Proposal for a Council Regulation (EU) No …/.. imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain cargo scanning systems originating in the People's Republic of China
Date: 2010-05-18
Institutions: European Commission
Subjects: China, anti-dumping duty, import, molybdenum, originating product, wire

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EUROPEAN COMMISSION 

Brussels, 18.5.2010 
COM(2010)236 final 

2010/0134 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty and collecting definitively the provisional duty 
imposed on imports of certain molybdenum wires originating in the People's Republic of 
China 

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EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  1225/2009  of 
30 November 2009 on protection against dumped imports from countries not members 
of  the  European  Community  (‘the  basic  Regulation’)  in  the  proceeding  concerning 
imports of certain molybdenum wires originating in the People's Republic of China. 

General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural requirements laid out in the basic Regulation. 

Existing provisions in the area of the proposal 

By Regulation (EC) No 1247/2009 the Commission imposed provisional anti-dumping 
measures on imports of certain molybdenum wires originating in the People's Republic 
of China . 

Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

Consultation of interested parties and impact assessment 

Consultation of interested parties 

Interested parties concerned by the proceeding have had the possibility to defend their 
interests during the investigation, in line with the provisions of the basic Regulation. 

Collection and use of expertise 

There was no need for external expertise. 

Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The basic Regulation does not provide for a general impact assessment but contains an 
exhaustive list of conditions that have to be assessed. 

3. 

Legal elements of the proposal 

Summary of the proposed action 

On  8  April  2009,  the  Commission  initiated  an  anti-dumping  proceeding  concerning 
imports of certain molybdenum wires originating in the People's Republic of China. 

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The investigation found dumping of the product concerned, which caused injury to the 
Union industry. The investigation also found that it was not against the Union interest 
to  impose  anti-dumping  measures.  On  this  basis,  provisional  measures  were  imposed 
by  Commission  Regulation  (EC)  No  1247/2009.  The  attached  proposal  for  a  Council 
Regulation  is  based  on  the  definitive  findings  on  dumping,  injury,  causation  and 
Community interest; the investigation following the imposition of provisional measures 
has confirmed the main provisional findings. 

It is therefore proposed that the Council adopts the attached proposal for a Regulation 
in order to impose definitive measures. 

Legal basis 

Council  Regulation  (EC)  No  1225/2009  of  30 November  2009  on  protection  against 
dumped imports from countries not members of the European Community. 

Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Union.  The  subsidiarity 
principle therefore does not apply. 

Proportionality principle 

The proposal complies with the proportionality principle because the form of action is 
described  in  the  above-mentioned  basic  Regulation  and  leaves  no  scope  for  national 
decision. 

Indication of how financial and administrative burden falling upon the Union, national 
governments,  regional  and  local  authorities,  economic  operators  and  citizens  is 
minimized and proportionate to the objective of the proposal is not applicable. 

Choice of instruments 

Proposed instrument: Council Regulation. 

Other means would not be adequate because the basic Regulation does not provide for 
alternative options. 

4. 

Budgetary implication 

The proposal has no implication for the Union budget. 

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2010/0134 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty and collecting definitively the provisional duty 
imposed on imports of certain molybdenum wires originating in the People's Republic of 
China 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection 
against dumped imports from countries not members of the European Community1 (the 'basic 
Regulation'), and in particular Article 9 thereof, 

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

Whereas: 

1. 

PROCEDURE 

1.1. 

Provisional measures 

(1) 

(2) 

(3) 

The  European  Commission  (Commission),  by  Regulation  (EC)  No  1247/20092  (the 
'provisional  Regulation')  imposed  a  provisional  anti-dumping  duty  on  imports  of 
certain  molybdenum  wires  originating  in  the  People's  Republic  of  China  ('PRC'  or 
'country concerned'). 

The  proceeding  was  initiated  following  a  complaint  lodged  by  the  European 
Association  of  Metals  (EUROMETAUX)  (the  complainant)  on  behalf  of  a  producer 
representing  a  major  proportion,  in  this  case  more  than  25%,  of  the  total  Union 
production of molybdenum wires. 

As set out in recital 13 of the provisional Regulation, the investigation of dumping and 
injury covered the period from 1 April 2008 to 31 March 2009 (‘investigation period’ 
or ‘IP’). The examination of the trends for the assessment of injury covered the period 
from March 2005 to the end of the IP ('period considered'). 

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OJ L 343, 22.12.2009, p. 51. 
OJ L 336, 18.12.2009, p. 16. 

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1.2. 

Subsequent procedure 

(4) 

(5) 

2. 

(6) 

Subsequent to the disclosure of the essential facts and considerations  on the basis of 
which  it  was  decided  to  impose  provisional  anti-dumping  measures  ('provisional 
disclosure'),  several  interested  parties  made  written  submissions  making  their  views 
known  on  the  provisional  findings.  The  parties  who  so  requested  were  granted  an 
opportunity to be heard. The Commission continued to seek and verify all information 
it  deemed  necessary  for  its  definitive  findings.  The  oral  and  written  comments 
submitted  by  the  interested  parties  were  considered  and,  where  appropriate,  the 
provisional findings were modified accordingly. 

All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 
which it was intended to recommend the imposition of a definitive anti-dumping duty 
on  imports  of  certain  molybdenum  wires  originating  in  the  PRC  and  the  definitive 
collection  of  the  amounts  secured  by  way  of  the  provisional  duty  ('final  disclosure'). 
They  were  also  granted  a  period  within  which  they  could  make  representations 
subsequent to this disclosure. 

PRODUCT CONCERNED AND LIKE PRODUCT 

In  the  absence  of  any  comments  concerning  the  product  concerned  and  the  like 
product, recitals (14) to (17) of the provisional Regulation are hereby confirmed.  

3. 

DUMPING 

3.1. 

Market Economy Treatment (MET) – Individual Treatment (IT) 

(7) 

In the absence of any comments concerning the MET and IT findings, recitals (18) to 
(23) of the provisional Regulation are hereby confirmed.  

3.2. 

Normal value 

(8) 

(9) 

Following  the  disclosure  of  the  provisional  findings,  the  cooperating  exporting 
producer  contested  the  use  of  the  export  prices  from  the  USA  to  other  countries 
(including the Union) as a basis for the determination of the normal value for the PRC. 
Instead, it proposed to use the price actually paid or payable in the Union for the like 
product because it considered that normal value determined on this basis would yield a 
lower dumping margin for the PRC.  

The  same  producer  claimed  that  the  normal  value  should  be  adjusted  downwards  in 
order  to  account  for  the  efficiencies  it  enjoys  as  a  vertically  integrated  producer  in 
comparison with the complainant or the analogue country producer which do not have 
mining facilities for the main raw material, the molybdenum ore. 

(10)  Regarding the first claim it is noted that the use of prices paid or payable in the Union 
is  an  option  provided  for  in  Article  2(7)(a)  of  the  basic  Regulation  to  be  used  only 
when  the  other  options  provided  for  in  the  same  Article  cannot  be  applied.  Since  in 
this proceeding co-operation  was obtained from a third country producer, and it was 
thus  possible  to  use  the  option  of  a  price  from  the  market  economy  third  country  to 
other  countries,  there  is  no  legal  justification  to  apply  the  residual  option  of  Article 
2(7)(a). The claim was therefore, rejected. 

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(11)  Regarding  the  second  claim  it  is  noted  that  that  the  co-operating  producer  did  not 
provide  any  evidence  to  demonstrate  that  the  level  of  integration  of  producers  is  a 
factor that affects prices and price comparability. The claim was therefore rejected.  

(12)  Certain parties questioned the choice of the analogue country producer in view of the 
fact that this company in the USA is a daughter company of the complainant. In this 
regard it is noted that the fact that a company in the proposed analogue  country  is a 
related company of the complainant did not preclude that the information obtained was 
reliable and verifiable. 

(13) 

In the absence of any other comments concerning the normal value, which would alter 
the provisional findings, recitals (24) to (25) of the provisional Regulation are hereby 
confirmed. 

3.3. 

Export price 

(14) 

In  the  absence  of  any  comments  concerning  the  export  price,  recital  (26)  of  the 
provisional Regulation is hereby confirmed.  

3.4. 

Comparison  

(15) 

It  is  noted  that  the  indirect  taxation  adjustment  mentioned  in  recital  (27)  of  the 
provisional Regulation is 5% and represents the difference between the VAT payable 
on domestic sales and that payable on the export sales transactions due account being 
taken  of  the  VAT  refund  rate  on  export  sales..  The  co-operating  exporting  producer 
contested the manner in which this adjustment was applied and claimed that it should 
rather be calculated as a factor decreasing the export price. 

(16)  Regarding  this  claim  it  is  noted  that  the  adjustment  was  based  on  the  provisions  of 
Article  2(10)(b)  of  the  basic  Regulation  which  provides  for  an  adjustment  to  normal 
value for import charges and indirect taxes – a category which includes VAT. On this 
basis the claim was rejected.  

(17) 

In the absence of any other comments concerning the comparison, which would alter 
the  provisional  findings,  recital  (27)  of  the  provisional  Regulation  is  hereby 
confirmed.  

3.5. 

Dumping margins  

(18)  Based on the above, the country-wide dumping established in recitals (28) to (29) of 

the provisional Regulation at 68,4% is hereby confirmed.  

4. 

INJURY 

4.1. 

Union production 

(19) 

It is recalled that in order to protect the business confidential information of the sole 
Union producer that fully co-operated, all the figures related to sensitive data provided 
below have been indexed or given in a range. 

(20) 

In the absence of any comments concerning the Union production recitals (30) to (31) 
of the provisional Regulation are hereby confirmed.  

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4.2. 

Definition of the Union industry  

(21) 

In  the  absence  of  any  comments  concerning  the  definition  of  the  Union  industry, 
recital (32) of the provisional Regulation is hereby confirmed. 

(22)  Regarding  recital  (33)  of  the  provisional  Regulation  it  is  noted  that  on  the  basis  of 
comments  received  by  one  interested  party  a  clerical  error  was  detected.  The  fiscal 
year  ('FY')  2005  of  the  Union  producer  covers  the  period  from  1  March  2005  to  28 
February 2006 and not the period from 1 March 2004 to 28 February 2005 as indicated 
in that recital. Hence, the starting point of the injury assessment was effectively March 
2005. 

4.3. 

Union consumption 

(23) 

It  is  recalled  that  the  Union  consumption  was  established  by  adding  to  the  sales 
volume  of  the  known  producers  in  the  Union  all  the  imports  from  third  countries 
extracted  from  Eurostat.  It  is  also  recalled  that  since  the  CN  code  under  which  the 
product concerned is declared also includes other products which fall outside the scope 
of this investigation and given that there are no specific import statistics available only 
for  the  product  concerned,  the  Eurostat  data  was  adjusted  in  accordance  with  the 
method suggested in the complaint. This methodology is based on a comparison of the 
import values from the PRC with the Union producer's sales values.  

(24)  However, at provisional stage the import data used corresponded to the calendar years 
whereas the sales volume of the known producers were based on the fiscal years. One 
interested party contested this discrepancy in the period used for the determination of 
consumption and claimed that the imports should also be based on the fiscal years.  

(25)  This  claim  was  considered  to  be  valid  and,  therefore,  Eurostat  data  was  adjusted  to 
correspond  to  the  same  periods,  namely  fiscal  years.  As  a  result,  the  Union 
consumption figures provided in table 1 of the provisional Regulation were amended; 
the new figures being as provided in Table 1 herein: 

Table 1 

Union 
Consumption 

Tonnes 

Index 2005=100 

2005 

2006 

2007 

2008 

403 

100 

396 

98 

430 

107 

396 

98 

IP 

358 

89 

(26)  Overall,  the  Union  consumption  of  molybdenum  wires  decreased  by  11%  over  the 
period considered. The demand decreased slightly by 2% in 2006 and went up in 2007 
by 9% after which it dropped in 2008 and in the IP, in connection with the negative 
impact of the economic crisis.  

4.4. 

Imports into the European Union from the PRC 

4.4.1.  Volumes and market share of the imports from the PRC 

(27)  Following  the  acceptance  of  the  argument  mentioned  in  recital  (25)  above,  the  table 
below  shows  the  revised  total  import  volumes,  market  shares  and  prices  of  Chinese 

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Table 2 

All imports 
from the 
PRC  

Tonnes 

Index 
2005=100 

molybdenum wires into the Union market during the period considered. It is noted that 
this revision did not affect the import volumes from the country concerned in the IP.  

2005 

2006 

2007 

2008 

IP 

42 

100 

56 

133 

136 

87 

207 

194 

100 

238 

243 

97 

231 

261 

Market share  

100 

Index 
2005=100 

Prices 
(EUR/tonne) 

Index 

53 202 

62 198 

56 046 

51 512 

50 892 

100 

117 

105 

97 

96 

Source: Eurostat and complaint data 

(28)  The revised figures in Table 2 above showed that overall the trends of import volumes 
and market shares from the country concerned presented in the table of recital (36) of 
the  provisional  Regulation  remained  unchanged.  The  dumped  imports  from  the  PRC 
increased significantly from 42 tonnes in 2005 to 100 tonnes in 2008, i.e. more than 
doubled. Following a peak in 2008, these imports decreased during the IP in line with 
the  evolution  of  the  Union  consumption.  Moreover,  the  market  share  of  the  dumped 
imports more than doubled over the period considered.  

(29)  The  revised  figures  concerning  the  average  import  prices,  however,  now  show  a 
declining trend between 2005 and the IP. It was found that over the period considered 
the average import prices from the PRC decreased by 4%.  

4.4.2.  Price undercutting 

(30) 

In the absence of any comments concerning price undercutting, recitals (39) and (40) 
of the provisional Regulation are hereby confirmed. 

4.5. 

Economic situation of the Union industry 

(31) 

It  is  recalled  that,  as  mentioned  in  recital  (41)  of  the  provisional  Regulation,  the 
examination of the impact of the dumped imports on the Union industry included an 
evaluation  of  all  economic  indicators  for  an  assessment  of  the  state  of  the  Union 
industry from March 2005 to the end of the IP. 

(32) 

In  the  absence  of  any  comments  with  regard  to  production,  production  capacity  and 
capacity utilisation, the provisional conclusions as outlined in recitals (41) to (43) of 
the provisional Regulation are hereby confirmed. 

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(33)  Subsequent to the provisional Regulation and following the minor revision made to the 
Union consumption in Table 1 above, the market share of the Union industry has been 
revised  as  follows,  while  the  sales  volume  and  average  sales  prices  remained 
unchanged: 

Table 3 

Sales volume in 
the Union 
market Index 

2005 

100 

2006 

2007 

99 

92 

2008 

75 

Market share  

100 

101 

86 

Index  

Average sales 
prices Index 

100 

86 

96 

76 

95 

IP 

68 

77 

92 

(34)  As  mentioned  in  recital  (45)  of  the  provisional  Regulation,  the  sales  volume  of  the 
Union industry to independent customers on the Union market decreased significantly 
by 32% over the period considered. This decrease significantly exceeded the decrease 
in  consumption  which  as  shown  in  table  2  above  decreased  by11%  over  the  same 
period.  This  resulted  in  a  significant  drop  of  23%  in  the  market  share  of  the  Union 
industry in the same period. 

(35) 

In  the  absence  of  any  comments  with  regard  to  the  development  of  the  sales  prices, 
stocks,  employment,  the  financial  performance  indicators  of  the  Union  industry,  the 
provisional  conclusions  as  outlined  in  recitals  (46)  to  (57)  of  the  provisional 
Regulation are hereby confirmed. 

(36)  The conclusion that the Union industry suffered material injury, as set out in recitals 

(58) to (61) of the provisional Regulation, is also confirmed.  

5. 

CAUSALITY 

5.1. 

Effect of the dumped imports  

(37) 

(38) 

In accordance with Articles 3(6) and 3(7) of the basic Regulation, at provisional stage 
it was examined whether the dumped imports of the product concerned originating in 
the  PRC  caused  material  injury  to  the  Union  industry  to  a  degree  that  can  be 
considered as material. 

It  is  recalled  that  the  deterioration  in  the  economic  situation  of  the  Union  industry 
coincided  with  the  surge  of  the  dumped  imports  from  the  PRC.  Subsequent  to  the 
provisional  measures  and  following  the  revisions  to  the  import  figures  originating 
from the PRC as provided in recital (25) above, the imported volume and the market 
share of the Chinese exporters more then doubled between 2005 and IP.  

(39)  As a result of the revisions the import prices of the dumped imports decreased over the 
period  considered  by  4%  while  remaining  constantly  below  the  prices  of  the  Union 
industry,  undercutting  them  by  30  to  35%  during  the  IP.  Consequently,  the  Union 

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industry  was  facing  price  pressure  by  the  Chinese  exporters  on  a  continued  basis  in 
order to remain competitive on the Union market.  

(40)  One  interested  party  contested  the  existence  of  a  causal  link  between  the  dumped 
imports from the PRC and the material injury suffered by the Union industry. It argued 
that  there  is  no  correlation  between  the  financial  performance  of  the  Union  industry 
and the surge of dumped imports. It stressed that while the imports from the PRC had 
increased  significantly  in  2007  in  relation  to  the  earlier  periods,  the  Union  industry 
moved from a loss making to a profitable situation in that year. 

(41) 

In this respect it is firstly noted that, between 2005 and the IP, while the imports more 
than doubled, the sales volume of the Union industry decreased significantly by 32% 
leading to a loss of market share by 33% during the same period. At the same time all 
the  other  injury  indicators,  such  as  production,  capacity  utilisation,  investments, 
profitability  and  cash  flow  showed  significant  declining  trends  during  that  period. 
Secondly, the investigation showed that the weak performance of the Union industry 
was  linked  to  the  lowering  of  prices  in  its  attempt  to  gain  back  the  important 
customers  lost  to  the  Chinese  exporters.  As  regards  2007,  the  Union  industry 
continued its attempts to win back its customers by rationalisation efforts in order to 
keep the cost prices low and to be competitive with the low priced dumped imports. 
Accordingly, it is considered that the conclusions made in recitals (63) to (66) of the 
provisional Regulation are valid and therefore this claim had to be rejected. 

(42)  Following the above, it can be confirmed that the surge of low-priced dumped imports 
from  the  PRC  had  a  considerable  negative  impact  on  the  economic  situation  of  the 
Union industry during the IP. 

5.2. 

Effect of other factors 

(43) 

It is recalled that other factors were also examined in the causality analysis, namely the 
development of the demand, the evolution of the costs of the Union industry, its export 
performance and finally the possible impact of the imports from other countries.  

(44)  One  interested  party  claimed  that  the  material  injury  suffered  by  the  Union  industry 
was caused by factors other than the dumped imports, namely by i) the contraction of 
demand due to the economic crisis and due to changes in technology, and ii) the export 
performance of the Union industry.  

(45)  As regards the decrease in consumption it is noted that the sales volumes of the Union 
industry decreased considerably more (-32%) than the decrease in Union consumption 
(-11%), leading to market share loss of 33%. At the same time, the market share of the 
Chinese  exporters  increased  significantly  by  more  than  two  times.  Therefore,  it  is 
considered that the conclusion made in recital (69) of the provisional Regulation can 
be confirmed and therefore this claim had to be rejected. 

(46)  As  regards  the  export  performance,  there  was  indeed  a  declining  trend  in  the  export 
sales  of  the  Union  industry  for  reasons  provided  in  recital  (72)  of  the  provisional 
Regulation (i.e. in line with the negative worldwide situation in the automotive sector 
as from 2008). The investigation showed, however, that the export sales was not the 
core  business  of  the  Union  industry  as  these  sales  never  exceeded  17%  of  its  Union 
sales during the period considered. More importantly, however, in addition to recitals 
(71) and (72) of the provisional Regulation it is noted that its sales prices in the export 

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market remained above the sales prices within the Union. Hence, any negative impact 
caused  by  the  decrease  in  export  sale  volume  is  considered  to  be  very  limited. 
Therefore, this claim had to be rejected. 

(47) 

In the light of the foregoing and in the absence of any other comments recitals (67) to 
(80) of the provisional Regulation are confirmed.  

6. 

UNION INTEREST 

6.1. 

Interest of the Union industry 

(48) 

In the absence of any comments with regard to the interest of the Union industry, the 
provisional  conclusions  as  outlined  in  recitals  (83)  to  (86)  of  the  provisional 
Regulation are hereby confirmed. 

6.2. 

Interest of importers, traders and users in the Union 

(49) 

It is recalled that despite the fact that numerous parties were contacted, the level of co-
operation with the investigation at the provisional stage of importers, traders and users 
was very low. . It is recalled that only one trader, located in Germany, and one user, 
located in Italy, had cooperated fully at provisional stage.  

(50)  The cooperating user argued that the negative impact of the anti-dumping measures on 
its  business  has  been  underestimated  in  the  analysis  of  the  Union  interest  made  at 
provisional stage, and claimed that in fact it would have difficulties in passing on the 
cost increase to its customers. 

(51) 

It is recalled that the share of the business regarding the product concerned in this user 
activity accounts for between 15 to 25% of its total business activity. Further analysis 
made  after  the  imposition  of  provisional  measures  confirmed  that  the  impact  on  the 
overall profit of the company would be limited. This user has a strong position in the 
business segment involving the product concerned, in particular in terms of reliability 
and supply security towards its customers. This element would indicate that this user is 
likely to be able to pass at least part of the cost increase to its customers. On that basis, 
the claim had to be rejected.  

(52)  Subsequent  to  the  publication  of  the  provisional  Regulation,  two  users  and  one 
importer came forward and claimed that their activity will be negatively impacted by 
the imposition of the anti-dumping duty.  

(53)  According to the data submitted by one of these two users, the business segment that 
includes molybdenum wire represents between 10 to 20% of its total activity. On the 
basis of the elements provided, there are indications that, while the imposition of the 
anti-dumping  duty  is  likely  to  have  a  negative  impact  on  the  part  of  the  activity 
incorporating  molybdenum  wire,  this  user  would  still  remain  profitable.  As  for  the 
other user, no data was provided that would substantiate its claim. 

(54)  Regarding the importer, it is noted that it only provided overall basic data according to 
which it appeared that the imports of molybdenum wire from the PRC would account 
for between 10 and 20% of the total imports from the PRC during the IP. In terms of 
the share of the molybdenum business in relation to the total company business - this 
would account for less than 7%. Based on the information available it could, therefore, 

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be concluded that while anti-dumping measures would have a negative impact on the 
business  segment  including  molybdenum  wire,  the  overall  impact  on  the  total 
company business would be limited. 

(55) 

In view of the above and in absence of any other comments, recitals (93) to (96) of the 
findings and conclusion of the provisional Regulation are hereby confirmed.  

6.3. 

Competition and trade distorting effects  

(56)  Subsequent  to  the  publication  of  the  provisional  Regulation,  some  parties  came 
forward and argued that the anti-dumping measures would lead to limited competition 
in the Union market. 

(57)  As regards this claim, it should be reiterated that since the anti-dumping duties would 
re-establish a level playing field, the Chinese imports would likely continue entering 
the  Union  market,  albeit  at  non-injurious  prices.  In  addition,  it  is  recalled  that  some 
alternative  sources  of  supply  exist.  No  substantiated  evidence  invalidating  this 
conclusion was provided and therefore the conclusions made in recitals (97) to (99) of 
the provisional Regulation are hereby confirmed.  

6.4. 

Conclusion on Union interest  

(58)  Based  on  the  above,  it  is  confirmed  that  there  are  no  compelling  reasons  against  the 
imposition of anti-dumping duties against imports of molybdenum wire originating in 
the PRC in the present case. 

7. 

DEFINITIVE ANTI-DUMPING MEASURES 

7.1. 

Injury elimination level 

(59) 

In  the  absence  of  any  substantiated  comments  that  would  alter  the  conclusion 
regarding  the  injury  elimination  level,  recitals  (101)  to  (104)  of  the  provisional 
Regulation are hereby confirmed. 

7.2. 

Definitive measures 

(60) 

In  the  light  of  the  foregoing  and  in  accordance  with  Article  9(4)  of  the  basic 
Regulation, a definitive anti-dumping duty should be imposed at a level sufficient to 
eliminate  the  injury  caused  by  the  dumped  imports  without  exceeding  the  dumping 
margin found. In this case, the duty rate should accordingly be set at the level of the 
injury margin found, i.e. 64,3%. 

(61)  All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 
which it was intended to recommend the imposition of definitive anti-dumping duties. 
They  were  also  granted  a  period  within  which  they  could  make  representations 
subsequent  to  this  disclosure.  The  comments  submitted  by  the  parties  were  duly 
considered, and, where appropriate, the findings have been modified accordingly. 

7.3. 

Undertakings 

(62)  The co-operating Chinese exporting producer expressed its willingness to offer a price 

undertaking in accordance with Article 8(1) of the basic Regulation. 

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(63)  However,  this  company  was  not  granted  either  MET  or  IT,  and  it  is,  in  general,  the 
Commission’s practice not to accept undertakings in such a case, since no individual 
determination  of  the  duty  margin  could  be  established.  On  this  basis,  price 
undertakings could not be considered further. 

7.4. 

Definitive collection of provisional duty 

(64) 

In view of the magnitude of the dumping margins found and in the light of the level of 
the  injury  caused  to  the  Union  industry,  it  is  considered  necessary  that  the  amounts 
secured  by  way  of  the  provisional  anti-dumping  duty,  imposed  by  the  provisional 
Regulation be definitively collected. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

A definitive anti-dumping duty is hereby imposed on imports of molybdenum wire, 
containing by weight at least 99,95% of molybdenum, of which the maximum cross-
sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the 
People's Republic of China, currently falling within CN code ex 8102 96 00 (TARIC 
code 8102 96 00 10). 

The  rate  of  the  definitive  anti-dumping  duty  applicable  to  the  net,  free-at-Union-
frontier price, before duty, of the product described in paragraph 1 shall be 64,3%. 

Unless  otherwise  specified,  the  provisions  in  force  concerning  customs  duties  shall 
apply.  

Article 2 

Amounts  secured  by  way  of  provisional  anti-dumping  duties  pursuant  to  Commission 
Regulation (EC) No 1247/2009 on imports of molybdenum wire, containing by weight at least 
99,95% of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm 
but does not exceed 4,0 mm, currently falling within CN code ex 8102 96 00 (TARIC code 
8102  96  00  10),  and  originating  in  the  People's  Republic  of  China  shall  be  definitively 
collected.  

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

Article 3 

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

Done at Brussels, 

For the Council 
The President 

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