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COMMISSION RECOMMENDATION No 1230/83/ECSC

of 18 May 1983

imposing a definitive anti-dumping duty on imports of certain sheets and plates, of iron or steel, originating in Brazil

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community,

Having regard to Commission recommendation No 3018/79/ECSC of 21 December 1979 on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community (1), as last amended by recommendation No 3025/82/ECSC (2), and in particular Article 12 thereof,

After consultations within the Advisory Committee as provided for under the above recommendation,

Whereas in May 1982 the Commission received a complaint, lodged by the European Confederation of Iron and Steel Industries (Eurofer) on behalf of almost all Community producers of sheets and plates, of iron or steel, not further worked than hot-rolled, of a thickness of three millimetres or more;

Whereas, since the complaint provided sufficient evidence of dumping in respect of like products originating in Brazil and of material injury resulting therefrom, the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of certain sheets and plates, of iron or steel, originating in Brazil and commenced an investigation of the matter at Community level;

Whereas, since the Brazilian authorities objected to a verification of normal value at the premises of the Brazilian exporters concerned, the Commission, for its preliminary determination of dumping, compared the Brazilian export prices of the products under consideration, adjusted to a cif-Community-frontier level, duty-paid, with the effective prices (basic + extras) published by it for products of like quality and dimensions during the period covered by the investigation; whereas, on this basis, a weighted-average dumping margin of 24,3 % was established; whereas, in addition, the Commission carried out an injury investigation and concluded that the dumped imports originating in Brazil were causing material injury to a Community industry; whereas, under these circumstances and since the interests of the Community called for immediate intervention, the Commission, by recommendation No 376/83/ECSC (4), imposed a provisional anti-dumping duty on imports of the products under consideration originating in Brazil;

Whereas a time limit was set within which the parties concerned could, following the imposition of the provisional duty, make their views known and apply to be heard orally by the Commission; whereas none of the parties concerned availed itself of this opportunity;

Whereas, in the course of the subsequent examination, no new evidence concerning dumping or injury has been made available to the Commission which would call into question the conclusions reached in the preliminary investigation;

Whereas, in these circumstances, the Commission finally determines that the dumped imports originating in Brazil have been causing material injury to a Community industry and that further injury would have been caused if provisional action had not been taken;

Whereas, in the difficult situation experienced by the Community steel industry, the interests of the Community call for the imposition of a definitive anti-dumping duty, the rate of which should be equal to the rate of the provisional duty, and for the definitive collection of the amounts secured by way of provisional duty,

MAKES THE FOLLOWING RECOMMENDATION:

Article 1

1. A definitive anti-dumping duty is hereby imposed on sheets and plates, of iron or steel, not further worked than hot-rolled, of a thickness of three millimetres or more, falling within subheading 73.13 B I ex a) of the Common Customs Tariff (NIMEXE codes 73.13-17, 19, 21 and 23) and originating in Brazil.

2. The amount of the duty shall be 72,20 ECU per 1 000 kilograms net.

3. The duty shall, however, be reduced to the extent to which the importer establishes, to the satisfaction of the competent national authorities, that the quality of these products is inferior to the lowest quality described in the last publication of basic prices by the Commission.

4. The provisions in force concerning customs duties shall apply for the application of the duty.

Article 2

The amounts secured by way of provisional anti-dumping duty pursuant to recommendation No 376/83/ECSC shall be definitively collected.

Article 3

This recommendation shall enter into force on the day following its publication in the Official Journal of the European Communities.

Done at Brussels, 18 May 1983.

For the Commission

Edgar PISANI

Member of the Commission

(1) OJ No L 339, 31. 12. 1979, p. 15.

(2) OJ No L 317, 13. 11. 1982, p. 17.

(3) OJ No C 197, 31. 7. 1982, p. 3.

(4) OJ No L 45, 17. 2. 1983, p. 14.