24. 1. 96 Official Journal of the European Communities No L 18/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 92/9%6 of 22 January 199 amending Regulation (EC) No 2413/95 imposing a definitive anti-dumping duty on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and South Africa THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Commu- nity ('), and in particular Articles 8, 9 and 10 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee, Whereas : O] @ A. BACKGROUND In the context of the anti-dumping proceeding concerning imports of ferro-silico-manganese ori- ginating in Russia, Georgia, Ukraine, Brazil and South Africa, the Commission, by Decision 94/418/EC (9, accepted an undertaking from, inter alia, the South African producer, Highveld Steel and Vanadium Corporation Limited. The Council, by Regulation (EC) No 2413/95 (), imposed a definitive anti-dumping duty on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and South Africa and excluded, inter alia, Highveld Steel and Vanadium Corpora- tion Limited from the application of the duty on the basis of the undertaking accepted by the Commission. Since the investigation was concluded by definitive measures adopted by the Council pursuant to Article 12 of Regulation (EEC) No 2423/88 (*) (the former basic Anti-dumping . Regulation) the proceeding is now governed by Regulation (EC) No 3283/94 (the new basic Anti- (") OJ No L 349, 31. 12. 1994; }) 1. Regulation as last amended 9 by Regulation (EC) No 1251 1 5(0J No L 122, 2. 6. 1995, p. () OJ No L 248, 14. 10. 1995, p. 56. () OJ No L 248, 14. 10. 1995, p. 1. (¥ OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by &) (6) dumping Regulation) pursuant to Article 23 of that Regulation. B. WITHDRAWAL OF UNDERTAKING Highveld Steel and Vanadium Corporation Limited has, by correspondence received by the Commis- sion almost concurrently with the adoption by the Council of Regulation (EC) No 2413/95, withdrawn its undertaking. C. DEFINITIVE DUTY Pursuant to Article 8 (9) of Regulation (EC) No 3283/94, in case of withdrawal of an under- taking, a definitive duty shall be imposed in ac- cordance with Article 9, on the basis of the facts established by the investigation that led to the undertaking provided that such investigation was concluded with a final determination as to dumping and injury. The investigation that led to the acceptance, by Decision 95/418/EC, of an undertaking from High- veld Steel and Vanadium Corporation Limited was concluded with a final determination, by the Council, of injurious dumping, as far as imports of the product produced by this company are concerned. In view of the withdrawal of the under- taking, such imports should therefore be subject to a definitive duty. Specifically, the dumping margin finally estab- lished for Highveld Steel and Vanadium Corpora- tion Limited was 453 % of the net, free-at- Community frontier prices, before duty. Since the dumping margin was lower than the injury threshold found, the duty should be set at a level Regulation (EC) No 3283/94 (O] No L 349, 31. 12. 1994, p. 1) in turn amended by Regulation (EC) No 1251/95 (O] No L 122, 2. 6. 1995, p. 1). that eliminates the dumping, in accordance with Article 9 (4) of Regulation (EC) No 3283/94.