ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (83) 654 
 
 
 
Vol. 1983/0 241 
  
 
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 openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic 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), this f ile 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. 
Februar 198 3 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 vom 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  TH E EUROPEAN COMMUNITIES
COM(83) 654 final 
Brussels, 28 October 1983
Proposal for a 
COUNCIL DECISION (EEC)
accepting undertakings offered by Japanese exporters of dicumyl 
peroxide and terminating the proceeding
(submitted to the Council by the Commission)
C O M(83) 654 final

EXPLANATORY MEMORANDUM
The Commission, by Regulation (EEC) No 2079/83 (OJ No L 203, 27.7.1983, p. 13), 
imposed a provisional anti-dumping duty on imports of dicumyl peroxide 
from Japan.
The dumping margins established for the two Japanese exporters were based, 
in one case, on a comparison of ex-works domestic and export prices and in 
the other on a comparison of domestic and constructed export prices since 
export sales were made to a related company.
Both the EEC producers are relative newcomers in the market, their production 
and market share figures showing considerable increases since production 
commenced in 1979/80. However, Japanese imports have maintained a market 
share of approximately 20% since, and despite, the inception of the Community 
industry. The Japanese imports have continued to be sold at dumped prices 
and have had a considerable supressive effect on the prices of the 
Community producers. The result has been continuous losses despite the 
achievement of adequate capacity utilization figures within a relatively 
short period of time.
Both exporters have offered undertakings which the Commission considers 
would be in the interests of the Community to accept.
The Anti-Dumping Committee has been consulted and only the German delegation 
was not in favour of accepting the undertakings.
Accordingly the Commission submits to the Council a proposal to accept the 
undertakings offered by Nippon Oil and Fats Company Ltd and Mitsui 
Petrochemical Industries Limited and to close the proceeding.

Proposal for a
COUNCIL DECISION (EEC)
accepting undertakings offered by Japanese exporters of dicumyl peroxide 
and terminating the proceeding
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
1of the European Economic Community , as amended by Regulation (.EEC)
2No 1580/82 , and in particular Article 10 thereof,
Having regard to the proposal submitted by the Commission after consultation 
within the Advisory Committee as provided for under the above Regulation,
Whereas :
A. PROVISIONAL ACTION
1. The Commission, by Regulation (EEC) No 2079/83^, imposed a provisional 
anti-dumping duty on imports of dicumyl peroxide originating in Japan.
B. SUBSEQUENT PROCEDURE
2. Following the imposition of the provisional anti-dumping duty an exporter 
and the Community producers concerned requested, and were granted, an 
opportunity to be heard by the Commission. The exporters, certain importers 
and the Community producers also made written submissions making known 
their views on the duty.
10J No L 339, 31.12.1979, p. 1. 
20J No L 178, 22.06.1982, p. 9. 
30J No L 203, 27.07.1983, p. 13.

-  2 -
C. DUMPING
3. No new evidence on dumping has been received since the imposition of 
the provisional duty and the Commission, therefore, considers its findings 
on dumping as set out in Regulation (EEC) No 2079/83 to be definitive.
Consequently the preliminary determinations are confirmed.
D. INJURY
4. No fresh evidence regarding injury to the Community industry has been 
submitted.
The Commission has therefore confirmed the conclusions on injury reached in 
Regulation (EEC) No 2079/83.
In the Commission's view, therefore,the facts as finally determined show 
that the injury being caused by dumped imports of dicumyl peroxide originating 
in Japan, taken in isolation from that caused by other factors, has to be 
considered as material.
E. COMMUNITY INTEREST
5. No new evidence was submitted by Community consumers and the
Commission has therefore confirmed its preliminary findings and
has come to the conclusion that it is in the Community's 
interests that action be taken.
In these circumstances, protection of the Community's interests calls for 
the taking of anti-dumping measures on imports of dicumyl peroxide 
originating in Japan.
F. UNDERTAKINGS
6. The exporters concerned, having been informed of the Commission's 
definitive findings, offered undertakings concerning their exports of dicumyl 
peroxide to the Community. The Commission considers that the effect of the

said undertakings w ill be to allow the C oiNtNUnity producers to obtain an
appropriate return from th eir sales of difiliWyl peroxide in the Community,
the injury caused by the dumped Japanese imports thereby being eliminated.
However, during the consultations within the Advisory Committee concerning 
the acceptability of these undertakings, one delegation objected to f.he 
termination of the proceeding on the basis of acceptance of these 
undertakings.
The Commission has consequently submitted a proposal to the Council to 
terminate the proceeding on the basis of the acceptance of the undertakings 
offered.
HAS DECIDED AS FOLLOWS:
Article 1
The Council hereby accepts the undertakings given by Nippon Oil and
Fats Co Ltd, Tokyo and Mitsui Petrochemical Industries Ltd, Tokyo in 
connection with the anti-dumping proceeding concerning dicumyl peroxide 
falling within Common Customs Tariff subheading ex 29.08 D, corresponding 
to NIMEXE code ex 29.08-70,originating in Japan.
Article 2
The anti-dumping proceeding concerning imports of dicumyl peroxide 
originating in Japan is hereby terminated.
Done at Brussels, For the Council