{
  "url": "https://openlegislation.uk/eu-decision-2009-452/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2009-452/introduction.json",
  "legislation": "eudn/2009/452",
  "legislation_title": "Commission Decision of 11 June 2009 terminating the anti-subsidy proceeding concerning imports of sodium metal originating in the United States of America (2009/452/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-452",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 11 June 2009\nterminating the anti-subsidy proceeding concerning imports of sodium metal originating in the United States of America\n(2009/452/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Community (‘the basic Regulation’), and in particular Article 14 thereof,\nAfter consulting the Advisory Committee,\nWhereas:\n1.\nPROCEDURE\n1.1.\nInitiation\n(1)\nOn 23 July 2008 the Commission initiated, by a notice published in the Official Journal of the European Union (‘notice of initiation’), an anti-subsidy proceeding concerning imports into the Community of sodium, in bulk, originating in the United States of America (‘USA’), normally declared within CN code ex 2805 11 00 (‘the product concerned’).\n(2)\nThe proceeding was initiated following a complaint lodged on 10 June 2008 by the sole Community producer Métaux Spéciaux (MSSA SAS) (‘the complainant’).\n(3)\nOn 23 July 2008 the Commission initiated an anti-dumping investigation concerning imports of the same product originating in the USA. This investigation has been terminated by means of Commission Decision 2009/453/EC.\n1.2.\nParties concerned and verification visits\n(4)\nPrior to the initiation of the proceeding and in accordance with Article 10(9) of Regulation (EC) No 2026/97, the Commission notified the representatives of the USA that it had received a properly documented complaint alleging that subsidised imports of sodium, in bulk, originating in the USA were causing material injury to the Community industry. The representatives of the USA were invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. The representatives of the USA accepted the offer of consultations and consultations were subsequently held on 11 July 2008. During the consultations, no mutually agreed solution could be arrived at. However, due note was taken of comments made by the representatives of the USA in regard to the allegations contained in the complaint, concerning the countervailability of the alleged subsidy.\n(5)\nThe Commission officially advised the complainant, the sole known exporter/producer in the USA, the importers and users known to be concerned, and the representatives of the USA of the initiation of the proceeding. The interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.\n(6)\nThe Commission sent questionnaires to all parties known to be concerned and received replies from the representatives of the USA, from the sole exporting producer in the USA (‘the cooperating exporting producer’), from the complainant and three Community users.\n(7)\nThe Commission sought and verified all information it deemed necessary for the determination of subsidisation, resulting injury and Community interest.\n(8)\nVerification visits were carried out at the premises of the following representative of the USA:\nNew York Power Authority (NYPA), White Plains, New York.\n(9)\nVerification visits were also carried out at the premises of the following companies:\nCommunity producer:\nMétaux Spéciaux (MSSA SAS), Saint-Marcel, France.\nExporting producer in the USA:\nDuPont Reactive Metals (DuPont), Niagara Falls, New York, and E.I. DuPont De Nemours and Company, Wilmington, Delaware.\nCommunity users:\nRohm and Haas Europe SARL, Morges, Switzerland,\nEvonik Degussa GmbH, Frankfurt, Germany.\n1.3.\nInvestigation period and period considered\n(10)\nThe investigation of subsidisation and injury covered the period from 1 July 2007 to 30 June 2008 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2005 to the end of the investigation period (‘period considered’).\n2.\nWITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING\n(11)\nBy a letter dated 1 April 2009 addressed to the Commission, the complainant formally withdrew its complaint. According to the complainant this withdrawal was prompted by changed circumstances.\n(12)\nIn accordance with Article 14(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn unless such termination would not be in the Community interest.\n(13)\nThe Commission considered that the present proceeding should be terminated since the investigation had not brought to light any consideration showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. However, no comments were received indicating that such termination would not be in the Community interest.\n(14)\nThe Commission therefore concludes that the anti-subsidy proceeding concerning imports into the Community of sodium, in bulk, originating in the USA should be terminated without the imposition of countervailing measures,\nHAS DECIDED AS FOLLOWS:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 288, 21.10.1997, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ C 186, 23.7.2008, p. 35."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ C 186, 23.7.2008, p. 32."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "See page 76 of this Official Journal."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/452/introduction",
    "retrieved_at": "2026-11-01T15:16:28.629271+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}