CELEX: 31978R1682
Language: en
Date: 1978-07-17 00:00:00
Title: Commission Regulation (EEC) No 1682/78 of 17 July 1978 extending the provisional anti-dumping duty on ferrochromium originating in Sweden

No L 193/ 14                        Official Journal of the European Communities                             18 . 7. 78
                               COMMISSION REGULATION (EEC) No 1682/78
                                                    of 17 July 1978
              extending the provisional anti-dumping duty on ferrochromium originating in
                                                        Sweden
THE COMMISSION OF THE EUROPEAN                                 Swedish market for the exporter in question brought
COMMUNITIES,                                                   up to a cif Community frontier basis, duty unpaid, is
Having regard to the Treaty establishing the European          36.05 US cents/lb, for 'charge chrome', 38.93 US
Economic Community,                                            cents/lb, for high carbon ferrochromium and 62.23
                                                               US cents/lb for low carbon ferrochromium ;
Having regard to Council Regulation (EEC) No
459/68 of 5 April 1968 on protection against                   Whereas the exports of the producer in question, even
dumping or the granting of bounties or subsidies by            if they had no major impact by themselves, when
countries which are not members of the European                taken in conjunction with other exports by South
Economic Community (!), as last amended by Regula­             African and Swedish producers have contributed to
tion (EEC) No 1411 /77 (2), and in particular Article 15       material injury as detailed in Regulation (EEC) No
thereof,                                                       1355/78 ;
Whereas by Regulation (EEC) No 1355/78 (3) the
                                                               Whereas, therefore, the interests of the Community
Commission imposed a provisional anti-dumping
duty on ferrochromium originating in the Republic of           and the principle of non-discrimination among expor­
South Africa and Sweden ;                                      ters call for the extension of the provisional anti­
                                                               dumping duty to ferrochromium manufactured by
Whereas, however, the investigation relating to a              Ferrolegeringar Trollhätteverken AB,
Swedish exporter to the Community was not suffi­
ciently advanced to enable preliminary conclusions to
be drawn ; whereas it was consequently decided to              HAS ADOPTED THIS REGULATION :
exclude this exporter from the application of this prov­
isional duty ;
Whereas, with a view to a preliminary determination                                     Article 1
of the dumping margin for the Swedish exporter in
question the Commission has in the meantime                    The provisional anti-dumping duty on ferrochromium
carried out an on-the-spot inspection at the exporter's        originating in the Republic of South Africa and
premises ;                                                     Sweden, imposed by Regulation (EEC) No 1355/78, is
                                                               hereby extended to ferrochromium manufactured by
Whereas during the investigation of the existence of           Ferrolegeringar     Trollhätteverken    AB,     Sweden .
dumping the Commission has examined the sales of               Consequently, Article 1 ( 1 ) of Regulation (EEC) No
the company in question on the domestic market to               1355/78 shall be replaced by the following, all other
determine whether or not these were made in the ordi­
                                                               provisions remaining unchanged :
nary course of trade and/or whether the selling prices
reflected a particular market situation. As a result of            ' 1 . A provisional anti-dumping duty is hereby
this examination the Commission came to the conclu­                 imposed on ferrochromium, falling within
sion that the domestic sales did not permit a valid                 Common Customs Tariff subheading 73.02 E I
comparison of prices ; consequently recourse was had               and corresponding to NIMEXE code 73.02-51 ,
to the criterion of cost of production ;                           originating in the Republic of South Africa and
Whereas such cost of production has been calculated                Sweden . The provisions in force for the applica­
taking into consideration inter alia the following                  tion of customs duties shall apply for the applica­
elements : raw materials (including the basic mineral               tion of this duty.'
which contains chrome oxide, bauxite, quartz and
other materials for electrodes and fluxes), energy costs                                Article 2
(coke, electricity), labour costs including social costs,
other operating costs (including maintenance costs             This Regulation shall enter into force on the day
and transport costs), interest paid, to which was added        following its publication in the Official Journal of
a reasonable amount for administration, selling and             the European Communities.
other costs and for profits ;
Whereas these preliminary calculations have shown              Without prejudice to Article 18 of Regulation (EEC)
that the fair market price of ferrochromium on the             No 459/68, it shall apply until the entry into force of
                                                               an Act of the Council either adopting definitive
(i) OJ No L 93, 17. 4. 1968, p. 1 .                            measures or extending the provisional duty and in any
(2) OJ No L 160, 30. 6. 1977, p. 4.                            event until the expiry of a maximum period of three
(3) OJ No L 165, 22. 6. 1978, p. 20.                           months beginning on 22 June 1978 .
 ---pagebreak--- 18 . 7 . 78                    Official Journal of the European Communities                      No L 193/ 15
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 17 July 1978 .
                                                                   For the Commission
                                                                  Wilhelm HAFERKAMP
                                                                        Vice-President