CELEX: 31978K0307
Language: en
Date: 1978-02-14 00:00:00
Title: Commission recommendation No 307/78/ECSC of 14 February 1978 imposing a provisional anti-dumping duty on imports of iron or steel coils for re-rolling originating in Australia

16 . 2 . 78                            Official Journal of the European Communities                            No L 45 / 17
                               COMMISSION RECOMMENDATION No 307 / 78 / ECSC
                                                        of 14 February 1978
                imposing a provisional anti-dumping duty on imports of iron or steel coils for
                                              re-rolling originating in Australia
 THE COMMISSION OF THE EUROPEAN                                      first six months of 1977, imports originating in
 COMMUNITIES,                                                       Australia having risen from zero to 114 000 tonnes in
                                                                     the same period, and that, as a result, they have been
 Having regard to the Treaty establishing the European              able to acquire in the Community a market share of
 Coal and Steel Community, and in particular Articles                more than 16 % in total and 9 % for imports origi­
 74 and 86 thereof,                                                  nating in Australia together with those from Bulgaria,
                                                                     Czechoslovakia, Japan and South Korea, which are
 Having regard to Commission recommendation                         already subject to a provisional anti-dumping duty in
 77/329/ECSC of 15 April 1977 on protection against                 the Community and that, on the other hand, the
 dumping or the granting of bounties or subsidies by                Community steel industry is in a crisis situation char­
 countries which are not members of the European                    acterized by a reduction in the number employed
 Coal and Steel Community ( ! ), as amended by recom­               from 780 000 to 720 000 between 1974 and 1977 and
 mendation No 3004/77/ ECSC (2), and in particular                  by short-time working and that, as a result, the
 Articles 15 and 19 thereof,                                        Community steel industry recorded a reduction in
                                                                    profits or the appearance of 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
                                                                    Commission has introduced a system of minimum
Whereas the Commission has received a complaint,
                                                                    prices (4) for sales within the Community of certain
 submitted in the name of the relevant Community
 industry, setting out evidence as to the existence of              steel products produced by the European steel
                                                                    industry ;
 dumping of iron or steel coils for re-rolling origi­
 nating in Australia and certain other countries, and
 material injury resulting therefrom ;                              Whereas the import prices into the Community of
                                                                    products originating in Australia are considerably
 Whereas the Commission has published basis                         lower than these minimum prices and that such under­
 prices (3) based on the lowest normal prices or costs of           cutting jeopardizes the equilibrium of the entire
 production in the supplying countries where normal                 pricing system and causes or threatens to cause ma­
 conditions of competition prevail , including the costs            terial injury to the Community industry or to a major
 of transport, insurance and customs duties ;                       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
 have been compared with these basis prices ;                       certain Member States ;
Whereas a preliminary examination of the matter
 based on this comparison shows that these products                 Whereas, in the serious conditions being experienced
 originating in Australia are offered for import within             by the Community steel industry, the interests of the
 the Community (the French and Italian markets) at                  Community require immediate action ;
 prices lower than 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
                                                                    dance with Article 11 of recommendation 77/329/
Whereas, with regard to injury to the industry                      ECSC, to decide promptly to apply provisional
concerned, the evidence submitted to the Commis­
                                                                    measures consisting of the imposition of a provisional
 sion shows that, on the one hand, imports into the                 anti-dumping duty on imports of the products
 Community of the products increased globally from                  concerned originating in Australia, the rate of which
 1 012 000 tonnes in 1974 to 1 015 000 tonnes in the
                                                                    corresponds to the difference between the basis price
(') OJ No L 114, 5. 5. 1 977, p. 6.
                                                                    published by the Commission for this product and its
(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 114, 5. 5. 1977, p. 1 ; OJ No L 352, 31 . 12.
     (OJ No L 353, 31 . 12. 1977, p. 1 ).                                1977, p. 17 .
 ---pagebreak--- No L 45/ 18                        Official Journal of the European Communities                           16 . 2 . 78
MAKES THE FOLLOWING RECOMMENDATION :                                                 Article 3
                        Article 1                            This recommendation shall be notified to the Member
                                                             States .
 1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in             It shall enter into force for each Member State on the
Australia :
                                                             date of its publication in the Official Journal of the
— iron or steel coils for re-rolling,                        European Communities.
— Common Customs Tariff heading No 73.08 ,
— NIMEXE code 73.08-01 to 49 .                               Without prejudice to the provisions of Article 18 of
                                                             recommendation 77/329/ECSC, it shall apply until
2. The amount of this duty shall be equal to the             the entry into force of an Act of the Commission
amount by which the effective price (basic price plus        either adopting definitive measures or extending the
extras) established by contract, free frontier duty-paid,    provisional duty, and in any event for a maximum
is lower than the effective price (basic price plus          period of three months.
extras) published by the Commission for this product.
3 . The provisions in force for the collection of
customs duty shall apply to the collection of this duty.     Done at Brussels, 14 February 1978 .
                       Article 2
                                                                                       For the Commission
The entry of the products described in Article 1 for
consumption within the Community shall be condi­                                        Étienne DAVIGNON
tional upon the deposit of a security for the amount of
the provisional duty.                                                              Member of the Commission