CELEX: 31979K0433
Language: en
Date: 1979-02-27 00:00:00
Title: Commission Recommendation No 433/79/ECSC of 27 February 1979 imposing a provisional anti-dumping duty on certain sheets and plates of iron or steel originating in Spain and repealing certain suspended anti-dumping duties

3 . 3 . 79                                Official Journal of the European Communities                               No L 53/21
                                 COMMISSION RECOMMENDATION No 433 /79/ ECSC
                                                          of 27 February 1979
                imposing a provisional anti-dumping duty on certain sheets and plates of iron
                or steel originating in Spain and repealing certain suspended anti-dumping
                                                                   duties
THE COMMISSION OF THE EUROPEAN                                           Whereas these arrangements expired on 31 December
COMMUNITIES,                                                              1978 and have been or are on the point of being
                                                                          renewed with most of the supplying countries, with
Having regard to the Treaty establishing the European                     the exception of Spain ;
Coal and Steel Community, and in particular Articles
74 and 86 thereof,                                                       Whereas the Commission has ascertained that the
                                                                          prices of imports into the Community of the products
Having regard to Commission recommendation                                in question originating in Spain are again below the
77/329/ECSC on protection against dumping or the                          basic prices published by the Commission for these
granting of bounties or subsidies by countries which                      same products ; whereas it appears from a preliminary
are not members of the European Coal and Steel                            examination that dumping exists ;
Community ('), as amended by recommendations No
3004/77/ ECSC (2) and No 158 /79/ ECSC (3), and in                       Whereas, with regard to the injury to the industry
particular Articles 15 and 19 thereof,                                    concerned, the evidence submitted to the Commis­
                                                                          sion shows that, on the one hand, the imports into the
Having heard the opinions expressed within the Advi­                      Community of the products in question originating in
sory Committee provided for by recommendation                            Japan, Czechoslovakia, Sweden, Romania, Austria,
77/ 329 / ECSC ,
                                                                          Finland, Poland, Hungary, Bulgaria, the German
Whereas the Community has published basic                                 Democratic Republic and Australia have increased
                                                                          from 1 062 000 tonnes in 1974 to 1 460 000 tonnes in
prices (4) established on the basis of the lowest normal
prices or normal costs of production in the supplying                     1977, while the imports originating in Spain have
country or countries where normal conditions of                           increased from approximately 18 000 to 96 000 tonnes
competition prevail and including the costs of trans­                     during the same period ; whereas imports from the
port, insurance and customs duties ;                                      abovementioned countries into the Community have
                                                                          thus achieved a market share of 15-1 % and the
Whereas the Community, having ascertained that                            imports originating in Spain a market share of 1-0 % ;
there was undercutting of these basic prices on the                       whereas in 1978 the evolution of imports was influ­
part of exporters from Spain and other supplying                          enced by anti-dumping measures and the conclusion
countries of the products mentioned in Article 1 of                       of arrangements with respect to trade in steel products
this recommendation from which material injury has                        between the Community and most of the supplying
resulted, has, by means of recommendation No 1704/                        countries ; whereas, however, Spain has been able to
78 /ECSC (5), modified by means of recommendation                         keep a significant market share, which, after the expi­
No 3140/78 / ECSC (6), imposed a definitive anti­                         ration of the abovementioned arrangement, threatens
dumping duty on the products in question ;                                to increase again in 1979 ; whereas, on the other hand,
                                                                          the Community steel industry is in a state of crisis
Whereas certain arrangements with respect to trade in                     characterized by a reduction in the region of 35 % in
steel products were concuded in 1978 between the                          deliveries in the Community of the products
Community and the most important supplying coun­                          concerned between 1974 and 1978 and by the
tries, including Spain, a solution which the Commis­                      number of employees affected by redundancies and
sion considers satisfactory ;                                             short-time working in the firms concerned which has
                                                                          decreased from 780 000 to 675 000 between 1974 and
Whereas, in        this situation , the        Commission       has        1978 ; whereas finally the steel industry showed
suspended the definitive anti-dumping duty by means                       reduced profits or serious losses in most of the firms
of recommendation No 1704/ 78 / ECSC ;                                    concerned ;
(') OJ No L 114, 5 . 5 . 1977 , p. 6 .                                    Whereas the prices of imports into the Community of
(2) OJ No L 352, 31 . 12. 1977, p . 13 .                                  products which originate in Spain are considerably
(3) OJ No L 21 , 30 . 1 . 1979 , p. 14 .
(4) See Commission publication of 31 December 1977                        lower than the prices for sales within the Community
    concerning the basic price of certain steel products (OJ              of the steel products made by the European industry ;
    No L 353 , 31 . 12 . 1977 , p. 1 ), modified by publications of       whereas this undercutting prevents the European
    1 April 1978 (OJ No L 87, p. 4), 13 May 1978 (OJ No L                 producers from obtaining the guidance price and
    126, p. 5) and 5 July 1978 (OJ No L 183 , p. 3) and of 30
    December 1978 (OJ No L 372, p. 2).                                    jeopardizes the equilibrium of the whole price system ,
(5) OJ No L 195, 20 . 7 . 1978 , p. 17 .                                  both in so far as it concerns the European producers
0) OJ No L 372, 30 . 12 . 1978 , p. 1 .                                   and the producers in those other supplying countries
 ---pagebreak--- No L 53/22                        Official Journal of the European Communities                                3 . 3 . 79
which have renewed the arrangements with respect to         3. The amount of this duty shall, however, be
trade in steel products ; whereas, consequently, these       reduced to the extent that the importer establishes to
imports are causing or threaten to cause a new ma­           the satisfaction of the competent national authorities
terial injury to the Community industry or to a major        that the price differential referred to in paragraph 2
part thereof ;                                              above is due to a diminution in value resulting from
                                                             the fact that the quality of these products is inferior to
Whereas immediate action has been requested by a             the lowest quality described in the last publication of
Member State ;
                                                             basic prices by the Commission.
Whereas, because of the serious conditions being expe­
                                                             4.    This duty shall be collected on the same basis as
rienced by the Community iron and steel industry,            customs duties.
the interests of the Community require immediate
action ;
                                                                                     Article 2
Whereas it is for the Commission, without prejudice
to the results of the investigation opened in accor­         The entry of the products described in Article 1 for
dance with Article 11 of recommendation 77/329/              consumption within the Community shall be condi­
ECSC, to decide promptly to apply provisional                tional upon the deposit of a security for the amount of
measures consisting of the imposition of a provisional       the provisional duty.
anti-dumping duty on imports of the products
concerned originating in Spain, the rate of which                                    Article 3
corresponds to the difference between the basic price
published by the Commission for these products and           The definitive anti-dumping duties imposed and
their import price into the Community,                       suspended by recommendations No 1704/78/ECSC
                                                             and No 1758/78/ECSC (') are repealed in so far as
HAS ADOPTED THIS RECOMMENDATION :                            they apply to imports originating in Spain .
                       Article 1                                                      Article 4
 1 . A provisional anti-dumping duty is hereby               This recommendation is addressed to the Member
imposed on the following products originating in             States.
Spain :
                                                             It will come into effect in each Member State from
Sheets and plates of iron or steel other than electrical,
not further worked than hot-rolled, of a thickness of 2      the date of its publication in the Official Journal of
mm or more (Common Customs Tariff subheading                  the European Communities.
73.13 B I a), NIMEXE codes 73.13-17, 19, 21 , 23, 26). '
2. The amount of this duty shall be the amount by            Done at Brussels, 27 February 1979.
which the effective price (basic price plus extras) esta­
blished by contract, free frontier duty-paid, is lower
                                                                                        For the Commission
than the effective price (basic price plus extras) for
these products most recently published by the                                           Étienne DAVIGNON
Commission at the time of its entry for consumption
within the Community.                                                               Member of the Commission
                                                             (') OJ No L 203, 27. 7. 1978 , p. 28 .