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Vol. 1983/00 24 
  
 
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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, 
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the open ing 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 
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 19 83 über die Freigabe der historischen Archive der Europäischen  
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COMMISSION OF THE EUROPEAN COMMUNITIES
C0MC83) 67 final
Brussels, 7 February 1983
Proposal for a 
COUNCIL REGULATION (EEC)
imposing a definitive anti-dumping duty on kraftliner paper and board 
originating in the United States of America and accepting undertakings 
given in connection with the review of the anti-dumping proceeding on 
kraftliner paper and board originating in Austria, Canada, Finland, 
Portugal, the Soviet Union and Sweden
(submitted to the Council by the Commission)
C0MC83) 67 final

e e n  C?
EXPLANATORY MEMORANDUM
On 8 September 1978 the Council, by Regulation (EEC) N° 2133/78 imposed a 
definitive anti-dumping duty on imports of kraftliner originating in the 
USA. Undertakings on kraftliner imports from Austria, Canada, Finland, 
Portugal, Sweden and the Soviet Union were also accepted in 1978.
In July 1982 the Groupement Européen des Fabricants de Papiers pour Ondulé 
asked in accordance with Article 14 of Regulation (EEC) N° 3017/79 that the 
duty and undertakings be reviewed on the grounds that there was renewed 
dumping and that the level of the normal value established in the duty and 
undertakings had been largely surpassed. It was also alleged that the EEC 
industry was suffering material injury which was likely to worsen if the 
situation persisted.
The Commission, after consultation, re-opened the procedure and commenced its 
investigation. This investigation showed that there was, in fact, renewed 
dumping with the following margins:
%
Great Northern Paper 8.2
International Paper Co 5.9
St Joe Paper Co 10.0
St Regis Paper Co 9.7
Union Camp Corporation 4.3
Westvaco Corporation 11.3
Weyerhaeuser Company 11 .5
Macmillan Bloedel Ltd 6.5
Kemi, Oy 25.9
Portuce l 12.0
ASSI 9.5
Obbola Linerboard 24.5
SCA 10.0
Nettingsdorfer 2.5
Stone Container 15.5
Certain exporters either did not co-operate in the investigation or did not 
make themselves known to the Commission and for these companies the Commission 
considered it would be a bonus for non-cooperation to determine a dumping 
margin below that found for a cooperating exporter.

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It was also established that the Community producer was suffering renewed 
material injury which was likely to worsen if no action was taken.
It is therefore considered to be in the Community's interest that new floor 
prices related to the normal value in the USA should be set. The 'base' 
price of US$333 per tonne refers to the standard weight of linerboard 
(175 gm) with the current usual upcharges of $20 per tonne for medium weight 
and $35 per tonne for lightweight being applied.
Revised undertakings based on these prices have been submitted concerning 
exports from the other countries concerned. These are also considered to 
be acceptable.
Member States have been informed of these proposals in the Anti-Dumping 
Committee. Germany has expressed some reservations on behalf of consumers 
and will probably request further discussion in the Council.

Proposal for a 
COUNCIL REGULATION (EEC)
imposing a definitive anti-dumping duty on kraftliner paper and 
board originating in the United States of America and accepting 
undertakings given in connection with the review of the anti­
dumping proceeding on kraftliner paper and board originating in 
Austria, Canada, Finland, Portugal, the Soviet Union and Sweden
THE COUNCIL 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 as amended by Regulation 
(EEC) No 1580/822, and in particular Article 12 thereof,
Having egard to the proposal submitted by the Commisison,
After consultations within the Advisory Committee provided for by the said 
Regulati on,
Whereas the Council, by Regulation (EEC) No 2133/783, imposed a definitive 
anti-dumping duty on imports of kraftliner paper and board originating in 
the USA;
Whereas that Regulation was subsequently amended by Regulations(EEC) No 
572/794 and (EEC) No 1283/813 to take account of certain changes in the 
Nimexe codes covered by the duty;
Whereas the amount of the duty corresponded to the difference between the 
normal value (the "fair market price") in the USA as set out in Article 2(2) 
of Regulation (EEC) No 2133/78 and the free-at-frontier Community price, 
duty unpaid, per tonne net to the first purchaser in the customs territory 
of the Community;
10J No L 339, 31.12.1979, p. 1
20J No L 178, 22.06.1982, p. 9
30J No L 247, 09.09.1978, p. 22
40J No L 77, 29.03.1979, p. 1
50J No L 129, 15.05.1981, p. 4

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Whereas the Commission accepted undertakings given in connection with the
anti-dumping proceedings concerning imports of kraftliner paper and board
originating in Austria, Canada, Finland, Portugal, the Soviet Union and 
1Sweden ;
Whereas on 30 July 1982 the Commission received a request from the European 
Association of Papermakers for Corrugating Boxes on behalf of all Community 
producers of kraftliner paper and board and testliner for a review of the duty 
imposed on kraft liner paper and board from the USA and for a review of the undertakings 
given in connection with the anti-dumping proceedings concerning imports 
of kraftliner paper and board originating in Austria, Canada, Finland,
Portugal, the Soviet Union and Sweden, together with evidence that dumping 
was again being practised in respect of these imports and that the EEC 
industry was suffering from renewed material injury;
Whereas,since the said information provided sufficient evidence to justify
a review of the proceedings,the Commission announced by a notice
2published in the Official Journal of the European Communities a review of 
the definitive anti-dumping duty on imports of kraftliner paper and board 
originating in the USA and of the acceptance of undertakings given in 
connection with the anti-dumping proceedings concerning imports of kraft- 
liner paper and board originating in Austria, Canada, Finland, Portugal, 
the Soviet Union and Sweden, and commenced an investigation of the matter 
at Community level;
Whereas the Commission officially so advised the exporters and importers 
known by it to be concerned as well as the representatives of the exporting 
countries and the complainants;
Whereas the Commission has given the parties directly concerned the opportunity 
to make known their views in writing and to be heard; *  2
0J N° C 61, 10.03.1978, p. 2
0J N° C 69, 18.03.1978, p. 2
0J N° C 174, 21.07.1978, p. 2
20J N° C 217, 21.08.1982, p. 2

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Whereas most of the exporters, some importers and several consumers known 
to be concerned took this opportunity to present written and oral observa­
tions; whereas, however, Exportles, the exporting agency in the Soviet Union, 
failed to respond to the Commission's invitation to make known its views, 
as did several brokers and dealers; whereas the largest Canadian exporter 
also failed to respond to the Commission's invitation to co-operate in the 
on-spot investigation of the facts;
Whereas the Commission sought and verified the information it deemed to be 
necessary for the purposes of the review proceeding and carried out investi­
gations at the premises of the following:-
EEC producer: Cellulose du Pin, Facture, France
Exporters: in the United States of America
Great Southern Paper, Dothan, Alabama 
International paper Co, New York, NY 
St Joe Paper Co, Port St Joe, Florida 
St Regis Paper co, New York, NY 
Stone Container Corporation, Chicago, Illinois 
Union Camp Corporation, Wayne, New Jersey 
Westvaco Corporation, New York, NY 
Weyerhaeuser Company, Tacoma, Washington
in Canada
MacMillan Bloedel Ltd, Vancouver (BC) on behalf of 
their US subsidiary at Pinehill, Alabama
in Finland
Kemi Oy, Kemi
in Portugal
Portucel, Lisbon
in Sweden
ASSI, Stockholm
Svenska Cellulosa Aktiebolaget SCA, Pitea

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- Information concerning Obbola Linerboard AB, Obbola, Sweden, was provided 
by the company's owners, Svenska Cellulosa Aktiebolaget SCA, Sweden and 
St Regis Paper Company, USA;
- The Austrian exporter. Nettingsdorfer Papierfabrik, Nettingsdorf, presented 
information at the Commission's offices in Brussels;
- Information concerning exports from the Soviet Union was submitted by the 
principal importers in the European Community;
Whereas the Commission selected the last quarter of 1981 and the first 
three quarters of 1982 as the relevant investigation period;
Whereas for exporters from Austria, Canada, Finland, Portugal, Sweden and 
the USA normal value was determined on the basis of the price actually paid 
in the ordinary course of trade for the like product intended for consumption 
in their respective domestic markets; whereas in those cases where these 
prices varied the normal values were established by reference to weighted average 
and/or prevailing prices; whereas forthe Soviet Union, which is a non-market economy 
country the normal value was determined on the basis of the price at which 
the like product was sold in the USA with adjustments to take account of 
certain differences in roll widths; whereas this method of determining the 
normal value was not disputed by the Soviet exporter or by the Community 
importers;
Whereas in establishing the profitability of domestic sales it was noted that 
most US producers were unable to demonstrate that their most recent sales 
prices were at Levels sufficient to cover all costs; whereas these sales were 
therefore considered as not having been made in the ordinary course of trade 
and were consequently excluded from the calculation of normal value;

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Whereas export prices were determined on the basis of the prices actually 
paid or payable for products exported to the Community during the 
period of investigation;
Whereas/in comparing normal value with export prices, the Commission took
account where appropriate of differences affecting price comparability, such
as differences in transport, insurance, handling, loading and ancillary costs; 
whereas all comparisons were made at an ex-works level;
Whereas the above examination of the facts showed that dumping had generally
commenced in the second quarter of 1982 and had continued throughout the year,
the margins being equal to the amount by which the normal value as established 
exceeded the price for export to the Community;
Whereas these margins vary according to the exporter; whereas the weighted 
average margin from the time that dumping had commenced for each of the 
exporters co-operating in the investigation was as follows:
X
Great Southern Paper 8.2
International Paper Co 5.9
St Joe Paper Co 10.0
St Regis Paper Co 9.7
Union Camp Corporation 4.3
Westvaco Corporation 11 .3
Weyerhaeuser Company 11 .5
Macmillan Bloedel Ltd 6.5
Kemi Oy 25..9
Portucel 12..0
ASSIObbola Linerboard 
SCA9.
•?4
'10.5
.5
.0
Nettingsdorfer Papierfabrik 2.5
- The Stone Container Corporation did not have direct export sales to the 
European Community but sold domestically to a dealer for onward export.
Using these sales as the basis of comparison the dumping margin was calculated 
as 15.5% ;
Whereas those companies who also exported but in less significant amounts than  
those subject to on-spot investigation were informed of the results of the  
Commission's investigation and of its intention to act, and did not dispute  
them;

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Whereas for those exporters who neither replied to the Commission's 
questionnaire nor made themselves known otherwise in the course of the 
review investigation, the dumping margin was determined on the basis of the 
facts available; whereas the Commission considers that the results of its 
investigation provided an accurate basis for determination of the level of 
dumping and that it would constitute a bonus for non co-operation to assume 
that the dumping margin for these exporters was any lower than the highest 
dumping margin of25.9% determined with regard to an exporter who had 
co-operated in the investigation; whereas for these reasons it is considered 
appropriate to use this latter dumping margin for this group of exporters;
Whereas with regard to injury caused by the dumped imports the request for 
review submitted by the European Association of Papermakers for Corrugating 
Boxes alleged that injury was being suffered by Community producers of both 
kraftliner paper and board and testliner; whereas the Commission has 
confined its re-examination of injury to production in the Community of the 
like product, i.e. kraftliner paper and board;
Whereas the evidence available to the Commission shows that imports into 
the Community from the countries concerned have maintained a fairly constant 
market share of approximately 80% since 1979;
Whereas selling prices to the Community from the countries concerned have 
been declining throughout 1982 with a consequent depressing effect; whereas 
this price deterioration has been particularly marked in two Community 
markets, viz. Germany and Italy; whereas Germany and Italy account for 
approximately 90% of the Community producer's sales outside the French 
market; whereas in order to maintain sales in these areas it has been 
necessary for the EEC producer to meet the prices of the dumped 
imports; whereas there is clear evidence that the decline in prices is 
cont i  nui ng;
Whereas the consequent impact on this Community industry has been an inability 
to cover costs on sales to Germany and Italy; whereas in France there is

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also price deterioration which has reduced the Community producer's profit 
to a Level near break-even and which, if allowed to continue, would result 
in losses for the producer;
Whereas the Commission has considered whether injury has been caused by
other factors such as the volume and prices of undumped imports and
stagnation of demand; whereas imports from countries other than those
concerned in this review have considerably declined; whereas consumption
in the Community has not significantly changed from 1981 to 1982; whereas
the prices at which the dumped imports are offered for sale in the Community
have led the Commission to determine that the effects of the dumped imports
of kraftliner paper and board originating in Austria, Canada, Finland,
Portugal, the Soviet Union, Sweden and the USA taken in isolation have to
be considered as causing renewed material injury to the Community industry; 
whereas this injury is likely to increase if no action is taken;
Whereas Community consumers in the Netherlands, Italy, the United Kingdom 
and Germany have argued that the introduction of higher minimum prices for 
kraftliner paper and board would not be in the Community's interest because 
it would have disruptive effects on their processing industries; whereas, 
however, the Fédération Nationale des Transformateurs de Papiers and the Union 
Syndicale Française de Carton Ondulé, France, specifically asked that the 
fact that they did not wish to express any opinion on this matter should 
be brought to the attention of the Commission; whereas if the Community 
producers were to disappear from the market the Community would become 
dependent upon external suppliers of this product; whereas it seems to be 
in the interest of the users to have access to both sources of supply; 
whereas, in view of this and the particularly serious difficulties facing 
the Community industry, the Commission has nevertheless come to the conclusion 
that it is in the Community's interests that action be taken;
Whereas the exporters concerned were informed of the main findings of the 
review and commented on them; whereas revised undertakings were subsequently 
offered covering all relevant exports from Austria, Canada, Finland, Portugal, 
the Soviet Union and Sweden of kraftliner paper and board to the C > .  nmunity;

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whereas the effect of the said undertakings will be to increase export prices 
to the level which the Commission, having examined the Community producer's 
weighted average prices and costs, taking account of their profit situation, 
considers necessary to eliminate injury; whereas these increases in no case 
exceed the dumping margin;
Whereas the Commsision has, therefore, determined that it is not now 
necessary to take protective action in respect of imports of kraftliner 
paper and board originating in Austria, Canada, Finland, Portugal, the 
Soviet Union and Sweden; whereas, in these circumstances, the undertakings 
offered are considered acceptable and the review may, therefore, be 
terminated without imposition of anti-dumping duties on kraftliner paper 
and board from Austria, Canada, Finland, Portugal, the Soviet Union and 
Sweden;
Whereas as regards exports of kraftliner paper and board from the USA the 
Commission has received no new evidence to alter its view that the 
continued application of a duty is necessary for the elimination of injury 
and the prevention of its recurrence; whereas the definitive anti-dumping 
duty imposed by Regulation (EEC) No 2133/78 should now be replaced by a 
new duty based on floor prices derived from the normal value in the USA;
Whereas for these reasons, and for the sake of legislative transparency, 
it is necessary to replace the said Regulation,
HAS ADOPTED THIS REGULATION:

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Article 1
A definitive anti-dumping duty is hereby imposed on unbleached kraftliner paper and 
board falling within Common Customs Tariff subheading ex 48.01 C II and 
correspond!ng to Nimexe codes 48.01-30, 32 and ex 34, originating in the 
United States of America.
The provisions in force for the application of customs duties shall apply 
in respect of this duty.
Article 2
1. The amount of the duty shall correspond to the difference between the 
normal value in the United States of America as set out in paragraph 2 and 
the free-at-frontier Community price, duty unpaid, per tonne net to the 
first purchaser in the customs territory of the Community.
2. For the purpose of this Regulation, the normal values in the United 
States of America, brought up to a CIF Community frontier basis, duty 
unpaid, are as follows:
per tonne
Nominal weight 175 grams or m o re but less than
337 grams per square metre: US$333
Nominal weight 150 grams or more but less than
175 grams per square metre: US$353
Nominal weight less than 150 grams per square
metre: US$368
These prices:
- shall be reduced by 1% if payment is made immediate ly on receipt of the 
goods by the first purchaser in the customs territory of the community,
- shall be net if payment is made within 30 days of the receipt of the goods 
by the first purchaser in the customs territory of the Community,
- shall be increased by 1% for each subsequent 30 day period of credit.

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Where prices are invoiced by reference to area, the normal value per 100 
square metres shall be calculated in accordance with the following formula:
normal value price in US$ per tonne 
X nominal gram weight per square metre
10 000
The actual gram weight may vary by +_ 5% from the nominal gram weight.
3. The duty shall not apply where the importer proves to the satisfaction 
of the competent national authorities that the price differential referred 
to in paragraph 1 is due to the goods being damaged.
Article 3
The undertakings given by Nettingsdorfer Papierfabrik, Austria; Eurocan Pulp 
and Paper Co, Consolidated Bathurst Paper Sales Ltd and Domtar Inc, Canada;
Kemi Oy, Finland; Portuc^l, Pqrtuqa.l; ASSIObbola Linerboard AB and Svenska 
CellulosaAktiebolaget SCA, Sweden; John Bett Associates Ltd and Churchills 
and Caspars Ltd, UK; Rufin Pierard Forest Products Agencies, Belgium,
Conrad Jacobson GmbH and Jacob Jtlrgensen, Germany, Eduard Van Leer, Netherlands, 
and Induspap, France in connection with the anti-dumping proceeding concerning 
kraftliner paper and board originating in Austria, Canada, Finland, Portugal, 
the Soviet Union and Sweden are hereby accepted.
Article 4
The anti-dumping proceeding concerning imports of kraftliner paper and 
board originating in Austria, Canada, Finland, Portugal, the Soviet Union, 
and Sweden is hereby terminated.
Article 5
Regulation (EEC) N° 2133/78 is hereby repealed.

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Article 6
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, For the Council