CELEX: 51979PC0222
Language: en
Date: 1979-04-23
Title: PROPOSAL FOR A COUNCIL REGULATION imposing a definitive anti-dumping duty on a certain herbicide originating in Romania. (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 222
Vol. 1979/0092
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 ---pagebreak---       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(79) 222 final
                                                      Brussels . 23 April 1979
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                        PROPOSAL FOR A COUNCIL REGULATION
                   imposing a definitive anti-dumping duty on a
                   certain herbicide originating in Romania*
                  (presented "by the Commission to the Council)
COM(79) 222 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
The Commission , by Regulation ( EEC ) No . 322 / 79 of 16 February 1979 , imposed
a provisional anti-dumping duty on a certain type of herbicide originating
in Romania . This Regulation applies until the entry into force of an Act of
the Council adopting definitives measures or , at the latest , until the expiry
of a period of three months beginning on 21 February 1979 .
A month before the expiry of this time limit ths       Commission , pursuant to the
anti-dumping Regulation ( EEC ) 459/ 68 , should submit to the Council a proposal
relating to the adoption of definitive measures .
Since the imposition of the duty , the Commission's services have continued their
examination of the facts in co-operation with the Member States . This examina­
tion has enabled the Commission to gather further information, supported by proof
of the "normal value " of this product and of the Romanian export price .
The facts as finally established show that there is dumping and injury and that
the amounts secured by way of provisional duty should be definitively collected .
These facts also show that the normal value established for the purposes of the
provisional duty   is fully justified and should be used as the basis for the
definitive duty .
In these circumstances , the Commission submits the attached proposal for a
Council Regulation imposing a definitive anti-dumping duty on a certain type of
herbicide originating in Romania and providing for the definitive collection
of the amounts secured   by way of provisional duty .
 ---pagebreak---                                             COUNCIL REGULATION ( EEC )
               imposing a definitive anti-dumping duty on a certain herbicide
                                            originatirq in Romania
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 459/ 68 of 5 April 1968 on protection
against dumping or the granting of bounties or subsidies , by countries which are
not members of the European Economic Community ( 1 ), as last amended by Regulation
( EEC ) No . 1411 / 77 ( 2 ), and in particular Article 17 thereof ,
Having regard to the proposal made by the Commission after hearing the opinions
expressed in the Advisory Committee set up under Regulation ( EEC ) No . 459/ 68 ,
Whereas the Commission has received a complaint submitted in the name of the Com­
munity industry producing DNBP technical ( Dinoseb ) setting out evidence as to the
existence of dumping of the like product originating in Romania as well as material
injury resulting therefrom ;
Whereas , since the information received indicated that the complaint was admissible
and that defensive measures against dumping might be necessary , the Commission of­
ficially notified the importers and exporters known to be concerned , published in the
Official Journal of the European Communities of 29 December 1978 a notice of the initia­
tion of an anti-dumping procedure concerning imports of a certain herbicide originating
in Romania ( 3 ) and commenced an examination of the facts ;
                                                                                                                           Jm
( 1 ) OJ No . L 93 , 17.4.1968 , p. 1
( 2 ) OJ No . L 160 , 30.6.1977 , p. 4
( 3 ) OJ No . C 311 , 29.12.1978 , p. 2
Provision »! address : Rut de la Loi 200, B - 1049 BrutMlr- Téléphona 735 00 40 / 73660 40 – Télégraphie addrew: "COMEUA Bruitels –
                                                         Tala»; " 21 877 COMEU B "
 ---pagebreak---                                     -  2 -
 Whereas , since preliminary examination of the matter showed that there was dumping ,
 that there was sufficient evidence of injury and that the interests of the Community
 called for irrmediate intervention , the Commission , by Regulation ( EEC ) No . 322 / 79 ( 4 ),
 imposed a provisional anti-dumping duty on a certain herbicide originating in Romania ;
 Whereas , in the course of the examination of the matter , completed after the imposition
 of the provisional anti-durnping duty , the Commission gave interested parties the op­
 portunity to make known their views in writing , heard the interested parties and gave
 to the parties directly concerned the opportunity orally to develop their views and
 to meet and to present opposing views and rebuttal arguments ;
Whereas the information received after the imposition of the above duty did
not significantly affect the result of the preliminary investigation but
merely provided        corroborating evidence ;
 Whereas when determining dumping on the above-mentioned imports , the Commission had to
 take account of the fact that in Romania trade is on a basis of near or total monopoly
 and that prices are fixed by the State and that , therefore , a comparison between the
 export price of the product to the Community and its domestic price is not appropriate ;
 Whereas , for these reasons , the Commission has decided to base its dumping calculations
 on the prices at which a like product of a market economy country , is sold for
  consumpt ion on trie domestic market of that country ;
 Whereas because of the fact that according to the information submitted to the
 Commission the United States is the only market economy country apart from
 the Member States ^ which DNBP technical is produced , the Commission chose the
 prices of this country as basis for these calculation ;
 Whereas these calculations were made at ex-factory level , and in respect of sales made
  as nearly as possible at the same time , due allowance having been made , on their merits ,
 for transport and ancillary costs , packaging , duties and taxation and for other factors
 affecting price comparability ;
 Whereas this examination of the matter shows that      dumping has taken place , the margin
 of which exceeds 40% in markets principally concerned ;
 Whereas , with regard to injury to the industry concerned the evidence available to the
  Commission shows that imports into the Community of DNBP technical originating in
  Romania began in 1978 only and by the end of that yearhad reached a level of approx­
  imately 35U to AGO tonnes ;              '      •
 Whereas the imports concerned represent a market share in the Community of approx­
  imately 40% and in the two main countries of importation 49% and 68% respectively ;
( 4 ) 0J No . L 44 of 21.2.1979 , p. 8
 ---pagebreak--- Whereas the prices of these imports     on the Community markets have been extremely
 Low , thus exercising a depressive effect on the Community producers' prices ;
Whereas this development has taken place to the detriment of the Community industry
and therefore placed it in an extremely difficult situation , characterized by sales
at prices far below the European costs of production , by a decline in production of
approximately 60% , by a significant loss of sales and market share , by almost complete
absence of new orders for 1979 , and by the imminent loss of jobs ;
Whereas , therefore , the facts as   finally established show that , due consideration
having been given to the other factors having a bearing on the situation of this
industry , as , for example , the decline of exports to countries outside the Community ,
the dumped imports are causing and threatening to cause material injury to the Com­
munity industry ;
Whereas in these circumstances , the interests of the Community call for the definitive
collection of the amounts secured by way of provisional duty in respect of DNBP technical
of Romanian origin and for the imposition of a definitive anti-dumping duty the rate
of which , having regard to the extent of injury caused , should approximate to the dumping
margins established ;
HAS ADOPTED THIS REGULATION     :
                                    Article  1
1.     A definitive anti-dumping duty is hereby imposed on D^BP technical ( Dinoseb ) fal­
ling within Common Customs Tariff subheading ex 29.07 C III or ex 38.11 D and correspon­
ding to NIMEXE codes ex 29.07-59 or ex 38.11-50 , 70 , originating in Romania and exported
by Chimimportexport , Bucharest . The provisions in force for the application of customs
duties shall apply for the application of this duty .
 ---pagebreak--- 2.     The said duty shall be at a rate of 40% on the basis of the value declared
in conformity with Commission Regulation ( EEC ) No . 375/ 69 of 27 February 1969 ( 1 )
on the declaration of particulars relating to the value of goods for customs
purposes .
                                        Arti ele •   2
The amounts secured by way of provisional duty under Regulation ( EEC ) No . 322 / 79
shall be definitively collected .
                                        Article    3
 This Regulation shall enter into force on the day of its publication in the Of­
 ficial Journal of the European Communities .
 This Regulation shall be binding in its entirety and directly applicable in all
 Mar.ber States .
 Done at Brussels ,
 ( 1 ) 0J . No . L 52 , 3-3 . 69 , p. 1