CELEX: 51995PC0050
Language: en
Date: 1995-02-28
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 2552/93 imposing a definitive anti-dumping duty on imports of artificial corundum originating in the People's Republic of China, the Russian Federation and Ukraine, with the exception of those imports sold for export to the Community by companies whose undertakings have been accepted

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(95) 50 f i n a l
                                                 Brussels, 28.02.1995
                                   Proposal for a
                              COUNCIL REGULATION (EC)
  amending Regulation (EEC) No 2552/93 imposing a definitive anti-dumping
  duty on imports of artificial corundum originating in the People's Republic of
  China, the Russian Federation and Ukraine, with the exception of those
  imports sold for export to the Community by companies whose undertakings
  have been accepted
                         (presented by the Commission)
 ---pagebreak---                                           Ci,
                                   Explanatory memorandum
                 • • - • - ' • ' •                    i
1. By Decision 91/512/EEC of 25 July 1991 , the Commission accepted an
   undertaking by the Russian exporter V/O Stankoimport given in connection with
   the review of anti-dumping measures concerning imports of artificial corundum.
   On 21 November 1994, Stankoimport informed the Commission services that it
   had decided to withdraw its undertaking, effective as of 1 January 1995.
2. Article 8 (9) of Council Regulation (EC) No 32S3/942 provides that in the case of
   withdrawal of an undertaking, a definitive anti-dumping shall be imposed on the
   basis of the facts regarding dumping and injury established in the original
   investigation. Application of this provision to the current case leads to an anti-
   dumping duty of 9,8 %, which it is thus proposed to impose on the Russian
   exporter V/O Stankoimport. This would be done by deleting the exemption from
   the anti-dumping duty of 9,8 % on imports of artificial corundum from the
   Russian Federation which Stankoimport enjoyed until now.
1
2
   OJ No L275, 2.10.1991, p. 27.
   OJ No L 349, 31.12.1994, p. h
 ---pagebreak---                            COUNCIL REGULATION (EC) No
                                           of
amending Regulation (EEC) No 2552/93 imposing a definitive anti-dumping
duty on imports of artificial corundum originating in the People's Republic of
China, the Russian Federation and Ukraine, with the exception of those
imports sold for export to the Community by companies whose undertakings
have been accepted
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3283/94 on protection against
                                                                          1
dumped imports from cour countries not members of the European Community , and in
particular Article 8 thereof,
Having regard to the proposal from the Commission submitted after consultation
within the Advisory Committee,
Whereas :
                                 A. Previous Measures
                                                      2
(1)     By Decision 91/512/EEC of 25 July 1991 , the Commission accepted
        undertakings given in connection with the review of anti-dumping measures
        concerning imports of artificial corundum originating in the Soviet Union,
1
        OJNoL349,31.12.1994,p. 1.
2
        OJ No L275, 2.10.1991, p. 27.
 ---pagebreak---     Hungary, Poland, Czechoslovakia, the People's Republic of China, and in
    connection with the anti-dumping proceeding concerning imports of artificial
    corundum 'Originating in Brazil and Yugoslavia. By Council Regulation (EEC)
       ' • • ' • • '3 ' . . ' - . " • • '                            ' " ' - • - • ' .
    No 2552/93 , a definitive anti-dumping duty was imposed on imports of
    artificial corundum originating in the People's Republic of China, the Russian
    Federation and Ukraine, with the exception of those imports sold for export
    to the Community by companies whose undertakings had been accepted,
                              B Withdrawal of undertaking
(2) The company V/O Stankoimport, an exporter in the Russian Federation
    which had given an undertaking in the above-mentioned proceeding,
    informed the Commission services, in the context of its regular reporting on
    the implementation of the undertaking, that it had started exporting certain
    types of artificial corundum which it had declared not to export in the
    undertaking. Stankoimport also alleged that it was having difficulty in selling
    for export to the Community certain other types of artificial corundum at the
    prices stipulated in the undertaking, due to changes in market conditions. To
    verify the situation, the Commission services visited the company on 20
    September 1994. On 21 November. 1994, Stankoimport informed the
    Commission services that it had decided to withdraw its undertaking,
    effective as of 1 January 1995:
                                      C. Definitive duty
(3) Paragraph 9 of Article 8 of Regulation (EC) No 3283/94 states that in case of
    withdrawal of an undertaking, a definitive duty shall be imposed oh the basis
    of the facts established within the context of the investigation which led to
    the undertaking, provided that such investigation was concluded with a final
    determination on dumping and injury. The investigation leading to the
    acceptance of Stankoimport's undertaking by Commission                 Decision
    91/512/EEC was concluded with a final determination for the Soviet Union of
    OJ No L235,18.9.1993, p, 1.
 ---pagebreak---                                                   "S
         levels  of   dumping    and  injury  caused  thereby,  together   with   a
         determination that the imposition of anti-dumping measures was in the
         interest of the Community. Had it not been for the acceptance of
         Stankoimport's undertaking, an anti-dumping duty would have been
         imposed of 9,8 %. The same rate was subsequently used in Regulation
         (EEC) No 2552/93 as the duty applicable to exporters from the Russian
         Federation other than Stankoimport. The Council thus considers that the
         exemption in Regulation (EEC) No 2552/93 for Stankoimport from the
         duty of 9,8 % should now be revoked and that, consequently, Regulation
         (EEC) No 2552/93 should be amended so to apply the same duty of
         9,8 % to all exporters from the Russian Federation.
(4)     By Regulation (EC) No 2556/94 4 , the Council already amended paragraph
        5 of Article 1 of Regulation (EEC) No 2552/93 to delete all references to
        the People's Republic of      China and to the six Chinese       exporters
        mentioned in that paragraph, leaving in place only the undertaking given
        by Stankoimport. The replacement of this undertaking by a definitive anti-
        dumping duty can therefore be effected by the deletion of this paragraph.
HAS ADOPTED THIS REGULATION :
                                      Article t
Paragraph 5 of Article 1 of Regulation (EEC) No 2552/93 is hereby deleted.
                                      Article 2
This Regulation shall enter into force on the day following its publication in the
OfficiaJJournaJof   the European   Communities.
        O l No L 27fe.2tvY&tSMt p. 2 * .
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