CELEX: 31978K0161
Language: en
Date: 1978-01-27 00:00:00
Title: Commission recommendation No 161/78/ECSC of 27 January 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in Japan

28 . 1 . 78                           Official Journal of the European Communities                                 No L 23 /35
                              COMMISSION RECOMMENDATION No 161 /78 / ECSC
                                                       of 27 January 1978
              imposing a provisional anti-dumping duty on certain sheets and plates, of iron
                                               or steel, originating in Japan
THE COMMISSION OF THE EUROPEAN                                     risen from 61 600 tonnes in 1974 to about 247 000
COMMUNITIES,                                                       tonnes during the first nine months of 1977 and that,
                                                                   as a result, these imports together represent a market
Having regard to the Treaty establishing the European              share of more than 10 % in total and 3-4 % for
Coal and Steel Community, and in particular Articles               imports originating in Japan and Czechoslovakia, the
74 and 86 thereof,                                                 latter being already subject to a provisional anti­
                                                                   dumping duty in the Community and that, on the
Having regard to Commission recommendation                         other hand, the Community steel industry is in a
77/329/ ECSC on protection against dumping or the                  crisis situation characterized by a reduction of about
granting of bounties or subsidies by countries which               1 1 % in the production of the products concerned
are not members of the European Coal and Steel                     between 1974 and 1977 in the Community and by a
Community ( 1 ), as amended by recommendation No                   reduction in the number employed from 780 000 to
3004/77/ECSC (2), and in particular Articles 15 and 19             720 000 between 1974 and 1977 and by widespread
thereof,                                                           short-time working and that, as a result, the Commu­
                                                                   nity steel industry recorded serious losses in most of
Having heard the opinions expressed within the Advi­               the firms concerned ;
sory Committee provided for by recommendation
77/329/ ECSC,
                                                                   Whereas, in order to remedy this situation, the
Whereas the Commission has received a complaint,                   Commission has introduced inter alia a system of
submitted in the name of the relevant Community                    guidance prices (4) for sales within the Community of
industry, setting out evidence as to the existence of              certain steel products produced by the European steel
dumping of certain sheets and plates, of iron or steel,            industry ;
originating in Japan and certain other countries, and
of material injury resulting therefrom ;                           Whereas, the import prices into the Community of
                                                                   products originating in Japan are considerably lower
Whereas the Commission has published basis                         than these guidance prices and such undercutting
prices (3) based on the lowest normal prices or costs of           prevents the European producers from achieving the
production in the supplying countries where normal                 guidance prices and jeopardizes the equilibrium of the
conditions of competition prevail, including the costs             entire pricing system and causes material injury to the
of transport, insurance and customs duties ;                       Community industry or to a major part of it ;
Whereas the prices of imports into the Community of
the products which are the subject of the complaint                Whereas immediate action has been requested by a
have been compared with these basis prices ;                       Member State ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products,                Whereas, in the serious conditions being experienced
originating in Japan, are offered for import within the            by the Community steel industry, the interests of the
Community (the French market) at prices lower than                 Community require immediate action ;
the basis prices and that dumping has taken place, the
margin of which is constituted by this undercutting ;              Whereas it is for the Commission, without prejudice
                                                                   to the results of the investigation opened in accor­
Whereas, with regard to injury to the industry                     dance with Article 1 1 of recommendation 77/329/
concerned, the evidence submitted to the Commis­
                                                                   ECSC, to decide promptly to apply provisional
sion shows that, on the one hand, annual imports into              measures consisting of the imposition of a provisional
the Community of the products increased globally                   anti-dumping duty on imports of the products
from 560 000 tonnes to          1 350 000 tonnes between
                                                                   concerned, originating in Japan, the rate of which
 1974 and 1977, imports originating in Japan having                corresponds to the difference between the basis price
                                                                   published by the Commission for this product and its
(!) OJ No L 114, 5. 5 . 1977, p. 6 .
(2 ) OJ No L 352, 31 . 12. 1977, p . 13 .                          price on importation into the Community,
(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 ; OJ No C 174, 22. 7 . 1977
     (OJ No L 353 , 31 . 12. 1977, p. 1 ).                             and OJ No L 352, 31 . 12. 1977, p . 17.
 ---pagebreak--- No L 23/36                        Official Journal of the European Communities                             28 . 1 . 78
HAS ADOPTED THIS RECOMMENDATION :                                                 Article 2
                                                            The entry of the products described in Article 1 for
                        Article 1
                                                            consumption within the Community shall be condi­
1 . A provisional anti-dumping duty is hereby               tional upon the deposit of a security for the amount of
imposed on the following products originating in            the provisional duty.
Japan :
                                                                                  Article 3
— sheets and plates, of iron or steel, other than elec­
    trical, not further worked than cold-rolled, of a       This recommendation is addressed to the Member
    thickness of less than 3 mm ,                           States .
— Common Customs Tariff subheadings 73.13 B II              They shall take all necessary measures to ensure that
    b) and c),                                              the provisions apply with effect from 28 January 1978
— NIMEXE codes 73.13-43, 45, 47 and 49 .                    for a maximum period of three months.
2. The amount of this duty shall be the amount by
which the effective price (basic price plus extras) esta­   Done at Brussels, 27 January 1978 .
blished by contract, free frontier duty-paid, is lower
than the effective price (basic price plus extras)                                   For the Commission
published by the Commission for this product.
                                                                                    Wilhelm HAFERKAMP
3. The provisions in force for the collection of
customs duty shall apply to the collection of this duty.                                 Vice-President