HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 176/50
EN
Official Journal of the European Union
6.7.2012
COMMISSION REGULATION (EU) No 596/2012
of 5 July 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Implementing Regulation (EU) No 467/2010 on imports of silicon
originating in the People's Republic of China by imports of silicon consigned from Taiwan
whether declared as originating in Taiwan or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
C. EXISTING MEASURES
(5) The
measures
currently
in
force
and
possibly
being
Having regard to the Treaty on the Functioning of the European
circumvented are anti-dumping measures imposed by
Union,
Council Implementing Regulation (EU) No 467/2010 ( 2 )
imposing a definitive anti-dumping duty on imports of
Having regard to Council Regulation (EC) No 1225/2009 of
silicon originating in the People’s Republic of China, as
30 November 2009 on protection against dumped imports
extended to imports of silicon consigned from the
from countries not members of the European Community (
Republic of Korea, whether declared as originating in

1 )
(‘the basic Regulation’) and in particular Articles 13(3) and 14(5)
the Republic of Korea or not, following an expiry
thereof,
review pursuant to Article 11(2) and a partial interim
review pursuant to Article 11(3) of Regulation (EC) No
1225/2009.
After having consulted the Advisory Committee in accordance
with Articles 13(3) and 14(5) of the basic Regulation,
(6) An
anti-circumvention
investigation
concerning
imports
of silicon was also carried out in 2006-2007 which led
Whereas:
to Council Regulation (EC) No 42/2007 ( 3 ) extending the
definitive anti-dumping duty imposed by Regulation (EC)
A.
No 398/2004 on imports of silicon originating in the
REQUEST
People’s Republic of China to imports of silicon
(1) The
European
Commission
('the Commission') has
consigned from the Republic of Korea whether declared
received a request pursuant to Articles 13(3) and 14(5)
as originating in the Republic of Korea or not.
of the basic Regulation to investigate the possible circum
vention of the anti-dumping measures imposed on
D. GROUNDS
imports of silicon originating in the People's Republic
of China and to make imports of silicon consigned
(7) The
request
contains
sufficient prima facie evidence that
from Taiwan, whether declared as originating in Taiwan
the anti-dumping measures on imports of silicon orig
or not, subject to registration.
inating in the People's Republic of China are being
circumvented by means of transhipment via Taiwan.
(2) The
request
was
lodged
on
15
May
2012
by
Euroalliages
(Liaison Committee of the Ferro-Alloy Industry) ('the
(8) The prima facie evidence at the Commission's disposal is
applicant') on behalf of producers representing a major
as follows:
proportion, namely 100 %, of the Union production of
silicon.
(9) There
is
a
significant
change
in
the
pattern
of
trade
involving exports from the People's Republic of China
B. PRODUCT
and Taiwan to the Union which has taken place
following the imposition of measures on the product
(3) The
product
concerned
by
the
possible
circumvention
is
concerned, without sufficient due cause or justification
silicon metal originating in the PRC, currently falling
for such a change other than the imposition of the duty.
within CN code 2804 69 00 (silicon content less than

99,99 % by weight) (‘the product concerned’). Purely by
reason of the current classification set out in the
(10) This
change
appears
to
stem
from
the
transhipment
of
Combined Nomenclature, it should read ‘silicon’. Silicon
silicon originating in the People's Republic of China via
with a higher purity, that is containing by weight not less
Taiwan to the Union.
than 99,99 % of silicon, used mostly in the electronic
semi-conductor industry, falls under a different CN
code and is not covered by this proceeding.
(11) Furthermore,
the
evidence
points
to
the
fact
that
the
remedial effects of the existing anti-dumping measures
on the product concerned are being undermined both
(4)
The product under investigation is the same as that
in terms of quantity and price. Significant volumes of
defined in the previous recital, but consigned from
imports of the product under investigation appear to
Taiwan, whether declared as originating in Taiwan or
have replaced imports of the product concerned. In
not, currently falling within the same CN code as the
addition, there is sufficient evidence that imports of the
product concerned (‘the product under investigation’).
( 2 ) OJ L 131, 29.5.2010, p. 1.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 3 ) OJ L 13, 19.1.2007, p. 1.

---

EN
6.7.2012 Official
Journal
of
the
European
Union L
176/51
product under investigation are made at prices well
(c) Exemption of registration of imports or measures
below the non-injurious price established in the investi
gation that led to the existing measures, adjusted for the
(19) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
increase in the costs of the raw material.
imports of the product under investigation may be
exempted from registration or measures if the
importation does not constitute circumvention.
(12) Finally, the Commission has sufficient prima facie
evidence that the prices of the product under investi
gation are dumped in relation to the normal value
(20) Since
the
possible
circumvention
takes
place
outside
the
previously established for the product concerned,
Union, exemptions may be granted, in accordance with
adjusted for the increase in the costs of the raw material.
Article 13(4) of the basic Regulation, to producers of
silicon in Taiwan that can show that they are not
related ( 1 ) to any producer subject to the measures ( 2 )
(13) Should
circumvention
practices
via
Taiwan
covered
by
and that are found not to be engaged in circumvention
Article 13 of the basic Regulation, other than trans
practices as defined in Articles 13(1) and 13(2) of the
hipment, be identified in the course of the investigation,
basic Regulation. Producers wishing to obtain an
the investigation may also cover these practices.
exemption should submit a request duly supported by
evidence within the time-limit indicated in Article 3(3)
of this Regulation.
E. PROCEDURE
(14) In light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an
F. REGISTRATION
investigation pursuant to Article 13 of the basic Regu
lation and to make imports of the product under inves
(21) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
tigation, whether declared as originating in Taiwan or
of the product under investigation should be made
not, subject to registration, in accordance with
subject to registration in order to ensure that, should
Article 14(5) of the basic Regulation.
the investigation result in findings of circumvention,
anti-dumping duties of an appropriate amount can be
levied from the date on which registration of such
imports consigned from Taiwan was imposed.
(a) Questionnaires
(15) In
order
to
obtain
the
information
it
deems
necessary
for
its investigation, the Commission will send question
G. TIME-LIMITS
naires to the known exporters/producers and to the
known associations of exporters/producers in Taiwan,
(22) In the interest of sound administration, time-limits
to the known exporters/producers and to the known
should be stated within which:
associations of exporters/producers in the People's
Republic of China, to the known importers and to the
known associations of importers in the Union and to the
authorities of the People's Republic of China and Taiwan.
— interested parties may make themselves known to the
Information, as appropriate, may also be sought from the
Commission, present their views in writing and
Union industry.
submit questionnaire replies or any other information
to be taken into account during the investigation,
(16) In
any
event,
all
interested
parties
should
contact
the
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
Commission forthwith, but not later than the time-limit
2454/93 concerning the implementation of the Community
Customs Code, persons shall be deemed to be related only if: (a)
set in Article 3 of this Regulation, and request a ques
they are officers or directors of one another's businesses; (b) they are
tionnaire within the time-limit set in Article 3(1) of this
legally recognized partners in business; (c) they are employer and
Regulation, given that the time-limit set in Article 3(2) of
employee; (d) any person directly or indirectly owns, controls or
this Regulation applies to all interested parties.
holds 5 % or more of the outstanding voting stock or shares of
both of them; (e) one of them directly or indirectly controls the
other; (f) both of them are directly or indirectly controlled by a third
person; (g) together they directly or indirectly control a third person;
(17) The authorities of the People's Republic of China and
or (h) they are members of the same family. Persons shall be deemed
Taiwan will be notified of the initiation of the investi
to be members of the same family only if they stand in any of the
gation.
following relationships to one another: (i) husband and wife, (ii)
parent and child, (iii) brother and sister (whether by whole or half
blood), (iv) grandparent and grandchild, (v) uncle or aunt and
nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-
(b) Collection of information and holding of hearings
law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993,
p. 1). In this context 'person' means any natural or legal person.
(18) All
interested
parties
are
hereby
invited
to
make
their
( 2 ) However, even if producers are related in the aforementioned sense
views known in writing and to provide supporting
to companies subject to the measures in place on imports orig
evidence. Furthermore, the Commission may hear
inating in the People’s Republic of China (the original anti-
interested parties, provided that they make a request in
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
writing and show that there are particular reasons why
original measures was established or used to circumvent the original
they should be heard.
measures.

---

L 176/52
EN
Official Journal of the European Union
6.7.2012
— producers in Taiwan may request exemption from
(30) A
request
for
a
hearing
with
the
Hearing
Officer
should
registration of imports or measures,
be made in writing and should specify the reasons for the
request. The Hearing Officer will also provide oppor
tunities for a hearing involving parties to take place
— interested parties may make a written request to be
which would allow different views to be presented and
heard by the Commission.
rebuttal arguments offered.
(23) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
(31) For
further
information
and
contact
details
interested
on the party's making itself known within the time-limits
parties may consult the Hearing Officer's web pages on
indicated in Article 3 of this Regulation.
the Directorate-General for Trade's website: http://ec.
europa.eu/trade/tackling-unfair-trade/hearing-officer/
index_en.htm.
H. NON-COOPERATION
(24) In
cases
in
which
any
interested
party
refuses
access
to
or
HAS ADOPTED THIS REGULATION:
does not provide the necessary information within the
time-limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in
Article 1
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.
An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 1225/2009, in order to determine if
imports into the Union of silicon (silicon content less than
(25) Where
it
is
found
that
any
interested
party
has
supplied
99,99 % by weight) consigned from Taiwan whether declared
false or misleading information, the information shall be
as originating in Taiwan or not, currently falling within CN
disregarded and use may be made of facts available.
code ex 2804 69 00 (TARIC code 2804 69 00 20), are circum
venting the measures imposed by Regulation (EU) No
467/2010.
(26) If
an
interested
party
does
not
cooperate
or
cooperates
only partially and findings are therefore based on the
facts available in accordance with Article 18 of the
Article 2
basic Regulation, the result may be less favourable to
that party than if it had cooperated.
The Customs authorities are hereby directed, pursuant to
Article 13(3) and Article 14(5) of Regulation (EC) No
I. SCHEDULE OF THE INVESTIGATION
1225/2009, to take the appropriate steps to register the
imports into the Union identified in Article 1 of this Regulation.
(27) The investigation will be concluded, pursuant to
Article 13(3) of the basic Regulation, within nine
months of the date of the publication of this Regulation
Registration shall expire nine months following the date of
in the Official Journal of the European Union.
entry into force of this Regulation.
J. PROCESSING OF PERSONAL DATA
The Commission, by regulation, may direct Customs authorities
to cease registration in respect of imports into the Union of
(28) It
is
noted
that
any
personal
data
collected
in
this
inves
products manufactured by producers having applied for an
tigation will be treated in accordance with Regulation
exemption of registration and having been found to fulfil the
(EC) No 45/2001 of the European Parliament and of
conditions for an exemption to be granted.
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
data by the Community institutions and bodies and on
Article 3
the free movement of such data ( 1 ).
1. Questionnaires
must
be
requested
from
the
Commission
within 15 days from publication of this Regulation in the
K. HEARING OFFICER
Official Journal of the European Union.
(29) Interested
parties
may
request
the
intervention
of
the
Hearing Officer of the Directorate-General for Trade.
2. Interested
parties,
if
their
representations
are
to
be
taken
The Hearing Officer acts as an interface between the
into account during the investigation, must make themselves
interested parties and the Commission investigation
known by contacting the Commission, present their views in
services. The Hearing Officer reviews requests for access
writing and submit questionnaire replies or any other
to the file, disputes regarding the confidentiality of docu
information within 37 days from the date of the publication
ments, requests for extension of time limits and requests
of this Regulation in the Official Journal of the European Union,
by third parties to be heard. The Hearing Officer may
unless otherwise specified.
organise a hearing with an individual interested party and
mediate to ensure that the interested parties' rights of
defence are being fully exercised.
3. Producers in Taiwan requesting exemption from regis
tration of imports or measures must submit a request duly
( 1 ) OJ L 8, 12.1.2001, p. 1.
supported by evidence within the same 37-day time-limit.

---

EN
6.7.2012 Official
Journal
of
the
European
Union L
176/53
4. Interested parties may also apply to be heard by the
provided by interested parties on a confidential basis must be
Commission within the same 37-day time-limit.
labelled as 'Limited' ( 1 ) and, in accordance with Article 19(2) of
the basic Regulation, must be accompanied by a non-
5. Interested
parties
are
required
to
make
all
submissions
and confidential version, which must be labelled 'For inspection by
requests in electronic format (non-confidential submissions via
interested parties'.
e-mail, confidential ones on CD-R/DVD), and must indicate the
name, address, e-mail address, telephone and fax numbers.
Commission address for correspondence:
However, any Powers of Attorney, signed certifications, and
any updates thereof, accompanying questionnaire replies must
European Commission
be submitted on paper, i.e. by post or by hand, at the address
Directorate-General for Trade
below. If an interested party cannot provide its submissions and
Directorate H
requests in electronic format, it must immediately inform the
Office: N105 4/92
Commission in compliance with Article 18(2) of the basic
1049 Bruxelles/Brussel
Regulation. For further information concerning correspondence
BELGIQUE/BELGI
with the Commission, interested parties may consult the
Fax +32 229 52372
relevant web page on the website of the Directorate-General
E-mail: trade-silicon-circumvention@ec.europa.eu
for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-
defence.
Article 4
All written submissions, including the information requested in
This Regulation shall enter into force on the day following that
this Regulation, questionnaire replies and correspondence
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) A 'Limited' document is a document which is considered confidential
pursuant to Article 19 of Council Regulation (EC) No 1225/2009
(OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-Dumping
Agreement). It is also a document protected pursuant to Article 4 of
Regulation (EC) No 1049/2001 of the European Parliament and of
the Council (OJ L 145, 31.5.2001, p. 43).

---

Document Outline

• �

---