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Council Regulation (EC) No 2229/2003 of 22 December 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of silicon originating Russia
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THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the basic Regulation), and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
1. Procedure
GE Bayer Silicones, Leverkusen, Germany,
Raffinera Metalli Capra SpA, Brescia, Italy,
Vedani Carlo Metalli SpA, Milan, Italy.
2. Product concerned and like product
3. Dumping
Company | Dumping margin |
---|---|
OJSC ‘Bratsk Aluminium Plant’ (RUSAL Group) | 23,6 % |
SKU LLC, Sual Kremny-Ural and ZAO Kremny (SUAL Group) | 24,8 % |
Russia | 24,8 % |
4. Injury
5. Causation
Community industry sales to chemical customers | |||||
Source: Community industry. | |||||
1998 | 1999 | 2000 | 2001 | IP | |
---|---|---|---|---|---|
Tonnes | 48 907 | 59 924 | 74 880 | 74 435 | 69 652 |
Index | 100 | 123 | 153 | 152 | 142 |
EUR per tonne | 1 488 | 1 313 | 1 287 | 1 316 | 1 301 |
Index | 100 | 88 | 86 | 88 | 87 |
6. Community interest
7. Definitive measures
HAS ADOPTED THIS REGULATION:
1.A definitive anti-dumping duty is hereby imposed on imports of silicon with a silicon content less than 99,99 % by weight, falling within CN code 2804 69 00, originating in Russia.
2.The rate of the definitive anti-dumping duty applicable for the product produced by the companies named below and originating in Russia shall be as follows:
Companies | Rate of duty(%) | TARIC additional code |
---|---|---|
OJSC Bratsk Aluminium Plant, Bratsk, Irkutsk Region, Russia | 23,6% | A464 |
SKU LLC, Sual-Kremny-Ural, Kamensk, Ural Region, Russia, and ZAO KREMNY, Irkutsk, Irkutsk Region, Russia | 22,7% | A465 |
All other companies | 23,6% | A999 |
3.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
1. Imports declared for release into free circulation by companies which offered undertakings accepted by and named in Commission Decision 2004/445/EC (5) shall be exempt from the anti-dumping duties imposed by Article 1; provided that they are produced, shipped and invoiced directly by the said companies to the first independent customer in the Community; and provided that such imports are accompanied by a commercial invoice containing at least the elements listed in the Annex and by a certificate declaring the chemical analysis of each grade of the product concerned specified on the commercial invoice.
2. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the commercial invoice and to the chemical analysis certificate.]
Textual Amendments
The amounts secured by way of provisional anti-dumping duties pursuant to Commission Regulation (EC) No 1235/2003 on imports of silicon with a silicon content less than 99,99 % by weight, falling within CN code 2804 69 00, originating in Russia shall be definitively collected in accordance with the rules set out below.
The amounts secured in excess of the definitive rate of anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.
Textual Amendments
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
Textual Amendments
This Regulation shall be binding in its entirety and directly applicable in all Member States.
The following elements shall be indicated in the commercial invoice accompanying sales of silicon to the Community, which are subject to the Undertaking:
the heading ‘ COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING ’ ;
the name of the company mentioned in Article 2(1) issuing the commercial invoice;
the commercial invoice number;
the date of issue of the commercial invoice;
the TARIC additional code under which the goods on the invoice are to be customs cleared at the Community frontier;
the exact description of the goods, including:
the product code number (PCN),
the description of the goods corresponding to the PCN,
the company product code number (CPC),
the CN code,
the quantity (in tonnes);
the description of the terms of sale, including:
the price per tonne,
the applicable payment terms,
the applicable delivery terms,
total discounts and rebates;
[X1the name of the company acting as an importer to which the invoice is issued directly by the company;
the name of the official of the company that has issued the commercial invoice and the following signed declaration:
‘I, the undersigned, certify that the sale for direct export by [company name] to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [company name], and accepted by the European Commission through [Decision ....]. I declare that the information provided in this invoice is complete and correct.’ ] ]
Editorial Information
X1 Substituted by Corrigendum to Council Regulation (EC) No 821/2004 of 26 April 2004 amending Regulation (EC) No 2229/2003 imposing a definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of silicon originating in Russia (Official Journal of the European Union L 127 of 29 April 2004).
OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).
Council Regulation (EC) No 2496/97 of 11 December 1997 imposing a definitive anti-dumping duty on imports of metal originating in the People's Republic of China (OJ L 345, 16.12.1997, p. 1).
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