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COM (83) 086 
 
 
 
Vol. 1983/0 029 
  
 
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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 openi ng to the public of the historical archives of the European Econom ic 
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amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
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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  
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COMMISSION  OF THE EUROPEAN  COMMUNITIES 
COM(83)  86 final 
Brussels,  11 February  1983 
Proposal  for a 
COUNCIL  REGULATION  (EEC) 
imposing a definitive anti-dumping duty on imports of certain sodium carbonate 
originating in the United States of 
Amer ica 
(submitted to the Council by the Commission) 
COM(83)  86 final 

EXPLANATORY  MEMORANDUM 
1. On 11 November 1982, by Regulation (EEC) No  3018/82  (1), the Commission 
imposed  a provisional anti-dumping duty on imports of dense sodium 
carbonate originating in the United States of America. This duty 
expires on 12 March 1983. 
2. After the imposition of the provisional duty, some exporters, and 
potential exporters requested and  were  granted hearings during which 
they made their views known and  were  presented  with  the findings of 
the investigation. Equally, consumers' representatives were, upon 
their request, heard by the Commission and made their views known. 
The Commission,  after  careful examination of the arguments put forward, 
modified the provisionally established dumping margin for imports made 
by one US exporter, and consequently amended the provisionally established 
weighted average dumping margin for exports from the United States. 
3. With  regard to injury, no fresh evidence has been submitted to the 
Commission  since the imposition of the provisional duty. In the 
Commission's  view, the facts as finally determined show  that  the effects 
of the dumped imports of dense sodium carbonate originating in the 
United States of America, taken in isolation, have to be considered as 
constituting material injury. 
4. One US exporter and one potential exporter offered price undertakings 
which are acceptable. 
5. On the basis of these facts, the Commission therefore submits to the 
Council  its proposal for a Council Regulation, imposing a definitive 
anti-dumping duty on imports of dense sodium carbonate from the United 
States of America. 
It is further proposed  that  the amounts secured by way of provisional 
duty should be collected definitively up to the level of the definitive 
duty proposed. 
(1) OJ L  317,  13.11.1982,  p. 5 

Proposal  for a  COUNCIL  REGULATION  (EEC) 
imposing a definitive anti-dumping duty on imports of certain 
sodium carbonate originating in the united States of America 
THE COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) No 3U17/79 of 20 December 1979 
on protection against dumped or subsidized imports from countries not 
members of the European Communityd), as amended by Regulation (EEC) 
No 1580/82(2), and in particular Article 12 thereof; 
Having regard to the proposal submitted by the Commission after consultation 
within  the Advisory Committee as provided for by  that  Regulation, 
Whereas  by Regulation (EEC) No 3018/82(3) the Commission imposed a provisional 
anti-dumping duty on imports of dense sodium carbonate originating in the 
United States of America which was 24,63  ECU  per tonne except for exports 
made by Texasgulf Chemicals Company for which the amount of the duty was 22.24 ECU 
per tonne,  accepted  undertakings  offered  by Allied  Corporation  and FMC 
and terminated  the proceeding  in respect  of these  exporters; 
Whereas  after  the imposition  of the  provisional  duty  the Commission  continued 
its ivestigation; 
Whereas  one exporter,  two potential  exporters  and a consumer  organisation, 
the Glass  Manufactures  Federation  on the  United  Kingdom,  requested,  and 
were  granted,  an opportunity  to be  heard  orally  by the Commission;  whereas 
another  exporter  made  known  its views  in writing; 
Whereas  Texasgulf  Chemicals Company  submitted  new evidence  concerning its 
export  costs  which  were  verified  and  fouihd  acceptable;  whereas  on the basis 
(1) OJ No L  339,  31-12.1979,  p. 1. 
(2) OJ No L 1?8,  22.6.1982,  p. 9-
(3) OJ No L  317,  13.IL1982,  p. 5· 

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of this  new  evidence  the dumping margins, expressed  as a  percentage  of the  price 
free-at-Community-frontier, vary  for shipments  by Texasgulf Chemicals 
between  10,52%  and 20,58%,  the weighted average margin being  14,59%; 
whereas  no other  new  evidence  on dumping  has  been received since  the 
imposition  of the  provisional  duty;  whereas, therefore,  the  weighted 
average  dumping margin  for all  US export shipments investigated  is 
definitively established  at 16,50%; 
Whereas,  moreover,  no further  evidence regarding  injury  to the  Community industry 
and particularly  the  UK industry  has  been submitted  to the  Commission 
since  the imposition  of the  provisional  duty; 
Whereas  the consumers  in the  UK have argued  that  protective measures taken  by the 
Commission,  if maintained, would  not be in the  Community's  and the  UK's interest 
because  it would make them  less  competitive; whereas,  in view  cf the  economic  and 
social  importance  of the  Community industry  and  particularly  the  UK industry which 
is most involved  and the  relative effect  of a  comparatively modest price increase 
on the costs  of the  processing industry,  it is  nevertheless concluded  that it is 
in the Community's interest  that  definitive action  be taken; 
Whereas  Stauffer Chemical Company  and Texasgulf Chemicals Company offered 
price undertakings regarding  future  exports  to the  Community; 
Whereas,  after consultation, these undertakings were found  to be  acceptable 
and it was not  necessary  to impose measures against imports  of the 
product exported  by these companies; 

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Whereas,  in these circumstances, protection of the Community's interests 
calls  for the imposition of a definitive anti-dumping duty on imports 
of dense sodium carbonate originating in the United States which, having 
regard to the  injury  caused,would be equal to the weighted average 
dumping margin established; whereas this margin is 16,50%; 
Whereas  it is appropriate to express the anti-dumping duty as a fixed 
amount in  ECU  per tonne; whereas this amount is 23,15 ECU per tonne for 
imports of dense sodium carbonate from the United States; whereas this duty 
would have been 20,07 ECU per tonne for exports made by Texasgulf Chemicals 
Company; 
Whereas  the amounts secured by way of provisional anti-dumping duty 
should be collected up to 20,07  ECU  per tonne for imports by Texasgulf 
Chemicals  Company and 23,15  ECU  per tonne for all other imports; 
HAS ADOPTED  THIS  REGULATION: 
Article 1 
1. A definitive anti-dumping duty is hereby imposed on dense sodium 
carbonate falling  within  Common Customs Tariff subheading 28.42 A ex II 
and corresponding to  NIMEXE  code ex 28.42-31, originating in the United 
States  of America. 

- 4 -:• 
2. The  duty  shall not apply to dense sodiuffl g§pfegn§ti §xported by Allied 
Corporation, FMC, Stauffer Chemicals Company and Texasgulf Chemicals Company. 
3. The amount of the  duty  shall be 23,15  ECU  £§P t@hrl§. 
4. For the purposes of this Regulation, den§§ §§^iyffl  iiffeeniti  means 
sodium carbonate  with  a specific gravity exceding 0,70 kg/dm3  and 
consisting of grains of a diameter between0,25  and 0,6  mm. 
5. The provisions in force concerning custonj|§ d ,y?i§§ ihiU apply for  the 
application of the  duty. 
Article 2 
The sums secured by way of provisional  duty  UR£|§F Rg§yl:§li§R (ffC) No 
3018/82 shall be definitively collected up to £nJ iffl@yFj£ §f 10,07 ICU 
per tonne for imports by Texasgulf Chem.icals  C;8Ffl|3§Ry  SFjfjJ23,15  ECU 
per tonne for all other imports. 
Article 3 
This Regulation shall enter  intg  force on the  day of  its oublication 
in the Official Journal of the European communities. 
Done at Brussels For the Council