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COM ( 83) 132 
 
 
 
Vol. 1983/0 039 
  
 
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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 
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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  
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der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C0M(83) 132 fin a l 
Brussels, 14 March 1983
Proposal for a  
C O U N C IL R E G U LA TIO N  (EEC)
amending Regulation (EEC) N o  2940/81 imposing a d e fin itive  a n ti­
dumping duty on p-xylene (paraxylene) originating in Puerto Rico, 
the United States of America and the United States Virgin Islands
(submitted to the Council by the Commission)
C O M (83) 132 fin a l

E X P LA N A T O R Y  M E M O R A N D U M
O n  15 October 1981 the Council, by Regulation (EEC) N o  2940/81 imposed a  
d e fin itiv e  anti-dumping duty on imports of p-xylene originating in Puerto 
Rico, the U S  Virgin Islands and the USA. Undertakings *rcm six exporters 
were also accepted thus allowing them to be excluded from the duty.
The Commission has since received requests from three U S  exporters to review 
the duty as it  applied to them.
The Commission, after consultation, re-opened the procedure and com m enced 
its  investigation. This investigation showed that the co-operating 
companies either had not dumped  or had ceased exporting to the Community.
The one exception to th is was Hercules, which had technically dumped because 
they had borne the transport costs on a  consignment m ade to a  related 
company. The shipment had otherwise been m ade at a  price which could be 
considered normal.
However, certain exporters representing 4 1 %  of U S  exports to the Community 
either did not co-operate in the investigation or did not m ake 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 
the 14.7% determined in the f ir s t  investigation.
It was also established that the Community producers were s t i l l  in a  
depressed condition and that renewed material injury w as Likely if  the 
duty or the undertakings were not maintained.
It is considered to be in the Community's interest that the duty and 
undertakings continue to apply. The two U S  exporters w ho requested the 
review have offered undertakings to respect the normal value. These are 
considered acceptable.
Member States have been informed of these proposals in the Anti-Dumping 
Committee and seem  to be in agreement with them.

Proposal for a 
COUNCIL REGULATION (EEC)
amencnng Regulation (EEC) N o  2940/81 imposing a  d e fin itiv e  anti-dumping 
duty on p-xylene (paraxylene) originating in Puerto Rico, the United States 
of America and the United States Virgin Islands
T H E  C O U N C IL O F  T H E  E U R O P E A N  COM MUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N o  3017/79 on protection against
dumped or subsidized imports from countries not members of the European
1 2 Economic Community , as amended by Regulation (EEC) N o  1580/82 , and in
particular A rticle  12 thereof,
Having regard to the proposal submitted by the Commission after consultations 
within the Advisory Committee provided for under the above Regulation,
Whereas the Council, by Regulation (EEC) N o  2940/81 , imposed a  d e fin itiv e
4
anti-dumping duty of 14,70%on imports of p-xylene originating in Puerto 
Rico, the United States of America and the U S  Virgin Islands; whereas the 
rate of duty for the Sun Petroleum Products Com pany was 6,14% and for the 
Shell Chemical Com pany was 2.37%; whereas six exporters were excluded from 
the duty as they gave voluntary undertakings to increase th e ir prices to 
levels which eliminated dumping;
Whereas this Regulation was subsequently amended by Regulation (EEC)
N o  3644/81"* which exempted from the duty a  further company which had 
vo luntarily undertaken to respect the normal value established during the 
investigation period;
0J N o  L  339, 31.12.1979, p. 1.
0J N o  L  178, 22.06.1982, p. 9.
0J N o  L  296, 15.10.1981, p. 1.
iC C T  scbheading ex 29.01 D  I b; Nimexe Code 29.01-67 
0J N o  L  364, 19.12.1981, p. 3.

-  2 -
W hereas the Commission has since received requests from three United States ·  
companies to review the duties insofar as they apply to them;
Whereas, 6ince the said requests provided sufficient evidence to ju s tify  
a  review of the proceeding the Commission announced by a
notice published in the O fficial Journal of the European Communitiesd) 
a  review of .the definitive anti-dumping duty on imports of p-xylene 
originating in Puerto Rico , the United States of America and the U S  Virgin Islands 
and conmenced an investigation of the matter at Community level;
Whereas the Commission o ffic ia lly  so advised the exporters and importers 
known by it to be concerned as well as the representatives of the exporting 
country and the complainants;
Whereas the Commission has given the parties directly concerned the .  
opportunity to m ake known their views in writing and to be heard;
Whereas certain of the exporters known to be concerned and som e importers 
took this opportunity to present written and oral observations; whereas, 
however, several traders and dealers failed to respond to the Commission's 
invitation to m ake known their views;
Whereas the Commission sought and verified a ll information it deem ed to be 
necessary for the purposes of the review procedure and carried out 
investigations at the premises of the following:
E E C  producers: ICI, Wilton
Total Chimie, Paris 
Veba 01, Gelsenkirchen 
Shell Chemical, London
exporters: Arco Chemical Co., Philadelphia, Pennsylvania
Exxon Chemical Co., Darien, Connecticut 
Hereof ina, Wilmington, North Carolina 
Koch Chemical Co., Wichita, Kansas
Phillips Petroleum Chemicals, Overijse on behalf of International 
Petroleum Sales Inc., P anam a and Phillips Paraxylene Inc., Puerto 
Rico
S u n Refining and Marketing C o  and Sunoco Overseas Inc- Philadelphia, 
Pennsylvania
Tenneco O il, Houston, Texas
(1) O J  N o  C  124, 15.5.1982, p. 3.

- 3 -
The Am oco Chemicals Corporation and Pecten Chemicals In c., a  subsidiary of 
Shell Oil Company, also m ade information available at the Commission's offices 
in Brussels;
Whereas the Commission selected the last quarter of 1981 and the f ir s t  three 
quarters of 1982 as the relevant investigation period.
Whereas normal values were established by taking the weighted average 
quarterly prices of the respective domestic sales of the companies concerned; 
whereas these weighted average prices fluctuated by quarter and had generally 
declined in the th ird  quarter of 1982 to levels s lig h tly  below those established 
during the previous investigation;
Whereas in establishing the p r o fita b ility  of the domestic sales, evidence was 
submitted which sa tisfied  the Commission that sales generally had not been 
at a  loss;
Whereas export prices were determined on the basis of the prices actually 
paid or payable for the 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, handling, loading and a ncillary costs; whereas a ll 
comparisons were m ade at F O B  level;
Whereas the above examination of the facts showed that these companies which 
had given undertakings a fte r the orig in al investigation had respected the terms 
of th e ir undertakings and had not exported to the Community at prices lower 
than the normal values on th e ir domestic markets and therefore had not resumed 
dumping; whereas the Shell Chemical Company had not exported during the 
investigation period; whereas the three companies which had requested the 
review, i.e . Hercofina, the Koch Chemical Com pany and Sun Refining and Marketing 
Co., which had not exported during the o rig in a l investigation,, had not dumped in 
the Community in the period covered by the review with the exception of one de 
minimis shipment m ade by Hercofina;

- 4 -
Whereas for those exporters who neither replied to the Commission's question­
naire nor m ade themselves known otherwise in the course of the review 
investigation,and who are estimated to account for 4 1 %  of the exports concerned, 
the Commission considered that it  would constitute a  bonus for non-cooperation 
to assume that the dumping margin for these exporters was any lower than the 
dumping margin of 14 7 %  determined with regard to them following the original 
investigation;
Whereas as regards injury the Commission has received no new  evidence to a lter 
its  view that the continued application of the existing duty and the maintenance 
of price undertakings were requirements for the elimination of injury and the 
prevention of its  recurrence; whereas the v o la tile  price movements in recent 
quarters and the continuing depressed state of both U S  and E E C  markets suggest 
that any removal of the existing d e fin itiv e  duty or withdrawal of undertakings 
might lead the exporters concerned to export surplus inventory to the E E C  
thereby increasing the threat of material injury to the Community industry;
Whereas no interested party in the Community has argued that the continuation 
of protective measures would be against the Community interest; whereas, in 
view of the p a rticu la rly serious d iffic u ltie s  facing the Community industry 
the Commission has com e to the conclusion that it  is in the Community's 
interests that d e fin itiv e  measures and price undertakings be continued 
p a rticu la rly in view of the fact that those exporters who co-operated in the 
Commission's investigation and who subsequently offered price undertakings 
only account for 5 9 %  of U S  exports to the Community;
Whereas accordingly the facts as fin a lly  established show that the interests 
of the Community call for the maintenance of the existing d e fin itive  a n ti­
dumping duty on p-xylene originating in Puerto Rico, the U S A  and the U S  Virgin 
Islands;
Whereas the exporters concerned were informed of the main findings of the review 
and commented on them; whereas those companies which had offered undertakings 
in the orig in al proceeding volunteered to renew them; whereas the KochChemicalv  
Com pany and Hereofina also vo luntarily undertook to respect a  minimum price 
for th e ir exports;

-  5  -
Whereas the effect of the said undertakings w ill be to maintain import 
prices at the Level necessary to prevent in ju ry;
Whereas the Council has, therefore, determined that imports of p-xylene 
exported by Am oco Chemicals Corporation, Arco Chemical Co., Exxon Chemical Co., 
Hercofina, Koch Chemical Co., P h illip s Paraxylene Inc., International 
Petroleum Sales Inc., Sunoco Overseas Inc. and Tenneco Oil should be excluded 
from the application of the duty;
Whereas the Sun Refining and Marketing Company, successor to the S un Petroleum 
Products Company, declined to offer voluntary undertakings to respect minimum 
prices on its  exports and there is therefore no reason for these companies to 
be excluded from the general application of the duty;
Whereas the Shell Chemical Com pany is no longer producing p-xylene and 
reference to that company in the duty should therefore be deleted,
H A S  A D O P T E D  THIS REG ULATIO N:
A rticle  1
A rticle  1(2) and (3) of Regulation (EEC) N o  2940/81 are hereby replaced by 
the following:
"2. T h e  duty shall not apply to p-xylene exported by:
Am oco Chemicals Corporation 
Arco Chemical Com pany
Exxon Chemical International Supply S A
Hercofina
Koch Chemical Co.
P h illip s Paraxylene Inc. and International Petroleum Sales Inc., Panama,
members of the P h illip s Petroleum Group
Sunoco Overseas Inc. and Sun International Inc.
Tenneco Oil Com pany
3. The rate of the duty shall be 14,70% on the basis of the customs value 
determined in accordance with the provisions in force with regard to 
customs duties."
A rticle  2
The Regulation shall enter into force on the day following its  publication in 
the O ffic ia l Journal of the European Communities.
This Regulation shall be binding in its  entirety and d ire ctly applicable 
in a ll Member States.
Done at Brussels, For the Council