CELEX: 51982PC0482
Language: en
Date: 1982-07-14
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on upright pianos originating in the USSR (presented by the Commission to the Council)

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COM (82) 482
Vol. 1982/0161
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(82 ) 482 final
                                                     Brussels , 14th July 1982
                   PROPOSAL FOR A COUNCIL REGULATION ( EEC )
         imposing a definitive ant i -dumping duty on upright pianos
         originating in the USSR
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                (presented by the Commission to the Council )
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C0M(82 ) 482 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
1 . In April 1982 , the Commission imposed a provisional anti-dumping duty
                                                           1
on imports of upright pianos originating in the USSR . This duty is due
to expire not later than 16 August 1982 .
2.  Following the imposition of the provisional duty , the Commission
received from one of the Community importers concerned new evidence
concerning the calculation of the dumping margins .                 •
                                                  This  new evidence has been
taken into account , and has resulted in the determination of a considerably
lower dumping margin than that provisionally established .
3.  As regards the injury caused to the Community industry , no new evidence
                                                             own
has been submitted to the Commission .       The Commission' s/ investigations
show that USSR pianos continue to undercut the prices of Community pianos
by  an amount exceeding the dumping margin .
4.  In these circumstances , it is proposed that the Council decide to
impose a definitive anti-dumping duty on upright pianos originating in the
USSR equal to the dumping margin definitively determined , namely 284 ECU
per piano, and to collect definitively the amounts secured by way of
provisional duty , up to the amount of the definitive duty .
  Commission Regulation ( EEC ) No 871 / 82 , OJ No L 101 , 16.04.1982 , p . 30
 ---pagebreak---                                       COUNCIL REGULATION ( EEC ) No
                                      of
                 imposing a definitive anti-dumping duty on upright pianos originating
                 in the USSR
                 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                 Having regard to the Treaty establishing the European Economic Community ,
  Reg . ( EEC )  Having regard to Council Regulation ( EEC ) No 3017 / 79 of 20 December 1979
  1570 / 81
  0J L 154
                 on protection against dumped or subsidized imports from countries not
                                                               1
  13.06.1981     members of the European Economic Community , as modified by Council Regulation
                 ( EEC) No 1580/82 of 14 June 1982^, and in particular Article 12 thereof,
                 Having regard to the proposal submitted by the Commission after consultation
                 within the Advisory Committee set up under Article 6 of Regulation ( EEC )
                 No 3017 / 79 ,
                                                                                  M
                 Whereas the Commission , by Regulation ( EEC ) No 871 / 82 , imposed a provisional
                 anti-dumping duty on upright pianos originating in the USSR of 476 ECU
                 per piano ;
»                Whereas , following the imposition of the provisional duty , the Commission
                 received a written submission from Razno and Company Limited , a company
                 whose interest in this case was previously unknown to the Commission ,
                 stating that it was a past , and potential future , importer of USSR pianos ,
                 and making known its views concerning the duty ; whereas Razno requested ,
                 and was granted , an opportunity to be heard orally by the Commission ;
                 whereas the Commission also received a written submission from the complainant ;
                 Whereas Razno also requested to be informed of certain of the essential facts
                 and considerations on the basis of which it was intended to recommend
                definitive action ; whereas this request was granted ;
                   0J No L 339 , 31.12.1979 , p.  1
                 jOJ No L 178, 22.06.1982, p. 9
                   0J No L 101 , 16.04.1982 , p. 30
 ---pagebreak---                              - 2 -
Whereas , as regards the determination of the dumping margin , Razno has
submitted comments concerning both the normal value and the export price ;
Whereas , as regards the normal value , Razno do not contest the choice of
 Finland as basis for the normal value of USSR pianos ; whereas , however , they
contend that USSR pianos are of considerably inferior quality to Finnish
pianos , and that the allowance made for this by the Commission in its
preliminary determination of the dumping margin , on the basis of the
evidence then available to it , should be revised to take account of new
evidence supplied by Razno in its submissions ; whereas this new evidence
covers in particular the defective condition of USSR pianos on arrival at
the premises of the importers , and the cost to the importers of making good
the defects in question ; whereas the Commission has taken due account of
this new evidence , and revised its calculation of normal value accordingly ;
Whereas , as regards the export price , Razno have produced evidence that
the export price of USSR pianos has been increased on two occasions since
September 1981 , the latest period taken into account by the Commission in
its preliminary determination of the dumping margin ; whereas the Commission
has accepted this evidence and has established a revised export price ;
Whereas a comparison between the most recent export price and the revised
normal value shows a dumping margin of 234 ECU per piano , which is equivalent
to 41.8% of the price free Community frontier ;
Whereas , as regards the injury caused to the Community industry , no new
evidence has been submitted to the Commission since the imposition of
the provisional duty ;
Whereas the Commission has nevertheless considered it appropriate to re-
examine the situation as regards price undercutting , following the increases
in the export price referred to above ; whereas this shows that , despite
the increase in the USSR export price , the prices of USSR pianos in the
Community , free delivered distributor 's warehouse duty paid , are 48% below
 ---pagebreak---                                   - 3 -
the minimum price which a Community producer must charge to make a normal,
profit ; whereas , even allowing for the costs which the distributor has
to incur in order to prepare USSR pianos' for sale , the export price of
those pianos would still need to be increased by 69% to eliminate the
effective price undercutting ;
Whereas , therefore , in the Commission 's view , the facts as finally
determined show that the injury being caused by dumped imports of upright
pianos originating in the USSR , taken in isolation from that caused by
  other factors , has to be considered as material ;
                                                       1
Whereas the Council , by Regulation ( EEC ) No 596 / 82 , introduced certain
measures designed , in the interests of the Community , to reduce imports from
the USSR ; whereas , however , Regulation ( EEC ) No 596 / 82 applies only until
31 December 1982 , and does not prevent the release for free circulation of
products imported in pursuance of contracts entered into before 17 April 1982 ;
whereas the effect of Regulation ( EEC ) No 596 / 82 on the inj ury ^caused to
the Community industry by imports of dumped USSR       pianos    will thus be
limited both in time and in scope ; whereas , moreover , there will be no
direct effect on the level of price undercutting which the present
investigation has shown to exist ; whereas consequently the measures taken
under Regulation ( EEC ) No 596 / 82 cannot be regarded as substituting for , or
lessening the need for , definitive measures covering all imports of USSR
  pianos   taken in accordance with the provisions of Regulation ( EEC )
No 3017 / 79 ; whereas , finally , the purpose of Regulation ( EEC ) No 596 / 82 was
 to reduce imports from the USSR independently of the effects of other Community
measures applying to imports ; whereas this purpose would be frustrated if
 allowance were made for the effects of Regulation ( EEC ) No 596 / 82 in the
 normal implementation of these other Community measures ;
                                  t
 Whereas in these circumstances the protection of the Community 's interests
 calls for the imposition of a definitive anti-dumping duty on imports of
 upright pianos originating in the USSR ;
 Whereas , taking into account the extent of injury caused by the dumped
 imports , and in particular the level of price undercutting , the amount of
 the definitive duty should be equal to the dumping margin definitively
 established ,
   0J No L    72 , 16.03.1982 , p. 15
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                                Article 1
1.   A definitive anti-dumping duty is hereby imposed on new upright pianos
falling within subheading 92.01 A ex I  of the Common Customs Tariff ( Nimexe
Code 92.01-12 ) originating in the USSR .
2.   The definitive anti-dumping duty shall be 284 ECU per piano .
3.   The provisions in force with regard to customs duties shall apply to
the definitive anti-dumping duty .
                               Article 2
The amounts secured by way of provisional duty under Regulation ( EEC )
No 871 / 82 shall be definitively collected up to an amount of 284 ECU
per piano .
                               Article 3
This Regulation shall enter into force on the third 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
                                                      V