2001/230/EC: Commission Decision of 21 February 2001 terminating the anti-dumping proceeding concerning imports of ferro-silicon originating in Brazil, the People's Republic of China, Kazakhstan, Russia, Ukraine and Venezuela (notified under document number C(2001) 414)

• Published date: 23 March 2001
• Subject Matter: Dumping,Commercial policy
• Official Gazette Publication: Official Journal of the European Communities, L 84, 23 March 2001

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32001D0230

2001/230/EC: Commission Decision of 21 February 2001 terminating the anti-dumping proceeding concerning imports of ferro-silicon originating in Brazil, the People's Republic of China, Kazakhstan, Russia, Ukraine and Venezuela (notified under document number C(2001) 414)

Official Journal L 084 , 23/03/2001 P. 0036 - 0054

Commission Decision

of 21 February 2001

terminating the anti-dumping proceeding concerning imports of ferro-silicon originating in Brazil, the People's Republic of China, Kazakhstan, Russia, Ukraine and Venezuela

(notified under document number C(2001) 414)

(2001/230/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), as last amended by Regulation (EC) No 2238/2000(2), and in particular Articles 9 and 11(2) thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

1. Previous investigations

(1) Anti-dumping measures on imports of ferro-silicon (FeSi) originating in Venezuela have been in force since 1983 and on imports originating in Brazil, Kazakhstan, Russia and the Ukraine since 1987. These measures were added to and extended by the imposition of definitive anti-dumping measures against imports originating in Kazakhstan, Russia, Ukraine, Norway, Iceland, Sweden, Brazil and Venezuela by Council Regulation (EC) No 3359/93 of 2 December 1993 imposing amended anti-dumping measures on imports of ferro-silicon originating in Russia, Kazakhstan, Ukraine, Iceland, Norway, Sweden, Venezuela and Brazil(3). Measures on imports from Iceland, Norway and Sweden were suspended by the application of Council Regulation (EC) No 5/94 of 22 December 1993 on the suspension of anti-dumping measures against EFTA countries from 1 January 1994(4). Measures on imports from Brazil were partially reviewed and, by Council Regulation (EC) No 351/98(5), the duty on two Brazilian exporting producers was reduced to 0 % because of a finding of no dumping.

(2) Definitive anti-dumping measures were also imposed against imports from the People's Republic of China (China) and South Africa by Council Regulation (EC) No 621/94 in March 1994(6).

(3) Definitive anti-dumping duties concerning imports of FeSi originating in Egypt and Poland were imposed by Council Regulation (EEC) No 3642/92(7). These duties lapsed as a result of Commission Decision 1999/426/EC(8), whereby it was concluded that the expiry of these measures was not likely to lead to a recurrence of injury.

2. Request for review

(4) Following the publication of the notice of impending expiry(9) of the anti-dumping measures, the complainant in the original investigation, the Liaison Committee of the Ferro-Alloy Industry (Euroalliages, hereinafter "the applicant"), requested an expiry review of the measures concerning Brazil, China, Kazakhstan, Russia, Ukraine and Venezuela pursuant to Article 11(2) of Regulation (EC) No 384/96 (the basic Regulation).

(5) Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission published a notice of initiation in the Official Journal of the European Communities(10) and commenced the investigation. The investigation lasted more than two years due to difficulties met in gathering certain information (in relation to the large number of countries involved and to the changes of country structure of the Community in 1995) and to the time given to the parties to present their views in relation to the complexity of the analysis of the Community interest.

(6) No request was received to review the measures concerning South Africa and these measures, therefore, expired on 20 March 1999.

3. Investigation

(7) The investigation of dumping covered the period from 1 October 1997 to 30 September 1998 (hereinafter the "investigation period" or "IP"). The examination of injury covered the period from 1994 up to the end of the IP ("analysis period").

(8) The Commission officially advised the applicant Community producers, exporting producers and importers known to be concerned, representatives of the exporting countries concerned, as well as the applicant, of the initiation of the review investigation, and gave interested parties the opportunity to make their views known and to request a hearing within the time limit set in the notice of initiation.

The Commission sent questionnaires to all parties known to be concerned and received replies from Community producers and importers, as well as from exporting producers in the countries concerned.

A number of exporting producers in the countries concerned, as well as Community producers, Community users and one importer made their views known in writing. All parties who so requested within the above time limit, and indicated that there were particular reasons why they should be heard, were granted hearings.

(9) The Commission sought and verified all the information deemed necessary for its investigation, and carried out verifications at the premises of the following companies:

(a) Community producers:

Ferroatlántica SL, Spain,

Pechiney Electrometallurgie, France,

Vargön Alloys AB, Sweden;

(b) importers:

Considar Europe SA, Belgium;

(c) exporting producers:

Brazil

Cia. Ferroligas Minas Gerais (Minasligas),

Cia. de Ferro Ligas da Bahia (Ferbasa) SA,

Italmagnesio Nordeste SA,

Nova Era Silicon SA,

Rima Industrial SA:

Venezuela

Ferroatlántica de Venezuela SA (Ferroven).

(10) All the parties concerned were informed of the essential facts and considerations on the basis of which the conclusions of this review were based. They were also granted a period within which to make representations subsequent to this disclosure. The representations received, within the deadlines, were carefully considered and where deemed appropriate, taken into account for the findings.

B. PRODUCT UNDER CONSIDERATION

1. Product under consideration

(11) The product under consideration by this investigation is the same as that concerned by the original investigation, i.e. FeSi, excluding products containing more than 4 % of magnesium. Production of FeSi takes place in electric arc furnaces by means of reducing quartz using carbon-bearing products. The product is used as a deoxidiser and as an alloying component in the iron and steel industry. FeSi is sold in the form of lumps, grains or powder and exists in various qualities depending on the silicon and the impurity content (i.e. aluminium, carbon, etc.). FeSi with a silicon content of 70 % and higher was considered as high purity, with a silicon content of more than 55 % and less than 70 % as medium purity, and with a silicon content of less than 55 % as low purity FeSi.

(12) It was found that all different forms and qualities of FeSi exported from the countries concerned had the same basic physical and chemical characteristics and essentially the same end-uses. They were therefore considered to form a single product. The product under consideration currently falls within CN codes 72022110, 7202 21 90 and 7202 29 90.

2. Like product

(13) The vast majority of FeSi produced in the Community is high purity, i.e. FeSi with a purity of 75 % or more (FeSi 75). It was established that the FeSi produced and sold in the Brazilian and Venezuelan markets was alike within the meaning of Article 1(4) of the basic Regulation to the FeSi exported from Brazil and Venezuela to the Community as they were identical, or closely similar, in terms of physical and chemical characteristics and end uses. Furthermore, it was found that there were no basic differences in the physical and chemical characteristics and the end-uses of FeSi exported from China, Kazakhstan, Russia and Ukraine to the Community and the product produced and sold in the domestic market of the analogue country referred to in recital 24. Also, there were no differences between FeSi exported from the countries concerned and the product produced and sold by the applicant Community producers in the Community market.

C. CONTINUATION OR RECURRENCE OF DUMPING

1. Methodology

(14) This section explains the general methodology used to establish whether the expiry of the measures currently in force would be likely to lead to a continuation or recurrence of dumping.

General

(15) In the case of the likely continuation of dumping, the Commission investigated the existence of dumping on exports from the countries concerned to the Community during the IP on the grounds that if dumping was taking place, then it was reasonable to consider, in the absence of indications to the contrary, that it would be likely to continue in the future should measures be repealed. These dumping calculations were made irrespective of the fact that for most of the countries under investigation the volume of exports to the Community was small. Nevertheless, it was considered appropriate to examine the general level of dumping on such volumes as this could be used as one indicator of the likelihood of the existence of dumping on larger volumes should the current measures be repealed (see recital 16).

(16) As to the examination of the likely recurrence of dumping, i.e. the likelihood of increased exports at dumped prices should the current measures be repealed, which was necessary where the volumes from the countries concerned were relatively small, the Commission investigated (a) whether future dumping was likely and (b) whether any such dumping would take place in significant quantities. The likelihood of future dumping was assessed in relation to exports from the countries concerned to non-member countries and the question of increased volumes was addressed by examining all relevant market developments, both domestic and export, such as evolution...