CELEX: 31978K0160
Language: en
Date: 1978-01-27 00:00:00
Title: Commission recommendation No 160/78/ECSC of 27 January 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in the German Democratic Republic, Romania and Spain

28 . 1 . 78                          Official Journal of the European Communities                               No L 23/33
                             COMMISSION RECOMMENDATION No 160/ 78 / ECSC
                                                      of 27 January 1978
               imposing a provisional anti-dumping duty on certain sheets and plates, of iron
               or steel, originating in the German Democratic Republic, Romania and Spain
THE COMMISSION OF THE EUROPEAN                                     the first six months of 1977, imports originating in
COMMUNITIES,                                                       the German Democratic Republic, Romania and
                                                                   Spain having risen from 193 000 tonnes in 1974 to
Having regard to the Treaty establishing the European              124 000 tonnes during the first six months of 1977,
Coal and Steel Community, and in particular Articles               and that, as a result, they have been able to acquire a
74 and 86 thereof,                                                 market share in the Community of 20 % in total and
                                                                   1 1 % for imports originating in the German Democ­
Having regard to Commission recommendation                         ratic Republic, Romania and Spain , together with
77/329/ECSC on protection against dumping or the                   those from Bulgaria, Czechoslovakia and Japan which
granting of bounties or subsidies by countries which               are already subject to a provisional anti-dumping duty,
are not members of the European Coal and Steel                     and that, on the other hand, the Community steel
Community ('), as amended by recommendation No                     industry is in a crisis situation characterized by a
3004/77/ECSC (2), and in particular Articles 1 5 and 1 9           reduction of about 40 % in the production of the
thereof,                                                           sheets and plates concerned between 1974 and 1977
                                                                   in the Community and by a reduction in the number
Having heard the opinions expressed within the Advi­               employed from 780 000 to 720 000 between 1974 and
sory Committee provided for by recommendation                      1977 and by short-time working and that, as a result,
77/329/ECSC,                                                       the Community steel industry recorded serious losses
                                                                   in most of the firms concerned ;
Whereas the Commission has received a complaint,
submitted in the name of the relevant Community
industry, setting out evidence as to the existence of             Whereas, in order to remedy this situation, the
dumping of certain sheets and plates, of iron or steel,            Commission has introduced inter alia a system of
originating in the German Democratic Republic,                    guidance prices (4) for sales within the Community of
Romania, Spain and certain other countries, and of                certain steel products produced by the European steel
material injury resulting therefrom ;                              industry ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of          Whereas the import prices into the Community of
production in the supplying countries where normal                 products originating in the German Democratic Repu­
conditions of competition prevail, including the costs            blic, Romania and Spain are considerably lower than
of transport, insurance and customs duties ;                      these guidance prices and that such undercutting
                                                                  prevents the European producers from achieving the
Whereas the prices of imports into the Community of               guidance prices and jeopardizes the equilibrium of the
the products which are the subject of the complaint               entire pricing system and threatens to cause material
have been compared with these basis prices ;                      injury to the Community industry or to a major part
                                                                  of it ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products,
originating in the German Democratic Republic,                    Whereas immediate action has been requested by a
Romania and Spain, are offered for import within the              Member State ;
Community (the French market) at prices lower than
the basis prices and that dumping has taken place, the
margin of which is constituted by this undercutting ;             Whereas, in the serious conditions being experienced
                                                                  by the Community steel industry, the interests of the
Whereas, with regard to injury to the industry                    Community require immediate action ;
concerned, the evidence submitted to the Commis­
sion shows that, on the one hand, imports into the                Whereas it is for the Commission, without prejudice
Community of the products increased globally from                 to the results of the investigation opened in accor­
1 242 000 tonnes in 1974 to 903 000 tonnes during                 dance with Article 1 1 of recommendation 77/329/
(') OJ No L 114, 5. 5. 1977, p. 6.
                                                                  ECSC, to decide promptly to apply provisional
(2) OJ No L 352, 31 . 12. 1977, p. 13 .                           measures consisting of the imposition of a provisional
(3) Communication from the Commission of 31 December
    1977 concerning the basis prices of certain steel products    (4) OJ No L 114, 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 /34                       Official Journal of the European Communities                              28 . 1 . 78
anti-dumping duty on imports of the products                 3 . The provisions in force for the collection of
concerned, originating in the German Democratic              customs duty shall apply to the collection of this duty.
Republic, Romania and Spain, the rate of which corres­
ponds to the difference between the basis price                                    Article 2
published by the Commission for this product and its
price on importation into the Community,                    The entry of the products described in Article 1 for
                                                             consumption within the Community shall be condi­
                                                             tional upon the deposit of a security for the amount of
HAS ADOPTED THIS RECOMMENDATION :
                                                             the provisional duty.
                        Article 1                                                  Article 3
1 . A provisional anti-dumping duty is hereby               This recommendation is addressed to the Member
imposed on the following products originating in the         States .
German Democratic Republic, Romania and Spain :
— sheets and plates, of iron or steel, other than elec­      They shall take all necessary measures to ensure that
    trical , not further worked than hot-rolled, of a        the provisions apply with effect from 28 January 1978
    thickness of 2 mm or more,                               for a maximum period of three months.
— Common Customs Tariff subheading 73.13 B I a),
— NIMEXE codes 73.13-17, 19 , 21 , 23 and 26 .               Done at Brussels, 27 January 1978 .
2. The amount of this duty shall be the amount by
                                                                                      For the Commission
which the effective price (basic price plus extras) esta­
blished by contract, free frontier duty-paid, is lower                               Wilhelm HAFERKAMP
than the effective price (basic price plus extras)
published by the Commission for this product.                                             Vice-President