CELEX: 31978K0359
Language: en
Date: 1978-02-20 00:00:00
Title: Commission recommendation No 359/78/ECSC of 20 February 1978 imposing a provisional anti-dumping duty on certain galvanized sheets and plates originating in the German Democratic Republic and Japan

22. 2. 78                            Official Journal of the European Communities                           No L 50 / 13
                            COMMISSION RECOMMENDATION No 359/78 / ECSC
                                                     of 20 February 1978
              imposing a provisional anti-dumping duty on certain galvanized sheets and
                     plates originating in the German Democratic Republic and Japan
THE COMMISSION OF THE EUROPEAN                                   sion shows that, on the one hand, imports into the
COMMUNITIES,                                                     Community of the products increased globally from
                                                                 62 000 to 224 000 tonnes between 1974 and 1977 ,
Having regard to the Treaty establishing the European            imports originating in the German Democratic Repu­
Coal and Steel Community, and in particular Articles             blic and Japan having risen from 34 000 to 70 000
74 and 86 thereof,                                               tonnes in the same period, and that, as a result, they
                                                                 have been able to acquire a market share of 8 % in
                                                                 total and 5 % for imports originating in the German
Having regard to Commission recommendation                        Democratic Republic and Japan , together with those
77/329/ ECSC of 15 April 1977 on protection against              from Poland and Spain , which are already subject to a
dumping or the granting of bounties or subsidies by              provisional anti-dumping duty in the Community and
countries which are not members of the European                  that, on the other hand, the Community steel industry
Coal and Steel Community ('), as amended by recom­               is in a crisis situation characterized by a reduction in
mendation No 3004/77/ECSC (2), and in particular                 the number employed from 780 000 to 720 000
Articles 15 and 19 thereof,
                                                                 between 1974 and 1977 and by short-time working
                                                                 and that, as a result, the Community steel industry
Having heard the opinions expressed within the Advi­              recorded a reduction in profits or the appearance of
sory Committee provided for by recommendation                    serious losses in most of the firms concerned ;
77/329/ ECSC,
Whereas the Commission has received a complaint,
submitted in the name of the relevant Community                  Whereas the import prices of deliveries originating in
industry, setting out evidence as to the existence of             the German Democratic Republic and Japan are
dumping of certain galvanized sheets and plates origi­           considerably lower than the already low prices of the
nating in the German Democratic Republic, Japan                   Community producers and thus accentuate the depres­
and certain other countries and material injury                  sion of Community prices, thereby causing or threat­
resulting therefrom ;                                             ening to cause material injury to the Community
                                                                  industry or a major part of it ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of
production in the supplying countries where normal
conditions of competition prevail, including the costs            Whereas immediate action has been requested by one
of transport, insurance and customs duties ;                      Member State ;
Whereas the prices of imports into the Community of
the products which are the subject of the complaint
have been compared with these basis prices ;                      Whereas, in the serious conditions being experienced
                                                                  by the Community steel industry, the interests of the
Whereas a preliminary examination of the matter                   Community require immediate action ;
based on this comparison shows that these products,
originating in the German Democratic Republic and
Japan, are offered for import within the Community
(United Kingdom market) at prices lower than the
basis prices and that dumping has taken place, the
                                                                  Whereas it is for the Commission, without prejudice
                                                                  to the results of the investigation opened in accor­
margin of which is constituted by this undercutting ;             dance with Article 1 1 of recommendation 77/ 329/
                                                                  ECSC, to decide promptly to apply provisional
Whereas, with regard to injury to the industry                    measures consisting of the imposition of a provisional
concerned, the evidence submitted to the Commis­                  anti-dumping duty on imports of the products
                                                                  concerned originating in the German Democratic
(») OJ No L 114, 5. 5. 1977, p. 6.                                Republic and Japan , the rate of which corresponds to
(2) OJ No L 352, 31 . 12. 1977, p. 13 .
(') Communication from the Commission of 31 December              the difference between the basis price published by
    1977 concerning the basis prices of certain steel products    the Commission for this product and its price on
    (OJ No L 353, 31 . 12. 1977, p. 1 ).                          importation into the Community ;
 ---pagebreak--- No L 50/ 14                        Official Journal of the European Communities                             22. 2. 78
MAKES THE FOLLOWING RECOMMENDATION :                         tional upon the deposit of a security for the amount of
                                                             the provisional duty.
                       Article 1
                                                                                      Article 3
1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in the         This recommendation shall be notified to the Member
German Democratic Republic and Japan :                       States .
— zinc-coated (other than electrolytically) steel sheets      It shall enter into force for each Member State on the
    and plates (galvanized),                                 date of its publication in the Official Journal of the
— Common Customs Tariff subheading 73.13 B IV                 European Communities.
    c),
— NIMEXE code 73.13-68 and 72.                               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             Done at Brussels, 20 February 1978 .
customs duty shall apply to the collection of this duty.
                                                                                         For the Commission
                       Article 2
                                                                                         Étienne DAVIGNON
The entry of the products described in Article 1 for
consumption within the Community shall be condi­                                     Member of the Commission