{
  "url": "https://openlegislation.uk/eu-decision-2009-453/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2009-453/introduction.json",
  "legislation": "eudn/2009/453",
  "legislation_title": "Commission Decision of 11 June 2009 terminating the anti-dumping proceeding concerning on imports of sodium metal originating in the United States of America (2009/453/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-453",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 11 June 2009\nterminating the anti-dumping proceeding concerning on imports of sodium metal originating in the United States of America\n(2009/453/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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,\nAfter consulting the Advisory Committee,\nWhereas:\n1.\nPROCEDURE\n1.1.\nInitiation of the proceeding\n(1)\nOn 23 July 2008, the Commission announced by a notice published in the Official Journal of the European Union (notice of initiation), the initiation of an anti-dumping 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-subsidy investigation concerning imports of the same product originating in the USA. This investigation has been terminated by means of Commission Decision 2009/452/EC.\n1.2.\nParties concerned and verification visits\n(4)\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(5)\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(6)\nThe Commission sought and verified all information it deemed necessary for the determination of dumping, resulting injury and Community interest and carried out verifications at the premises of the following companies:\nCommunity producer:\nMétaux Spéciaux (MSSA SAS), Saint-Marcel, France.\nExporting producer in the USA:\nE.I. DuPont De Nemours and Company, Wilmington, Delaware.\nRelated trader in Switzerland:\nDuPont De Nemours International SA, Geneva.\nCommunity users:\nRohm and Haas Europe SARL, Morges, Switzerland,\nEvonik Degussa GmbH, Frankfurt, Germany.\n1.3.\nInvestigation period and period considered\n(7)\nThe investigation of dumping 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(8)\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(9)\nIn accordance with Article 9(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(10)\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(11)\nThe Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of sodium, in bulk, originating in the USA should be terminated without the imposition of anti-dumping measures,\nHAS DECIDED AS FOLLOWS:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 56, 6.3.1996, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ C 186, 23.7.2008, p. 32."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ C 186, 23.7.2008, p. 35."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "See page 74 of this Official Journal."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/453/introduction",
    "retrieved_at": "2026-11-01T15:16:28.613083+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."
}