CELEX: 51982PC0226
Language: en
Date: 1982-04-23
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on oxalic acid originating in China and definitively collecting the amounts secured by way of provisional duty on oxalic acid originating in China and Czechoxlovakia (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 226
Vol. 1982/0092
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(82 ) 226 final
                                            Brussels - 23rd April 1982      :
                                                                      . , - V.v'
                                                                      .. :y,r. ; :
                      PROPOSAL FOR A COUNCIL REGULATION   ( EEC )
             imposing a definitive anti-dumping duty on oxalic acid
             originating in China and definitively collecting the amounts
             secured by way of provisional duty on oxalic acid originating
             in China and Czechoxlovakia
                     /fy v'       ■ ·■
                                       ■ ^
                                         .2
                   <presented by the Commission to the Council )
                                t  1 '
                             t! i   v
COM ( 82 ) 226 final
 ---pagebreak---                                                              t OM %%f
                                EXPLANATORY MEMORANDUM
 1.    On 19 September 1981 the Commission initiated an anti-dumping procedure
       concerning imports of oxalic acid originating in China , Czechoslovakia ,
       the German Democratic Republic and Hungaryd ).
 2.    In its preliminary investigation the Commission established that imports
      of oxalic acid originating in the German Democratic Republic and Hungary
      accounted for a small percentage of Community consumption and that any
       injury sustained by the Community industry was not attributable to those
       imports .
3.    The preliminary investigation also showed the existence of dumping margins
      of at least 29.2% in the case of Czechoslovakia and China .    In calculating
      the dumping margins the Commission took as the basis of normal value the
      constructed value in Spain , making due allowance for a profit margin of
      6% which was considered reasonable .
                                                                   \
4 . With regard to the injury Sustained by the Community ir*|Justry, the Commission
      had established that as a result of the considerable increase in imports
      of oxalic acid originating in China and Czechoslovakia , the increase in
      their share of the Community market , the pressure which these imports
      exerted on prices and the Losses sustained by Community producers , imports
      of oxalic acid originating in these two countries were causing material
      injury .
5.    Consequently , the Commission imposed a provisional anti-dumping duty of
      29.2% on imports of oxalic acid originating in China and Czechoslovakia(2 ) .
6.    Since the provisional duty was imposed the Commission has continued its
      investigation and received information from exporters , importers and
      Community producers which has led it to revise its conclusions with regard
      to dumping as set out in Regulation ( EEC ) No 171 / 82(2 ).
( 1 ) OJ No C 241 , 19.9.1981
( 2 ) OJ No L    19 , 27.1.1982
 ---pagebreak---                                  - 2 -
7.  In its subsequent investigation the Commission established that there
    was an average dumping margin of 34.2% in the case of imports of oxalic
    acid originating in China and 23.9% in the case of    imports of oxalic acid
    originating in Czechoslovakia .   These margins were calculated on the same
    basis as that used for the provisional duty(1 ).
8.  The exporter of oxalic acid originating in Czechoslovakia undertook
    voluntarily to increase his prices to a level which , after consultation ,
    the Commission considers to be sufficient to eliminate the dumping margin or
    its injurious effects .  Consequently , the Commission is closing the
    anti-dumping procedure in respect of imports of oxalic acid originating in
                                 reasons given under point 2 , in the German
    Czechoslovakia and , for the reas
- - Democratic Republi c am Hungary .
9.  In view of the injury being caused to the Community industry , it is proposed
    that a definitive anti-dumping duty of 34.2% should be imposed on imports
    of oxalic acid originating in China .   It is also proposed that the securities
    deposited in connection with the provisional duty should be collected
    definitively , in their entirety in the case of imports from China and in
    an amount equivalent to the duty of 23.9% in the case of imports from
    Czechoslovakia .
 ---pagebreak---                                   PROPOSAL FOR A
                          COUNCIL REGULATION ( EEC )
imposing a definitive anti-dumping duty en oxftllo aeid eriginating in
China and definitively collecting the amounts secured by way of provisional
duty on oxalic acid originating in China and Czechoslovakia
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
                                                                                 (1 )
 Having regard to Council Regulation ( EEC ) No 3017 / 79 of 20 December 1979
on protection against dumped or subsidized imports from countries not
members of the European Economic Community           , and in particular Article
12 thereof .
Having regard to the proposal submitted by the Commission after consultation
with the Advisory Committee set up under Article 6 of Regulation ( EEC )
No 3017 / 79 ,
Whereas in August 1981 the Commission received a complaint submitted by
 CEFIC , the European Council of Chemical Industry Federations , on behalf
of all Community producers .of oxalic acid, setting out evidence as to the
existence of dumping of the like product originating in {Szechos lovakia , the
German Democratic Republic , Hungary and China and of material injury
resulting therefrom ;
Whereas , since there was sufficient evidence to justify initiating
proceedings the Commission published in the Official Journal of the                   «
                   . .    , 19 September 1981 ( 2 ).           . . .
European Communities of         .            a notice of the initiation of an
anti-dumping procedure concerning imports of oxalic acid originating in
Czechoslovakia , the German Democratic Republic , Hungary and China , so
advised the exporters and importers known by the Commission to be
concerned , as well as the complainants and commenced the investigation
at Community level ;
( 1 ) 0J No L 339 , 31.12.1979 , p. 1
( 2 ) 0J No C 241 , 19.9.1981
                          y
 ---pagebreak---                                       - 2 -
             Whereas , since the 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 immediate intervention , the
                                                            (1)
             Commission , by Regulation ( EEC ) No 171 / 82     , imposed a provisional
             anti-dumping duty on oxalic acid originating in China and Czechoslovakia ;
             Whereas in its preliminary investigation the Commission established that
             imports to the EEC of oxalic acid from the German Democratic Republic
             and from Hungary accounted for a small percentage of EEC consumption
             during the reference period ; whereas injury , if any , sustained by the
             EEC producers and attributable to these imports was considered minimal ;
             Whereas the Commission accordingly excluded imports of oxalic acid
             originating in the German Democratic Republic and Hungary from the
             application of the provisional duty ;
                             ^
             Whereas during the subsequent examination regarding the German Democratic
             Republic and Hungary the Commission received no evidence to alter its preliminary
             findings regarding injury caused by imports from these countries and has
accordingly terminated the proceedings regarding such imports ;
             Whereas in the course of the subsequent examination regarding exports from
             China and Czechoslovakia , completed
          after the imposition of the provisional anti-dumping duty , the interested
          parties had the opportunity to make known their views in writing , to be
          heard by the Commission and to orally develop their views , to inspect non-
          confidential information relevant to the defence of their interests and to
          be informed of the essential-   facts and considerations on the basis of
          which it was intended to make a final determination ; whereas the Community
          producers , the exporters and some of the importers concerned availed themselves
          of these possibilities by making known their views in writing and orally^
        ^ Whereas the Czechoslovakian exporter also avai led.» itself of the opportunity
          given to it by the Commission to meet with the EEC producers and exchange
          views ;
             OJ No L 19 , 27.1.1982
 ---pagebreak---                                           - 3 -
Whereas the Ccmmissicvi has also carried out inspections at the premises of
 .importers from whom no information was available during the preliminary
  investigation notably Arnold Suhr (Antwerp ), and Metallurgie Hoboken–Overpelt
  ( Hoboken ) in Belgium and has obtained farther information from importers who
had made information available during the preliminary investigation ;
Whereas as regards the subsequent investigation of dumping in respect of
imports of the product concerned from China and Czechoslovakia no evidence
was obtained to show that the price in Spain ? on which the determination of
normal value was based had decreased since the date of the preliminary
determination of the dumping margin ;
Whereas updated information was received from the Chinese and Czechoslovakian
exporters regarding their export prices ; whereas taking into acc cunt this
information and that received from importers during the subsequent investigation
the Commission revised its calculations of dumping margins for imports of
oxalic acid to various Member States :
Whereas these margins were established by making the sam$ compa.rison as set
                     •                                      '.4
out in the said Regulation (EEC ) Ho 171 / 82 ;               H
Whereas , on this basis the average current dumping margin is 34»2% for China
and 2.3» 9% for Czechoslovakia^
                                             /
 ---pagebreak--- Whereas all such imports during the period under consideration were made
at dumped prices ;
Whereas , in the course of the subsequent examination of injury , the following
new information was received :
–   imports into the Community of the oxalic acid in question originating
    in China and Czechoslovakia rose from approximately 2.696 tonnes in 1978
    to 11.464 tonnes in 1980 are estimated to have reached 5-087 tonnes in 1981 ;
–   the market share held by such imports in the Community was approximately
   17$ in 1978 , rising to approximately 57% in 1980 , and is estimated to have
   reached 46^ in 198 1 ;                           n
–  production of oxalic acid in the Community has fallen from 14 740
   tonnes in 1979 to 7 670 tonnes in 1980 and to 6 025 tonnes in 1 98 1 ;
– capacity utilization has fallen from 61% in 1979 "to 34$ in 1980 and
   to an estimated 26% in 1981 ;
– sales by Community producers have been reduced by more than 6Q% from
    1979  "fco 1981 ;
Whereas as regards the other aspects of injury , caused by the dumped imports
no new information has been received since the preliminary determination ;
Whereas the Commission has considered the injury caused by other factors
which individually or in combination may also be affecting the Community
industry ; whereas the apparent consumption of oxalic acid in the Community
fell from approximately 16 000 tonnes in 1978 and 1979 to 11 100 tonnes
in 1981 , while during the same period , Chinese and Cz.echoslovakian exporters
increased their market share ; ^
                   ^whereas imports of oxalic acid originating in other
third countries have been in small or insignificant quantities to which
injury could not be attributed ; wher'eas , although production methods and
raw materials differ between the Community and Chinese producers , such
differences were not considered to be of any significance ; whereas under       .
                                                               and Czechoslovakia
these circumstances the dumped imports originating in China/are definitively
considered to have caused material injury to a Community industry;
                                    •A            !
 ---pagebreak---                                              - 5 -
Whereas two users of Chinese oxalic aoid have argued that any price increase of
this product would have a negative impact on their processing industries ; whereas ,
                                     . 3Π0Ι
however , given the extent of dumping of injury resulting therefrom and given the
importance of the Community industry affected , the Commission considers that
the Community 's interests calls for a definitive action ;
Whereas the Czechoslovakia^! exporter has voluntarily undertaken to increase
its prices to a level which eliminates the injurious effects of these exports
to the Community ;
                                *
Whereas the Commission considers this undertaking to be acceptable and that the
proceedings concerning Czechoslovakia should be terminated .without imposition
of a definitive anti-dumping duty and .
        f consequently , no definitive duty should be imposed on Czechoslovakian
exports ;
Whereas , however , the amounts secured by way of provisional duty should be
collected up to the amount of the revised dumping margin determined ;
Whereas , as regards imports of China, a definitive duty should be imposed,
equal to the margin established in the subsequent investigation ; whereas
Community interests also call for the definitive collection in their entirety
of the amounts secured by way of provisional duty ;
HAS ADOPTED THIS REGULATION :
                                   Article 1
                                      / 1S
1 . A definitive anti-dumping duty hereby imposed on oxalic acid falling
within Common Customs Tariff subheading ex 29.15 A I and corresponding
to NIMEXE Code ex 29.15-11 originating in China .
2.   The rate of the duty shall be 34.2% on the basis of the customs value
determined in accordance with Council Regulation ( EEC) No 1224/80 ol^28 May
1980    on the valuation of goods for customs purposesd ).
                                 l
3 . The provisions in force concerning customs Iduties shall, apply for the
application of this duty .
 ---pagebreak---                                   Article 2
The amounts secured, by way of provisional duty under Regulation (EEC ) Eo
171 /82 shall be definitively collected in their entirety as regards imports
from China .  In the case of imports originating in Czechoslovakia , the amounts
secured by way of provisional duty shall be definitively collected up to an
amount not exceeding 23 • 9% of the customs value determined in accordance' with
Council Regulation (EEC ) No 1224/30 of 28 May 1980 on the valuation of goods
for customs purposes ( 1 ).
                                 Article 3
This Regulation shall enter into force on the day of 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                                 For the Council
( 1 ) ÛJ Ko L 134 , 31.5-1980. p. 1