Council Regulation (EC) No 856/2007 of 16 July 2007 extending the suspension of the definitive anti-dumping duty imposed by Regulation (EC) No 215/2002 on imports of ferro molybdenum originating in the People’s Republic of China
Date: 2007-07-16
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, ferro-alloy, import, originating product

21.7.2007

EN

Official Journal of the European Union

L 190/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 856/2007

of 16 July 2007

extending the suspension of the definitive anti-dumping duty imposed by Regulation (EC) No
215/2002 on imports of ferro molybdenum originating in the People’s Republic of China

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 14 thereof,

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

Whereas:

(1)

(2)

(3)

A. PROCEDURE

The Council, by Regulation (EC) No 215/2002 (2),
imposed a definitive anti-dumping duty on imports of
ferro molybdenum originating in the People’s Republic
of China (PRC), falling under CN code 7202 70 00 (the
product concerned). The rate of the anti-dumping duty is
22,5 %.

Commission

by Decision

2006/714/EC (3),
The
suspended for a period of nine months the definitive
anti-dumping duty imposed by Regulation (EC) No
215/2002 on imports of the product concerned origi-
nating in the PRC.

The decision to suspend the definitive anti-dumping duty
imposed by Regulation (EC) No 215/2002 was taken in
line with the provisions of Article 14(4) of the basic

(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 35, 6.2.2002, p. 1.
(3) OJ L 293, 24.10.2006, p. 15.

that,

in the Community
Regulation which provides
interest, anti-dumping measures may be suspended on
the grounds that market conditions have temporarily
changed to an extent that injury would be unlikely to
resume as a result of such suspension, provided that the
Community industry has been given an opportunity to
comment and these comments have been taken into
account.

(4)

(5)

(6)

the suspension because of

The Commission concluded in Decision 2006/714/EC
that
the injury linked to the imports of the product
concerned originating in the PRC was unlikely to
resume as a result of
the
temporary change in market conditions, and in particular
the high level of prices of
the product concerned
practised on the Community market, which was far
above the injurious level found in the original
investi-
gation,
demand-supply
imbalance of the product concerned.

together with

alleged

the

The Commission undertook in Decision 2006/714/EC
the obligation to monitor the development of imports
and the prices of the product concerned and to repeal
the suspension in case increased volumes at dumped
prices of the product concerned from the PRC resume
and consequently cause
injury to the Community
industry.

On 31 October 2006 an ex officio full interim review was
initiated by a notice published in the Official Journal of the
European Union (4) since the corpus of evidence at the
Commission's disposal
indicated that the circumstances
on the basis of which the existing measures were estab-
lished have changed to an extent
the existing
measures may no longer be adequate and that certain
of these changes appeared to be of a lasting nature.

that

(4) OJ C 262, 31.10.2006, p. 28.

L 190/2

EN

Official Journal of the European Union

21.7.2007

(7)

(8)

B. GROUNDS

Article 14(4) of the basic Regulation provides that, in the
Community interest, anti-dumping measures may be
suspended for a period of nine months but
the
suspension may be extended for a further period, not
exceeding one year, if the Council so decides, acting on
a proposal of the Commission.

Since the suspension of measure there was no change in
the situation set out in recitals 5 to 10 of Decision
2006/714/EC with respect to imports and prices of the
product concerned. Only insignificant volumes of ferro
molybdenum originating in the PRC were imported into
the EC.

(9) With regard to the ex officio full

recalled that
months of initiation, i.e. by 31 January 2008.

should be

this

interim review it is
concluded within 15

C. CONCLUSION

it

(10) Given that the situation in the Community market has
remained unchanged following the suspension of
the
anti-dumping duty in October 2006 and since the
interim review has not been concluded yet,
is
considered appropriate to extend the suspension of the
measures in force in accordance with Article 14(4) of the
basic Regulation. On the basis of the general principle of
predictability of trade inflows and in anticipation of the
results of the currently conducted interim review it is
concluded that the suspension of the measures in force
should be extended until 31 January 2008, i.e. until the
final time limit for the conclusion of the interim review.
No indications have been found as to why the extension
of
the suspension would not be in the Community
interest.

the anti-
its intention to extend the suspension of
dumping measures in force. The Community industry
its
has been given an opportunity to comment but
the
comments did not
alter
in Decision
situation has
2006/714/EC.

conclusion that

remained

out

the

set

as

(12)

(13)

that

therefore

considers

Commission

The
all
requirements for extending the suspension of the anti-
dumping duty imposed on the product concerned are
met, in accordance with Article 14(4) of the basic Regu-
lation. Consequently, the suspension of the anti-dumping
duty imposed by Regulation (EC) No 215/2002 should
be extended until 31 January 2008.

the development of
The Commission will monitor
imports and the prices of
the product concerned.
Should a situation arise at any time in which increased
volumes at dumped prices of
the product concerned
from the PRC resume and consequently cause injury to
the Community industry, the Commission will propose
reinstating the anti-dumping duty by repealing the
present suspension,

HAS ADOPTED THIS REGULATION:

Article 1

The suspension of the definitive anti-dumping duty imposed by
ferro
Council Regulation (EC) No 215/2002 on imports of
molybdenum, falling within CN code 7202 70 00, and origi-
nating in the People’s Republic of China is hereby extended
until 31 January 2008.

Article 2

(11)

Pursuant to Article 14(4) of the basic Regulation, the
Commission has informed the Community industry of

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, 16 July 2007.

For the Council
The President

J. SILVA