L 183/88 Official Journal of the European Union 20.5.2004 COMMISSION DECISION of 18 May 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating, inter alia, in Ukraine (2004/498[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 of 22 December 1995 on protection against dumped imports from countries not members of the European Community ('), as last amended by Regulation (EC) No 461/2004 (?) (the ‘basic Regu- lation’), and in particular Articles 8, 11(3), 21 and 22(c) thereof, After consulting the Advisory Committee, Whereas: ") ) () () ( 5 A. PROCEDURE 1. Measures in force Pursuant to Regulation (EC) No 1100/2000 () the Council imposed a definitive anti-dumping duty on imports into the Community of silicon carbide (the ‘product concerned’) originating in Ukraine. Pursuant to Regulation (EC) No 991/2004 (%) the Council amended Regulation (EC) No 1100/2000. The rate of the duty applicable to the net, free-at- Community-frontier price, before duty, is set at 24 % for imports of the product concerned originating in Ukraine. 2. Investigation On 20 March 2004 the Commission announced through the publication of a notice in the Official Journal of the European Union (°) the initiation of a partial interim review of the measures in force (the measures) pursuant to Articles 11(3) and 22(c) of the basic Regu- lation. The review was launched at the initiative of the Commission in order to examine whether, as a conse- quence of the enlargement of the European Union on 1 May 2004 (‘enlargement) and, bearing in mind the aspect of Community interest, there is a need to adapt the measures in order to avoid a sudden and excessively negative effect on all interested parties including users, distributors and consumers. 56, 6.3.1996, p. 1. 77, 13.3.2004, p. 12. 182, 18.5.2004, p. 18. 70, 20.3.2004, p. 15. oL o L 0] L 125, 26.5.2000, p. 3. o L 0] C () All interested parties, including the Community industry, associations of producers or users in the Community, exporters/producers in  the countries concerned, importers and their associations and the relevant autho- rities of the countries concerned as well as interested parties in the 10 new Member States which acceded to the European Union on 1 May 2004 (the ‘EU10’) were advised of the initiation of the investigation and were given the opportunity to make their views known in writing, to submit information and to provide supporting evidence within the time-limit set out in the notice of initiation. All interested parties who so requested and showed that there were reasons why they should be heard were granted a hearing. 3. Result of investigation As set out in Regulation (EC) No 991/2004, the investi- gation concluded that it is in the Community interest to adapt the existing measures, provided that such adap- tation does not significantly undermine the desired level of trade defence. 4. Undertaking In accordance with the conclusions of Regulation (EC) No 991/2004, the Commission, in conformity with Article 8(2) of the basic Regulation, suggested under- takings to the company concerned. As a result, under- takings were subsequently offered by one exporting producer of the product concerned in Ukraine (Open Joint Stock Company Zaporozhsky Abrasivny Combinat). It should be noted that, in application of Article 22(c) of the basic Regulation, these undertakings are considered as special measures since, in accordance with the conclusions of Regulation (EC) No 991/2004, they are not directly equivalent to an anti-dumping duty. Nevertheless, in conformity with Regulation (EC) No 991/2004, the undertakings oblige producing exporter to respect the import ceilings and, in order that the undertakings can be monitored, the exporting producer concerned has also agreed broadly to respect their tradi- tional selling patterns to individual customers in the EU10. The exporting producer is also aware that if it is found that these sales patterns change significantly, or that the undertakings become in any way difficult or impossible to monitor, the Commission is entitled to withdraw acceptance of the company’s undertakings resulting in definitive anti-dumping duties being imposed in their place, or it may adjust the level of the ceiling, or it may take other remedial action.