ARE ADDRESSED, THEY SIMPLY REFER TO THE CONCEPT OF AN UNDERTAKING AS DEFINED IN ARTICLE 80 OF THE TREATY ( CF . FOR EXAMPLE, ARTICLE 2 OF DECISION NO 2/57 OF 26 JANUARY 1957 - JOURNAL OFFICIEL OF 28 JANUARY 1957, PP . 62-57 ).
IT IS CLEAR FROM NOTE 5 TO THE ABOVEMENTIONED ANNEX THAT THE FINISHED PRODUCTS MADE BY THE APPLICANT IN ITS WORKS AT PONT-A-MOUSSON, THAT IS TO SAY IRON CASTINGS, ARE OUTSIDE THE JURISDICTION OF THE TREATY, WHICH THE DEFENDANT DOES NOT DENY .
THEREFORE THE PROBLEM IS CONFINED TO THE QUESTION WHETHER THE APPLICANT IS NEVERTHELESS AN UNDERTAKING WITHIN THE MEANING OF ARTICLE 80 OF THE TREATY, HAVING REGARD TO THE FACT THAT FOR THE PRODUCTION OF THE SAID CASTINGS IT USES MOLTEN PIG IRON WHICH IT PRODUCES IN ITS OWN BLAST FURNACES .
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( A ) IN THIS CONNEXION IT IS APPROPRIATE TO CONSIDER IN THE FIRST PLACE WHETHER THE PIG IRON IN QUESTION IS ONE OF THE PRODUCTS INCLUDED WITHIN THE CONCEPT " FONTE DE FONDERIE ET AUTRES FONTES BRUTES " ( " FOUNDRY AND OTHER PIG IRON " ) UNDER REFERENCE NO 4200 OF ANNEX I .
THE APPLICANT ANSWERS THIS QUESTION IN THE NEGATIVE AND ASSERTS THAT " FONTE BRUTE " ( " PIG IRON " ) IS SOLELY INTENDED TO DESCRIBE SOLID PIG IRON; THE DEFENDANT DOES NOT ACCEPT THIS ASSERTION .
IT IS AN ESTABLISHED FACT THAT THE WORD " BRUT ", BOTH IN ITS ORDINARY MEANING AND MORE PARTICULARLY IN ITS MEANING IN IRON AND STEEL TERMINOLOGY, IS INTENDED TO DENOTE A MATERIAL IN THE CRUDE STATE WHICH HAS NOT, IN OTHER WORDS, YET UNDERGONE ANY TRANSFORMATION .
ALTHOUGH IT IS TRUE THAT THE PROCESS FOR PRODUCING PIG IRON IN A BLAST FURNACE, IN PARTICULAR FROM IRON ORES AND COKE, INVOLVES THE PRIMARY TRANSFORMATION OF THOSE RAW MATERIALS, IT IS EQUALLY TRUE THAT IT IS ONLY AFTER THE COMPLETION OF THAT PROCESS THAT THE MATERIAL COMMONLY KNOWN AS " PIG IRON " APPEARS FOR THE FIRST TIME . PIG IRON IN THE STATE IN WHICH IT LEAVES THE BLAST FURNACE AND AS LONG AS IT HAS NOT UNDERGONE FURTHER TRANSFORMATION OTHER THAN SIMPLE SOLIDIFICATION MUST THEREFORE BE " CRUDE " PIG IRON .
THIS FINDING IS CONFIRMED BY THE FACT THAT IN THE LANGUAGE USED IN THE TRADE " FONTE BRUTE " ( " PIG IRON " ) IS IN PARTICULAR CONTRASTED WITH " FONTE MOULEE " ( " CAST IRON " ), THAT IS TO SAY WITH PIG IRON AS THE MATERIAL OUT OF WHICH THOSE PRODUCTS CALLED " MOULAGES DE FONTE " ( " IRON CASTINGS " ) ARE MADE .
THE FOREGOING SHOWS THAT THE WORD " BRUT " IS INTENDED TO INDICATE A DISTINCTION QUITE DIFFERENT FROM THAT WHICH CAN BE DRAWN BETWEEN MOLTEN AND SOLID MATERIAL . IN THE CASE OF PIG IRON IT INCLUDES THE MATERIAL IN THE STATE IN WHICH IT LEAVES THE BLAST FURNACE, WHETHER IT HAS