Steel BV, Oosterhout, The
Netherlands, to the first independent
customer in the Community acting as an
importer.

Article 2

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

For the Commission

Peter MANDELSON

Member of the Commission