CELEX: 31987R3752
Language: en
Date: 1987-12-15 00:00:00
Title: Commission Regulation (EEC) No 3752/87 of 15 December 1987 instituting a system for the authorization of imports into Italy and Spain of certain kinds of slide fasteners originating in Taiwan

16 . 12 . 87                              Official Journal of the European Communities                          No L 353/ 11
                                       COMMISSION REGULATION (EEC) No 3752/87
                                                       of 15 December 1987
                     instituting a system for the authorization of imports into Italy and Spain of
                                    certain kinds of slide fasteners originating in Taiwan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               Arguments were presented on behalf of the Italian
                                                                          producers by the Asociazione Nazionale Industria
Having regard to the Treaty establishing the European                     Meccanica Varia ed Affine (ANIMA). Information
Economic Community,                                                       was also supplied by Taiwan Zippers Manufacturers
                                                                          Association and by the main Spanish and Italian
                                                                          importers.
Having regard to Council Regulation ( EEC) No 288/82 of
5 February 1982 on common rules for imports ('), as last
                                                                     (5)  In the course of its investigation, the Commission
amended by Regulation (EEC) No 1 243/85 (2), and in                       endeavoured to gather and verify all the informa­
particular Article 15 ( 1 ) thereof,                                      tion it regarded as necessary. Since imports from
                                                                          Taiwan represent virtually all imports into Spain
After consultations within the Advisory Committee set up                  and Italy of slide fasteners originating in non­
by the above Regulation ,                                                  member countries, the Commission's investigation
                                                                           concentrated on products from Taiwan. It made
Whereas :                                                                  on-the-spot checks at the premises of the following
                                                                           companies :
                                                                           Spanish producers :
                                A. Procedure
                                                                           — Areito SA, Vitoria,
(1)      The Commission , was informed on 7 April 1987 by                  — Cremalleras Rubi, Barcelona,
         the Spanish authorities and on 15 April 1987 by                   — Yoshida Española SA, Tarragona ;
         the Italian authorities that imports into Spain and
         Italy of slide fasteners and parts thereof originating            Italian producers :
         in Taiwan, and in particular those with scoops not
         of base metal , had increased and would continue to               — Lanfranchi SpA, Palazzolo,
         do so in such quantities and in such manner that                  — Sarem-Meras, Vimercate :
         there was, or threatened to be , serious injury to
         national industries .
                                                                           Italian importers :
 (2)     The Spanish and Italian requests were supported by                — Textil-Import du Ugo e Clemente Orsa &
         evidence regarding the trend of imports and the                       CSAS, Milano,
         terms on which they were taking place , in parti­                 — Italchiusure Sri, Milano,
         cular with regard to prices . Information had also
         been supplied regarding the effects of such imports               — Texxil SNC, Seregno ;
         on the slide fastener industry.
                                                                      (6)  Price comparisons made related to the period 1
                                                                           October 1986 to 30 September 1987.
 (3)     Having decided, after consultations, that the
         evidence in its possession was sufficient to justify
         the initiation of an investigation , the Commission
         accordingly announced, in a notice published in                        B. Products and industries concerned
         the Official Journal of the European Commun­
          ities ^), the initiation of a Community investigation       (7)  The products which are the subject of the investi­
         in respect of imports into Spain and Italy of the                 gation are slide fasteners falling within Common
         products concerned originating in Taiwan, and                     Customs Tariff subheading 98.02 ex B and, more
         commenced the investigation .                                     particularly, those corresponding to NIMEXE codes
                                                                           No 98.02-51 and 55 and Combined Nomenclature
                                                                           codes 9607 19 00 and 9607 20 91 .
 (4)     The Commission officially informed the producers
         and importers known to be involved and gave all
         parties concerned the opportunity to make known              (8)  The Commission investigation showed, whether
         their views in writing and to request a hearing.                  with regard to import trends, prices or the impact
                                                                           of imports on the Spanish and Italian industries,
 (') OJ No L 35, 9 . 2. 1982, p. 1 .                                       that most of the imports into Spain and Italy
 (2) OJ No L 113 , 30 . 4. 1986 , p. i .                                   concerned only slide fasteners with scoops not of
 (3) OJ No C 123, 9 . 5. 1987, p. 3 .                                      base metal .
 ---pagebreak--- No L 353/ 12                           Official Journal of the European Communities                                 16. 12. 87
                       C. Slide fasteners                                1 800 units in 1984 to 1 600 units in 1987 (nine
                                                                         months).
(9    Imports of slide fasteners with scoops not of base                 The current attempt to restructure this sector, par­
      metal originating in Taiwan were as follows :                      ticularly in Spain, is severely compromised by the
                                                                         difficulties caused by extremely aggressive compe­
                                                                         tition from imports originating in Taiwan, particu­
                                                                         larly in terms of prices, and the restructuring effort
                                                    (000 metres)         may fail as the firms concerned are deprived of the
                          1 985        1986
                                                      1987               finance needed to achieve that objective.
                                                 (nine months)
      Spain                  639       8 937         16 168       ( 11 ) Both the increase in imports originating in Taiwan
      Italy             23 912        46 308         44 162              and the prices charged for such imports are thus a
                                                                         cause of material injury to the Spanish and Italian
      This has resulted in an increase in the market share               industry concerned.
      held by Taiwanese exports from 0,1 % in 1984 to
      47 % in 1987 (nine months) on the Spanish                          To eliminate that injury and prevent further injury
      market and from 8 % in 1984 to 48 % in 1987
                                                                         from being caused to the Spanish and Italian
      (nine months) on the Italian market. In view of this               producers, measures need to be adopted to protect
      trend, of the substantial production capacity in                   those markets for a limited period so as to impede
      Taiwan and of foreseeable demand in the Commu­
                                                                         the harmonious development of world trade as
      nity, it is clear that unless adequate protective                  little as possible while at the same time enabling
      measures are taken the increase in imports origina­                the Spanish and Italian firms concerned to plan
      ting in Taiwan will continue at the current pace,                  their modernization programmes.
      which would in itself constitute a source of material
      injury.
                                                                  ( 12)  The quantitative limits applicable to imports into
                                                                          Spain and Italy of slide fasteners with scoops not of
                                                                         base metal originating in Taiwan have been fixed
 (10) Resale prices on the Spanish market of slide                       by reference to imports into Spain and Italy during
      fasteners with non-metal scoops imported from the                   the period from 1 April 1985 to 31 March 1987.
      non-member country in question were about 50 %
      below the prices charged by Spanish producers .
                                                                  ( 13)  To ensure that those quantitative limits are
                                                                          observed, the Spanish and Italian authorities should
                                                                          subject imports of the products in question origina­
      The same resale prices on the Italian market were                   ting in Taiwan to a system of import authorizations
      about 60 % below the prices charged by Italian                      to be issued within the quantitative limits laid
      producers.                                                          down by this Regulation .
                                                                   ( 14)  Since the investigation showed that the increased
      This price undercutting has forced the Spanish and                  penetration of imports originating in Taiwan was
      Italian producers to cut their prices to a level which              concentrated on the two markets in question,
      does not cover their cost of production and to                      Community interests can be safeguarded without
      abandon market share to the Taiwanese exporters.                    taking any immediate protective measures in the
      Their share of the Spanish market fell from 99 %                    other Member States,
      in 1984 to 49 % in 1987 (nine months) and their
      share of the Italian market fell from 81 % in 1984
      to 39 % in 1987 (nine months). The situation of
      the Spanish and Italian producers has deteriorated
      as a result and their financial results have been
      adversely    affected,     with most    of   the    firms    HAS ADOPTED THIS REGULATION :
      concerned making losses, which have grown during
      the period of the investigation .
                                                                                            Article 1
      The rate of utilization of production capacity fell in
      Spain from 72 % in 1984 to 60 % in 1987 (nine                 1 . Entry for free circulation in Spain or Italy of the
      months) and in Italy from 59 % in 1984 to 50 %               products specified below originating in Taiwan shall be
      in 1987 (nine months). Employment has continued              subject to presentation of an import authorization to be
      to fall ; in Spain it tell from 978 units in 1984 to         issued by the Spanish or Italian authorities, as appropriate,
       800 units in 1987 (nine months) and in Italy from           within the following limits :
 ---pagebreak--- 16. 12. 87                          Official Journal of the European Communities                                  No L 353/ 13
                                                                                                    (Million metres)
                 CCT                                                                                 Limit
                               NIMEXE
                heading           code                             Description
                  No                                                                           Spain        Italy
           98.02 ex B      98.02-51 and 55     Slide fasteners with scoops not of base metal    4,6         33,3
           This import authorization shall be valid only in the Member State in which it was issued.
           2. The import authorization referred to in paragraph 1 shall be issued automatically, free of
           charge, within a maximum of five working days from the date of the request presented by the
           importer, subject to the annual quantitative limits for the Member State in question .
                                                           Article 2
           The Community investigation to re-examine the trend of imports into Spain and Italy of certain
           kinds of slide fasteners originating in Taiwan is hereby terminated.
                                                           Article 3
           This Regulation shall enter into force on the day of its publication in the Official Journal of the
           European Communities.
           It shall be applicable from 16 December 1987 to 31 December 1988 .
           This Regulation shall be binding in its entirety and directly applicable in all Member States.
           Done at Brussels , 15 December 1987..
                                                                               For the Commission
                                                                                Willy DE CLERCQ
                                                                           Member of the Commission