Council Regulation (EC) No 1739/2006 of 23 November 2006 terminating the partial interim review of anti-dumping measures applicable to imports of silicon originating in the Russian Federation
Date: 2006-11-23
Institutions: Council of the European Union
Subjects: Russia, anti-dumping legislation, anti-dumping measure, originating product, semi-metal

25.11.2006

EN

Official Journal of the European Union

L 329/3

COUNCIL REGULATION (EC) No 1739/2006

of 23 November 2006

terminating the partial interim review of anti-dumping measures applicable to imports of silicon
originating in the Russian Federation

THE COUNCIL OF THE EUROPEAN UNION,

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 11(3) thereof,

Having regard to the proposal submitted by the Commission
after having consulted the Advisory Committee,

Whereas:

(5)

(6)

initiation)
The Commission, by a notice (notice of
European
published in the Official
the
of
Union (4), accordingly initiated a partial
interim review
of the anti-dumping measures applicable to imports of
silicon, currently classifiable within CN code 2804 69 00
and originating in the Russian Federation.

Journal

The Commission officially advised the applicant,
the
representatives of the exporting country and the asso-
ciation of Community producers of the initiation of the
Interested parties were given the oppor-
investigation.
tunity to make their views known in writing and to
request a hearing within the time limit set out in the
notice of initiation and questionnaires were sent to the
applicant.

1. PROCEDURE

(7)

The investigation period was 1 April 2005 to 31 March
2006.

(1)

(2)

(3)

(4)

1.1. Previous investigations and measures in force

By Council Regulation (EC) No 2229/2003 (2), a defi-
nitive anti-dumping duty was imposed on imports of
silicon originating in Russia. The rate of the definitive
anti-dumping duty applicable to imports
from SKU
LLC, Sual-Kremny-Ural, Kamensk, Ural Region, Russia
and its
Irkutsk,
related company ZAO KREMNY,
Irkutsk Region, Russia is 22,7 %. The Commission, by
Decision 2004/445/EC (3)
an undertaking
offered by those companies.

accepted

(8)

(9)

1.2. Request for an interim review

On 6 February 2006, the Commission received a request
for a partial interim review pursuant to Article 11(3) of
the basic Regulation concerning
anti-dumping
measures applicable to imports of silicon originating in
the Russian Federation.

the

The request was made by SKU LLC, Sual-Kremny-Ural,
Kamensk, Ural Region, Russia and its related company
ZAO KREMNY,
Irkutsk Region, Russia (the
applicant) and was limited in scope to the determination
of dumping as far as the applicant is concerned.

Irkutsk,

The request contained prima facie evidence that
the
circumstances on the basis of which measures were
established have changed and that these changes are of
a lasting nature.

(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 339, 24.12.2003, p. 3. Regulation as amended by Regulation

(EC) No 821/2004 (OJ L 127, 29.4.2004, p. 1).

(3) OJ L 127, 29.4.2004, p. 114.

2. WITHDRAWAL OF THE REQUEST AND
TERMINATION OF THE INTERIM REVIEW

On 29 May 2006, i.e. before the submission of a reply to
the questionnaire, the applicant formally withdrew their
request.

It was considered whether it would be warranted to
continue the investigation ex officio despite the above
mentioned withdrawal. However, given that the request
had been withdrawn at an early stage of the investi-
IP was
gation, no evidence relating to the current
available and no preliminary findings were obtained at
this stage which would have allowed continuing with the
investigation.

(10)

Information provided for in the applicant's request had
not brought to light any considerations showing that the
termination of
in the
the
Community interest.

review would not be

(11) All interested parties were informed about the intention
to terminate the present proceeding. One interested party
argued that the applicant was still exporting the product
concerned to the EC at dumped prices and that therefore
the investigation should continue. However, it should be
noted that the termination of this investigation does not
result in the elimination of the anti-dumping measure
which is already in force in order to re-establish fair
trade practises. Therefore,
this argument had to be
rejected.

(4) OJ C 82, 5.4.2006, p. 64.

L 329/4

EN

Official Journal of the European Union

25.11.2006

(12)

(13)

Two other interested parties argued also in favour of
continuing the present investigation in order to remove
the measures, given the alleged shortage of supply in the
EC. However, this argument is outside the scope of this
investigation which is limited to the reassessment of the
dumping margin of one exporter. Therefore, the contin-
uation of
this investigation would in any event not
change the level of measures to which other exporters
are subject to. It could not, consequently, address the
issue of short supply in a non-discriminatory way.

the current

It was therefore concluded that
interim
review of definitive anti-dumping measures applicable
to imports into the Community of silicon originating
in the Russian Federation should be terminated. The
anti-dumping measures with regard to the applicant
currently
should be maintained without
affecting the duration of the measures,

in force

HAS ADOPTED THIS REGULATION:

Article 1

The partial

interim review, pursuant to Article 11(3) of
1.
Regulation (EC) No 384/96, with regard to the anti-dumping
measures applicable to imports of silicon originating in the
Russian
(EC) No
virtue
2229/2003, is hereby terminated.

of Regulation

Federation

by

2.
The anti-dumping measures currently in force with regard
to SKU LLC, Sual-Kremny-Ural, Kamensk, Ural Region, Russia
and ZAO KREMNY, Irkutsk, Irkutsk Region, Russia are main-
tained.

Article 2

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, 23 November 2006.

For the Council
The President

M. PEKKARINEN