CELEX: 51982PC0245
Language: en
Date: 1982-04-29
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the definitive collection of the provisional anti-dumping duty on certain welded steel tubes originating in Romania (submitted to the Council by the Commission)

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COM (82) 245
Vol. 1982/0096
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 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  COM(82)245 final.
                                                                  Brussels . 29 April 1982
                                            Proposal for a
                                       COUNCIL REGULATION ( EEC )
                concerning the definitive collection of the provisional anti-dumping
                   duty on certain welded steel tubes originating in Romania
S>-    <s         c           ( submitted to the Council by the Commission )
- ^                v la
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      ^■Llôô
  C0M(82 ) 245 final .
 ---pagebreak---                                                           Cow\ 2.MS
                            EXPLANATORY MEMORANDUM
In February 1982 the Commission imposed a provisional anti-dumping duty
of 25% on imports of certain welded steel tubes originating in Romania(l ).
The definitive examination of the matter shows that in the first half
of 1981 there was a weighted average dumping margin of 30% .
The injury to the Community industry in question caused by these imports
consists essentially of an increase in the Romanian share of the German
market / to which these imports are almost exclusively destined and
undercutting of the German producers * prices by up to 20% .         On the
German market , on which the other Community producers also sell a considerable
part of their production , it has therefore been impossible to obtain prices
that would cover costs and the Community producers have had to suffer
large losses .
The Romanian exporter offered to give a price undertaking .          The Commission ,
after consulting the Member States , has considered this to be acceptable
and now intends to terminate the anti-dumping procedure .
As far as dumping by the Romanian exporter and the material injury to
the branch of the Commuhity industry in question are concerned , then the
interests of the Community        call for the definitive collection of the
provisional duty .
It is therefor * proposed that the amounts secured by way of provisional
duty should be definitively collected , insofar as the customs value
of the imported goods was less than 820 DM per tonne .
( 1 ) Regulation ( EEC ) No 250 / 82 , OJ No L 26 , 3.2.1982 , p . 5
               •         y .•
                          «4
 ---pagebreak---                                     COUNCIL REGULATION ( EEC )
       concerning the definitive collection of the provisional anti-
       dumping duty on certain welded steel tubes originating in Romania
        THF COUNCIL OF THE EliKOPHAN
        COMMUNITILS.
        Having regard to the Treaty establishing the European
        Economic Community,
        Having regard to Council Regulation (EEC) No
            1 7/ ~*# of 20 December 1V7V on protection agar '
        dumped or subsidized imports from countries no ;
        iih ml-trs of the l uropym ! '• onomie Community ('),
        .nut in p.Htu ui.ir Aitu ic^                    11 and 1 2 thereof /
                                                    . V
                     tif irtl to the proposal submitted Ivy the
        i " iiniimiiin after cokmiIi IIKJH within the Advisory
        t "iiimiiiih1 M t up under Article f> of Regulation (LLC)
         Nu <tM7 / 7 ",
          Whereas in August IV81 the Commission received •
          request for the initiation of an anti-dumping proce­
         dure lodged by the Liaison Committee of the Euro­
          pean Community steel tube industry on behalf of
         manufacturers accounting for the major part of the
         Community's production of certain welded steel tubes
         (g<s p'pc);
         Whereas, juue the complaint provided sufficient
         evidence of clumping in respect of the like product
         originating in Romania and of material injury resul­
         ting therefrom, the Commission accordingly
         aiuwuirucd, by a notice published in the Ojtni.il
         Jiimn.il "I / ''t. Furofi .in ( tmr'iiinitii i ('), the initia­
         tion of a procedure concerning imports of certain
         welded steel tubes (gas pipe) originating in Romania
         and commenced an investigation of the matter at
         Community level ;
Whereas, since the provisional examination of the matter showed
that dumping was taking place and that there was adequate proof of
material injury resulting therefrom to the Community industry in questii
the Commission, by means of Regulation ( EEC) No 250/82(3), imposed a
provisional anti-dumping duty of 25% on imports of certain welded steel
 tubes originating in Romania ;
  ( 1 ) 0J No L 339 , 31.12.1979, p. 1
  ( 2 ) 0J No C. 2 99 , 18.11 . 19ai , p. 2
  ( 3 ) 0J No L 26 , 3.2.1982 , p. 5
 ---pagebreak---                              - 2 -
Whereas in Article 2 of that Regulation the Commission gave the parties
in question the opportunity to make known their views and apply to be
heard orally by the Commission within a month of the entry into force of the
provisional duty , without prejudice to Article 7(A ) ( b ) and ( c ) of
Regulation No 3017 / 79 ; whereas the exporter and some of the importers in
question have availed themselves of this opportunity and made their views
known orally and in writing ; whereas the Commission has carefully examined
the arguments put forward      and found no reason to amend the provisionally
established weighted average dumping margin ;
Wheras with regard    to the injury , the Commission has received no
information since the adoption of Regulation ( EEC ) No 250 / 82 which would
make it necessary to revise its conclusions formulated in that Regulation ;
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 Cornission fo.und 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 and 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 ,
Metal importexport, 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 ;
 ---pagebreak--- 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 anti-dumping d«ity pursuant
                                                  . V
to Regulation ( EEC ) No 250 / 82 shall be definitively collected insofar
as the customs value of the imported goods was less than             820 DM per
tonne .
                                     Article 2
IThis Regulation shall enterinto force on the third day I
  following its publication in the Official Journal offbe I
  European Communities.                                   I
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                          for the Council