20.10.2000 Official Journal of the European Communities L267/17 COUNCIL REGULATION (EC) No 2315/2000 of 17 October 2000 amending Regulation (EC) No 2402/98 imposing a definitive anti-dumping duty on imports of unwrought unalloyed magnesium 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 (') and in particular Article 12 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Original measures In November 1998, by Regulation (EC) No 2402/98 (?) (hereinafter referred to as ‘the Regulation’), the Council imposed a definitive anti-dumping duty on imports of unwrought unalloyed magnesium originating in the People's Republic of China (hereinafter referred to as ‘the PRC). The measure was in the form of either: (a) the difference between the minimum import price of ECU 2 622 per tonne and the cif Community fron- tier price in all cases where the latter is less than the minimum import price, and established on the basis of an invoice issued by an exporter located in the PRC to a party unrelated to it. No duty should be collected where the cif Community frontier price per tonne is equal to or higher than the minimum import price; or (b) equal to an ad valorem duty of 31,7 % in all other cases not falling under subparagraph (a) above. 2. Request for an anti-absorption review On 22 July 1999, the Commission received a request for a review pursuant to Article 12 of Council Regulation (EC) No 384/96 (hereinafter referred to as ‘the basic Regulation’). The request was lodged by the Comité de Liaison des Industries de Ferro-Alliages (Euro Alliages) on behalf of the sole known Community producer of unwrought unalloyed magnesium, Pechiney Electromé- tallurgie, France, alleging that all or part of the anti- (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). () O] L 298, 7.11.1998, p. 1. (4) dumping duty had been absorbed and therefore the anti-dumping measures referred to had led to an insuffi- cient movement or no movement in resale prices or subsequent selling prices in the Community. The request contained prima facie evidence that the resale prices and subsequent selling prices in the Community of the product concerned did not adequately reflect the level of the antidumping measures imposed. In addition to the insufficient movement of resale and subsequent selling prices, the request also argued that most of the imports were made at heavily discounted prices by Community importers related to exporters and thus subject to the ad valorem duty which was insufficient to raise duty-paid prices to a level close to the minimum price. 3. The anti-absorption investigation On 4 September 1999, the Commission announced by a notice published in the Official Journal of the European Communities () the initiation of a review, pursuant to Article 12 of the basic Regulation, of the anti-dumping measures applicable to imports of unwrought unalloyed magnesium originating in the PRC. The Commission officially advised the producers/expor- ters, importers/traders and users/associations known to be concerned, the representatives of the exporting country and the Community producer of the initiation of the review. Interested parties were given the oppor- tunity to make their views known in writing and to request a hearing. All parties who so requested were granted hearings. Questionnaires were sent directly by the Commission to all producers/exporters, users/asso- ciations and importers/traders known to be concerned. Three exporters, two importers, one association of users, and four users belonging to the same group responded to the questionnaire. Written submissions were also received from certain other users and from one steel association. The Commission carried out verification visits at the premises of the following companies: — Deumu Deutsche Erz- und Metallunion GmbH, Germany, — Wogen Resources Ltd, United Kingdom. () O] C 253, 4.9.1999, p. 15.