Council Regulation (EC) No 83/2008 of 21 January 2008 repealing the anti-dumping duty on imports of ferro molybdenum originating in the People’s Republic of China and terminating the proceeding in respect of such imports, following review pursuant to Article 11(3) of Regulation (EC) No 384/96
Date: 2008-01-21
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, ferro-alloy, import, originating product

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Official Journal of the European Union

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 83/2008

of 21 January 2008
repealing the anti-dumping duty on imports of ferro molybdenum originating in the People’s
Republic of China and terminating the proceeding in respect of such imports, following review
pursuant to Article 11(3) of Regulation (EC) No 384/96

THE COUNCIL OF THE EUROPEAN UNION,

(2)

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 Articles 11(2), 11(3) and
11(7) thereof,

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

Whereas:

A. PROCEDURE

1. Measures in force

(1)

In January 2002, the Council, by Regulation (EC) No
215/2002 (2),
imposed a definitive anti-dumping duty
on imports of ferro molybdenum (FeMo) originating in
the People’s Republic of China (PRC), falling under CN
code 7202 70 00 (the product concerned). The investi-
gation period that led to these measures was 1 October
1999 to 30 September 2000 and will be referred to as
‘the original
investigation’. The measures imposed by
Regulation (EC) No 215/2002 consisted of an ad
valorem duty of 22,5 %.

(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. Regulation as last amended by Regulation

(EC) No 856/2007 (OJ L 190, 21.7.2007, p. 1).

suspended for

the Commission, by Decision
In October 2006,
2006/714/EC (3),
a period of nine
months the definitive anti-dumping duty imposed by
the
Regulation (EC) No 215/2002 on imports of
product concerned originating 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 Regulation.

(3)

(4)

(5)

in

its

Commission

Decision
concluded,
The
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 suspension
because of the temporary change in market conditions,
the product
in particular the high level of prices of
concerned on the Community market, which was far
above the injurious level found in the original
investi-
gation,
demand-supply
imbalance for the product concerned.

together with

alleged

the

the Council, by Regulation (EC) No
In July 2007,
856/2007 (4), extended until 31 January 2008 the
suspension of the definitive anti-dumping duty imposed
by Regulation (EC) No 215/2002 on imports of
the
product concerned originating in the PRC.

The Council concluded, in Regulation (EC) No 856/2007,
that the situation in the Community market with respect
to the product concerned has
remained unchanged
following the suspension of the anti-dumping duty in
October 2006 and decided, pending the outcome of
the
(6)
the review (see recitals
suspension of the measures in force in accordance with
the provisions of Article 14(4) of the basic Regulation.

to extent

to (8)),

(3) OJ L 293, 24.10.2006, p. 15.
(4) OJ L 190, 21.7.2007, p. 1.

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(6)

(7)

(8)

(9)

2. Review of the measures

On 31 October 2006 an ex officio full interim review of
the anti-dumping measures applicable to imports of
FeMo originating in the PRC was initiated, in line with
the provisions of Article 11(3) of the basic Regulation, by
a notice published in the Official Journal of the European
Union (1)
the
corpus
evidence
of
the
at
Commission’s disposal
that
the
indicated prima facie
existing
circumstances on the basis of which the
measures were established have changed to the extent
that the existing measures might no longer be adequate
and that certain of these changes appeared to be of a
lasting nature.

since

It is recalled that in line with the provisions of Article
11(7) of the basic Regulation where an interim review of
anti-dumping measures pursuant to Article 11(3) of the
basic Regulation is in progress at the end of the period of
application of anti-dumping measures as defined in
Article 11(2) of
interim
for
review shall also cover the circumstances set out
expiry reviews in Article 11(2) of the basic Regulation.

the basic Regulation,

the

Account taken of the above, and given that the measures
imposed by Regulation (EC) No 215/2002 were due to
expire in January 2007, the ex officio full interim review
referred under recital (6) covered the circumstances set
the ex officio full
out
interim review had to reach conclusions on whether
the expiry of measures would be likely or unlikely to
lead to the continuation or recurrence of dumping and
injury.

for expiry reviews. Therefore,

3. Investigation

The Commission officially advised the producers in the
PRC and their association, users and their associations in
the Community known to be concerned, the represen-
tatives of the PRC and known Community producers and
their association, of the initiation of the ex officio full
interim review. Interested parties were given the oppor-
tunity to make their views known in writing and to
request a hearing within the time limit set out in the
notice of initiation.

(10)

In view of the large number of Chinese exporters/pro-
ducers expected to be involved, it was considered appro-
priate, in conformity with Article 17 of the basic Regu-
lation, to examine whether sampling should be used. In
to enable the Commission to decide whether
order
to select a
sampling would be necessary and,
sample, the abovementioned parties were requested to
make themselves known within 15 days of the initiation
of the review and to provide the Commission with the

if so,

initiation.
information requested in the notice of
However only one Chinese producer came forward and
provided the
sampling.
Therefore,
sampling was not
necessary.

requested information for

it was decided that

(11)

(12)

(13)

treatment

individual

In order to allow exporters/producers in the PRC to
submit a claim for market economy treatment (MET)
or
the
(IT),
Commission sent claim forms to the exporters/producers
known to be concerned, to the authorities of the PRC
and to the China Chamber of Commerce of Metals
Exporters
Minerals
(CCCMC).

they so wished,

and Chemicals

Importers

and

if

to users

The Commission sent questionnaires to the sole coop-
erating Chinese producer,
and unrelated
importers known to be concerned, to the Community
producers known to be concerned and to known
producers of FeMo in the United States of America
(USA), which was chosen as analogue country in the
original investigation.

100 %

producers

(representing

Replies to the questionnaires were received from three
Community
of
production in the Community), one producer in the
PRC, two users and one USA producer. The Commission
also received comments and information from two users,
the Cast Metals
the European Foundries Association,
Iron and
Federation,
Steel
of
European Ferro Alloys Producers (EUROALLIAGES), the
CCCMC, one Chinese producer and one USA producer.

the European Confederation of

the Association

(EUROFER),

Industries

(14)

The Commission sought and verified all the information
it deemed necessary for its analysis and carried out veri-
fication visits at the premises of the following companies:

(a) Community producers

Climax Molybdenum UK Ltd, Stowmarket, United
Kingdom

Sadaci, N.V., Gent, Belgium

Treibacher Industrie AG, Treibach-Althofen, Austria

(b) Producer in the PRC

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

Nanjing Metalink International Co. Ltd, Nanjing

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(c) Producer in the USA

(20)

Bear Metallurgical Company, Butler, Pennsylvania

(d) Community users

The product is sold in different product grades according
to the proportion of molybdenum content and the
proportion of impurities. The investigation has shown
that all product grades have the same basic physical
same uses.
and
Therefore, and for the purposes of the current review,
all types of the product concerned are considered as one
product.

characteristics

chemical

and

the

Corus UK Limited, Scunthorpe, United Kingdom

2. Like product

Böhler-Uddeholm AG, Vienna, Austria

(21)

(15)

The investigation on the circumstances with regard to
dumping and injury and on the continuation and/or
recurrence of dumping and injury covered the period
from 1 October 2005 to 30 September 2006 (review
the
investigation period or RIP). The examination of
trends relevant for the assessment of the likelihood of
a continuation or recurrence of injury covered the period
from 1 January 2003 up to the end of the RIP (period
considered).

B. PRODUCT CONCERNED AND LIKE PRODUCT

1. Product concerned

(16)

The definition of the product concerned corresponds to
that used in the original investigation mentioned under
recital (1) above.

(17)

The product concerned is ferro molybdenum originating
in the PRC,
currently classifiable within CN code
7202 70 00.

(18)

FeMo is a ferro-alloy containing usually between 45 %
the remaining part being
and 80 % of molybdenum,
iron and small quantities of
impurities. The actual
molybdenum (Mo) content of FeMo is variable and it is
expressed as a percentage of the total weight of FeMo.
The two main types of production process used in the
production of FeMo are the thermic and the electrolytic
In both cases, technical grade molybdenum
processes.
trioxide (MoO3)
iron.
is reduced in the presence of
However, because of practical reasons and higher costs
In the
the electrolytic method is practically not used.
thermic production process
aluminium and silicon
metals are used for the reduction of a charge consisting
of a mixture of MoO3 and iron oxide.

current

review has

shown that

the product
The
concerned and the FeMo produced and sold on the
domestic markets of the PRC and the USA as well as
the FeMo manufactured and sold in the Community by
the Community producers have the same basic physical
same uses.
and
Therefore, these products are considered to be a like
product within the meaning of Article 1(4) of the basic
Regulation.

characteristics

chemical

and

the

C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
OF DUMPING

1. Preliminary remarks

(22)

In accordance with Articles 11(2), 11(3) and 11(7) of the
basic Regulation, it was examined whether dumping was
currently taking place and whether the expiry of the
measures would be likely to lead to a continuation or
a recurrence of dumping.

(23) During the RIP, there were practically no imports to the
Community of FeMo originating in the PRC (the country
imports from the
concerned). According to Eurostat,
country concerned amounted to only 13,8 tonnes in
EU 27 during the RIP (practically representing some
0,04 % of Community consumption), whilst they were
more than 13 200 tonnes in EU 15 during the original
investigation. It is noted that all FeMo data in the Regu-
lation are adapted as to correspond to the Mo content.

(24)

The sole Chinese cooperating producer did not have
export sales of FeMo either to the Community or to
anywhere else during the RIP and, thus, no representative
dumping calculations on the basis of its own data could
be made in order
to determine the likelihood of
recurrence of dumped exports.

(19)

FeMo is used in the melts during the production of
alloyed steel and cast
the ability of
molybdenum to enhance the resistance to corrosion
and to heat of the alloyed steel and cast iron.

iron because of

(25)

Consequently, the likelihood of recurrence of dumping
analysis had to take account of information relating to
the period after the RIP, i.e. when the anti-dumping duty
was suspended.

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(26)

(27)

(28)

(29)

(30)

2.1. Market economy treatment (MET)

Pursuant to Article 2(7)(b) of the basic Regulation,
in
anti-dumping investigations concerning imports origi-
nating in the PRC normal value shall be determined in
accordance with paragraphs 1 to 6 of the said Article for
those exporting producers which have shown that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation,
is demonstrated by such
exporting producers that market economy conditions
prevail
in respect of the manufacture and sale of the
like product. Briefly, and for ease of reference only,
these criteria are set out in a summarised form below:

i.e. where

it

1. business decisions and costs are made in response to
market conditions, and without significant State inter-
ference;

2. accounting records are independently audited, in line
with International Accounting Standards (IAS) and
applied for all purposes;

3. there are no significant distortions carried over from

the former non-market economy system;

4.

legal certainty and stability is provided by bankruptcy
and property laws;

5. currency exchanges are carried out at the market rate.

sole

cooperating Chinese producer of

The
FeMo
requested MET pursuant to Article 2(7)(b) of the basic
Regulation and replied to the MET claim form for
deadlines.
exporting
Although this Chinese producer did not have any
export sales of FeMo,
it was considered appropriate to
examine its MET claim in view of the very low level of
Chinese cooperation.

producers within

given

the

(31) As far as criterion 1 is concerned it was established on
spot that the company did not pay the applicable social
contributions for the vast majority of its workers disre-
garding without any consequence the relevant Chinese
legislation. Furthermore, the company was not able to
provide any evidence on the transfer of shares between
the previous and the new Chinese shareholder. It was
also revealed on spot
that new State-imposed export
restrictions were introduced recently in the Chinese
FeMo industrial sector. In particular, the Chinese autho-
rities have introduced,
following the RIP, an export
licensing system for the exports of FeMo. Producers
wishing to obtain an export
license are requested to
meet a clear and restrictive set of conditions referring,
among other things, to past minimum production and
export performance volumes. According to the relevant
legislation the provincial commerce authorities and the
CCCMC examine
and the Chinese
Ministry of Commerce decides and publishes the list of
enterprises that qualify for obtaining an export license.
The aforesaid minimum production and export sales
requirements could be unilaterally modified by the
relevant authorities.
is obvious that any producer
which does not meet the production and export sales
performance volumes will not be entitled to export
FeMo. The same applies for any new producer since
the allocation of licenses is based on a past production
and export record. Although the aforesaid development
concerning export sales restrictions took place after the
RIP it was regarded necessary to take it into consid-
eration when assessing the company’s MET claim since
failure to take it into account would lead to manifestly
it was
inappropriate
it
concluded that
fulfils criterion 1.

conclusions.
the company has not shown that

Consequently,

applications

all

It

that

offsetting,

fundamental

(32) As far as criterion 2 is concerned it was established on
International Accounting
spot
accrual
Standards principles were disregarded (i.e.
the
principle,
amounts reported in the accounts and the actual source
accounting material,
lack of faithful representations of
transactions) both in the accounts and in their audit
which put into question the reliability of the company’s
the
concluded that
accounts. Consequently,
company has not shown that it fulfils criterion 2.

inconsistencies

between

it was

the sole cooperating producer

For
sought all
the information submitted in the MET claim at
premises of the company in question.

the Commission
information deemed necessary and verified
the

The sole Chinese producer, Nanjing Metalink Interna-
tional Co. Ltd, Nanjing, did not show that it fulfils all
the criteria set out in Article 2(7)(c) of the basic Regu-
lation. The company did not fulfil criteria 1, 2 and 3.

The cooperating Chinese exporting producer, the CCCMC
and the Community industry were given an opportunity
to comment on the above findings but no comments
were made.

(33) As far as criterion 3 is concerned the existence of
significant distortions carried over from the non-market
economy system was established on spot. The company
enjoyed significant income tax exemptions. As far as land
use rights are concerned it was revealed on spot that:
(i) the allocation of land was linked to investment under-
takings and (ii) the payments for land use rights were
either missing from the accounting records or did not
exist as an obligation in the land use rights contracts.
Furthermore, assets were evaluated only by State-owned
companies and the supporting material on conditions
applied to short-term loans was not available. Conse-
quently,
the company has not
it was concluded that
shown that it fulfils criterion 3.

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(34) On the basis of the above, it was concluded that the sole
cooperating Chinese producer has not shown that
it
fulfils all the criteria set out in Article 2(7)(c) of the
basic Regulation and, thus, could not be granted MET.

Community during the RIP. These did not allow for a
meaningful dumping calculation.

2.2. Individual treatment (IT)

(35)

to Article 2(7)(a) of

the basic Regulation, a
Pursuant
country-wide duty,
is established for countries
falling under that Article, except in those cases where
companies are able to demonstrate that they meet all
criteria set out in Article 9(5) of the basic Regulation.

if any,

(41) Account taken of the above and for the sake of trans-
parency of the investigation the country-wide dumping
margin,
average-to-average
comparison and expressed as a percentage of the CIF
Community frontier price duty unpaid, was calculated
and found to be 18,5 %.

a weighted

based

on

(36)

The sole Chinese producer who requested MET also
claimed IT in the event that it would not be granted
MET.

(37) On the basis of the information available, it was estab-
lished that the company did not export FeMo during the
RIP either to the Community or to any other country.
Thus,
the
it was not possible to establish whether
requirements foreseen in Article 9(5) of the basic Regu-
lation are fulfilled. It was therefore concluded that the
company could not be granted IT.

2.3. Analogue country

(38) According to Article 2(7) of the basic Regulation, in case
of imports from non-market-economy countries and to
the extent that MET could not be granted, for countries
the basic Regulation,
specified in Article 2(7)(b) of
normal value has to be established on the basis of the
price or constructed value in an analogue country.

(39)

In the notice of initiation the Commission indicated its
intention to use the USA as an appropriate analogue
country for the purpose of establishing normal value
for
to
the PRC and invited the interested parties
comment thereon. No comments were received on this
matter. In view of the above,
it is concluded that the
USA constitutes an appropriate analogue country in
accordance with Article 2(7)(a) of the basic Regulation
as it was also the case in the original investigation.

2.4. Dumping margin during the RIP

(40) As described under recital (23) above, there were prac-
the product concerned to the

tically no imports of

3. Development of dumped exports

should the

measures be repealed

PRC’s industrial policy with regard to FeMO

(42) As to the situation in the PRC, the investigation estab-
lished that the PRC is currently applying an industrial
the restriction of FeMo exports.
policy that aims at
This is clearly pictured in the recent measures taken for
FeMo by the Chinese authorities, namely:

(i) the abolition of export tax rebates on exports of

FeMo which took effect before the RIP;

(ii) the introduction of an export

tax on exports of

FeMo which took effect on 1 November 2006;

(iii) the introduction on 1 January 2007 of an export
licensing system for companies wishing to export
FeMo; and

(iv) the introduction on 1 March 2007 of an export
quota system applicable to companies that have
been awarded with export
licenses for FeMo (see
recital (31) above).

The situation of the cooperating PRC producer

(43)

It is recalled that only one Chinese producer cooperated
with the investigation who did not export during the RIP,
but only made some limited sales of FeMo in the
domestic market. The situation of this small company
does not allow for any extrapolations
for Chinese
producers.

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(44)

sporadic

It would be

the
sales of
therefore difficult

The company’s capacity utilisation ratio was less than
1 %. However, account being taken of the new policy
on the FeMo industrial sector as applied by the Chinese
authorities (see recitals (31) and (42)), it is highly unlikely
that the company will be able to use any significant part
of this capacity. Indeed, the company produced limited
and decreasing quantities of FeMo during the last three
years before the RIP and had no export sales. In fact, the
company could be regarded as an occasional producer of
product
FeMo performing
concerned.
the
for
company to acquire an export license and be allocated
an export quota since all these are based on past export
performance and production activity figures. Thus, this
to
Chinese producer would probably have no right
export FeMo to the Community in the future. Given
these sporadic production activities over the last couple
of years and in view of the new Chinese policies applied
i.e. that the Chinese authorities
to the FeMo industry,
want to regulate the FeMo exports as described above,
there is no likelihood of recurrence of any significant
volumes of exports to the Community in the near
future for this company.
the findings
with regard to this company are not considered as repre-
sentative.

In any event,

Spare capacity and stocks of other PRC producers

(45) No reliable information as to the production capacity and
volumes, stocks and sales was available for the non-coop-
erating companies. In this respect, EUROALLIAGES has
argued that there is significant idle and available capacity
in the PRC as well as information on Chinese companies
the most
resuming mining operations
important mining areas in the PRC. EUROFER on the
other hand has argued that the Chinese FeMo sector is
under a consolidation and restructuring process and
companies that do not comply with the new Chinese
regulatory framework are threatened with closure thus
undermining any possible increase in capacities and
production volumes.
the information
on file as
to current and future spare production
capacity, stocks, etc. is not entirely conclusive.

In other words,

in one of

export

activities during the

(46) However, in order to have a meaningful indication as to
the future exporting behaviour of Chinese producers,
their
long period of
suspension of anti-dumping measures were considered
as the most suggestive evidence of the future trends. It
is recalled that on the basis of the information available
from Eurostat, Chinese
FeMo to the
Community from other than the cooperating Chinese
in the RIP. Despite
producer were negligible
the
suspension of
anti-dumping duty of 22,5 %,
Chinese imports in the Community after the RIP have
remained low. This is a clear indication that the non-
cooperating companies do not have any significant

exports of

the

in the Community market and this lack of
interest
interest would in all likelihood remain in the foreseeable
future.

Price level on the Community market

FeMo

exporting

(47) As explained under recitals (2) to (5), since October 2006
the anti-dumping duty applicable to imports of FeMo
originating in the PRC is suspended. According to the
relevant Eurostat data, this has led to a moderate increase
in imports of Chinese FeMo. Indeed, during the period
October 2006 to August 2007 there were some 846
tonnes of Chinese FeMo imported into the Community
(EU 27) compared with imports of 13,8 tonnes during
the RIP. On an extrapolated basis,
these 846 tonnes
represent a market share of less than 2,5 % of the EU
27 Community market. Furthermore, it appears that on a
12-month basis Chinese imports in EU 27 are less than
8 % of those in EU 15 during the original investigation.
These imports are by far lower than those from the
the
major
In
Community
the
addition,
significant anti-dumping duty of 22,5 %,
the Chinese
exports sales to the Community increased moderately
found
indicates
markets elsewhere. Moreover, they could always focus
on their domestic market
the reasons described
under recitals (31) and (42). It is noted that sales prices
in the Community (i.e.
import prices including those
from the PRC and Community producers’ prices)
increased six times between the original
investigation
and the RIP. It was found that after the RIP when the
measures were suspended, the Chinese average import
price increased by some 15 % and reached the level of
the average import price from other sources (e.g. Chile,
Armenia, Iran and Russia). In other words, Chinese post
RIP imports do not undercut prices of other players on
the Community market but ‘follow the flow’.

and Russia).
that despite the suspension of

the Chinese producers have

(i.e. Chile, Armenia

countries

the fact

third

that

for

to

(48)

Relationship between export prices to third countries and the
price level in China

There is no reliable and verifiable information on the
price level
in China. Data from the sole cooperating
Chinese producer showed that its domestic sales prices
are relatively low. Nevertheless, as these domestic sales
were only sporadic this
information is clearly not
sufficient to arrive to any concrete conclusion on the
likelihood of recurrence of dumping on exports to the
Community should measures be repealed. Furthermore,
no MET was granted which would have allowed a proper
comparison of Chinese domestic prices with export
prices. However,
it is noted that the dumping margin
established for the practically non-existent exports in
than the
the RIP (18,5 %)
dumping margin established in the original investigation
(38,5 %). Given the apparent increase by some 15 % of
the Chinese export prices following the RIP, it appears
that
from the PRC to the
Community would in all likelihood not be dumped.

currently any exports

significantly

lower

is

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Relationship between export prices to third countries and the
price level in the Community

such exports are not expected to be made at dumped
prices as established in the original investigation.

(49)

Statistical
information allegedly based on the China
Export Statistics submitted by the Community industry
showed that during the RIP and afterwards the Chinese
export prices to third countries were on average at the
same level as Chinese export prices to the Community.
This may indicate that the Chinese producers do not
policies
differentiate
there is
depending on the export market and,
neither
any
significant exports to the Community market.

any likelihood to shift

incentive nor

price
thus,

greatly

export

their

Chinese domestic demand

(50) Available information suggests that the PRC has a very
important domestic demand for its FeMo production.
Furthermore, as it was explained under recital (42) the
PRC has developed a comprehensive package of measures
aimed at securing future supplies of FeMo. While it is
true that such export restricting policies could change
very quickly, the PRC has no incentive to do so in the
foreseeable future.

(51)

(52)

4. Conclusion

For the examination as to whether it would be likely that
dumping would recur should the anti-dumping measures
be repealed,
the Commission sought and verified all
information that was made available.

significant exports

This examination revealed that, whilst there may be some
spare production capacity in the PRC, this would not
lead to a resumption of
to the
Community if measures are allowed to expire because
the Chinese FeMo industrial policy aims at restricting
exports and in any event
there is no obvious price
incentive which could divert sales to the Community.
There are therefore no reasons
the
volume of Chinese exports, at least in the foreseeable
future, will be significant and, more importantly, any

to believe that

(53)

(54)

(55)

Consequently, since there is no likelihood of recurrence
of dumped exports from the country concerned which
could cause injury, there is no need to analyse the like-
lihood of
injury and the Community
interest. The measures on imports of FeMo originating
in the PRC should therefore be repealed and the
proceeding terminated.

recurrence of

D. DISCLOSURE

Interested parties were informed of the essential facts and
considerations on the basis of which it was intended to
propose that the existing measures against the PRC be
repealed and the proceeding terminated. All parties were
given an opportunity to comment. No party objected to
the findings set out above.

It is therefore concluded that since there is no likelihood
of resumption of any significant quantities of dumped
exports of FeMo to the Community from the PRC, the
measures
repealed and the proceeding
terminated,

should be

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping measures on imports of ferro molybdenum
originating in the People’s Republic of China, imposed by Regu-
lation (EC) No 215/2002, are hereby repealed and the
proceeding concerning these imports is terminated.

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, 21 January 2008.

For the Council
The President

I. JARC