Regulation 2005/1659 - Definitive anti-dumping duty on imports of certain magnesia bricks from China - Main contents
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official title
Council Regulation (EC) No 1659/2005 of 6 October 2005 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain magnesia bricks originating in the People’s Republic of ChinaLegal instrument | Regulation |
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Number legal act | Regulation 2005/1659 |
Original proposal | COM(2005)424 ![]() |
CELEX number i | 32005R1659 |
Document | 06-10-2005 |
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Publication in Official Journal | 31-12-2008; OJ L 267, 12.10.2005,Special edition in Romanian: Chapter 11 Volume 043,Special edition in Bulgarian: Chapter 11 Volume 043,Special edition in Croatian: Chapter 11 Volume 131,OJ L 352M , 31.12.2008 |
Effect | 13-10-2005; Entry into force Date pub. + 1 See Art 4 |
End of validity | 13-10-2010; See 31996R0384 Art. 11.2 |
12.10.2005 |
EN |
Official Journal of the European Union |
L 267/1 |
COUNCIL REGULATION (EC) No 1659/2005
of 6 October 2005
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain magnesia bricks originating in the People’s Republic of China
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:
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A.PROCEDURE
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1.Provisional Measures
(1) |
On 13 April 2005, the Commission imposed, by Regulation (EC) No 552/2005 (2) (the provisional Regulation), a provisional anti-dumping duty on imports into the Community of certain magnesia bricks originating in the People’s Republic of China (PRC). |
(2) |
It is recalled that the investigation period of dumping and injury (IP) covered the period from 1 April 2003 to 31 March 2004. The examination of trends relevant for the injury analysis covered the period from 1 January 2001 to the end of the IP (period considered). |
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2.Subsequent procedure
(3) |
Following the imposition of the provisional anti-dumping duty on imports of certain magnesia bricks from the PRC, some interested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. |
(4) |
The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provisional findings were modified accordingly. After the imposition of provisional measures, on-spot verification visits were carried out at the premises of
|
(5) |
The Commission further disclosed all the essential facts and considerations on the basis of which it intended to recommend the imposition of a definitive anti-dumping duty and the definitive collection of amounts secured by way of the provisional duty. The interested parties were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, taken into account for the definitive findings. |
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B.PRODUCT CONCERNED AND LIKE PRODUCT
(6) |
It is recalled that, in recital 12 to the provisional Regulation, the product concerned was defined as chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the PRC (the product concerned), normally declared within CN codes ex 6815 91 00, ex 6815 99 10. It was found in the further course of the investigation that CN code ex 6815 99 90 could also be legally used for imports of the product concerned. |
(7) |
The investigation has shown that the product concerned was also imported under CN codes ex 6815 10 10, ex 6902 10 00 and ex 6903 90 90 (ex 6903 90 20 before 1 January 2004) during the IP. However, CN codes falling within chapter 69, ceramic products, should only be used for fired products and not for the product concerned which is unfired. In addition, CN code 6815 10 10 includes products which are... |
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