PROPOSAL FOR A COUNCIL REGULATION (EEC) IMPOSING DEFINITIVE ANTI-DUMPING DUTIES ON IMPORTS OF CERTAIN WELDED TUBES, OF IRON OR NON-ALLOY STEEL, ORIGINATING IN TURKEY OR IN VENEZUELA AND DEFINITIVELY COLLECTING THE PROVISIONAL ANTI-DUMPING DUTIES IMPOSED ON SUCH IMPORTS
Date: 1991-03-15
Institutions: European Commission
Subjects: Türkiye, Venezuela, anti-dumping duty, import, tube

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 80 final 

Brussels, 15 March 1991 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

imposing  definitive  anti-dumping  duties on  imports of 

certain  welded  tubes, of  iron or non-alloy  steel, 

originating  in Turkey or  in Venezuela and 

definitively  collecting the provisional 

antI-dumping  duties  imposed on 

such  imports 

(presented  by the Commission) 

- 2 -

EXPLANATORY MEMORANDUM 

1.  With  Commission  Regulation  (EEC)  No  3617/90  of  11 December  1990, 

provisional  anti-dumping  duties  were  imposed  on  imports  of  welded 

tubes, of  iron or non-alloy steel, originating  in Turkey and Venezuela 

and undertakings  in connection with such  imports were accepted. 

2.  Having  been  informed  of  the  main  conclusions  of  the  investigation, 

none  of  the  parties  concerned  made  known  their  views  in writing or 

applied to be heard by the Commission. 

3.  In accordance with the provisions of Article 12 of Council Regulation 

(EEC) No  2423/88  the Commission, after  consultation  of  the Advisory 

Committee,  proposes  to  impose  definitive  anti-dumping  duties  on 

imports of  welded  tubes, of  iron or  non-alloy  steel, originating  in 

Turkey  and  Venezuela.  The  duty  shall  not  apply  to  the  following 

companies  of  which  price  undertakings  have  been  accepted  by  the 

Comm i ssIon : 

Borusan Birlesik Boru Fabrikalari A.S., Turkey 

Borusan  Ihracat  I thai at ve Dagitim A.S., Turkey 

YUcel Boru ve Profil Endtistrisi A.S., Turkey 

Cayirova Boru Sanayi ve Ticaret A.S., Turkey 

YUcel Boru  Ihracat  I thai at ve Pazarlama A.S., Turkey 

Conduven,  Caracas, Venezuela  and  its  exporter,  Connectors,  New 

York, USA. 

The Commission  also proposes  to collect  definitively  the provisional 

duties. 

-  3 -

Proposal  for a 

COUNCIL RÇGAJLATIÇ-N (EEC) 

imposing  definitive  anti-dumping  duties on  imports of 

certain  welded  tubes, of  iron or  non-alloy  steel, 

originating  in Turkey  or  in Venezuela  and 

definitively  collecting  the  provisional 

anti-dumping  duties  imposed  on 

such  imports 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic  Community, 

Having  regard  to  Council  Regulation  (EEC)  No  2423/88  of  11  July  1988  on 

protection  against  dumped  or  subsidized  imports  from  countries  not  members 
of  the  European  Economic  Community1,  and  in  particular  Article  12 

thereof, 

Having  regard  to  the  proposal  from  the  Commission  submitted  after 

consultation  within  the Advisory  Committee  as provided  for  under  the  above 

Regulation, 

Whereas: 

A. Previous  action 

(1) By  Regulation  (EEC)  No  3617/902  the  Commission  imposed  a  provisional 

anti-dumping  duty  on  imports  of  certain  welded  tubes, of  iron  or  non-

alloy  steel,  originating  in  Turkey  or  in  Venezuela  and  accepted 

undertakings  offered  by  major  exporters  in  connection  with  such 

imports. 

1 

2 

OJ  No L 209, 02.08.1988, p. 1. 

OJ  No L 351, 15.12.1990, p. 17. 

-  4 -

B. Subsequent  procedure 

(2) Having  been  informed  of  the  main  conclusions  of  the  preliminary 

investigation, none of  the parties concerned made known their  views  in 

writing  or  applied  to  be  heard  by  the  Commission  within  the  period 

specified  in Article 3 of Regulation  (EEC) No 3617/90. 

C. Dumping 

(3) As  no new  evidence on  dumping  has  been  received  since  the  imposition 

of  the provisional  duties  in respect of  imports originating  in Turkey 

and  Venezuela,  the  findings  on  dumping  with  regard  to  Turkey  and 

Venezuela,  as  set  out  in Regulation  (EEC) No  3617/90, are  therefore 

considered  to be definitive. 

D.  Injury 

(4) With  regard  to  injury, as no new evidence has been  received  since  the 

imposition of  the provisional  duties  in respect of  imports originating 

in Turkey  and  Venezuela,  the  findings  as  set  out  in Regulation  (EEC) 

No 3617/90 are therefore confirmed. 

E. Community  interest 

(5) No observations  were  received  from  any  user  of  welded  tubes, of  iron 

or  non-alloy  steel,  imported  from Turkey  and Venezuela  and  subject  to 

provisional  anti-dumping  duties  within  the  time  limit  laid  down  in 

Article 3 of Regulation  (EEC) No 3617/90. 

-  5 -

(6) The  Commission's  conclusion,  that  it  is  in  the  Community's  interest 

that  action  be  taken,  is  therefore  confirmed.  Under  these 

circumstances,  in order  that  the  risk  of  circumvention  of  the  anti 

dumping measures  be minimized, protection of  the Community's  interest 

calls for  the  imposition of  definitive anti-dumping duties on  imports 

of  certain  welded  tubes, of  iron or  non-alloy  steel, originating  in 

Turkey and Venezuela. 

F. Rate of duty 

(7) The provisional  anti-dumping  duties were  calculated  as being  adequate 

to  remove  the  injury  to  the  Community  industry.  The  provisional 

findings of  the Commission  having  been  confirmed,  the  amounts of  the 

definitive  anti-dumping  duties  should  be  the  same  as  the  amounts  of 

the provisional  duties. 

G. Undertakings 

(8) The Turkish and Venezuelan producers/exporters which cooperated during 

the  investigation, having been  informed of  the preliminary findings of 

the  Commission  services  with  regard  to  dumping  and  injury,  offered 

price  undertakings  which,  after  consultation  within  the  Advisory 

Committee, have been accepted under Regulation  (EEC) No 3617/90. 

H. Collection of provisional  duty 

(9) In  view  of  the  high  level  of  the  dumping  margins  found  and  the 

seriousness  of  the  injury  caused  to  Community  producers,  it  is 

considered  necessary  that  amounts secured  by way of  provisional  anti 

dumping duty should be collected  in full. 

- 6 -

I. Consultation 

(10) 

The  Advisory  Committee  has  been  consulted  with  regard  to  this 

course of action and has raised no objection to the proposals. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. A definitive  anti-dumping  duty  is hereby  imposed on  imports of welded 

tubes, of  iron or non-alloy steel, threaded or  threadable, zinc coated or 

not,  of circular  cross-section, of an external  diameter  of  not more than 

168.3 mm, falling within CN codes 7306 30 51, 7306 30 59, ex 7306 30 71, 

(TARIC code: 7306 30 71*90), ex 7306 30 78, (TARIC code: 7306 30 78*90), 

originating  in Turkey or  in Venezuela. 

2. The rate of the duty shall be 18.5% for products originating  in Turkey 

(TARIC  additional  code  : 8511)  and  22.1%  for  products  originating  in 

Venezuela  (TARIC additional code  : 8513). The duty shall  be calculated on 

the net price, free-at-Community-front1er, customs uncleared. 

3.  Notwithstanding  paragraph  2,  the  duties  shall  not  apply  for  the 

products concerned 

- exported directly to the Community by 

- BORUSAN BIRLESIK BORU FABRIKALARI A.S.  (TARIC additional  code  : 8510) 

- BORUSAN  IHRACAT  ITHALAT VE DAGITIM A.S. (TARIC additional  code  : 8510) 

- 7 -

- YUCEL BORU VE PROFIL ENDUSTRISI A.S. (TARIC additional code  : 8510) 

- CAYIROVA BORU SANAYI VE TICARET A.S. (TARIC additional  code  : 8510) 

- YUCEL  BORU  IHRACAT  ITHALAT  VE  PAZARL AMA  A.S.  (TAR IC  additional 

code  : 8510) 

- produced by CONDUVEN, Caracas, Venezuela and exported by 

- CONNECTORS, New York, USA. (TARIC additional code : 8512). 

4. The provisions  in force concerning customs duties shall apply. 

Article 2 

The  amounts secured  by way of  provisional  anti-dumping  duty  pursuant  to 

Regulation (EEC) No 3617/90 shall be definitively collected  in full. 

Article 3 

This Regulation  shall  enter  into force on  the 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 

The President 

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