CELEX: 51991PC0080
Language: en
Date: 1991-03-15
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) IMPOSING DEFINITIVE ANTI-DUMPING DUTIES ON IMPORTS OF CERTAIN WELDED TUBES, OF IRON OR NON-ALLOY STEEL, ORIGINATING IN TURKEY OR IN VENEZUELA AND DEFINITIVELY COLLECTING THE PROVISIONAL ANTI-DUMPING DUTIES IMPOSED ON SUCH IMPORTS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0M(91) 80 final
                                          Brussels, 15 March 1991
                         Proposal for a
                   COUNCIL REGULATION (EEC)
    imposing definitive anti-dumping duties on imports of
      certain welded tubes, of iron or non-alloy steel,
          originating in Turkey or in Venezuela and
           definitively collecting the provisional
                antI-dumping duties imposed on
                          such imports
                 (presented by the Commission)
 ---pagebreak---                                      - 2 -
                            EXPLANATORY MEMORANDUM
1. With Commission     Regulation   (EEC) No 3617/90 of     11 December   1990,
   provisional    anti-dumping duties were     imposed on   imports of welded
   tubes, of iron or non-alloy steel, originating in Turkey and Venezuela
   and undertakings in connection with such imports were accepted.
2. Having been informed of the main conclusions of the investigation,
   none of the parties concerned made known their views in writing or
   applied to be heard by the Commission.
3. In accordance with the provisions of Article 12 of Council Regulation
   (EEC) No 2423/88 the Commission, after consultation of the Advisory
   Committee,    proposes   to  impose   definitive   anti-dumping   duties  on
   imports of welded tubes, of iron or non-alloy steel, originating in
   Turkey   and Venezuela. The duty shall        not apply   to the following
   companies of which      price undertakings     have been   accepted  by  the
   Comm i ssIon :
       Borusan Birlesik Boru Fabrikalari A.S., Turkey
       Borusan Ihracat I thai at ve Dagitim A.S., Turkey
       YUcel Boru ve Profil Endtistrisi A.S., Turkey
       Cayirova Boru Sanayi ve Ticaret A.S., Turkey
       YUcel Boru Ihracat I thai at ve Pazarlama A.S., Turkey
       Conduven, Caracas, Venezuela and        its exporter, Connectors, New
       York, USA.
   The Commission also proposes to collect definitively the provisional
   duties.
 ---pagebreak---                                        - 3 -
                                  Proposal for a
                            COUNCIL RÇGAJLATIÇ-N (EEC)
            imposing definitive anti-dumping duties on imports of
              certain welded tubes, of iron or non-alloy steel,
                  originating in Turkey or in Venezuela and
                    definitively collecting the provisional
                         anti-dumping duties imposed on
                                   such imports
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on
protection against dumped or subsidized imports from countries not members
of  the   European    Economic   Community1,    and  in   particular   Article   12
thereof,
Having   regard   to   the  proposal    from   the  Commission    submitted   after
consultation within the Advisory Committee as provided for under the above
Regulation,
Whereas:
                               A. Previous action
(1) By Regulation (EEC) No 3617/90 2 the Commission         imposed a provisional
    anti-dumping duty on imports of certain welded tubes, of iron or non-
    alloy   steel, originating      in Turkey    or  in Venezuela    and   accepted
    undertakings    offered   by   major   exporters   in  connection    with  such
    imports.
1   OJ No L 209, 02.08.1988, p. 1.
2   OJ No L 351, 15.12.1990, p. 17.
 ---pagebreak---                                     - 4 -
                          B. Subsequent procedure
(2) Having been   informed of the main conclusions of      the preliminary
    investigation, none of the parties concerned made known their views in
    writing or applied to be heard by the Commission within the period
    specified in Article 3 of Regulation (EEC) No 3617/90.
                                 C. Dumping
(3) As no new evidence on dumping has been received since the imposition
    of the provisional duties in respect of imports originating in Turkey
    and Venezuela, the findings on dumping with regard to Turkey and
    Venezuela, as set out in Regulation (EEC) No 3617/90, are therefore
    considered to be definitive.
                                  D. Injury
(4) With regard to injury, as no new evidence has been received since the
    imposition of the provisional duties in respect of imports originating
    in Turkey and Venezuela, the findings as set out in Regulation (EEC)
    No 3617/90 are therefore confirmed.
                           E. Community interest
(5) No observations were received from any user of welded tubes, of iron
    or non-alloy steel, imported from Turkey and Venezuela and subject to
    provisional anti-dumping duties within the time limit laid down in
    Article 3 of Regulation (EEC) No 3617/90.
 ---pagebreak---                                     - 5 -
(6) The Commission's conclusion, that it is in the Community's interest
    that   action  be    taken,   is   therefore  confirmed.   Under   these
    circumstances, in order that the risk of circumvention of the anti-
    dumping measures be minimized, protection of the Community's interest
    calls for the imposition of definitive anti-dumping duties on imports
    of certain welded tubes, of iron or non-alloy steel, originating in
    Turkey and Venezuela.
                               F. Rate of duty
(7) The provisional anti-dumping duties were calculated as being adequate
    to remove the    injury to the Community     industry. The provisional
    findings of the Commission having been confirmed, the amounts of the
    definitive anti-dumping duties should be the same as the amounts of
    the provisional duties.
                               G. Undertakings
(8) The Turkish and Venezuelan producers/exporters which cooperated during
    the investigation, having been informed of the preliminary findings of
    the Commission services with regard to dumping and injury, offered
    price undertakings which, after      consultation within   the Advisory
    Committee, have been accepted under Regulation (EEC) No 3617/90.
                     H. Collection of provisional duty
(9) In view of the high      level of the dumping margins found and the
    seriousness of   the   injury caused    to Community  producers,  it  is
    considered necessary that amounts secured by way of provisional anti-
    dumping duty should be collected in full.
 ---pagebreak---                                    - 6 -
                              I. Consultation
(10)    The Advisory Committee has been consulted with regard to this
        course of action and has raised no objection to the proposals.
HAS ADOPTED THIS REGULATION:
                                 Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of welded
tubes, of iron or non-alloy steel, threaded or threadable, zinc coated or
not, of circular cross-section, of an external diameter of not more than
168.3 mm, falling within CN codes 7306 30 51, 7306 30 59, ex 7306 30 71,
(TARIC code: 7306 30 71*90), ex 7306 30 78, (TARIC code: 7306 30 78*90),
originating in Turkey or in Venezuela.
2. The rate of the duty shall be 18.5% for products originating in Turkey
(TARIC additional code   : 8511) and 22.1% for products originating in
Venezuela (TARIC additional code : 8513). The duty shall be calculated on
the net price, free-at-Community-front1er, customs uncleared.
3. Notwithstanding paragraph    2, the duties shall     not  apply for  the
products concerned
- exported directly to the Community by
  - BORUSAN BIRLESIK BORU FABRIKALARI A.S.   (TARIC additional code : 8510)
  - BORUSAN IHRACAT ITHALAT VE DAGITIM A.S. (TARIC additional code : 8510)
 ---pagebreak---                                    - 7-
  - YUCEL BORU VE PROFIL ENDUSTRISI A.S. (TARIC additional code : 8510)
  - CAYIROVA BORU SANAYI VE TICARET A.S. (TARIC additional code : 8510)
  - YUCEL  BORU   IHRACAT  ITHALAT  VE  PAZARL AMA A.S.   (TAR IC additional
    code : 8510)
- produced by CONDUVEN, Caracas, Venezuela and exported by
- CONNECTORS, New York, USA. (TARIC additional code : 8512).
4. The provisions in force concerning customs duties shall apply.
                                 Article 2
The amounts secured by way of provisional anti-dumping duty pursuant to
Regulation (EEC) No 3617/90 shall be definitively collected in full.
                                 Article 3
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,                           For the Council
                                             The President
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