CELEX: 31987R3650
Language: en
Date: 1987-12-03 00:00:00
Title: Council Regulation (EEC) No 3650/87 of 3 December 1987 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in Brazil

5. 12. 87                              Official Journal of the European Communities                              No L 343/ 1
                                                              I
                                            (Acts whose publication is obligatory)
                                      COUNCIL REGULATION (EEC) No 3650/87
                                                    of 3 December 1987
                 imposing a definitive anti -dumping duty on imports of ferro-silicon originating
                                                          in Brazil
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                secured by way of a provisional duty. They were
                                                                        granted a period within which they could make
Having regard to the Treaty establishing the European                   representations and their comments were taken
Economic Community,                                                     into consideration .
Having regard to Council Regulation (EEC) No 2176/84
of 23 July 1984 on protection against dumped or subsi­                                      C. Dumping
dized imports from countries not members of the Euro­
pean Economic Community ('), as amended by Regula­                (4)   No fresh evidence regarding dumping has been
tion (EEC) No 1761 /87 (2), and in particular Article 12                submitted. The conclusion reached at the pro­
thereof,                                                                visional stage is therefore confirmed.
Having regard to the proposal submitted by the Commis­
sion after consultations within the Advisory Committee as                                     D. Injury
provided for under the above Regulation,
                                                                  (5)   As mentioned in point 2 one hitherto unknown
Whereas :                                                               importer of ferro-silicon made itself known to the
                                                                        Commission. This importer claimed to have
                                                                        purchased ferro-silicon from a Brazilian manufac­
                      A. Provisional action                             turer which did not cooperate in the proceeding. If
                                                                        the information given by this importer orally —
(1 )   The Commission, by Regulation (EEC) No                           although not verifiable — were correct the imports
       2409/87 (3), imposed a provisional anti-dumping                  from Brazil were somewhat higher than those
       duty on imports of ferro-silicon originating in                  provisionally established and, as a result, the market
       Brazil .                                                         share held by these imports was in excess of that
                                                                        given in point 1 1 of Regulation (EEC) No 2409/87.
                                                                        No fresh evidence regarding the other injury
                   B. Subsequent procedure                              elements referred to in points 10, 11 and 12 of that
                                                                        Regulation has been submitted. The conclusions
(2)    Following the imposition of the provisional duty                 reached at the provisional stage are therefore
       the Association of Brazilian Ferro-alloys Manufac­               confirmed. It is therefore definitively concluded
       turers (ABRAFA) and one importer which had                       that dumped imports of ferro-silicon originating in
       hitherto not cooperated in the investigation                     Brazil, taken in isolation, have to be considered as
       requested, and were granted an opportunity to be                 causing material injury to the Community industry.
       heard by the Commission. The Commission
       informed them in detail of the facts on which it           (6)   The Brazilian exporter referred to in the second
       had based its provisional findings. They also made               subparagraph of point 3 of Regulation (EEC) No
       written submissions making known their views on                  2409/87 has now revealed that it did not, after all,
       the findings.                                                    make export shipments to the Community and
                                                                        should therefore not be referred to as not having
(3)    The parties were also informed of the essential facts            cooperated.
       and considerations on the basis of which it was
       intended to recommend the imposition of a defini­
       tive duty and the definitive collection of amounts                            E. Community interest
                                                                  (7)   No arguments other than those dealt with in point
(') OJ No L 201 , 30. 7. 1984, p. 1 .
0 OJ No L 167, 26. 6. 1987, p. 9.                                       13 of Regulation (EEC) No 2409/87 were made.
(j OJ No L 219, 8. 8. 1987, p. 24.                                      The conclusions drawn therein are endorsed.
 ---pagebreak--- No L 343/2                            Official Journal of the European Communities                             5. 12. 87
                         F. Undertaking                         73.02 C of the Common Customs Tariff, corresponding to
                                                                NIMEXE code 73:02-30, originating in Brazil.
(8)   The Brazilian industry's association, ABRAFA,
      offered an undertaking concerning exports of
      ferro-silicon by its members to the Community.            2.    The amount of the duty shall be 59 ECU per tonne,
                                                                net.
      After consultations, this undertaking was not con­
      sidered acceptable by the Commission. The associ­         3.    The duty shall not apply to products manufactured
      ation was informed of the reasons therefor.
                                                                and exported by Companhia Brasileira Carbureto de
                                                                Calcio CBCC SA., Italmagnesio SA., and Electrometalur
      G. Definitive      collection    of   the   amounts       SA Industria e Comercio.
      secured by way of provisional duty ; impo­
                  sition of a definitive duty                   4. The provisions in force concerning customs duties
(9)   No arguments other than those dealt with in point         shall apply.
      14 of Regulation (EEC) No 2409/87 were made.
      The conclusions drawn therein are endorsed. In
      view of this, a definitive anti-dumping duty should                               Article 2
      be imposed on imports of ferro-silicon originating
      in Brazil and the amount secured by way of the            The amounts secured by way of provisional anti-dumping
      provisional anti-dumping duty imposed by Regu­            duty under Regulation (EEC) No 2409/87 shall be defini­
      lation (EEC) No 2409/87 should be collected,              tively collected.
HAS ADOPTED THIS REGULATION :
                                                                                        Article 3
                          Article 1
                                                                This Regulation shall enter into force on the day of its
 1 . A definitive anti-dumping duty is hereby imposed           publication in the Official Journal of the European
on imports of ferro-silicon falling within subheading            Communities:
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 3 December 1987.
                                                                            For the Council
                                                                             The President
                                                                           C. CHRISTENSEN