CELEX: 31978K0245
Language: en
Date: 1978-02-02 00:00:00
Title: Commission recommendation No 245/78/ECSC of 2 February 1978 imposing a provisional anti-dumping duty on imports of iron or steel coils for re-rolling originating in Japan and Bulgaria

7. 2. 78                                Official Journal of the European Communities                                 No L 37/ 13
                               COMMISSION RECOMMENDATION No 245 / 78 / ECSC
                                                         of 2 February 1978
                imposing a provisional anti-dumping duty on imports of iron or steel coils for
                                       re-rolling originating in Japan and Bulgaria
THE COMMISSION OF THE EUROPEAN                                       1 012 000 tonnes in 1974 to 1 015 000 tonnes in the
COMMUNITIES,                                                         first six months of 1977, imports originating in Japan
                                                                     having risen from 349 000 tonnes in 1974 to 266 000
Having regard to the Treaty establishing the European                tonnes in the first six months of 1977 and imports
Coal and Steel Community, and in particular Articles                 from Bulgaria having risen from 68 000 tonnes in
74 and 86 thereof,                                                   1974 to 81 000 tonnes in the first six months of 1977
                                                                     and that, as a result, they have been able to acquire a
Having regard to Commission recommendation                           share of the Community market of 16 % in total and
77/329/ ECSC on protection against dumping or the                    7 % for imports originating in Japan and Bulgaria,
granting of bounties or subsidies by countries which                 together with those from Czechoslovakia and South
are not members of the European Coal and Steel                       Korea, which are already subject to a provisional anti­
Community ('), as amended by recommendation No                       dumping duty in the Community, and that, on the
3004/77/ ECSC (2), and in particular Articles 1.5 and 19             other hand, the Community steel industry is in a
thereof,                                                             crisis situation characterized by a reduction in the
                                                                     number employed from 780 000 to 720 000 between
                                                                     1974 and 1977 and by short time working and that, as
Having heard the opinions expressed within the Advi­                 a result, the Community steel industry recorded
sory Committee provided for by recommendation                        serious losses in most of the firms concerned ;
77/329/ ECSC ;
Whereas the Commission has received a complaint,                     Whereas, in order to remedy this situation , the
submitted in the name of the relevant Community                      Commission has introduced , in particular, a system of
industry, setting out evidence as to the existence of                minimum prices (4), for sales within the Community
dumping of iron or steel coils for re-rolling origi­                 of certain steel products produced by the European
nating in Japan and Bulgaria and certain other coun­                 steel industry ;
tries and material injury resulting therefrom ;
Whereas the Commission has published basis                           Whereas, the import prices into the Community of
prices (3) based on the lowest normal prices or costs of             products originating in Japan and Bulgaria are consid­
production in the supplying countries where normal                   erably lower than these minimum prices and that
conditions of competition prevail, including the costs               such undercutting jeopardizes the equilibrium of the
of transport, insurance and customs duties ;                         entire pricing system and causes or threatens to cause
                                                                     material injury to the Community industry or to a
Whereas the prices of imports into the Community of                  major part of it ;
the products which are the subject of the complaint
have been compared with these basis prices ;
                                                                     Whereas immediate action has been requested by
Whereas a preliminary examination of the matter                      certain Member States ;
based on this comparison shows that these products,
originating in Japan and Bulgaria are offered for
import within the Community (the Belgian and                         Whereas, in the serious conditions being experienced
United Kingdom markets) at prices lower than the                     by the Community steel industry, the interests of the
basis prices and that dumping has taken place, the                   Community require immediate action ;
 margin of which is constituted by this undercutting ;
                                                                     Whereas it is for the Commission , without prejudice
Whereas, with regard to injury to the industry                       to the results of the investigation opened in accor­
concerned , the evidence submitted to the Commis­                    dance with Article 1 1 of recommendation 77/ 329 /
sion shows that, on the one hand, imports into the                    ECSC, to decide promptly to apply provisional
Community of the products increased globally from                    measures consisting of the imposition of a provisional
                                                                     anti-dumping duty on imports of the products
 (') OJ No L 114, 5. 5. 1977, p. 6.
(2) OJ No L 352, 31 . 12. 1977, p. 13 .                              concerned originating in Japan and Bulgaria, the rate
 (3 ) Communication from the Commission of 31 December
       1977 concerning the basis prices of certain steel products    (4 ) OJ No L 1 14, 5 . 5 . 1977, p . 1 and OJ No L 352, 31 . 12.
      (OJ No L 353, 31 . 12 . 1977, p. 1 ).                               1977, p . 17.
 ---pagebreak--- No L 37/ 14                        Official Journal of the European Communities                             7 . 2 . 78
of which corresponds to the difference between the            tional upon the deposit of security for the amount of
basis price published by the Commission for this              the provisional duty.
product and its price on importation into the Commu­
nity,
                                                                                      Article 3
HAS ADOPTED THIS RECOMMENDATION :
                                                             This recommendation shall be notified to the Member
                                                              States .
                       Article 1
                                                              It shall enter into force for each Member State on the
1.    A provisional anti-dumping duty is hereby
imposed on the following products originating in
                                                              date of its publication in the Official Journal of the
                                                              En ropea n Communities.
Japan and Bulgaria :
— iron or steel coils for re-rolling,                        Without prejudice to the provisions of Article 18 of
— Common Customs Tariff heading No 73.08 ,                    recommendation 77/329/ ECSC, it shall apply until
— NIMEXE code 73.08-01 to 49 .                                the entry into force of an Act of the Commission
                                                             either adopting definitive measures or extending the
2. The amount of this duty shall be equal to the              provisional duty, and in any event for a maximum
amount by which the effective price (basic price plus         period of three months.
extras) established by contract, free frontier duty-paid,
is lower than the effective price (basic price plus
extras) published by the Commission for this product.
                                                              Done at Brussels, 2 February 1978 .
3.    The provisions in force for the collection of
customs duty shall apply to the collection of this duty.
                                                                                         For the Commission
                       Article 2
                                                                                        Wilhelm HAFERKAMP
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                              Vice-President