CELEX: 51980PC0294
Language: en
Date: 1980-05-22
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) CONCERNING THE DEFINITIVE COLLECTION OF THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED ON IMPORTS OF STANDARDIZED ELECTRIC MULTI-PHASE MOTORS HAVING AN OUTPUT OF MORE THAN 0.75 kW BUT NOT MORE THAN 75 kW, ORIGINATING IN THE USSR (presented by the Commission to the Council)

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COM (80) 294
Vol. 1980/0107
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM ( 80 ) 294 final
                                              Brussels , 22nd May 1980
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                                                £3.      ■   X           a
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                  PROPOSAL FOR A COUNCIL REGULATION ( EEC ?
         CONCERNING THE DEFINITIVE COLLECTION OF THE PROVISIONAL
          ANTI-DUMPING DUTY IMPOSED ON IMPORTS    OF STANDARDIZED
             ELECTRIC MULTI-PHASE MOTORS HAVING AN OUTPUT OF
               MORE THAN 0.75 kW BUT NOT MORE THAN 75 kW, ,■
                          ORIGINATING IN THE USSR
                (presented by the Commission to the Council )
C0MC80 ) 294 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
                         »                ♦               1 -
By Regulation ( EEC ) N° 451 /80 of 22 February 1980 the Commission imposed
a provisional anti-dumping duty on certain motors from the USSR . By virtue
of the anti-dumping Regulation ( EEC) N° 3017 /79/ the Commission must
submit to the Council , one month before the expiration of this measure, a
proposal regarding the adoption of, definitive measures .
                  •               '          '.A    ' '                       t
Since the imposition of the provisional duty the Commission has noted that
the parties concerned have , neither contested nor furnished any arguments
against the preliminary determination which led to the imposition of the
                                        é
provisional duty and that consequently the conclusions of the investigation
should remain unchanged .
However , since the imposition of the provisional duty, undertakings to
increase prices , similar to those given by the exporting organisations      ,
of the other State-trading countries , have been given in the name of the
                     I
Soviet exporter Energomachexport and have been accepted by the Commission .
                             *  '   '            ''     »
In the circumstances the procedure may be closed without the imposition
of a definitive duty .
However , because of the injurious dumping , involved in the Soviet exports
and because of the tardy nature of the undertakings given by the Soviet
exporter , the Commission submits to the Council the attached proposal , for
a Council Regulation regarding the definitive collection of the amounts
secured by way of provisional duties with regard to the USSR .
 ---pagebreak--- /
                                          COUNCIL       REGULATION (EEC)
                                                                                                                               I
concerning the definitive collection of the provisional anti-dumping duty imposed on imports
of standardized electric multi-phase motors having an output of more than 0.75 kW but not
more than 75 kW , oriainatinq in the USSR .
 THE COUNCIL               OF THE EUROPEAN                       meet to that opposing views might be presented ind
    : COMMUNITIES,                                               rebuttal arguments put forward ;                            ,
      Having regard to the Treaty establishing the European      Whereas the majority of the parties concerned with
      Economic Community,                                        the exception, notablv, of the Soviet exporter have
                                                                 taken this opportunity ;                                  '
      Having regard «o' Council Regulation (EEC) No >
      3017/79 of 20 December 1979 on protection against          Whereas, in order to arrive at Y preliminary assess-,
      dumped or subsidized imports from countries not            mrnt of the dumping margin and injury, the Commisi
      members of the Community ('), and in particular            sion carried out inspections 4t the premises of the
        Articles 11 and 12 thereof /.
©                                                                great majority of 'exporters' agents and importers,
                                                                  including : in Belgium, Industrial Electric PVBA
       Alter hearing the opinions expressed by the Advisory      (Kortrijk) and Symkins SPRL (Liege) ; in Denmark. R.«
       Committee set up under that Regulation,                    Frimodt Pedcrseh AS. (Paugatd). Aroitlund Handels
                                                                  APS (Vojens), Nordelektro AS. (Kobcnhavn) and A.
       Whereas in March 1979 the Commission received a            Johnson ft Co. AS. (Chatlottenlund) ; in the Federal
       complaint lodged by the Coordinating Committee lor .       Republic of Germany, Horst Schenk (Brilon) and Fritz
       the Common Market Association of Manufacturing of          Oberstenfeld ( Hamburg) ; in France. Sermes SA (Stras­
       Rotating Electrical Machinery (COMEL) on behalf of ,       bourg), Les Industries Francises (Wissous), Sodimef
       the great maiority of Community manufacturer* of           SA. (Strasbourg), Soriee SA (Ivrysur-Seine) and
       low voltage electric motors ; whereas the complaint        Sofbim S.A. (Paris); in Italy, Mez Italiana S.pA
       contained eviJence of the existence of dumping in          (Milano), Imcx S.pA (Milano). Elprom S.p.L. (Parma),
       respect ol like products originating in Bulgaria,        . Elcktropolcantoni & Co. S.pA. (Milano)^ Vvneta
       Czechoslovakia, the German Democratic Republic,             Motori S.N.C. ( PJI I OVJ ), B.A.M.E. di B.iriolomci Druno -
        Hungary, Poland, Romania -. or the USSR, and of            (Ptstoia) and Enital S.pA (Milano); and in the Nether­
                                                                   lands. Rotor. C.V. ( Eihergen) and Pija Ekktrotcchniek
       substantial injury resulting therelrom ; •
                                                                   B.V. (Arnheni) ; whm-aa the Commission lontatti'd a
                                                                   number of other agents and importers ; whereas the
       Whereas the said evidence was sufficient to justify         Commission also eartii/d out inspections at the prem­
        initiating an investigation ;                              ises of the main complainant Community producers,
                                                         >
                                                                    tt't in Belgium. ACEC (Charleroi); in the Federal
        Whereas the Commission accordingly announced, by            Republic of Germany AEG-Telefunken AG (Olden­
        • notice published in the Official Journal of iht Euro-    burg). Bauknecht GmbH (Stuttgart), and- Siemens AG
        ptan CommiihitieiC). the initiation of t proceeding        (Erlangen); in France. Alsthom-Unelec (Paris),
        concerning imports of standardized electric mulii-          Compagnie tlectto-Mecanique SA. (Paris) and Lcroy-
        phase motors having an output of more than 0*75 kW          Somer SA (Angouleme) ; and in Italy, Ansaldo S.pA
        but not more than 7J kW originating in Bulgaria,            (Gcnova) and Ercole Marclli S.pA (Milano) ;
      - Czechoslovakia,^ the German Democratic Republic,                                                           I
         Hungary, Po4«id, Romania or the USSR, and                  Whereas, in order to establish whether the abovemen-
         commented an investigation of the matter at Commu-         tioned imports were dumped, the Commission had to
        jiity level i                                               take into account the fact that Bulgaria, Czechoslo­
                                                                    vakia, the German • Democratic Republic, Hungary,
         Whereas the Commission officially so advised the            Poland, Romania and the USSR are not market
         exporters and importers known to be concerned ;             economy countries l
         Whereas the Commission has given the parties                Whereas, for that reason, the Commission had to base
         directly concerned the opportunity «0 make known            its calculations on the normal value in • market
         their views in writing and to be heard orally, and to       economy country ; whereas, in thaf connection, the
         (') OJ No L J ». Jt . li I »7"». P
                                                                     complaint had cited the Austrian and Spanish
                                                                     domestic markets ;
         (<) O) No C 101. 21. 4. I »?». P
 ---pagebreak---                     whereas, on the basis of contacts with Austrian and
                   Spanish producers and inspections carried out on
                   their premises, and in the light of the arguments put         Whereas        the best information available suggests
                   forward in *he course of the hearings by the exporters -        that for 1978 imports of standardized electric multi­
                   concerned, iritrr ti/ni disputing the comparability of          phase motors with an output of mote than 0-75 kW
                   the Spanish market, a comparison with the price of              but not more than 75 kW originating in the countries
                • electric motors on the . Austrian . - domestic market
                                                                                  covered by the investigation took a market share of
                 appeared reasonable at least lor the purposes of a                28 % in the Community, 44 % in Belgium, 41 % in
                   preliminary finding of dumping, since the manufac­              Denmark and France, 46 % in Italy and 12 % in the
                   turing processes and technical standards and also the           Federal Republic of Germany (excluding inter-
                   technology are similar, while the large volume of              German trade);       i
                   imports, notably from the countries cited in the
                   complaint , apoeared ,0 guarantee a fair level of
                   prices ;
                                                                                  Whereas in 1978 imports into the Community origi­
                                                                                  nating in the Soviet Union accounted for 515 % of
                                                                                  the imports from all the countries in .question ;
                   whereas the preliminary assessment of dumping has              whereas in France that share was 13-5 % , and in both .
 accordingly been effected by comparing the average                               the Federal Republic of Germany and Italy, 4-3 %,
                  Austrian ex-works prices for sales over the period              those three countries being the main importers
                  from September 1978 to September 1979 with" prices              among the Member States of electric motors origi­
                  for imports into the Community from the countries               nating in the USSR ;                                      o
                  in question over the same period ;
                  whereas, to take due account of the differences                Whereas the resale prices in the Community of              ,-
       -          affecting price comparability, the maximunf discounts          motors, originating in the countries in question have
                  for bulk orders and cash payment, and sales and                undercut those of like motors produced by Commu­
                                                                                 nity manufacturers by between 10 % and SI % ;
                  service costs borne by the Austrian manufacturers,
  have been             deducted from Austrian list prices ; whereas only        whereas, for example, the resale price of a B3 type l-I
                  fob or cif export prices were available, but no adjust­        kW i 500 rpm motor imported from the USSR was
                                                                                 37 % lower than the price of the same motor
 ment -has           beOO effected to take account of the transport
                  costs included in those prices ; whereas all the above         produced in France, and 51 % lower than the price of
factors have had , (he effect of reducing the difference                         the same motor produced, in Italy ;
                  between Austrian ex-works prices and export prices ;
                                                                              , whereas the consequent impact on the Community . ;
                  Whereas the above preliminary examination' of the              industry, whose voiumr of production has been stag-*
   facts showed , the existence of dumping in respect Of the , , . .tilting since 1976. has taken the form - of a .,
                 imports considered in the investigation, the dumping depression                  Vbf Community orices,' in real,
                  margin bemg equal to the amount bv which , the .• '.•terms, "making it itioossibLe iri most instances
                  normal value as established above exceeded the              to cover production costs;                                ^
                export price              V       - to the Community ;
    ;         . whereas the margin varied depending On the: tvpe. of        - Whereas most of the Community firms ,                         O
                 motor, the exporting country, and the importing                consequently mada considerable losses on the stand-
                 Member State', whereas, for example, the said margin -j n - ardized multi-phase motors covered by the procedure,
   every case exceeded                   '9-65 EUA for B 3 tvpe l i kW          and this '■» put af- usk the profitability of the rotary
                 1 500 rpm motors, which are one ot the commonest               machinery industry as a whole, and has a'l ready Led to
           ■: - types ,                                           '       ■ •   an- appreciable fall in the numbers directly employed'
                                                                                in the manufacture of electric motors, from 28 300 in
                                                                                 1974 to 23 600 in | 9 /8 ; ,                             "
     ,   ;       wheregj. with regard to the in|ury caused to the
              ^ Community industry, the.-i evidence available to the
    Commission, snowed th .1t imports-into the Community                        whereas injuries caused by other factors which could
                 of the* electric motors in question originating in the         adversely affect the Community industry, such as the
                 countries, covered -by the investigation have ris ?            volume and prices of other imports, or stagnation of
    from approximately 462 000 Units in 197 ? to X56 0(10 units                 demand, have been examined and have not besn attri­
                 in 1978, and reached 469 000 units for the first six           buted to the imports under consideration ; .
                 months of 1979 ;
                                                                                Whereas the preliminary examination of the facts showed
                                                                               the existence of dumping , and there W3S suff'
                                                                                vient cvwvncv ol conscuucJU mjurv
 ---pagebreak---     Whereas , in these circumstances , the interests of the Community called for
    action to prevent injury being caused during the proceeding ;      "
    Whereas such action took the form of a provisional anti-dumping duty imposed
    on imports of the electric motors concerned ;
   Whereas , in the course of the investigation , undertakings     were    given
   by the exporting bodies , in Bulgaria ( Electroimpex - Sofia ), Czechoslovakia
    ( Zavody Silnoproude Elektrotechniky - Prague ), the German Democratic
! Republic ( Elektrotechnik - Import-Export - Berlin ), Hungary ( Transelektro -
   Budapest ), Poland ( Elektrim - Warsaw ) and Romania ( Electroexportimport -
   Bucharest ); whereas the price increases resulting from the application of
   these undertakings convinced the Commission that it was not necessary to
   take protective action in respect of products originating In those countries ,
   Whereas , in these circumstances , imports from these countries have, been
   exempted from application of the duty ;             *
   Whereas , since the imposition of the preliminary anti-dumping duty no
   supplementary information has been received from the parties concerned
   and no-one has contested or provided arguments against the preliminary
  determinations made by the Commission ;
  Whereas , therefore , the calculations and determinations of dumping and
 material injury remain unchanged ;
           /                  _                            '                      . -
 Whereas , meanwhile , since the imposition of the provisional duty , similar
 undertakings to those given by the export organizations of the other
 State-trading countries concerned have been given by the Soviet exporter
 Energomachexport ( Moscow ); whereas these undertakings have been accepted
 .      ..      ..    1
 by the Commission ;
 1
    Cf. Decision of the Commission accepting undertakings given by the firm
    Energomachexport ( Moscow ).
 ---pagebreak---                                 - 4 -
Whereas , in these circumstances , the procedure can be closed without the
imposition of a definitive anti-dumping duty ;
                          w
Whereas , however , because of the existence of dumping by the Soviet exporter
the material injury suffered by the Community industry and taking into
account the lateness of the undertaking given by Energomachexport and the
need not to penalise the exporters who have previously given similar
undertakings , the interests of the Community require that the provisional
duty imposed is collected ,
HAS ADOPTED THIS REGULATION :
                            Article 1
The amounts guaranteed under the provisional anti-dumping duty applied
by Regulation ( EEC ) No 451 / 80 are definitively levied .
             ,              Article 2
This Regulation shall enter into force on 22 June 1980 . *
  \                                 t
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                    For the Commission
                                                      The President