25. 5. 95 Official Journal of the European Communities No L 118/7 COUNCIL REGULATION (EC) No 1171/95 of 22 May 1995 amending Regulation (EC) No 3359/93 imposing amended anti-dumping measures on imports of ferro-silicon originating in Russia, Kazakhstan, Ukraine, Iceland, Norway, Sweden, Venezuela and Brazil THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean [Economic Community ('), and in particular Article 14 thereof, Having regard to the proposal submitted by the Commis- sion after consultations within the Advisory Committee, Whereas : A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 3359/93 (%), the Council imposed an anti-dumping duty of 25 % on imports of ferro-silicon falling within CN codes 7202 21 10, 7202 21 90 and ex 7202 29 00 originating in Brazil, with the exception of imports from five exporters specifically mentioned which were subject to a lesser rate of duty. : (2 In that Regulation, the Council noted that the . Commission would be prepared, as always, to carry out a review in the case of those companies which did not export during the investigation period, are not related to companies which did export during that period and which now intend to start expor- ting to the Community (so-called newcomers). B. REVIEW REQUEST 3% The Commission received an application for a review of the measures currently in force from a Brazilian company, Libra Ligas do Brazil claiming that it satisfied the criteria mentioned under recital @) (4  This company provided, on request, evidence of the facts alleged which was considered sufficient to justify the initiation of a review in accordance with Articles 7 and 14 of Regulation (EEC) No 2423/88 (hereinafter referred to as the basic Regulation). By a notice published on 17 June 1994 (%) the Commission, after consultation within the Advisory Committee, initiated a review of Regulation (EC) No 3359/93 with regard to the company concerned and commenced its investigation. () OJ No L 209. 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94, (O] No L 66, 10. 3. 1994, p. 10). (3 O] No L 302, 9. 12. 1993, p. 1. () OJ No C 165, 17. 6. 1994, p. 13. © ) ® ®) Subsequently, another Brazilian company, named Nova Era Silicon SA, made itself known to the Commission and requested to be included in the investigation in accordance with the provisions of the abovementioned notice of initiation. Since this company was able to submit evidence that it had not exported the products concerned to the Community during the period of investigation but that it had the firm intention of doing so and was not related to or associated with any of the com- panies subject to the anti-dumping duty, the Commission decided to include it in the investiga- tion. The product under investigation is the same as the one concerned in Regulation (EC) No 3359/93. The investigation period set was from 1 July 1993 to 30 June 1994. C. RESULTS OF THE INVESTIGATION 1. Newcomer qualification The investigation confirmed that the two com- panies, Libra Ligas do Brazil and Nova Era Silicon SA, had never exported ferro-silicon to the Community. The Commission was satisfied that these companies intended to do so in the imme- diate future, as it was shown that potential custo- mers had been contacted. In addition it was found that these two companies had no link; either direct or indirect, with the exporters involved in the previous procedure and for which dumping was found. Accordingly, it is confirmed that the two compa- nies concerned should be considered as ‘new- comers’ and that a partial review of Regulation (EC) No 3359/93 was warranted insofar as these two companies are concerned. 2. Dumping Since the companies involved did not sell any ferro-silicon on the domestic market during the investigation period at prices which permitted reco- very of all costs, normal value was determined for each company on the basis of the constructed value of the product concerned in accordance with Article 2(3)(b) of the basic Regulation. This constructed value was computed on the basis of all costs, both fixed and variable, in the country of origin, of raw materials and manufacture, plus a reasonable amount for selling, administrative, other general expenses and reasonable profit. Selling, general and administrative expenses were calculated