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COM (83) 542 
 
 
Vol. 1983/02 06 
  
 
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 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, 
27.9.2003, p. 1), t his 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. 
Februa r 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 v om 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) 542 final.
Brussels, 8 September 1983
Proposal for a  
C O U N C I L  REGULATION (EEC)
imposing a definitive anti-dumping duty on imports of copper sulphate
originating in Czechoslovakia and the USSR and accepting an
undertaking offered by a Czech exporter
( s u b m itte d  to  th e  C o u n c il b y  th e  C o m m i ssion)
COM(83) 542 final

EXPLANATORY MEMORANDUM
Following the receipt of a complaint from the Council of European Chemical  
Manufacturers Federations (CEFIC) representing virtually all Community  
production of copper sulphate the Commission undertook an investigation  
which resulted in the imposition of a provisional anti-dumping duty on  
imports of copper sulphate from Czechoslovakia and the USSR (Regulation  
(EEC) No 1479/83, OJ No L 151, 9.6.1983). The rates of duty were 15 and  
17% respectively.
Dumping was established by comparing the Czechoslovakian and Soviet export  
prices with a normal value based on Yugoslav production costs. The Yugoslav  
market was considered appropriate since the Commission had recently carried  
out an anti-dumping investigation concerning imports of copper sulphate from  
Yugoslavia resulting in the Council imposing a definitive anti-dumping duty  
(OJ No L 55, 2.3.1983). In addition, according to the information available,  
this normal value was the most favourable to the Czechoslovakian and Soviet  
exporters since the prices of other market economy producers, e.g. in  
Austria, tended to be higher.
In order to find the level of injury sustained by the Community producers  
the Commission examined their production and associated costs and established  
that these costs were higher than the free Community frontier price of the  
Czechoslovakian and Soviet exporters. The provisional duty brought the  
price of the imported products to the level which eliminated the injury to  
the Community producers.
The Commission, having received no new evidence to alter its provisional  
findings, proposes that the Council imposes a definitive anti-dumping duty  
on imports of copper sulphate from Czechoslovakia and the USSR. In order to  
prevent renewed dumping by a further decrease in export prices it is proposed  
that the level of duty be either the difference between the Community frontier  
price and the price required to eliminate the injury, i.e. 507 ECU for  
product of Czechoslovakian origin and 475 ECU for product of Soviet origin  
or the respective ad valorem percentages, whichever is the higher.
A Czechoslovakian exporter has offered a price undertaking at the level of  
the above increased price and it is proposed that this undertaking be accepted.
The Anti-Dumping Committee is unanimously in favour of this proposal.

Proposal for a  
COUNCIL REGULATION (EEC)
imposing a definitive anti-dumping duty on imports of copper  
sulphate originating in Czechoslovakia and the USSR and accepting  
an undertaking offered by a Czech exporter
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 Community(1), 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 under the  
above Regulation,
Whereas :
A.  Provisional action
1. The Commission, by Regulation (EEC) No 1479/83 (3), imposed a  
provisional anti-dumping duty on imports of copper sulphate  
originating in Czechoslovakia and the USSR.
B.  Subsequent procedure
2. Following the imposition of the provisional anti-dumping duty the Czech  
exporter and certain importers requested, and were granted, an  
opportunity to be heard by the Commission.
The Czech exporter and certain importers also 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
(1) 0J No L 339, 31.12.1979, p. 1.
(2) 0J No L 178, 22.6.1982, p. 9.
(3) 0J No L 151, 9.6.1983, p. 24.

-  2 -
C . Dum ping
3. The Commission had, for the imposition of the provisional duty,  
established normal value on the basis of figures obtained in  
Yugoslavia, which was considered the most appropriate market  
economy country producing copper sulphate.
The Czech exporter, however, requested that Austria be considered
as an appropriate market for establishing normal value. On the
basis of the facts available to the Commission, however, the
normal value established during the preliminary investigation was more
favourable to the exporters than the equivalent Austrian figure and, consequently,
the preliminary determinations regarding normal value and dumping
are confirmed. The exporters concerned accepted these findings.
D.  Inj ury
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 1479/83.
In the Commission's view, therefore, the facts as finally determined  
show that the injury being caused by dumped imports of copper  
sulphate originating in Czechoslovakia and the USSR, taken in  
isolation from that caused by other factors, has to be considered  
as material.
E. Community Interest
5. No new evidence from Community processing industries or other interested  
parties in the Community has been submitted since the imposition of the  
provisional duty and the Commission, therefore, considers its  
findings on Community interest as set out in Regulation (EEC) No 1479/83  
confirmed.

- 3 -
In these circumstances, protection of the Community's interests  
calls for the imposition of a definitive anti-dumping duty on  
imports of copper sulphate originating in Czechoslovakia and  
the USSR.
F. Definitive duty
6. In the light of the above determination the amount of the definitive anti­
dumping duty should be at the same level as the amount of the provisional  
anti-dumping duty. However, in order to prevent increased dumping as well  
as injury through further decreases in export prices, it has been. '  
necessary to express the level of duty in a form additional to the ad  
valorem percentage of the provisional duty. Accordingly, the amount of-the  
definitive duty shall be either the amount by which the free-at-Community  
frontier price, before duty, to the first importer in the importing Member  
State is less than 507 or 475 ECU for the USSR and the Czech products  
respectively or the amount determined by applying the appropriate  
percentage level of the provisional duty, whichever is the higher.
G.  Undertaking
7. The exporters concerned were informed of the main findings of the  
subsequent investigation. A price undertaking was subsequently  
offered by the Czech exporter Chemapol concerning its exports of  
copper sulphate to the Community.
The effect of the said undertaking will be to increase import  
prices to the Community to the level which the Commisison, having  
taken into account, on the one hand, the prices necessary to provide  
an adequate return to Community producers and, on the other hand,  
the price paid by the first purchasers in the Community of the  
dumped product, considered necessary to eliminate injury.
In these circumstances, the.undertaking offered is considered acceptable  
and the imposition of the definitive anti-dumping duty should not  
apply to exports of copper sulphate by Chemapol to the Community.
No objection to this was raised in the Advisory Committee.

H. Collection of provisional duty
8.  The amounts secured by way of provisional anti-dumping duties should be  
collected definitively in view of the critical situation in the Community  
industry caused by the dumped imports which have shown a marked increase  
in volume since the opening of the investigation.
HAS ADOPTED THIS REGULATION:
Article 1
I. A definitive anti-dumping duty is hereby imposed on imports of copper  
sulphate falling within subheading ex 28.38 A II of the Common Customs  
Tariff, corresponding to NIMEXE code 28.38-27, originating in Czechoslovakia  
and the USSR.
2. The amount of the duty shall be equal to:
either the amount by which the price per tonne net, free at Community frontier,  
before duty, is less than:
- 507 ECU for copper sulphate originating in Czechoslovakia and
- 475 ECU for copper sulphate originating in the USSR
or the following percentages of that price:
- 15% for copper sulphate originating in Czechoslovakia and
- 17% for copper sulphate originating in the USSR,
whichever is the higher.
3. The duty shall not apply to products originating in Czechoslovakia and  
exported by Chemapol Foreign Trade Company Limited, Prague.
4. The provisions in force with regard to customs duties shall apply to  
the said duty.
Article 2
The price undertaking offered by Chemapol Foreign Trade Company Limited is  
hereby accepted.
Article 3
The sums secured by way of provisional anti-dumping duty under Regulation  
(EEC) No 1479/83 shall be definitively collected in their entirety.
Article 4
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.
D on e at Brussels, For the Council