
Article 1 

1. A provisional anti-dumping duty is hereby imposed on imports of ferro-silicon falling within CN codes 7202 21 00, 7202 29 10 and 7202 29 90, and originating in the People's Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia.
2. The rate of the provisional anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products manufactured by the companies below shall be:
Country Company AD duty rate ( %) TARIC additional code
People's Republic of China Erdos Xijin Kuangye Co., Ltd, Qipanjing Industry Park, 2,8 A829
Lanzhou Good Land Ferroalloy Factory Co., Ltd Xicha Village 33,7 A830
All other companies 35,5 A999
Egypt The Egyptian Ferroalloys Company, Cairo 20,4 A831
Egyptian Chemical Industries KIMA, Cairo 18,0 A832
All other companies 20,4 A999
Kazakhstan All companies 33,9 
The former Yugoslav Republic of Macedonia Silmak Dooel Export Import, Jegunovce 5,4 A833
All other companies 5,4 A999
Russia Chelyabinsk Electrometallurgical Integrated Plant, Chelyabinsk and Kuznetsk Ferroalloy Works, Novokuznetsk 22,8 A834
Bratsk Ferroalloy Plant, Bratsk 18,8 A835
All other companies 25,5 A999
3. The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 

1. The undertaking offered by Silmak Dooel Export Import is hereby accepted.
2. Imports declared for release into free circulation which are invoiced by Silmak Dooel Export Import, shall be exempt from the provisional anti-dumping duty imposed by Article 1, on condition that:
— they are manufactured, shipped and invoiced directly by the said company to the first independent customer in the Community, and
— such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex of this Regulation, and
— the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
3. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
— whenever it is established, in respect of imports described in paragraph 2, that one or more of the conditions listed in that paragraph are not fulfilled, or
— when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
Article 3 

1. Without prejudice to Article 20 of Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.
2. Pursuant to Article 21(4) of Council Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.
Article 4 

1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
2. Article 1 of this Regulation shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 August 2007.
For the Commission
Peter MANDELSON
Member of the Commission
ANNEX

The following elements shall be indicated in the commercial invoice accompanying the company's sales to the Community of goods which are subject to the undertaking:

1.. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.
2.. The name of the company issuing the commercial invoice.
3.. The commercial invoice number.
4.. The date of issue of the commercial invoice.
5.. The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Community frontier.
6.. The exact description of the goods, including:

— the product code number (PCN) used for the purpose of the undertaking,
— plain language description of the goods corresponding to the PCN concerned,
— the company product code number (CPC),
— TARIC code,
— quantity (to be given in tonnes).
7.. The description of the terms of the sale, including:

— price per tonne,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.
8.. Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.
9.. The name of the official of the company that has issued the commercial invoice and the following signed declaration:
'I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Regulation (EC) No 994/2007. I declare that the information provided in this invoice is complete and correct.'
