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COM (83) 509 
 
 
 
Vol. 1983/01 96 
  
 
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 O F THE EUROPEAN COMMUNITIES
C O M (83) 509 final
Brussels, 2 9  July 1983
Proposal for a
cq u n cil _reg u la tio n _(eec)
imposing a  definitive anti-dumping duty on imports of barium 
chloride originating in the People's Republic of China and in 
the G erm an Democratic Republic
(submitted to the Council by the Com m ission)
COM(83) 509 final

EXPLANATORY MEMORANDUM
1. In June 1 9 8 2  the C om m ission received a  complaint lodged b y  the Conseil 
Européen des Fédérations d e l'Industrie C him ique (C E F IC ) on behalf of
the French producer w h o  accounts for the bulk of the C o m m u n ity
production of barium chloride. T h e  complaint alleged dum ping of barium chloride 
originating in the People's Republic of C hina and in the G erm an Democratic 
Republic and material injury resulting therefrom. These allegations w ere 
supported by evidence sufficient to justify the C om m ission initiating proceedings 
and a  notice announcing the opening of the anti-dumping proceedings w a s published 
on 1 0  August 1 982 (0J N o  C  207).
2. T h e Commission's preliminary investigation .  found '  margins of dum ping 
exceeding 7 5 %  and resulting material injury. Provisional anti-dumping duties 
were imposed by C om m ission Regulation (E E C ) N o  985/83 (0J N o  110 of 27.4.83) 
the am ount of w hich is equal to the am o u n t by w hich the price per tonne net,
free-at-Community-frontier, before duty, is less than 319 E C U . T h e validity 
of these duties expires on 2 7  A ugust 1983.
sh o w n
3. In view of the drastic increase^in the import statistics from
China during the first 3  m onths of 1983 and the eventual effects with regard to 
the injury suffered b y  the C o m m u n ity  producer concerned, it w a s considered 
appropriate to change the investigation period from  A ugust 1981/July 1 982 to the 
period January 1 9 8 2  to M arch 1983. O nthe basis of the updated information 
obtained by the C om m ission during the subsequent investigation the following 
conclusions are reached:
a) W ith regard to dum ping: the dum ping margins for the product concerned
originating both in the People's Republic of C hina and in the G erm an  
Democratic Republic still exceed 7 5 % ;
b) with regard to injury:
1. O n  the basis of the figures admitted b y  the importers k n o w n  to the 
Com m ission the imports of crystallised barium chloride in the E E C  
originating in C hina increased b y  4 2 %  between 1980 and 1982. This increase 
m ust be seen in relation to a  decrease of 3 8 %  in the consumption of this 
product in this form  in the E E C  between 1980 and 1982. In addition, 
substantial quantities, w hich are being held under the transit regime, are 
considered as constituting a  threat of injury.
2. Imports of the product concerned originating in the D D R  increased from
0  tonnes in 1980 to 253 tonnes in 1 9 8 1  and decreased slightly in 1982. Although

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only very little im ports h a v e  taken place in 1983, injury is still 
threatened given the export capacity of the exporter in the D D R  a n d  the 
likelihood that h e  will increase his exports to the C o m m u n ity , if a n  anti­
d u m p in g  duty w o u ld  b e  im p o sed  only o n  the im ports originating in C hina.
3. T h e  price undercutting of the C hinese a n d  the D D R  product w a s  7  to 
1 7 %  a n d  1 3 %  respectively.
4. T h e  consequent im p act o n  the C o m m u n ity  producer concerned is s h o w n  as 
follows:
the production of crystallised barium  chloride available for the m arket 
dropped b y  6 %  b etw een 1 9 8 0  a n d  1 9 8 1  a n d  b y  5 2 %  betw een 1 9 8 1  a n d  1 9 8 2 ; 
the capacity utilisation dropped accordingly;
- the sales of the product in this fo rm  to custom ers in the E E C  dropped b y  
3 3 %  betw een 1 9 8 0  a n d  1 9 8 1  a n d  rem ained fairly stable in 1 9 8 2 ;
- the m arket share h as slightly increased fro m  3 0 %  to 3 3 %  w hereas the m arket 
share of the C hinese product increased fro m  3 6 %  to 4 8 %  an d  the m arket 
share of the D D R  product rem ained stiible at 8 % ;
- the losses s h o w e d  a  further substantial increase.
4. In  v iew  of the particularly serious losses w h ic h  the C o m m u n ity  producer concerned 
faces in the production a n d  sale of the product concerned an d  in order to avoid the 
closure of the plant, w h ic h  w o u ld  m a k e  the C o m m u n ity , to a  significant extent, depen­
dent u p o n  external supplier it is in  the C o m m u n ity 's interest that action b e taken. r
5. Considering that n o  satisfactory price undertakings h av e been offered b y  the 
exporters concerned, the protection of the C o m m u n ity 's interests calls for the 
imposition of definitive anti-dum ping duties the a m o u n t of w h ich  shall b e  equal 
to the a m o u n t b y  w h ic h  the price per tonne net, free-at-Community-frontier, before 
duty, is less than 3 2 3  E C U .  T his a m o u n t h as been calculated o n  the basis of the 
data relating to the m odified reference period. Furthermore, it is appropriate 
that the provisional duty b e  collected to a  m a x im u m  of 3 1 9  E C U  in v iew  of the 
drastic increase of the im ports of the d u m p e d  product originating in C h in a  since 
the opening of the proceedings.

Proposal for a COUNCIL REGULATION (EEC)
imposing a  definitive anti-dumping duty o n  imports of barium 
chloride originating in the People's Republic of China and in 
the G erm an Democratic Republic
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 I T I E 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 20 D ecem ber 1979 
on protection against d u m p ed  or subsidized imports from  countries not 
m em bers of the European C om m unity(1), as am ended b y  Regulation (E E C ) N o  
1580/82(2), and in particular Article 1 2  thereof,
H aving regard to the proposal submitted b y  the C om m ission after consultation 
within the Advisory C om m ittee as provided for under the above Regulation,
Whereas:
A . Provisional action
1. T he Com m ission, b y  Regulation (E E C ) N o  985/83 (3), im posed a  provisional 
anti-dumping duty on imports of barium chloride originating in the People's 
Republic of C hina and in the G erm an  Democratic Republic.
B. Subsequent procedures
2. Following the imposition of the provisional anti-dumping duty,
Sachtleben G m b H  (hereinafter called "Sachtleben") the current exclusive 
importer of the product concerned originating in the People's Republic
of China, the exporter and the m ain importers of the product concerned originating 
in the G erm an (D em ocratic Republic and the C o m m u n ity  producer concerned 
"(1) O J  N o  L  339, 3 1  .12.1979, p. 1.
(2) O J  N o  L  178, 22.6.1982, p. 9.
(3) O J  N o  L  110, 27.4.1983, p. 11.

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requested, and w ere granted, an  opportunity to be heard b y  the 
Com mission. A I L  these parties also m a d e  written submissions m aking 
k n o w n  their view s o n  the provisional duty.
3. Sachtleben also requested to be informed of certain facts and 
essential considerations o n  the basis of w hich it w as intended to 
recom m end definitive action and this request w as granted.
4. In view of the drastic increase of the imports of the dum ped product
originating in the People's Republic of China during the first 3 m onths
of 1983 (see recital 1 9  of Regulation (E E C ) N o  985/83) and their
eventual effects with regard to the injury suffered b y  the C om m unitychange perioa
producer concerned, it w a s considered appropriate to / the investigation 'from
A ugust 1981/July 1 9 8 2  to the period January 1982 to M arch 1983.
Therefore, all parties w h o  had replied to the Commission's questionnaire
after the opening of the proceedings were requested to update accordingly
their replies. Furthermore, visits were m ad e  to the premises of theto
C om m unity producer concerned,/a m ajor importer-consumer of the product 
concerned and to Sachtleben's agent in Antwerp.
C . D u m p in g  m argin
5. Since it w a s considered appropriate to take a  m ore recent period 
of investigation, account has been taken of the updated information 
received concerning the export prices of the dum ped products and the 
normal value.
6. T h e weighted average dum ping marginsdetermined on the basis of the 
revised information for the product concerned originating in the People's 
Republic of C hina and in the G erm an  Democratic Republic still  exceeded 
7 5 % .
7. Satisfactory evidence to justify an adjustment of the normal valuet hçfor quality differences bet ween^Chinese and the C om m unity product claimed b y  
Sachtleben has not been submitted and therefore the c la i m  is rejected.

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account
8. A n  adjustment of the norm al value to take /„ of alleged cost 
advantages of the raw  material and the alleged different production process 
in China claimed b y  Sachtleben cannot be m ade. Indeed, it remains uncertain 
h o w  such advantages, if they really existed and w ere not counterbalanced 
by competitive disadvantages, w ould be reflected in the norm al value, if 
the sam e conditions existed in the m arket econom y country used for 
establishing the norm al value (U S A ). A s  prices are a  function, not only 
of costs, but also of dem and, a  producer benefiting from  a  particular 
advantage has the choice either of keeping his sales' prices lo w  or of 
maintaining them  at the level of his competitors' prices and keeping the 
extra profit resulting from  such advantages. E v en  if norm al value w ere 
to be based on the constructed value in the analogue country (U S A ) any adjust­
ments of costs established in a  m arket econom y country w ould involve relying on 
the labour, materials and energy and other costs and resource allocations in a
non-market econom y country, w hich Article 2  (5) of Regulation (E E C ) N o  
3017/79 w a s specifically designed to exclude. Sachtleben's suggestion to base 
the n orm aL  value on the constructed value in the E E C  cannot be accepted, as
it w ould be contrary to Article 2  (5, b) of Regulation (E E C ) N o  3017/79, w hich 
provides for the constructed value of the like product in a  market econom y 
third country.
9. N o  account can be taken of the possible effects of the alleged price 
w ar between the ex-manufacturer in the Federal Republic of G erm any and 
the C om m unity producer concerned for the determination of the dum ping, as 
the Latter has been done on the basis of a  comparison of the export prices 
of the exporters and the price of the like product sold on the domestic 
market of the analogue country (U S A ) and has n o  relation whatsoever with 
the historical prices of the product concerned in the E E C .
D . Injury
10. D u e  to the modification of the reference period, account has been 
taken of the available updated information concerning the injury suffered 
b y  the C om m unity producer concerned. T he C om m ission has, therefore, 
modified as follows the conclusions reached in Regulation (E E C ) N o  985/83.

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11. W ith  regard to the injury caused b y  crystallised barium  chloride
originating in the People's Republic of China, the statistical data 
sh o w  that im ports into the C o m m u n ity  increased from  3.088 tonnes in 
1 9 8 0  to 3.828 tonnes in 1981, to 5.849 tonnes in 1 9 8 2  an d  to 3.451 
tonnes during the first 3  m onths of 1983. This m ean s a n  increase of 
2 4 %  betw een 1 9 8 0  an d  1981, 5 3 %  in 1 9 8 2  and a  further increase of 1 3 6 %  
(extrapolated o n  a  yearly basis) during the first 3  m o n th s of 1983. Sachtleben 
have contested the official E E C  im port statistics an d  particularly the 1 9 8 3  
figures o n  the grounds that the bulk of their
figures represent in fact only the putting into free circulation of goods,
w h ich  h ad  already entered the E E C  in 1 9 8 2  under the transit (T 1 )
regim e and appeared already in the 1 9 8 2  statistics. Therefore, the
C o m m issio n  verified the im ports m a d e  b y  Sachtleben in 1981, 1 9 8 2  an d
1983. O n  the basis of the figures admitted b y  the importers k n o w n  to
the C o m m issio n  the im ports of crystallised barium  chloride in the E E C  originating in the PeooLe's Rpnuhlic of C h in a
increased b y  4 2  %  betw een 1 9 8 0  an d  1982. This increase m u st be seen in 
relation to a  decrease b y  3 8 %  of the consum ption of the product in this ~ 
fo rm  in the E E C  betw een 1 9 8 0  and 1982. T h e  fact that a  substantial
part of these goods are held in stock b y  Sachtleben does not alter the 
conclusion that they constitute an  elem ent of injury, as they m a y  
effectively b e put o n  the m arket at an y  m o m en t. Furthermore, a  
substantial quantity of crystallised barium  chloride is still held b y  
Sachtleben in A n tw erp  under the T 1  regime. T hese goods constitute, 
how ever, at least a  threat of injury, as they m a y  be cleared at the 
custom s and put into free circulation in the E E C  at very short notice.
W ith  regard to future imports, Sachtleben is under a  contractual 
obligation to b u y  .for several years from  the Chinese exporter a  very 
substantial an d  increasing quantity of crystallised barium  chloride.
12. W ith  regard to the injury caused by anhydrous barium  chloride 
originating in the People's Republic of China, a  significant increase took 
place betw een 1 9 8 0  and 1982. T hese imports stopped in 1 9 8 2  due to technical 
problems. H o w ev er, Sachtleben confirm ed that these problem s n o  longer exist 
so  that these im ports constitute a  threat of injury. Furthermore,
Sachtleben is in a  position to

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transform the im ported crystallised barium  chloride into anhydrous 
barium  chloride. In order to prevent Sachtleben im porting anhydrous 
barium  chloride directly fro m  the People's Republic of C h in a or 
transforming im ported crystallised barium  chloride into anhydrous 
barium  chloride, the C o m m u n ity  producer concerned decided to conclude w ith 
Sachtleben a  pluri-annual contract for anhydrous barium  chloride for w h ich
the sales' prices are far below  his production costs.
13. W ith  regard to the injury caused b y  the d u m p e d  im ports originating 
in the G e rm a n  D em ocratic Republic, the evidence available to the 
C om m ission sh o w s that im ports into the C o m m u n ity  of crystallised barium  
chloride increased in the U nited K in g d o m , w h ich  constituted the m ain  im port 
m arket of the product concerned originating in the G e rm a n  D em ocratic Republic, 
from  0  tonnes in 1 9 8 0  to 2 5 3  tonnes in 1 9 8 1  an d  decreased slightly 
.in  1982. A lthough
there have been only very little im ports in 1 9 8 3  of the product concerned 
originating in the G e rm a n  D em ocratic Republic, they constitute a  threat 
of injury, given the export capacity of the exporter in the G e rm a n  
D em ocratic Republic an d  the likelihood that h e  will resu m e exporting to 
the C o m m u n ity , if a n  anti-dum ping duty w o u ld  b e im posed only o n  the 
imports originating in the People's Republic of C hina.
14. T h e  weighted resale prices of the im ports of crystallised barium  chloride 
originating in the People's R epublic of C h in a an d  the G e rm a n  D em ocratic Republic
undercut the prices of the C o m m u n ity  producer durina the investigation period b y  7  to 1 7 %  
and 1 3  %  respectively. T h e  resale pricesof these im ported products
w ere low er than those required to cover the costs of the C o m m u n ity  
producer concerned.
15. W ith  regard to the consequent im pact o n  the C o m m u n ity  producer 
concerned the evidence available to the C o m m issio n  sh o w s that the production 
of crystallised barium  chloride of the C o m m u n ity  producer concerned 
available for the m ark et dropped b y  6 %  betw een 1 9 8 0  an d  1 9 8 1  and b y  5 2 %  
between 1 9 8 1  an d  19 8 2 . Furtherm ore, the evidence available to the

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Commission sh o w s that the capacity utilisation of the C om m unity producer 
concerned dropped accordingly.
16. T h e  sales of crystallised barium chloride
,of the C om m unity producer concerned to
/andcustomers in the E E C  dropped by 3 3 %  between 1980 and 1981'remained fairly 
stable in 1982.
share of the of crystallised barium chloride
17. W ith regard to the'market /  . held b y  the C om m unity producer
concerned, it has slightly increased from  3 0 %  to 3 3 %  between 1980 
and 1982, whereas the m arket share of the product concerned originating 
in the People's Republic of C hina has increased from  3 6 %  to 4 8 %  during 
the sam e period and the market share of the product concerned originating in 
the G erm an Democratic Republic has remained stable at 8 % .
18. T h e losses incurred b y  the C o m m u n ity  producer concerned for the crystallised 
barium chloride show ed a  further substantial increase between 1980 and
1982 as well as during the first 3  m onths of 1983.
19. T h e em ploym ent figures of the C om m unity producer concerned have 
remained fairly stable since 1980. T he risk that the exporter of the 
product concerned in the G erm an  Democratic Republic resumes exports 
of the dum ped product if n o  anti-dumping duty is imposed on these 
imports on the one hand, and the continuation of imports of crystallised 
barium chloride from  the People's Republic of China and the risk that 
anhydrous barium chloride be imported again from  the People's Republic 
of China on the other hand, constitute, however, a  serious threat of 
loss of em ploym ent and even of closure of the plant of the C om m unity 
producer concerned.

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20. In the Commission's view, therefore, the facts as finally determined sh o w  
that the injury being caused b y  d u m p ed  imports of barium chloride originating 
in the People's Republic of C hina and in the G erm an  Democratic Republic, taken 
in isolation from  that caused b y  other factors, has to be considered as 
material.
Furthermore, Sachtleben's argum ent that the effects of the alleged price w a r 
between the ex-manufacturer in the Federal Republic of G erm an y  and the m ain 
C om m unity producer needs to be taken into account has been duly considered. 
However, the results of the investigation have sh o w n  that this price war, if 
it really existed, has ceased in 1981, w h e n  the ex-manufacturer in the 
Federal Republic of G erm an y  stopped producing the product concerned. In 
conclusion the impact of the considerable dum ping practiced b y  the exporters 
in the People's Republic of C hina and in the G erm an  Democratic Republic 
on the C om m u n ity  m arket is such that, taken in isolation, it has to be 
qualified as constituting material injury.
E.  Community's interests
2 1  .  Sachtleben has argued that the introduction of protective measures o n  
the product concerned w ould not be in the interest of different sectors of the 
C om m unity industry. Furthermore, it is said that the relevant market has only a  
limited price elasticity and that the imposition of duties at the level 
of the provisional duties w ould lead to a  further reduction of the dem and 
for the product concerned. Neither Sachtleben, nor any other party, 
submitted any evidence on this matter.
2 2  .  in view of the particularly serious losses w hich the C o m m u n ity  producer 
concerned faces in the production and sale of the product concerned and 
in order to avoid the closure of the plant of the C o m m u n ity  producer
concerned, w hich w ould m a k e  the C om m unity, to a  significant extent, 
dependent upon external supplies of this product, it is concluded
that it is in the Com m unity's interests that
action be taken.
2 3.  In these circumstances, protection of the Com m unity's interests calls for 
the imposition of a  definitive anti-dumping duty on imports 
of barium chloride originating in . the People's Republic ofyXhina and 
in the G erm an Dem ocratic Republic.

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F. Definitive duty
24. Having regard to the extent of the injury caused, the rate of the 
duty should be less than the dumping margins established but adequate 
to remove the injury caused.
25. Having compared the complainant's weighted average prices and
costs, with the individual
importers' costs and special marketing conditions, where available, it is
determined that the current injury would be removed if the 
amount of the duty corresponded to the amount by which the free-at-Community- 
frontier price, before duty, to the firs t importer in the importing M em ber 
State is less than 323 E C U .
6. Collection of provisional duty
26. Although there appears to have been no substantial imports of
...........................................  the exportingth
e product concerned originating in both/countries concerned since the 
imposition of the provisional duty, it is appropriate that the provisional 
duty be collected, particularly in view of the drastic increase of the 
imports of the dum ped product originating in the People's Republic of 
China since the opening of the anti-dumping proceedings. The amounts 
secured by w a y  of provisional anti-dumping duties should be collected 
to a m axim um  of 319 E C U .
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 on barium chloride 
falling within sub-heading 28.30 A  II of the C o m m o n  Customs Tariff 
(N IM E X E  code 28.30-20) and originating in the People's Republic of China 
and the 6erman Democratic Republic.

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2. The amount of the duty shall be equal to the amount by which the 
price per tonne net, free-at-Community-frontier, before duty, is less 
than 323 E C U .
The free-at-Community-frontier price shall be net if the conditions of 
sale provide for payment within 30 days from the date of provisional 
duty shipment; they shall be reduced or increased by 1 %  for each 
increase or decrease of one month in the period for payment.
3. The provisions in force with regard to customs duties shall apply to 
the said duty.
Article 2
The sums secured by w a y  of provisional anti-dumping duty under Regulation 
(EEC) N o  985/83 shall be definitively collected up to a  m axim um  of 319 E C U  
per lorrie.
Article 3
This Regulation shall enter into force on the day of its publication in the 
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable 
in all M em ber States.
D o n e at Brussels, For the Council