24.12.2003 Official Journal of the European Union L 339/3 COUNCIL REGULATION (EC) No 2229/2003 of 22 December 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of silicon originating Russia 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 () (the basic Regulation), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. Procedure 1.1. Provisional measures (1)  The Commission, by Regulation (EC) No 1235/2003 (3 (‘provisional Regulation’), imposed provisional anti- dumping measures on imports of silicon originating in Russia. The measures were expressed as an ad valorem duty, ranging between 24,0 % and 25,2 %. (2)  Itis recalled that the investigation of dumping and injury covered the period from 1 October 2001 to 30 September 2002 (investigation period’ or ‘IP’). The examination of the trends in the context of the investiga- tion of injury analysis covered the period from 1 January 1998 to the end of the IP (‘period under consideration’). 1.2. Other measures in force (3)  Anti-dumping duties at an ad valorem rate of 49 % are currently in force on imports of silicon originating in the People's Republic of China (‘China’) (). A review (%) of these measures pursuant to Article 11(2) of the basic Regulation is ongoing. 1.3. Subsequent procedure (4)  Following the imposition of provisional anti-dumping duties, parties received a disclosure of the facts and considerations on which the provisional Regulation was based. Some parties submitted comments in writing. All interested parties who so requested were granted an opportunity to be heard by the Commission. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 173, 11.7.2003, p. 14. (}) Council Regulation (EC) No 2496/97 of 11 December 1997 imposing a definitive anti-dumping duty on imports of metal origin- ating in the People's Republic of China (O] L 345, 16.12.1997, 1) ) %] C 246, 12.10.2002, p. 9. () (10) All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure. The oral and written comments submitted by the inter- ested parties were considered and, where appropriate, the definitive findings have been changed accordingly. The Commission continued to seek all information it deemed necessary for the purpose of its definitive find- ings. In addition to the verification visits undertaken at the premises of the companies mentioned in recital 7 of the provisional Regulation, it should be noted that after the imposition of provisional measures, an on-spot visit was carried out at the premises of the following Community users: — GE Bayer Silicones, Leverkusen, Germany, — Raffinera Metalli Capra SpA, Brescia, Italy, — Vedani Carlo Metalli SpA, Milan, Italy. 2. Product concerned and like product 2.1. Product concerned 2.1.1. Comments from exporting producers In recital 9 of the provisional Regulation, the product concerned was defined as silicon currently classifiable within CN code 2804 69 00. Some exporters queried whether silica fumes, which is a by-product of silica, obtained by a filtering process during the production of Silicon, is covered by the present proceeding. It should be noted that silica fumes does not correspond to the definition of the product concerned provided in recitals 9 and 10 of the provisional Regulation since it is merely a by-product from the production of silicon taking the form of a powder which is used as an additive to concrete. It is therefore confirmed that this product, covered under CN code ex 2811 22 00, is outside the scope of this proceeding.