Commission Regulation (EC) No 607/2006 of  19 April 2006  initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 398/2004 on imports of silicon originating in the People's Republic of China by imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, and making such imports subject to registration
Date: 2006-04-19
Institutions: European Commission
Subjects: China, South Korea, anti-dumping duty, anti-dumping legislation, complaint to the Commission, infringement of EU law, originating product, semi-metal

L 107/24

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Official Journal of the European Union

20.4.2006

COMMISSION REGULATION (EC) No 607/2006

of 19 April 2006

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 398/2004 on imports of silicon originating in the
People's Republic of China by imports of silicon consigned from the Republic of Korea, whether
declared as originating in the Republic of Korea or not, and making such imports subject

to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. GROUNDS

Having regard to the Treaty
Community,

establishing the European

(6)

The request contains sufficient prima facie evidence that
the anti-dumping measures on imports of silicon origi-
nating in the People’s Republic of China are being
circumvented by means of
via
Republic of Korea of silicon.

transhipment

the

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 (the basic
Regulation) (1), and in particular Article 13(3) and Article 14(5)
thereof,

After having consulted the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

A. REQUEST

The Commission has received a request pursuant
to
Article 13(3) of the basic Regulation to investigate the
the anti-dumping measures
possible circumvention of
imposed on imports of
silicon originating in the
People’s Republic of China.

The request was lodged on 6 March 2006 by Euro
Alliages on behalf of producers representing a major
proportion, i.e. 100 % of the Community production of
silicon.

B. PRODUCT

The product concerned by the possible circumvention is
silicon originating in the People’s Republic of China,
normally declared under CN code ex 2804 69 00 (the
product concerned). This code is given for information
only.

The product under investigation is silicon consigned
from the Republic of Korea (the product under investi-
gation) normally declared under the same code as the
product concerned.

C. EXISTING MEASURES

The measures currently in force and possibly being
circumvented are antidumping measures imposed by
Council Regulation (EC) No 398/2004 (2).

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 66, 4.3.2004, p. 15.

(7)

The evidence submitted is as follows:

The request shows that a significant change in the
trade involving exports from the People’s
pattern of
Republic of China and the Republic of Korea to the
Community has taken place, and that there is insufficient
due cause or economic justification other than the impo-
sition of the duty for such a change.

This change in the pattern of trade appears to stem from
the transhipment of silicon originating in the People’s
Republic of China via the Republic of Korea.

Furthermore, the request contains sufficient prima facie
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
undermined both in terms of quantity and price.
Significant volumes of
silicon from the
Republic of Korea appear to have replaced imports of
the product concerned.
In addition, there is sufficient
evidence that this increase in imports is made at prices
well below the non-injurious price established in the
investigation that led to the existing measures.

imports of

Finally, the request contains sufficient prima facie evidence
that the prices of silicon are dumped in relation to the
normal value previously established for
the product
concerned.

Should circumvention practices via the Republic of Korea
covered by Article 13 of the basic Regulation, other than
transhipment, be identified in the course of the investi-
gation, the investigation may cover these practices also.

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Official Journal of the European Union

L 107/25

(8)

(9)

(10)

E. PROCEDURE

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
an investigation pursuant to Article 13 of the basic Regu-
lation and to make imports of silicon consigned from the
Republic of Korea, whether declared as originating in the
Republic of Korea or not, subject
in
accordance with Article 14(5) of the basic Regulation.

to registration,

(a) Questionnaires

In order to obtain the information it deems necessary for
the Commission will send question-
its investigation,
naires to the exporters/producers and to the associations
of exporters/producers in the Republic of Korea, to the
exporters/producers and to the associations of exporter-
s/producers in the People’s Republic of China, to the
importers and to the associations of importers in the
Community which cooperated in the investigation that
led to the existing measures and to the authorities of the
People’s Republic of China and Republic of Korea. Infor-
mation, as appropriate, may also be sought from the
Community industry.

of the product concerned that can show that they are not
related to any producer subject to the measures and that
are found not to be engaged in circumvention practices
as defined in Article 13(1) and 13(2) of the basic Regu-
lation. Producers wishing to obtain an exemption should
submit a request duly supported by evidence within the
time-limit indicated in Article 3(3) of this Regulation.

F. REGISTRATION

(15)

the product under

Pursuant to Article 14(5) of the basic Regulation, imports
of
investigation should be made
subject to registration in order to ensure that, should
in findings of circumvention,
the investigation result
anti-dumping duties of an appropriate amount can be
levied retroactively from the date of
registration of
such imports consigned from the Republic of Korea.

G. TIME-LIMITS

(16)

In the interest of
should be stated within which:

sound administration,

time-limits

interested parties should contact the
In any event, all
Commission forthwith, but not later than the time-limit
set in Article 3 of this Regulation in order to find out
whether they are listed in the request and, if necessary,
request a questionnaire within the time-limit
in
Article 3(1) of this Regulation, given that the time limit
set
this Regulation applies to all
interested parties.

in Article 3(2) of

set

(11)

The authorities of the People's Republic of China and
Republic of Korea will be notified of the initiation of
the investigation.

(b) Collection of information and holding of hearings

(12) All

interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.
the Commission may hear
interested parties, provided that they make a request in
writing and show that there are particular reasons why
they should be heard.

Furthermore,

(c) Exemption of

imports

from registration or

measures

(13)

In accordance with Article 13(4) of the basic Regulation,
imports of
investigation may be
exempted from registration or measures if such impor-
tation does not constitute circumvention.

the product under

(14)

Since the possible circumvention takes place outside the
Community, exemptions may be granted, in accordance
with Article 13(4) of the basic Regulation, to producers

— interested parties may make themselves known to the
in writing and
Commission, present
submit questionnaire replies or any other information
to be taken into account during the investigation,

their views

— producers in the Republic of Korea may request
exemption of imports from registration or measures,

— interested parties may make a written request to be

heard by the Commission.

(17) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
on the party’s making itself known within the time-limits
mentioned in Article 3 of this Regulation.

H. NON-COOPERATION

(18)

In cases in which any interested party refuses access to or
does not provide the necessary information within the
time-limits, or significantly impedes the investigation,
findings, affirmative or negative,
provisional or
may be made in accordance with Article 18 of
the
basic Regulation, on the basis of the facts available.

final

(19) Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made of facts available. If an
interested party does not cooperate or cooperates only
partially and findings are therefore based on facts
available in accordance with Article 18 of the basic Regu-
lation, the result may be less favourable to that party
than if it had cooperated,

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Council Regulation (EC) No 384/96, in order to determine if
imports into the Community of silicon consigned from the
Republic of Korea whether declared as originating in the
Republic
falling within CN code
not,
ex 2804 69 00 (TARIC code 2804 69 00 10), are circumventing
the measures
(EC)
by
No 398/2004.

Regulation

of Korea

imposed

Council

or

Article 2

The Customs authorities are hereby directed, pursuant to Article
13(3) and Article 14(5) of Regulation (EC) No 384/96, to take
the
into the
to register
Community identified in Article 1 of this Regulation.

appropriate

imports

steps

the

Registration shall expire nine months following the date of
entry into force of this Regulation.

The Commission, by Regulation, may direct customs authorities
to cease registration in respect of imports into the Community
of products manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

1.
Questionnaires should be requested from the Commission
within 15 days of the date of the publication of this Regulation
in the Official Journal of the European Union.

2.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit questionnaire replies or any other infor-

mation within 40 days from the date of the publication of this
Regulation in the Official Journal of the European Union, unless
otherwise specified.

Producers in the Republic of Korea requesting exemption
3.
of
imports from registration or measures should submit a
request duly supported by evidence within the same 40-day
time-limit.

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time-limit.

Any information relating to the matter, any request for a
5.
hearing or for a questionnaire as well as any request
for
exemption of imports from registration or measures must be
made in writing (not in electronic format, unless otherwise
specified) and must indicate the name, address, e-mail address,
telephone and fax numbers of the interested party. All written
submissions, including the information requested in this Regu-
lation, questionnaire replies and correspondence provided by
interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation, shall be accompanied by a non-confidential version,
which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05.

Article 4

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

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

Done at Brussels, 19 April 2006.

For the Commission

Peter MANDELSON
Member of the Commission

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council regarding public access to
European
documents
Parliament, Council
(OJ L 145, 31.5.2001, p. 43).
is a confidential document
pursuant to Article 19 of the basic Regulation and Article 6 of
the WTO Agreement on Implementation of Article VI of
the
GATT 1994 (Anti-dumping Agreement).

and Commission
It