Regulation 2007/42 - Extension of the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon from China to imports of silicon consigned from Korea whether declared as from Korea or not - Main contents
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Council Regulation (EC) No 42/2007 of 15 January 2007 extending the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2007/42 |
| Original proposal | COM(2006)826  |
| CELEX number i | 32007R0042 |
| Document | 15-01-2007 |
|---|---|
| Publication in Official Journal | 13-12-2008; OJ L 13, 19.1.2007,Special edition in Croatian: Chapter 11 Volume 056,OJ L 335M , 13.12.2008 |
| Effect | 20-01-2007; Entry into force Date pub. + 1 VART 4 |
| End of validity | 05-03-2009; See 32004R0398 |
19.1.2007 |
EN |
Official Journal of the European Union |
L 13/1 |
COUNCIL REGULATION (EC) No 42/2007
of 15 January 2007
extending the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not
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 13 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Existing measures
(1) |
By Regulation (EEC) No 2200/90 (2), the Council imposed definitive anti-dumping measures in the form of a fixed duty per tonne of silicon originating in the People’s Republic of China (China) imported into the Community. |
(2) |
Shortly thereafter, following a request lodged by the Community industry, the Council, by Regulation (EEC) No 1607/92 (3), concluded that the anti-dumping measures in force had been absorbed by Chinese exporters and imposed an additional duty on imports of silicon originating in China. |
(3) |
In 1997, both expiry and interim reviews were initiated. These reviews were concluded by Council Regulation (EC) No 2496/97 (4). As a result of these reviews, measures were maintained but it was considered more appropriate to change the form of the measures from a fixed duty to an ad valorem duty. The duty rate amounted to 49 % of the cif price of the imports in question. In accordance with the lesser duty rule, this rate corresponded to the injury margin. |
(4) |
Following an expiry review, the Council concluded by Regulation (EC) No 398/2004 (5) that the anti-dumping duty should be maintained. |
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2.Request
(5) |
On 6 March 2006, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of silicon, classifiable within CN code 2804 69 00 (silicon content less than 99,99 % by weight) originating in China. The request was submitted by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) (the applicant) on behalf of producers representing a major proportion, namely 100 %, of the Community production of silicon. The request alleged that the anti-dumping measures in force on imports of silicon originating in China were being circumvented by means of transhipment via the Republic of Korea (Korea). |
(6) |
The request further alleged that there was insufficient due cause or justification other than the imposition of anti-dumping measures for such change in the pattern of trade and that the remedial effects of the existing anti-dumping measures were being undermined both in terms of quantity and price. Significant volumes of imports of silicon from Korea appeared to have replaced imports of silicon from China. In addition, there was sufficient evidence that these imports were made at prices below the cost of production and reasonable profit established for the Community industry in the investigation that led to the existing measures. |
(7) |
Finally, the applicants alleged that the prices of silicon consigned from Korea were dumped in relation to the normal value previously established for silicon originating in China. |
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3.Initiation
(8) |
Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation... |
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