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COM (83) 715 
 
 
 
Vol. 1983/0 255 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C O M (83) 715 final 
Brussels, 24 N ovem ber 1983
Proposal for a  
COUNCIL REGULATION (EEC)
imposing a  definitive anti-dumping duty on imports of hardboard 
originating in Czechoslovakia and Poland and definitively 
collecting the amounts secured by w a y  of provisional duty 
certain imports of hardboard originating in S w eden
(submitted to the Council by the Com m ission)
C O M (83) 715 final

E X P L A N A T O R Y  : i .  Y ; L R  A N D U M
'I.  In June 1982 the C om m ission accepted price undertakings concerning 
exports of hardboard to the C om m unity originating in Finland, Sw eden, 
Spain c ,n d  in five Eastern European countries w hich eliminated the 
dum ring margins established in the course of the preceding anti-dumping 
investigation.
2. In July 1983 it w as determined that tw o Swedish exporters (Swedeboard 
and A S S I) and the Polish and Czechoslovakian export organisations had 
exported significant quantities of hardboard to the C om m unity at prices 
below the undertaking level. Consequently, the C om m ission withdrew its 
acceptance of the undertakings concerned and, on 3i August 1983, imposed 
a  provisional anti-dumping duty on imports of hardboard from  these 
suppliers*
3. In the course of the subsequent investigation definitive dum ping margins 
were established for each of the companies on the basis of a  comparison
ot export prices with normal values covering the period October 1982 to 
M arch 1983 during w hich the violation of the undertakings had been round to 
have occurred. These comparisons show ed dum ping margins of 6,13%  for 
ASSI, 3,0b%  tor Swedeboard, 11,33%  for tne Polish and 21,13%  for the 
Czechoslovakian exporter.
4. W ith regard to injury, the C om m ission has noted that there has been n o  
fundamental change in the situation of the C om m unity industry. W hile 
imports from  the countries covered b y  price undertakings have stabilized,
E E C  producers are still suffering from  lo w  capacity utilizatior> reduced profits 
or losses and are exposed to strong price pressure due to those imports. There 
is no indication that, in the absence of protective measures, the d um ped 
imports w ould not again cause material injury to the E E C  industry and the 
continued application of protective measures is therefore considered 
necessary.
b. Swedeboard has offered another price undertaking w hich w ould eliminate 
the dum ping margin. A S S I has stopped producing naroboard and nas sold it$ hard­
board mills to another Swedish manufacturer w h o  has also offered an undertaking. 
The Commission, after consultations within the Advisory Com m ittee set u p  oy 
Regulation (E E C ) N o  3017/79, considers D oth price undertakings acceptable. It is 
not considered necessary, therefore, to im pose definitive duties on imports 
from  these tw o Swedish companies. T he Czechoslovakian export organization 
has also offered an undertaking which, after consultations, the C om m ission 
did not consider acceptable in view  of the seriousness of the violation of 
the undertaking b y  this com pany.
6. U nder these circumstances it is proposed to im pose a  definitive anti­
dum ping duty on imports of hardboard originating in Poland and Czechoslovakia, 
the rate of which should be equal to the dum ping margins definitively 
established, and to collect definitively the amounts secured b y  w a y  of 
provisional duty, including those concerning imports from  Sw eden.

Proposal for a 
COUNCIL REGULATION (EEC)
imposing a definitive anti-dumping duty on imports of hardboard originating 
in Czechoslovakia and Poland and definitively collecting the amounts secured 
by way of provisional duty on certain imports of hardboard originating in 
Sweden
T H E  C O U N C I L  O F  T H E  E U R O P E A N  C O M M U N IT IE S ,
Having regard to the Treaty establishing the European E conom ic C om m unity,
H aving regard to Council Regulation (E E C ) N o  3017/79 of 2 0  D ecem ber 1979 o n
protection against dum ped or subsidized imports from  countries not m em bers
- |of the European E conom ic C om m unity , as am ended b y  Regulation (E E C )
N o  1580/822, and in particular Article 1 2  thereof.
H aving regard to the proposal submitted by the Com m ission after consultations 
within the Advisory Com m ittee as provided for under the above Regulation,
W hereas:
Provisional action
1. After having established that tw o Swedish companies (Swedeboard Vrena A B  
and A B  Statens Skogsindustrier (ASSI))as well as Ligna Foreign Trade 
Corporation, Czechoslovakia, and Paged Foreign Trade Enterprise, Poland had 
exported significant quantities of hardboard to the C om m unity in violation 
of the undertakings previously offered to and accepted b y
the Commission, the Commission, b y  Regulation (E E C ) N o  2444/83 , withdrew 
its acceptance of the price undertakings, re-opened the anti-dumping pro­
ceedings and imposed a  provisional anti-dumping duty on certain imports 
of hardborad originating in Sw eden, Czechoslovakia and Poland.
0 J N o  L  339, 31.12.1979, p. 1. 
20 J N o  L  178, 22.06.1982, p. 9. 
30 J N o  L  241, 31.08.1983, p. 9.

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Subsequent procedures
2. Following the imposition of the provisional anti-dumping duty and within 
the time limit set b y  the Regulation imposing the duty, several importers 
m ad e k n o w n  their views in writing and so m e of them, as well as 
Swedeboard Vrena A B  and Ligna Foreign Trade Corporation, requested and
w ere granted a  hearing.
3. T h e investigation of dum ping covered the period 1  O c to b e r 1 9 8 2  to 3 1  M a r c h  1 9 8 3
Hnring w hich the violation of the undertakings had been found to have occurred.
Dumping
4. in order definitively to determine the margin of dum ping the
C om m ission com pared the export prices of the exporters concerned with normal 
value during the investigation period.
5. Information regarding normal valuefor the tw o Swedish exporters had been 
submitted in and subsequent to the reports of April 1983. In addition, the 
Com m ission carried out an on-the-spot investigation at the premises of Sw edeboard 
Vrena A B . Based o n  this information normal value for both Swedish companies
w as based on constructed value because both companies had sold like products
on the domestic market over an extended period of time and in substantial
quantities at prices which w ere less than all costs ordinarily incurred in
production. Constructed value w as computed by taking each company's
total cost of materials and manufacture, including overheads, and a  margin
for profit determined to be reasonable on the basis of past experience o n  
the S w e d is h  m a rk e t.
6. In order definitively to establish the margin of dum ping for the imports from  
Czechoslovakia and Poland , the C o m m is s io n  h a d  to take a c c o u n t of the fact that
these countries are not market econom y countries. For that reason the 
Com m ission had to base its calculations on the normal value in a  market 
econom y country. In the preceding investigation which had led to the 
acceptance of undertakings offered by Paged and Ligna normal value w as 
established b y  reference to the constructed value of dark-pine hardboard, the 
lowest quality hardboard,produced in Spain. T he reasons which led to the use 
of this Spanish normal value in the preceding investigation and w hich are se^  ou· ) -

- 3  -
in C o r m r is s io n  R eg u la tio n  ( E E C )  M o  1 6 3 3 /8 2  are still valid. T h e  C o m m is s io n  considered, there­
fore, that it w as appropriate again to use this Spanish value in the present 
case. For the purpose of establishing this normal value for the period 
under investigation the Com m ission also carried out an on-the-spot investigation 
at the premises of the sole Spanish producer of the products in question,
Tafisa S A .
7. Export prices of all companies concerned w ere based on the prices paid
or payable for the products sold for export to the C om m unity during the
period under consideration w h ic h  h a d  b e e n  reported b y  all c o m p a n ie s  in A p ril 1 9 8 3  a n d  for 
w h ic h  sufficient d o c u m e n ta ry  ev id en ce h a d  b e e n  su b m itted .
8. In comparing normal value with export prices the C om m ission took account, 
where appropriate, of differences affecting price comparability and in 
particular of commissions paid to agents in the European C om m unity. T h e  
comparisons concerning the Sw edish companies were m ad e at ex-factory level 
while the comparisons relating to the East European exports were m ad e at 
F O B  level.
9. These comparisons sh o w  weighted average dum ping margins for A S S I of 
6.13% , for Swedeboard V rena A B  of 3,05%, for Ligna of 21.13 %  and for Paged 
of 11.33 % .
Injury and C om m unity interest
10. In 1982, after having carried out anti-dumping investigations concerning 
imports of hardboard from  various countries, the C om m ission established that 
dum ped imports of hardboard, including imports from  Sw eden, Poland and 
Czechoslovakia, had caused material injury to the C om m unity industry concerned 
and that protective measures were necessary. Consequently, it accepted the 
undertakings eliminating the dum ping margins which were offered b y  all 
exporters involved. W hile these undertakings have improved the position of 
the C om m unity hardboard industry and imports of hardboard into the C om m unity 
from  the countries concerned have decreased, there has been no fundamental 
change in the situation of the C om m unity industry. It is still characterized
0 J N °  L181,25.06.1982, p. 19.

- 4  -
b y  L o w  capacity utilization, reduced profits or e t f ë n  L o s s e s  a n d  h ig h  im p o rt 
penetration. In addition, the industry is exposed to substantial price 
pressure because the undertaking prices, although eliminating the dum ping 
margins, are still considerably lower than the industry's break-even point.
There is no indication, therefore, that in the absence of protective measures, 
d um ped imports of hardboard w ould not again cause material injury to the 
C om m unity industry.
11. In addition, it is essential to ensure that du m p ed
imports from  the countries under consideration cafihot undermine the stability of 
the pricing structure established b y  the totality of undertakings accepted
in the hardboard sector and to avoid an exporter w h o  has violated his under­
taking being placed in a  m ore favourable position than those exporters w h o  
have fully respected their obligations. Protection of C om m unity interests 
therefore calls for the imposition of a  definitive anti-dumping duty, the 
rate of w hich should be equal to the dum ping margins found, and for the 
definitive collection of the amounts secured b y  w a y  of provisional duty not 
exceeding the am ount of the dum ping margins definitively established.
12. Swedeboard Vrena A B  has offered a  price undertaking, eliminating the 
dum ping margin found, which has been accepted by the Commission. In 
addition, A S S I has ceased producing hardboard and has sold its hardboard mills 
and stocks to another Swedish com pany. It is not appropriate or necessary,
therefore, to im pose a  definitive anti-dumping duty on exports m ad e b y  either 
of these tw o companies. T he Czechoslovakian export organization has also offered 
an undertaking which, after consultations, the Com m ission did not consider 
acceptable in view of the seriousness of the violation of the undertaking b y  
this com pany.
H A S  A D O P T E D  T H IS  R E G U L A T IO N :
Article 1
1. A  definitive anti-dumping duty is hereby imposed o n  imports of fibre 
building board weighing m ore than 0.8 g/cm3  (hardboard), falling within 
heading N o  ex 44.11 of the C o m m o n  Custom s Tariff, corresponding to N I M E X E  
codes 44.11-10 and 20, originating in Czechoslovakia and Poland.
2. T h e rates of the duty shall be based on the customs value determined in 
accordance with Council Regulation (E E C ) N o  1224/80 of 28 M a y  1980 on the 
valuation of goods for customs purposes and are as follows:
0 J N o  L  134, 31.05.1980, p. 1.

- 5  -
- 21.13 X ir the case of hardboard from  Czechoslovakia
- 11.33% in the case of hardboard from  Poland.
3. T h e provisions in force concerning customs duties shall apply for the 
application of the duty.
Article 2
T h e am ounts secured b y  w a y  of provisional duty pursuant to Regulation (E E C )
N o  2444/83 shall be definitively collected at the following rates based o n  
the customs value:
- 11.10%  in the case of hardboard from  Czechoslovakia
- 10.30%  in the case of hardboard from  Poland
- 6.13%  in the case of hardboard exported b y  A B  Statens Skogsindustrier, S w eden
- 3.05%  in the case of hardboard exported by Swedeboard Vrena A B , Sw eden.
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 M e m b e r States.
D o n e at For the Council