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Vol. 1983/0 211 
  
 
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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 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, 
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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. 
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Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
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COMMISSION OF THE EUROPEAN COMMUNITIES
C0M183) 558 final 
Brussels, 19 September 1983
Proposal for a 
CQyNCIL_REGyLATION_(EEC)
imposing a definitive anti-dumping duty on imports of certain 
glass textile fibres (rovings) originating in Czechoslovakia, 
the German Democratic Republic and Japan
(submitted to the Council by the Commission)

■EXPLANATORY MEMORANDUM
On June 15 1983, by Regulation (EEC) No 1631/83(1) the Commission imposed 
a provisional anti-dumping duty on imports of certain glass textile 
fibres (rovings) originating in Czechoslovakia, the German Democratic 
Republic and Japan. This duty expires on 18 October 1983.
After the imposition of the provisional duty the exporters in Czechoslovakia 
and the German Democratic Republic and certain importers requested hearings 
during which they made their views known. They strongly contested the 
selection of the US market as the analogue country for the normal value 
determination. Their main argument was that the quality between the 
products is quite different. The Commission, after careful consideration 
of the arguments put forward, amended the provisionally established 
weighted average dumping margins as follows: Czechoslovakia 56.03%,
German Democratic Republic 62%.
The provisionally established weighted average dumping margin for Japan 
remained unchanged (21.25%).
. With regard to the injury suffered by the Community industry, the main 
arguments put forward by the interested parties concerned the losses 
carried by the Community producers and the resale prices of the imported 
products into the Community. After careful examination of the facts as 
finally determined and in connection with the conclusions on injury reached 
in Regulation (EEC) No 1631/83, the injury
caused by dumped imports of glass textile fibres originating in Czechoslovakia 
the German Democratic Republic and Japan, taken in isolation from that 
caused by other factors, has to be considered as material) and action must 
be taken.
4. Considering that no satisfactory price undertakings have been submitted, with 
the exception of the price undertaking submitted by Nippon Electric Co and 
C Itoh Co before the imposition of the provisional duty, the protection 
of the Community's interests calls for the imporition of a definitive anti­
dumping duty and for the c llection of the provisional duty. The amount 
of this duty shall be equal to the amount by which the price per kg net free- 
at-Community frontier, before duty, is less than 1.03 ECU.
(1) 0J No L 160, 18.6.1983, p. 18.

Proposal for a
COUNCIL REGULATION (EEC)
impcs rig a definitive anti-dumping duty on imports of certain 
glass textile fibres (rovings) originating in Czechoslovakia, 
the German Democratic Republic and Japan
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 (1),, as amended by Regulation 
(EEC) No 1580/82 (2), and in particular Article 2 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
' I  The Commission, by Regulation (EEC) No 1531/83 (3), imposed a provisional 
anti-dumping duty on imports of certain glass textile fibres (rovings) 
originating in Czechoslovakia, the German Democratic Republic and 
Japan and terminated the procedure concerning certain glass textile
fibres (mats) originating in Czechoslovakia and the German Democratic 
Republic, no injury having been caused bv these imports during the oeriod 
under review.
(1) 0J No L 339, 31.12.1979, p. 1.
(2) 0J No L 178, 22.6.1982, p. 9.
(3) 0J No L 160, 18.6.1983, p. 18.

B. Subsequent procedure
Following the imposition of the provisional anti-dumping duty the 
Czechoslovakian and the German Democratic Republic exporters, certain 
importers and Community producers concerned requested, and were 
granted, an opportunity to be heard by the Commission. Other exporters 
and importers made written submissions making known their views on 
the duty.
The exporters and main importers requested to be informed of certain 
facts and essential considerations on the basis of which it was 
intended to recommend definitive action and these requests were granted.
The main arguments put forward by the parties and considered by the 
Commission since the imposition of the provisional measures concerned 
the comparability of the products involved and the injury caused by 
the dumped imports.
C. Like product
It was argued by the Czechoslovakian and German Democratic Republic 
exporters and several importers that the products in question originating 
in these two countries, the products manufactured in the United States, 
which were used to determine the normal value,and the products manufactured 
by the Community producers were not like products within the meaning of 
Article 2 (12) of Regulation (EEC) No 3017/79. This argument was 
supported by a considerable amount of evidence such as technical 
comments, studies made by experts and letters from users of these products. 
The Community producers refuted this argument and provided .
evidence to demonstrate that the products were indeed like products within 
the meaning of the said Regulation.

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6.  The Cc minission, after careful examination of all relevant arguments 
concluded that as regards physical characteristics the products 
closely resemble one anotherand that, in a great majority of cases, 
they can be used for the same applications irrespective of the country 
of origin. Therefore, the Commission has concluded that they are 
like oroducts but granted certain allowances for quality differences.
Based on the information received these allowances for differencesin quality were 
set at 10% for Czechoslovakia unci 15% for the German Democratic Republic.
D. Dumpi ng
7. Consequently the preliminary determinations of dumping are modified 
with respect to Czechoslovakia and the German Democratic Republic.
The dumping margins now amount to 56.03% for Czechoslovakia and 62% 
for the German Democratic Republic.
8.  No new evidence on dumping with respect to Japan has been received 
since the imposition of the provisional duty and
the findings on dumping as set out in Regulation 
(EEC) No 1631/83 are therefore considered to be definitive.
E. Injury
9. With regard to the injury suffered by the Community industry, the main 
arguments put forward by the interested parties were that low price 
imports from other third countries have increased substantially in recent 
years and are comparable to the volume of the dumped imports. It has been 
found, however, that the prices of these imports are significantly 
higher than the prices of imoorts from the countries in question.

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F- Community interest
10. Community processing industries which use glass textile fibres as input materials 
have continued to argue that the introduction of protective measures was not in 
the Community’s interest because it would make them less competitive.
11. In view, however, of the particularly serious losses which the Community 
producers are incurring in the production and sale of the products concerned 
and in order to avoid the danger that other plants may close in addition
to the two already closed since 1981. the Council has come to the conclusion 
that on balance it is in the Community's interests that action be taken.
In these circumstances, protection of the Community's interests calls 
for the imposition of a definitive anti-dumping duty on imports of glass 
textile fibres (rovings) originating in Czechoslovakia, the German Democratic 
Republic and Japan.
G. Amount of definitive duty
12. For the provisional duty the Commission had fixed the level required to '  
eliminate injury at the amount by which the free-at-Community-frontier price, 
before duty, was less than 0.97 ECU per kilogram. The Community industry 
argued that this price was too low because the unit cost of the Community 
producers' products would still be higher than the likely resale price of 
the imports following imposition of the provisional duty.
13. Accordingly, the production costs of each
Community producer were rechecked and the more detailed product by 
product cost information confirmed that unit production costs were higher 
than the resale prices of the imports and that an increase of the duty 
was necessary.
14. Having therefore compared the Community producers'
weighted average prices and costs, account being taken of their profit margins,
with the individual importers' costs and special marketing conditions,
where available, and having made allowances for quality differences and differences
in conditions and terms of sale where necessary, it has been concluded
that the definitive anti-dumping duty should be the amount by which the free-
at-Community frontier net price, before duty, is less than 1.03 ECU per
kilogram for glass textile fibres (rovings).

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H.  Undertakings
15. An undertaking was offered by the Czechoslovakian exporter, Olassexport 
Co Ltd, The Commission, after consultation, considered that this 
undertaking was not acceptable since its terms would have led to the 
elimination of neither dumoing nor injury.
16. Under these circumstances the application of the duty shall be limited
to those exporters who have not been, named as being excluded from the duty.
I.  Collection of provisional duty
17. in view of the extent of the dumping and iniury found and the critical 
situation of the Community industry, the amounts secured by way of 
provisional anti-dumping duties should be definitively collected.
HAS ADOPTED THIS REGULATION: ,  / ----
Ar
ticle 1
1. A definitive anti-dumping duty is hereby imposed on imports of continuous glass 
textile fibres (rovings) falling within subheading ex 70.20  B of the
Common Customs Tariff corresponding to NIMEXE code 70.20-70,  originating 
in Czechoslovakia/ the German Democratic Republic and Japan.
2. The amount of the duty shall be equal to the amount by which the 
price per kilogram free-at-Community-frontier before duty is less than 
1.03 ECU.
The free-at-Community-frontier prices shall be net if the conditions 
of sale provide for payment within 30 days from the date of shipment; 
they shall be reduced or increased by 1% for each increase or decrease 
of one month in the period for payment.

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3. The duty shall not apply to products originating in Japan 
produced by Nippon Electric Co., Otsu, Japan and exported by 
C Itoh & Co Ltd, Osaka, Japan.
4. The provisions in force concerning customs duties shall apply 
for the application of the duty.
Article 2
The sums secured by way of provisional anti-dumping duty under 
Regulation (EEC) No 1631/83 shall be definitively collected.
Article 3
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