CELEX: 31979K0267
Language: en
Date: 1979-02-09 00:00:00
Title: Commission Recommendation 267/79/ECSC of 9 February 1979 imposing a provisional anti-dumping duty on certain angles, shapes and U, I or H sections of iron or steel, not further worked than hot-rolled or extruded, originating in Spain

13 . 2 . 79                              Official Journal of the European Communities                           No L 37/21
                               COMMISSION RECOMMENDATION No 267/79/ECSC
                                                       of 9 February 1979
                imposing a provisional anti-dumping duty on certain angles, shapes and U, I or
                H sections of iron or steel, not further worked than hot-rolled for extruded, origi­
                                                          nating in Spain
THE COMMISSION OF THE EUROPEAN                                      Whereas, in this situation, the Commission has
COMMUNITIES,                                                        suspended the definitive anti-dumping duty by means
                                                                    of recommendation No 1758/78/ECSC (7) ;
Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Articles                Whereas these arrangements expired on 31 December
74 and 86 thereof,
                                                                    1978 and are on the point of being renewed with
                                                                    most of the supplying countries, with the exception of
Having regard to Commission recommendation                          Spain ;
77/329/ECSC on protection against dumping or the
granting of bounties or subsidies by countries which
                                                                    Whereas the Commission has ascertained that the
are not members of the European Coal and Steel
Community ('), as amended by recommendations No                     prices of imports into the Community of the products
3004/77/ECSC (2) and No 1 58/79/ECSC (3), and in                    in question originating in Spain are again below the
particular Articles 15 and 19 thereof,                              basic prices published by the Commission for these
                                                                    same products ; whereas it thus appears from a prelimi­
                                                                    nary examination that dumping exists ;
Having regard to the opinions expressed within the
Advisory Committee provided for by recommendation
77/329/ ECSC,                                                       Whereas, with regard to the injury to the industry
                                                                    concerned, the evidence submitted to the Commis­
Whereas the Community has published basic                           sion shows that, on the one hand, the imports into the
prices (4) established on the basis of the lowest normal            Community of the products in question have
prices or normal costs of production in the supplying               increased overall from 347 000 tonnes in 1974 to
country or countries where normal conditions of                     517 000 tonnes in 1977, while the imports originating
competition prevail and including the costs of trans­               in Spain have risen from approximately 32 000 tonnes
port, insurance and customs duties ;                                to 259 000 tonnes during the same period ; whereas
                                                                    overall imports into the Community have thus
Whereas, the Community having ascertained that                      achieved a market share of 10-3 % and the imports
there was undercutting of these basic prices on the                 originating from Spain a market share of 5-1 % ;
part of Spanish, South African, Japanese, Hungarian                 whereas in 1978 the evolution of imports was influ­
and Czechoslovakian exporters of the products                       enced by anti-dumping measures and the conclusion
mentioned in Article 1 of this recommendation from                  of arrangements with respect to trade in steel products
which material injury has resulted, has by means of                 between the Community and most of the supplying
recommendation No 1758/78/ECSC (5), as amended                      countries ; whereas, however, Spain has been able to
by recommendation No 3140/78/ ECSC (6), imposed a                   keep an important share of the market, 3-8 % in the
definitive anti-dumping duty on the products in ques­               first half of 1978 , which, after the expiration of the
tion ;                                                              abovementioned arrangement, threatens to increase
                                                                    again in 1979 ; that on the other hand the Commu­
                                                                    nity steel industry is in a state of crisis characterized
Whereas certain arrangements with respect to trade in               by a reduction in the region of 15 % in deliveries in
steel products were concluded in 1978 between the                   the Community of the products concerned between
Community and the most important supplying coun­                     1974 and 1978 and by the number of employees
tries, including Spain, a solution which the Commis­                affected by redundancies and short-time working in
sion considers satisfactory ;                                        the firms concerned which has gone from 780 000 to
                                                                     675 000 between 1974 and 1978, and finally that the
(') OJ   No L 114, 5. 5. 1977, p. 6.                                steel industry showed reduced profits or serious losses
(2) OJ   No L 352, 31 . 12. 1977, p . 13 .
(3) OJ   No L 21 , 30 . 1 . 1979, p. 14.                            in most of the firms concerned ;
(4) See   Commission publication of 31          December 1977
    concerning the basic price of certain steel products (OJ
    No L 353, 31 . 12. 1977, p. 1 ), modified by publications of    Whereas the prices of imports into the Community of
    1 April 1978 (OJ No L 87, p. 4), 13 May 1978 (OJ No L           products which originate in Spain are considerably
    126, p. 6) and 5 July 1978 (OJ No L 183, p. 3) and of 30
    December 1978 (OJ No L 372, p. 2).                               lower than the prices for sales within the Community
(5) OJ No L 203, 27. 7. 1978 , p. 28 .
(6) OJ No L 372, 30 . 12. 1978 , p. 1 .                             (7) OJ No L 203, 27. 7. 1978, p. 28 .
 ---pagebreak--- No L 37/22                          Official Journal of the European Communities                               13 . 2. 79
of these steel products made by the European                   blished by contract, free-at-frontier, duty-paid, is lower
industry ; that this undercutting prevents the Euro­           than the effective price (basic price plus extras) for
pean producers from obtaining the guidance price and           these products most recently published by the
jeopardizes the equilibrium of the whole price system,         Commission at the time of its entry for consumption
both in so far as it concerns the European producers          within the Community.
and the producers in those other supplying countries
which have renewed the arrangements with respect to            3 . The amount of this duty shall, however, be
trade in steel products ; that consequently these              reduced to the extent that the importer establishes to
imports are causing or threaten to cause a new mate­           the satisfaction of the competent national authorities
rial injury to the Community industry or to a major            that the price differential referred to in paragraph 2
part thereof ;                                                 above is due to a diminution in value resulting from
                                                               the fact that the quality of these products is inferior to
Whereas immediate action has been requested by a               the lowest quality described in the last publication of
Member State ;
                                                               basic prices by the Commission .
Whereas, in the serious conditions being experienced
by the Community iron and steel industry, the inter­           4.     This duty shall be collected on the same basis as
ests of the Community require immediate action ;               customs duties .
Whereas it is for the Commission, without prejudice
to the results of the investigation opened in accor­                                   Article 2
dance with Article 11 of recommendation 77/329/
ECSC, to decide promptly to apply provisional                  The entry of the products described in Article 1 for
measures consisting of the imposition of a provisional         consumption within the Community shall be condi­
anti-dumping duty imports of the products concerned            tional upon the deposit of a security for the amount of
originating in Spain, the rate of which corresponds to         the provisional duty.
the difference between the basic price published by
the Commission for these products and their import
price into the Community,                                                              Article 3
                                                               This recommendation is addressed to the Member
HAS ADOPTED THIS RECOMMENDATION :
                                                               States.
                          Article 1
                                                               It will come into effect in each Member State from
 1 . A provisional anti-dumping duty is hereby                 the date of its publication in the Official Journal of
imposed on the following products originating in                the 'European Communities.
Spain :
— certain angles, shapes and U, I or H sections of
     iron or steel, not further worked than hot-rolled or
     extruded,                                                 Done at Brussels, 9 February 1979.
— Common Customs Tariff heading No ex 73.1 1
     A I,                                                                                  For the Commission
— NIMEXE code 73.11-11 , 12, 14 and 16.
                                                                                         Wilhelm HAFERKAMP
2. The amount of this duty shall be the amount by
which the effective price (basic price plus extras) esta                                      Vice-President