WHEREAS SOME IMPORTERS HAVE , HOWEVER , STATED THAT THE ROMANIAN TUBES WERE PARTLY ACCEPTED IN RETURN FOR EXPORTS TO ROMANIA AND THAT THE LATTER ARE BEING HAMPERED BY THE COMMISSION INTERVENTION ; WHEREAS THIS DOES NOT , HOWEVER , DETRACT FROM THE FACT THAT THE IMPORTS IN QUESTION WERE MADE AT DUMPING PRICES ; WHEREAS THE COMMISSION FOUND THAT THE DUMPED TUBES WERE IN SOME CASES EVEN SOLD AT A LOSS ; WHEREAS THE PRICES OF THE ROMANIAN TUBES WERE , IN ANY CASE , UP TO 20 % LOWER THAN THE GERMAN PRODUCERS' MARKET PRICE ; WHEREAS IN VIEW OF THE EXTENT OF THE INJURY RESULTING THEREFROM THAT THE DIFFICULT SITUATION FACING EUROPEAN TUBE PRODUCERS , THE COMMISSION HAS THEREFORE BECOME CONVINCED THAT THE INTERESTS OF THE COMMUNITY MAKE PROTECTIVE MEASURES NECESSARY ;
WHEREAS ON BEING PRESENTED WITH THESE FINDINGS THE ROMANIAN EXPORTER , METALIMPORTEXPORT , BUCHAREST , OFFERED A PRICE UNDERTAKING WHICH APPEARS TO BE SUFFICIENT TO ELIMINATE THE INJURIOUS EFFECTS OF THE IMPORTS IN QUESTION IN THE FUTURE ;
WHEREAS THE PROCEDURE MAY THEREFORE BE TERMINATED WITHOUT THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY ;
WHEREAS , AS FAR AS DUMPING BY THE ROMANIAN EXPORTER AND THE MATERIAL INJURY TO THE BRANCH OF THE COMMUNITY INDUSTRY IN QUESTION ARE CONCERNED , THE INTERESTS OF THE COMMUNITY NEVERTHELESS CALL FOR THE DEFINITIVE COLLECTION OF THE PROVISIONAL DUTY ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE AMOUNTS SECURED BY WAY OF PROVISIONAL ANTIDUMPING DUTY PURSUANT TO REGULATION ( EEC ) NO 250/82 SHALL BE DEFINITIVELY COLLECTED IN SO FAR AS THE CUSTOMS VALUE OF THE IMPORTED GOODS WAS LESS THAN DM 820 PER TONNE .
ARTICLE 2
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD 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 , 25 MAY 1982 .
FOR THE COUNCIL
THE PRESIDENT
L . TINDEMANS
( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .
( 2 ) OJ NO C 299 , 18 . 11 . 1981 , P . 2 .
( 3 ) OJ NO L 26 , 3 . 2 . 1982 , P . 5 .