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( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .

( 2 ) OJ NO L 42 , 14 . 2 . 1981 , P . 14 .

COMMISSION REGULATION ( EEC ) NO 1321/81

OF 15 MAY 1981

AMENDING REGULATION ( EEC ) NO 384/81 IMPOSING A PROVISIONAL ANTI-DUMPING DUTY ON STYRENE MONOMER ORIGINATING IN THE UNITED STATES OF AMERICA

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLES 11 AND 14 THEREOF ,

AFTER CONSULTATIONS WITHIN THE ADVISORY COMMITTEE SET UP UNDER REGULATION ( EEC ) NO 3017/79 ,

WHEREAS THE COMMISSION , BY REGULATION ( EEC ) NO 384/81 ( 2 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY OF 4 % ON IMPORTS OF STYRENE MONOMER ORIGINATING IN THE UNITED STATES OF AMERICA , WITH THE EXCEPTION OF STYRENE EXPORTED BY :

- BORG WARNER CHEMICALS ,

- COSDEN OIL AND CHEMICAL COMPANY ,

- COSDEN INTERNATIONAL SALES COMPANY ,

- MONSANTO INTERNATIONAL SALES COMPANY ;

WHEREAS THE COMMISSION SUBSEQUENTLY CARRIED OUT INSPECTIONS AT THE PREMISES OF CERTAIN ADDITIONAL US FIRMS , NAMELY : AMOCO CHEMICALS CORPORATION , CHICAGO , SHELL CHEMICAL COMPANY , HOUSTON AND SUN PETROLEUM PRODUCTS COMPANY , PHILADELPHIA ; WHEREAS TWO OTHER US FIRMS , ARCO POLYMERS AND OXIRANE , ELECTED NOT TO PROVIDE THE INFORMATION SOUGHT BY THE COMMISSION , OR TO PERMIT AN INVESTIGATION TO BE CARRIED OUT AT THEIR PREMISES ; WHEREAS THE COMMISSION HAS ALSO CARRIED OUT INSPECTIONS AT THE PREMISES OF THE REMAINING COMPLAINANT COMMUNITY PRODUCERS , NAMELY : CDF CHIMIE EP , PARIS , CHEMISCHE WERKE HUELS , MARL RECKLINGHAUSEN , AND MONTEDISON SPA , MILAN ;

WHEREAS THE EVIDENCE OBTAINED DURING THESE SUBSEQUENT INSPECTIONS HAS ENABLED THE COMMISSION TO EXAMINE THE SITUATION IN THE THIRD QUARTER OF 1980 ;

WHEREAS A MAJOR PART OF US EXPORTS OF STYRENE MONOMER IN THE THIRD QUARTER OF 1980 CONSISTED OF MATERIAL SOLD BY AMOCO , SHELL AND SUN ; WHEREAS , HOWEVER , THE MAJORITY OF THESE SALES WERE MADE TO TRADERS ON A FOB US GULF COAST BASIS WITHOUT THE SELLER ' S KNOWING WHETHER THE MATERIAL WAS DESTINED FOR THE COMMUNITY OR FOR OTHER EXPORT MARKETS ; WHEREAS , IN THE ABSENCE OF OTHER INFORMATION , THE PRICES FOR THESE SALES HAVE TO BE TAKEN AS REPRESENTATIVE OF EXPORT PRICES TO THE COMMUNITY IN THAT PERIOD ;

WHEREAS THE COMMISSION USED AS NORMAL VALUE DOMESTIC PRICES ON THE US MARKET , CALCULATED AS THE WEIGHTED AVERAGE UNIT SALES REVENUE EX-FACTORY FOR SALES TO UNRELATED US CONSUMERS ; WHEREAS , WHERE A GIVEN FIRM HAD NO DOMESTIC SALES FOR A PARTICULAR PERIOD , THE COMMISSION USED THE OVERALL WEIGHTED AVERAGE UNIT SALES REVENUE FOR THOSE FIRMS FOR WHICH INFORMATION ON DOMESTIC SALES PRICES WAS AVAILABLE ;

WHEREAS SHELL CHEMICAL COMPANY REQUESTED A DOWNWARD ADJUSTMENT OF THE NORMAL VALUE TO TAKE ACCOUNT OF DIFFERENCES IN CONDITIONS AND TERMS OF SALE , AND UNDERTOOK TO SUBMIT FULL SUPPORTING DOCUMENTATION ; WHEREAS , SINCE THIS SUPPORTING DOCUMENTATION HAS NOT YET BEEN RECEIVED THE COMMISSION IS NOT AT PRESENT IN A POSITION TO GRANT THIS ADJUSTMENT ;

WHEREAS THE MARGIN OF DUMPING WAS ESTABLISHED BY COMPARING MONTH BY MONTH FOR EACH COMPANY THE WEIGHTED AVERAGE EXPORT PRICE FOB US GULF COAST WITH THE NORMAL VALUE ; WHEREAS THIS SHOWED THAT THERE WAS A WEIGHTED AVERAGE DUMPING MARGIN IN THE THIRD QUARTER OF 1980 EQUAL TO 15.95 % OF THE FOB EXPORT PRICE , OR 14.8 % OF THE PRICE FREE COMMUNITY FRONTIER ;

WHEREAS , WITH REGARD TO THE INJURY CAUSED BY THE DUMPED IMPORTS TO THE COMMUNITY INDUSTRY , THE COMMISSION HAS UPDATED THE RELEVANT DATA AS FAR AS POSSIBLE TO INCLUDE THE THIRD QUARTER OF 1980 ;

WHEREAS IMPORTS OF STYRENE FROM THE USA STOOD AT 18 276 TONNES IN THE THIRD QUARTER , COMPARED WITH A TOTAL OF 51 826 TONNES IN THE FIRST TWO QUARTERS ; WHEREAS , HOWEVER , OWING TO A DECLINE IN CONSUMPTION OF STYRENE ON THE NON-CAPTIVE MARKET IN THE COMMUNITY , THE SHARE HELD BY US EXPORTS IS ESTIMATED TO HAVE RISEN TO 27.4 % IN THE THIRD QUARTER COMPARED WITH 23.6 % FOR THE FIRST SIX MONTHS OF 1980 AT THE EXPENSE OF COMMUNITY STYRENE PRODUCERS ;

WHEREAS THE AVERAGE CIF VALUE OF IMPORTED US STYRENE WAS 14.1 % LOWER IN THE THIRD QUARTER OF 1980 THAN IN THE SECOND QUARTER ; WHEREAS CONSEQUENTLY THE COMMISSION CONCLUDES , IN THE ABSENCE AT PRESENT OF MORE COMPLETE DATA , THAT THE EXTENT TO WHICH THE PRICE OF IMPORTED US STYRENE UNDERCUT THE PRICES OF COMMUNITY PRODUCERS CAN ONLY HAVE INCREASED SINCE THE SECOND QUARTER OF 1980 , WHEN THE WEIGHTED AVERAGE MARGIN OF PRICE UNDERCUTTING WAS 14 % ;

WHEREAS IN THESE CIRCUMSTANCES IT IS APPARENT THAT , IN THE LIGHT OF THE REVIEW WHICH THE COMMISSION HAS CONDUCTED , THE PROVISIONAL ANTIDUMPING DUTY ON IMPORTS OF STYRENE MONOMER ORIGINATING IN THE UNITED STATES OF AMERICA SHOULD BE INCREASED , HAVING REGARD TO THE EXTENT OF INJURY CAUSED , TO A LEVEL OF 14.8 % ;

WHEREAS , FOR THE REASONS INDICATED IN REGULATION ( EEC ) NO 384/81 EXPORTS OF STYRENE TO THE COMMUNITY BY THE FOLLOWING FIRMS SHOULD FOR THE PRESENT CONTINUE TO BE EXCLUDED FROM THE APPLICATION OF THE ABOVE PROVISIONAL DUTY :

- BORG WARNER CHEMICALS ,

- COSDEN OIL AND CHEMICAL COMPANY ,

- COSDEN INTERNATIONAL SALES COMPANY ,

- MONSANTO INTERNATIONAL SALES COMPANY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 1 , PARAGRAPH 3 , OF REGULATION ( EEC ) NO 384/81 IS HEREBY REPLACED BY THE FOLLOWING :

' 3 . THIS DUTY SHALL BE EQUAL TO 14.8 % OF THE PRICE FREE AT COMMUNITY FRONTIER . '

ARTICLE 2

WITHOUT PREJUDICE TO ARTICLE 7 ( 4 ) ( B ) AND ( C ) OF REGULATION ( EEC ) NO 3017/79 , THE PARTIES CONCERNED MAY MAKE KNOWN THEIR VIEWS , AND APPLY TO BE HEARD ORALLY BY THE COMMISSION , WITHIN 10 DAYS OF THE ENTRY INTO FORCE OF THIS REGULATION .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 15 MAY 1981 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT