CELEX: 51995PC0748
Language: en
Date: 1996-01-12
Title: Proposal for a COUNCIL REGULATION (EC) amending regulation (EC) nr 2413/95 imposing a definitive antidumping duty on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                   Brussels, 12.01.1996
                                                   COM(95)748 final
                                    Proposal for a
                          ÇQVNCH REFLATION (EC)
amending Regulation (EC) N° 2413/95 imposing a definitive anti-dumping duty
on imports of feiro-sitico-manganese originating in Russia, Ukraine, Brazil and
                                    South Africa
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            Explanatory Memorandum
1. The Council, by Regulation (EC) N° 2413/95 of 6 October 1995, imposed a
definitive anti-dumping duty on imports of ferro-silico-manganese originating in
Russia, Ukraine, Brazil and South Africa. This Regulation excludes from the
application of the duty, inter alia, imports of the product produced by the South
African producer, Highveld Steel and Vanadium Corporation Limited, on the basis
of an undertaking accepted by the Commission (Commission Decision 95/418/EC
of 26 July 1995).
2. Highveld Steel and Vanadium Corporation Limited has, however, in the
meantime, withdrawn its undertaking. Under these circumstances, a definitive duty
based on the facts established by the investigation that led to the undertaking
should be imposed on imports of the product produced by this company, in
conformity with Article 8(9) of Regulation (EC) N° 3283/94.
3. On the basis of the investigation findings, the amount of the duty should be set
as the difference between the minimum import price of ECU 492 per metric tonne
of product and the net free-at-Community frontier price, before duty, in all cases
where the net free-at-Community frontier price, before duty, per metric tonne
product is less than the minimum import price.
4. The duty should apply with retroactive effect to the date on which registration
of the imports in question was introduced by the Commission, pursuant to Articles
10(5) and 14(5) of Regulation (EC) N° 3283/94.
5. It is therefore proposed that the Council adopts the proposal for a Regulation
amending Regulation (EC) N° 2413/95 by imposing a definitive anti-dumping
duty on imports of ferro-silico-manganese produced by Highveld Steel and
Vanadium Corporation Limited.
                                           £
 ---pagebreak---                               COUNCIL REGULATION (EC) N°...
                                      u i •••••••«••••••••••
  amending Regulation (EC) N° 2419/95 imposing a definitive anti-dumping duty
  on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and
                                       South Africa
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) N° 3283/94 of 22 December 1994!on
protection against dumped imports from countries not members of the European
Community, as last amended by Regulation (EC) No 1251/952 and j n particular
Article 8,9 and 10 thereof;
Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,
Whereas :
A. Background
(1) In the context of the anti-dumping proceeding concerning imports of ferro-silico-
manganese originating in Russia, Georgia, Ukraine, Brazil and South Africa, the
Commission, by Decision 95/418/EC of 26 July 19953, accepted an undertaking from,
inter alia, the South African producer, Highveld Steel and Vanadium Corporation
Limited.
 ^ . J . h P L 349,31.12.94 p i                     >
2
   OJ.N° L 122,2.6J995 p i                          ^
3
   0 J N° L 248,14.10.1995, pM
 ---pagebreak--- (2) The Council, by Regulation (EC) N° 2413/95 of 6 October 19954, imposed a
definitive anti-dumping duty on imports of ferro-silico-manganese originating in
Russia, Ukraine, Brazil and South Africa and excluded, inter alia, Highveld Steel and
Vanadium Corporation Limited from the application of the duty on the basis of the
undertaking accepted by the Commission. Since the investigation was concluded by
definitive measures adopted by the Council pursuant to Article 12 of Regulation
(EEC) N° 2423/88 (the former basic Anti-dumping Regulation ) the proceeding is
now governed by Regulation (EC) N°3283/94 (the new basic Anti-dumping
Regulation) pursuant to Article 23 of that Regulation.
B. Withdrawal of undertaking
(3) Highveld Steel and Vanadium Corporation Limited has, by correspondence
received by the Commission almost concurrently with the adoption by the Council of
Regulation (EC) N° 2413/95, withdrawn its undertaking.
C. Definitive duty
(4)Pursuant to Article 8(9) of Regulation (EC) N° 3283/95, in case of withdrawal of
an undertaking, a definitive duty shall be.imposed in accordance with Article 9, on
the basis of the facts established by the investigation that led to the undertaking
provided that such investigation was concluded with a final determination as to
dumping and injury.
 4
   O.J.N° L 248, 14.10.1995, p. 1                  ,,
                                                  1
 ---pagebreak--- (5)The investigation that led to the acceptance, by Decision 95/418/EC, of an
undertakingfromHighveld Steel and Vanadium Corporation Limited was concluded
with a final determination, by the Council, of injurious dumping, as far as imports of
the product produced by this company are concerned. In view of the withdrawal of
the undertaking, such imports should therefore be subject to a definitive duty.
(6) Specifically, the dumping margin finally established for Highveld Steel and
Vanadium Corporation Limited was 45.3% of thefree-at-Communityfrontierprices,
before duty. Since the dumping margin was lower than the injury threshold found, the
duty should be set at a level that eliminates the dumpings in conformity with Article
9(4) of Regulation (EC) N° 3283/94.
<7) It is recalled that, in the present proceeding, in view of the price sensitivity of the
market for ferro-silico-manganese and in order to minimize the impact of the
measures on users in the event of possible significant price increases, the Council
considered it appropriate mat the duties be imposed in the form of variable duties
based on a minimum price,free-at-Communityfrontier,before duty. Such minimum
price should be, in the case of imports of ferro-silico-manganese produced by
Highveld Steel and Vanadium Corporation Limited, ECU 492 per metric tonne of
product.
(8) In light of the above, the Council concludes that Regulation (EC) N° 2413/95
should be amended and a definitive duty imposed on imports of ferro-silico-
manganese produced by Highveld Steel and Vanadium Corporation Limited. The
amount of the duty should be the difference between the minimum import price of
ECU 492 per metric tonne product and the netfree-at-Communityfrontierprice,
before duty, in all cases where the net free-at-Communityfrontierprice, before duty,
per metric tonne product is less than the minimum import price.
                                              r
 ---pagebreak--- D. Retroactivity
(9) In the present case, given that in the absence of an undertaking a duty should have
been imposed by Regulation (EC) N° 2413/95 on imports of the product produced by
Highveld Steel and Vanadium Corporation Limited, it is considered appropriate that
the duty apply with retroactive effect. To that end, the Commission, by Regulation
(EC) N° 2698/95, of 22 November 19955, introduced registration with regard to_such
imports, in conformity with Articles 10(5) and 14(5)of Regulation(EC) N°3283/94.
(10) It should be noted that, upon the entry into force of the present Regulation,
registration of the imports in question would serve no further purpose and
Commission Regulation (EC) N° 2698/95. will cease to apply in accordance with
Article 1 of that Regulation.
HAS ADOPTED THIS REGULATION:
                                         Article J
 1. Article 1(5) of Regulation (EC) N° 2413/95 is replaced by the following:
    "5. For the product originating in South Africa (Taric additional code 8818) the
    amount of the anti-dumping duty shall be the difference between the minimum
    import price of ECU 500 per metric tonne product and the net free-at-Community
    frontier price, before duty, in all cases where the net free-at-Community frontier
    price, before duty, per metric tonne product is less than the minimum import price,
    with the exception of imports produced by the following company, which will oe
    subject to the rate of duty mentioned below.
5
  O.J. N°L 280, 23.11.1995, p.20                     *
 ---pagebreak---    For die product produced by Highveld Steel and Vanadium Corporation Limited
   (Taric additional code 8874) the amount of the anti-dumping duty shall be the
   difference between the minimum import price of ECU 492 per metric tonne
   product and the netfree-at-Çommunityfrontierprice, before duty, in all cases
   where the netfree-at-Communityfrontierprice, before duty, per metric tonne
   product is less than me niinimum import price."
                                       Âtâiàle 2
The reference to Highveld Steel &. Vanadium Corporation Limited in Article 1(7) of
RegtifetionpCI ®° WmBS istaehy deleted.
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This Regulation shall enter into force on the day following its publication in the
Official Journal of the European Communities.
It shall apply with effect from the dale of entry into force of Commission Regulation
(EC) N° 2698/95 introducing registration.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,...
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 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(95) 748 final
                                              DOCUMENTS
EN                                                                       02 11
                                    Catalogue number : CB-CO-95-791-EN-C
                                                             ISBN 92-77-99409-6
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