2005/704/EC: Commission Decision of 11 October 2005 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain magnesia bricks originating in the People’s Republic of China
Date: 2005-10-11
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, brick, heat-resisting materials, import, originating product

12.10.2005

EN

Official Journal of the European Union

L 267/27

COMMISSION

COMMISSION DECISION

of 11 October 2005

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of certain magnesia bricks originating in the People’s Republic of China

(2005/704/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)
(the
basic Regulation), and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

By Regulation (EC) No 552/2005 (2), the Commission
imposed provisional anti-dumping duties on imports
into the Community of certain magnesia bricks origi-
nating in the People’s Republic of China (PRC).

Following the adoption of the provisional anti-dumping
measures, the Commission continued the investigation of
dumping, injury and Community interest. The definitive
findings and conclusions of the investigation are set out
in Council Regulation (EC) No 1659/2005 (3) imposing a
definitive anti-dumping duty and collecting definitively
the provisional duty imposed on imports of certain
magnesia bricks originating in the PRC.

The investigation confirmed the provisional findings of
injurious dumping
certain
magnesia bricks originating in the PRC.

to imports of

relating

B. UNDERTAKING

Subsequent to the adoption of provisional anti-dumping
measures, Yingkou Qinghua Refractories Co. Ltd, a co-
operating exporting producer in the PRC offered a price
undertaking combined with a quantitative ceiling in
accordance with Article 8(1) of the basic Regulation. In
that undertaking, the company has offered to sell the

(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 93, 12.4.2005, p. 6.
(3) See page 1 of this Official Journal.

product concerned within the quantitative ceiling at or
above price levels which eliminate the injurious effects of
dumping. Imports beyond the quantitative ceiling will be
subject to anti-dumping duties.

The company 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
the sales structure of
Commission considers the risk of circumventing the
agreed undertaking is limited.

the company is such that

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

relevant

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
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-
lation (EC) No 1659/2005. 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.

To further ensure the effective respect of the undertaking,
the importers have been made aware by the abovemen-
the
tioned Council Regulation that any violation of
undertaking may lead to the retrospective application
of the anti-dumping duty for the relevant transactions.

In the event of a breach or withdrawal of the under-
taking, the anti-dumping duty which has been imposed
in accordance with Article 9(4) shall
by the Council
automatically apply by means of Article 8(9) of
the
basic Regulation,

(5)

(6)

(7)

(8)

(9)

L 267/28

EN

Official Journal of the European Union

12.10.2005

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by the exporting producer mentioned below, in connection with the anti-dumping
proceeding concerning imports of certain magnesia bricks originating in the People’s Republic of China is
hereby accepted.

Country

Company

Taric Additional Code

Peoples Republic of China

Yingkou Qinghua Refractories Co.
Ltd, Qinghuayu Village, Qinghua
District, Dashiqiao City,
Liaoning
Province, 115100, PRC

A636

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

Article 2

Done at Brussels, 11 October 2005.

For the Commission

Peter MANDELSON
Member of the Commission