ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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DOCUMENTS "COM" 
 
 
 
 
COM (83) 007 
 
 
Vol. 1983/ 0005 
  
 
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 Economic 
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 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. 
Februar 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 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 OF THE  EUROPEAN  COMMUNITIES 
COM(83) 7 final 
Brussels, 7 January 1983 
Proposal for a 
COUNCIL REGULATION (EEC) 
establishing  the definitive collection  of the provisional  anti-dumping  duty 
on polyvinyl chloride originating  in Czechoslovakia 
(submitted  to the Council by the Commission) 
COM(83) 7 final 

EXPLANATORY  MEMORANDUM 
In September 1982 the Commission imposed a  provisional  anti-dumping duty 
of 12% on imports of  polyvinyl  chloride  originating  in Czechoslovakia 
The facts  as finally  established  show that in 1981 there was a weighted 
average  dumping  margin of 55%. 
The injury  caused by these imports to the  Community  industry concerned 
consists  essentially  of an increase in the Czech market share in  Germany 
and the Netherlands and undercutting of the Dutch and  German  manufacturers' 
prices by up to 19%. The market share was increased at a time  when demand 
was declining  in the  Community,  which meant  that the  Community  manufacturers 
therefore  lost further  sales.  Despite  cutting  back output considerably 
the Community  manufacturers, not  least  because of the  dumped  imports, have 
been unable to  stabilize  the market and  halt the decline in  prices. 
The Czech exporter has  offered  a price  undertaking.  After  consulting the 
Member  States, the Commission has accepted  this undertaking and intends to 
terminate  the anti-dumping proceeding. 
In view of the  dumping  by the Czech exporter and the material  injury 
sustained  by the  Community  industry concerned the  interests  of the  Community 
require  that the  provisional  duty be  definitively  collected. 
For these reasons it is proposed that the  amounts  secured by way of 
provisional  duty be  definitively  collected,  except  where  the customs 
documents  presented  upon importation  show that polyvinyl  chloride  manufactured 
by the emulsion process, which was not the subject of the proceeding, has 
been imported. 
Regulation  (EEC) N°  2568/82,  OJ N° L 274,  24.9.1982,  p. 15 

establishing the definitive collection of the provisional  anti-dumpinq  duty 
on polyvinyl  chloride  originating  in Czechoslovakia, 
THE COMMISSION  OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing  the European  Economic  Community, 
Having regard to Council  Regulation  (EEC) N° 3017/79 of 20 December 1979 
on protection against  dumped or subsidized  imports  from countries  not members 1 
of the European  Economic  Community  , as amended by  Regulation  (EEC) 
2 . , • 
N° 1580/82 , and in  particular Article  12 thereof, 
After consultations  within  the Advisory  Committee set up  pursuant to 
Article 6 of Regulation  (EEC) N° 3017/79, 
Whereas in July 1981 the Commission  received  a complaint  from the European 
Council of Chemical  Manufacturers'  Federations,  on behalf of 24 producers 
of polyvinyl chloride resins  and compounds,  representing  almost the whole 
. , , .  . initiate  ... of the Community  industry, asking it  to / an anti-dumping  proceeding; 
Whereas the complaint  contained sufficient  evidence that  like products 
originating  in Czechoslovakia, the  German Democratic  Republic,  Hungary and 
Romania were being dumped,  and that material injury  was being caused thereby; 
whereas the Commission  accordingly  announced,  by a notice published  in the 
3 . . . 
Official  Journal of the  European  Communities  , the initiation  of a proceed­
ing in respect of imports of polyvinyl  chloride  (Nimexe codes ex 39.02-41 
and 39.02-43)  originating  in Czechoslovakia,  the German  Democratic  Republic, 
Hungary and Romania and commenced an  investigation  of the matter at 
Community  level; 
0J N° L 339, 31.12.1979,  p. 1 
0J N° L 178, 22.06.1982,  p. 9 
0J N° C 332, 19.12.1981, p. 2 Proposal for  a 
COUNCIL REGULATION (EEC) 

- 2 -
Whereas a preliminary  examination  of the facts revealed that dumping was 
taking place and provided sufficient  evidence that material injury was being 
caused thereby  to the Community industry concerned;  whereas the Commission 
thereupon informed  the exporters concerned  of the need to  adopt protective 
measures; whereas,  in view of the above  findings, the exporters in  the 
German Democratic Republic,  Hunqary and Romania  offered undertakings  which 1 were accepted by the Commission; whereas by  Regulation (EEC)  N 2568/82 
the Commission  therefore terminated  the proceeding in respect  of the above 
countries and imposed a  provisional  anti-dumping duty  of 12X on imports 
of polyvinyl  chloride originating  in Czechoslovakia; 
Whereas in Article 3 of the said Regulation  the Commission gave the  parties 
concerned an opportunity,  within one month of the entry into force of the 
provisional  duty and without prejudice  to Article 7(4)(b) and (c) of 
Regulation (EEC) N° 3017/79, to  make known their views and apply to be heard 
orally by the Commission; whereas the  exporter and a number of the importers 
concerned availed themselves  of this opportunity  and made known their views 
both in writing and orally; whereas the Commission examined  carefully the 
arguments put  forward and found no reason to amend the provisionally 
determined weighted average  dumping margin; 
Whereas, as  regards the question of injury, the Commission has  received no 
information  since the adoption of Regulation (EEC)  N° 2568/82 which would 
require any revision of its conclusions formulated in  the said Regulation; 
Whereas, after being informed of these findings, the Czech exporter, Petrimex, 
Bratislava,  offered an undertaking  to the Commission to  respect certain 
minimum prices for its exports to the Community;  whereas the Commission 
considers this undertaking appropriate in order  to eliminate the injurious 
effects of those exports; whereas the  Advisory Committee set up  pursuant to 
Article 6 of Regulation (EEC)  N° 3017/79 has raised no objections;  whereas, 
in these circumstances,  the undertaking  can be accepted, the proceeding 
terminated and the provisional  duty lifted; 
Whereas the proceeding may  therefore be terminated  without the  imposition 
of a definitive  anti-dumping duty; 
0J N° L 274, 24.9.1982 

- 3 -
Whereas,  as far as  dumping  by the Czech exporter and the material  injury to 
the Community  industry in question are concerned, the interests of the 
Community  nevertheless  call for the  definitive  collection  of the provisional 
duty; 
Whereas,  as polyvinyl chloride manufactured by the emulsion process was not 
covered by the proceeding, it is appropriate to release those  amounts  which 
can be shown to have been levied as the provisional anti-dumping duty on 
imports of polyvinyl choride manufactured by the emulsion process  originating 
in Czechoslovakia, 
HAS ADOPTED  THIS REGULATION: 
Article 1 
1. The amounts  secured by way of provisional anti-dumoinq duty, Dursuant 
to Regulation (EEC) N°  2568/82,  on imports of polyvinyl chloride, other than 
that manufactured by the emulsion process,  originating  m Czechoslovakia, 
shall be definitively  collected. 
2. Securities lodged in respect of imports of polyvinyl chloride manufactured 
by the emulsion process  shall be released provided that the  said method of 
manufacture is recorded in the  customs  documents  submitted on importation. 
Article 2 
This Regulation  shall enter into force on the  third day following that of 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