CELEX: 31979K0294
Language: en
Date: 1979-02-13 00:00:00
Title: Commission Recommendation No 294/79/ECSC of 13 February 1979 imposing a provisional anti-dumping duty on certain hematite pig iron originating in Brazil

16 . 2 . 79                               Official Journal of the European Communities                            No L 41 / 29
                                   COMMISSION RECOMMENDATION No 294/79/ ECSC
                                                           of 13 February 1979
                  imposing a provisional anti-dumping duty on certain hematite pig iron origi
                                                             nating in Brazil
THE COMMISSION OF THE EUROPEAN                                         overall imports into the Community have thus
COMMUNITIES,                                                           achieved a market share of 33 % and imports origi­
                                                                       nating in Brazil a market share of 1 9 % ;
Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Articles
74 and 86 thereof,                                                     Whereas in 1978 the evolution of imports was influ­
                                                                       enced by anti-dumping measures and the conclusion
Having regard to Commission recommendation                             of arrangements with respect to trade in steel products
77/ 329 / ECSC on protection against dumping or the                    between the Community and most of the supplying
granting of bounties or subsidies by countries which                   countries ; whereas, however, Brazil has been able to
are not members of the European Coal and Steel                         keep an important share of the market, namely 12 % ,
Community ('), as amended by recommendations No                        during the first nine months of 1978 ; whereas this
3004/77/ ECSC (2 ) and No 1 58 /79/ ECSC (3), and in                   market share threatens to increase again in 1979 ;
particular Articles 15 and 19 thereof,                                 whereas on the other hand the Community industry is
Having heard the opinions expressed within the Advi­                   in a state of crisis characterised by a reduction in the
sory Committee provided for by recommendation                          region of 28-2 % in deliveries in the Community of
77/329 / ECSC ,                                                        the products concerned between 1974 and 1978 and
                                                                       by the number of employees affected by redundancies
Whereas the Community has published basic                              and short time working in the firms concerned which
prices (4) established on the basis of the lowest normal               has gone from about 6 000 to 4 000 between 1974 and
prices or normal costs of production in the supplying                   1978 , and finally that the industry showed reduced
country or countries where normal conditions of                        profits or serious losses in most of the firms
competition prevail and including the costs of trans­                  concerned ;
port, insurance and customs duties ;
Whereas, the Community having received a                               Whereas the prices of imports into the Community of
complaint alleging that dumping exists on the part of                  products which originate in Brazil are considerably
Brazilian exporters of the products mentioned in                       lower than the prices for sales within the Community
Article 1 of this recommendation from which material                   of these products mde by the European industry ;
injury has resulted, has opened an investigation (5)                   whereas this undercutting jeopardizes the equilibrium
concerning the products in question ;                                  of the whole price system, both in so far as it
Whereas the Commission                has ascertained that the
                                                                       concerns the European producers and the producers
                                                                       in those other supplying countries which have
prices of imports into the Community of the products                   concluded arrangements with respect to tirade in steel
in question originating in Brazil are below the basic                  products ; whereas, consequently, these imports are
prices published by the Commission for these same
                                                                       causing or threaten to cause a material injury to the
products ; whereas it thus appears from a preliminary                  Community industry or to a major part thereof ;
examination that dumping exists ;
Whereas, with regard to the injury to the industry                     Whereas immediate action has been requested by a
concerned , the evidence submitted to the Commis­                      Member State ;
sion shows that, on the one hand imports into the
Community of the products in question have
increased overall         from 416 000 tonnes in           1974 to     Whereas, in the serious conditions being experienced
713 000 tonnes in 1977, while imports originating in                   by the Community industry, the interests of the
Brazil have increased from approximately 0 tonnes to                   Community require immediate action ;
401 000 tonnes during the same period ; whereas
                                                                       Whereas it is for the Commission, without prejudice
(')  OJ No L 1 14, 5, 5 . 1977 , p. 6.                                 to the results of the investigation opened in accor­
(2)  OJ No L 352, 31 . 12 . 1977, p . 13 .                             dance with Article 1 1 of recommendation 77/329/
(3)  OJ No L 21 , 30 . 1 . 1979 , p. 14 .                              ECSC, to decide promptly to apply provisional
(4)  See the Commission communication of 31 . 12. 1977
     concerning the basic price of certain steel products (OJ          measures consisting of the imposition of a provisional
     No L 353 , 31 . 12. 1977, p. 1 ), as amended by the commu­        anti-dumping duty on imports of the products
     nications of 1.4 . 1978 (OJ No L 87 , 1 . 4 . 1978 , p. 4), 13 .  concerned originating in Brazil, the rate of which
     5 . 1978 (OJ No L 126, 13 . 5 . 1978 , p . 6), 5 . 7. 1978 (OJ
     No L 183 , 5 . 7 . 1978 , p. 3) and 30 . 12 . 1978 (OJ No L       corresponds to the difference between the basic price
     372, 30 . 12 . 1978 , p . 2).                                     published by the Commission for these products and
(5 ) OJ No C 35, 8 . 2 . 1979 , p. 3 .                                 their import price into the Community,
 ---pagebreak--- No L 41 / 30                       Official Journal of the European Communities                              16 . 2. 79
HAS ADOPTED THIS RECOMMENDATION :                             4.    This duty shall be collected on the same basis as
                                                             customs duties .
                        Article 1
1 . A provisional anti-dumping duty is hereby                                        Article 2
imposed on the following products originating in
Brazil :                                                     The entry of the products described in Article 1 for
                                                              consumption within the Community shall be condi­
— hematite pig iron with a content of more than               tional upon the deposit of a security for the amount of
    1 % silicon and containing at least 0-1 % of              the provisional duty.
    manganese by weight,
— Common Customs Tariff subheading ex 73.01 B,
— NIMEXE codes 73.01-23 , 25 .                                                        Article 3
2. The amount of this duty shall be the amount by             This recommendation is addressed to the Member
which the effective price (basic price plus extras) esta­     States .
blished by contract, free at frontier duty-paid, is lower
than the effective price (basic price plus extras) for        This recommendation will come into effect in each
these products most recently published by the                 Member State from the date of its publication in the
Commission at the time of its entry for consumption           Official Journal of the European Communities.
within the Community.
3 . The amount of this duty shall, however, be
reduced to the extent that the importer establishes to        Done at Brussels, 13 February 1979 .
the satisfaction of the competent national authorities
that the price differential referred to in paragraph 2
                                                                                        For the Commission
above is due to a diminution in value resulting from
the fact that the quality of these products is inferior to                               Étienne DAVIGNON
the lowest quality described in the last publication of
basic prices by the Commission .                                                    Member of the Commission