31987R3650
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 from Brazil were somewhat higher than those 2409/87 (3), imposed a provisional anti-dumping 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. The conclusions drawn therein are endorsed. (j OJ No L 219, 8 . 8 . 1987, p. 24.
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 2. The amount of the duty shall be 59 ECU per tonne, ferro-silicon by its members to the Community. 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 shall apply. (9) No arguments other than those dealt with in point 14 of Regulation (EEC) No 2409/87 were made. The conclusions drawn therein are endorsed. In Article 2 view of this, a definitive anti-dumping duty should 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