CELEX: 31978K0263
Language: en
Date: 1978-02-07 00:00:00
Title: Commission recommendation No 263/78/ECSC of 7 February 1978 imposing a provisional anti-dumping duty on certain angles, shapes and sections, of iron or steel, not further worked than hot-rolled or extruded, originating in Japan

9 . 2 . 78                             Official Journal of the European Communities                                No L 39 / 15
                               COMMISSION RECOMMENDATION No 263 / 78 / ECSC
                                                        of 7 February 1978
               imposing a provisional anti-dumping duty on certain angles, shapes and
               sections, of iron or steel , not further worked than hot-rolled or extruded, origi­
                                                          nating in Japan
THE COMMISSION OF THE EUROPEAN                                       Community of the products increased globally from
COMMUNITIES,                                                         347 000 tonnes in 1974 to 240 000 tonnes during the
                                                                     first six months of 1977, imports originating in Japan
Having regard to the Treaty establishing the European                having risen from 3 671 tonnes in 1974 to about
Coal and Steel Community, and in particular Articles                  19 720 tonnes in the same period, and that, as a result,
74 and 86 thereof,                                                   they have been able to acquire in the Community a
                                                                     market share of 10-6 % in total and more than 5 %
Having regard to Commission recommendation                           for imports originating in Japan, together with those
77/329/ ECSC of 15 April 1977 on protection against                  from Spain, which are already subject to a provisional
dumping or the granting of bounties or subsidies by                  anti-dumping duty in the Community and that, on
countries which are not members of the European                      the other hand, the Community steel industry is in a
Coal and Steel Community ('), as amended by recom­                   crisis situation characterized by a reduction of about
mendation No 3004/77/ ECSC (2 ), and in particular                   21 % in the deliveries of the products concerned
Articles 15 and 19 thereof,                                          between 1974 and 1977 in the Community, and by a
                                                                     reduction in the number employed from 780 000 to
Having heard the opinions expressed within the Advi­                 720 000 between 1974 and 1977 and by short-time
sory Committee provided for by recommendation                        working and that, as a result, the Community steel
77/329/ ECSC,                                                        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 angles, shapes and sections, of                   Commission has introduced a system of guidance
iron or steel , not further worked than hot-rolled or                prices (4) for sales within the Community of certain
extruded, originating in Japan and certain other coun­               steel products produced by the European steel
tries, and of material injury resulting therefrom ;                  industry ;
Whereas the Commission has published basis                           Whereas the import prices into the Community of
prices (3) based on the lowest normal prices or costs of             products originating in Japan are considerably lower
production in the supplying countries where normal                   than these guidance prices and that such undercutting
conditions of competition prevail , including the costs              prevents the European producers from achieving the
of transport, insurance and customs duties ;                         guidance prices and jeopardizes the equilibrium of the
                                                                     entire pricing system and causes or threatens to cause
Whereas the prices of imports into the Community of                  material injury to the Community industry or to a
the products which are the subject of the complaint                  major part of it ;
have been compared with these basis prices ;
Whereas a preliminary examination of the matter                      Whereas immediate action has been requested by
based on this comparison shows that these products,                  several Member States ;
originating in Japan, are offered for import within the
Community (United Kingdom and Belgian markets)
at prices lower than the basis prices and that dumping               Whereas, in the serious conditions being experienced
has taken place, the margin of which is constituted by               by the Community steel industry, the interests of the
this undercutting ;                                                  Community require immediate action ;
Whereas, with regard to injury to the industry
concerned , the evidence submitted to the Commis­                    Whereas it is for the Commission , without prejudice
                                                                     to the results of the investigation opened in accor­
sion shows that, on the one hand, imports into the                   dance with Article 1 1 of recommendation 77/ 329/
(') OJ No L 1 14, 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.
     (OJ No L 353 , 31 . 12 . 1977, p. 1 ).                              1977 ; OJ No L 352, 31 . 12. 1977, p. 17.
 ---pagebreak--- No L 39 / 16                        Official Journal of the European Communities                              9 . 2 . 78
anti-dumping duty on imports of the products                                           Article 2
concerned, originating in Japan, the rate of which
                                                               The entry of the products described in Article 1 for
corresponds to the difference between the basis price          consumption within the Community shall be condi­
published by the Commission for this product and its           tional upon the deposit of a security for the amount of
price on importation into the Community,
                                                               the provisional duty.
MAKES THE FOLLOWING RECOMMENDATION :
                                                                                       Article 3
                                                               This recommendation shall be notified to the Member
                          Article 1                            States .
1 . A provisional anti-dumping duty is hereby                  It shall enter into force for each Member State on the
imposed on the following products originating in               date of its publication in the Official Journal of the
Japan :                                                        European Com nm n ities.
— certain angles, shapes and U, I or H sections, of            Without prejudice to the provisions of Article 18 of
    iron or steel , not further worked than hot-rolled or      recommendation 77/329/ ECSC, it shall apply until
    extruded,                                                  the entry into force of an Act of the Commission
— Common Custom Tariff heading No 73.11 A I a),                either adopting definitive measures or extending the
— NIMEXE code 73.11-11 , 12, 14 and 16 .                       provisional duty, and in any event for a maximum
                                                               period of three months .
2. The amount of this duty shall be equal to the
amount by which the effective price (basic price plus          Done at Brussels, 7 February 1978 .
extras) established by contract, free frontier duty-paid,
is lower than the effective price (basic price plus                                       For the Commission
extras) published by the Commission for this product.
                                                                                         Wilhelm HAFERKAMP
3 . The provisions in force for the collection of
customs duty shall apply to the collection of this duty.                                      Vice-President