CELEX: 31978K0262
Language: en
Date: 1978-02-07 00:00:00
Title: Commission recommendation No 262/78/ECSC of 7 February 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in Poland

9 . 2. 78                             Official Journal of the European Communities                                 No L 39 / 13
                              COMMISSION RECOMMENDATION No 262/78 / ECSC
                                                       of 7 February 1978
               imposing a provisional anti-dumping duty on certain sheets and plates, of iron
                                               or steel , originating in Poland
THE COMMISSION OF THE EUROPEAN                                      the first six months of 1977, imports originating in
COMMUNITIES,                                                        Poland having risen from 63 000 tonnes in 1974 to
                                                                    38 500 tonnes in the same period, and that, as a result,
Having regard to the Treaty establishing the European               they have been able to acquire in the Community a
Coal and Steel Community, and in particular Articles                market share of 20 % in total and 12-3 % for imports
74 and 86 thereof,                                                  originating in Poland, together with those from Japan,
                                                                    Czechoslovakia, Romania, Spain, Bulgaria and the
Having regard to Commission recommendation                          German Democratic Republic, which are already
77/329/ECSC of 15 April 1977 on protection against                  subject to a provisional anti-dumping duty in the
dumping or the granting of bounties or subsidies by                 Community and that, on the other hand, the Commu­
countries which are not members of the European                     nity steel industry is in a crisis situation characterized
Coal and Steel Community ('), as amended by recom­                  by a reduction of about 40 % in the production of the
mendation No 3004/77/ECSC (2), and in particular                    products concerned between 1974 and 1977 in the
Articles 15 and 19 thereof,                                         Community, and by a reduction in the number
                                                                    employed from 780 000 to 720 000 between 1974 and
Having heard the opinions expressed within the Advi­                1977 and by short-time working and that, as a result,
sory Committee provided for by recommendation                       the Community steel industry recorded serious losses
77/329/ECSC,                                                        in most of the firms concerned ;
Whereas the Commission has received a complaint,
submitted in the name of the relevant Community                     Whereas, in order to remedy this situation, the
industry, setting out evidence as to the existence of               Commission has introduced a system of guidance
dumping of certain sheets and plates, of iron or steel,             prices (4) for sales within the Community of certain
originating in Poland and certain other countries, and              steel products produced by the European steel
of material injury resulting therefrom ;                            industry ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of            Whereas the import prices into the Community of
production in the supplying countries where normal                  products originating in Poland are considerably lower
conditions of competition prevail, including the costs              than these guidance prices and that such undercutting
of transport, insurance and customs duties ;                        prevents the European producers from achieving the
                                                                    guidance prices and jeopardizes the equilibrium of the
Whereas the prices of imports into the Community of                 entire pricing system and causes or threatens to cayse
the products which are the subject of the complaint                 material injury to the Community industry or to a
have been compared with these basis prices ;                        major part of it ;
Whereas a preliminary examination of the matter
                                                                    Whereas immediate action has been requested by one
based on this comparison shows that these products,                 Member State ;
originating in Poland, are offered for import within
the Community (United Kingdom market) at prices
lower than the basis prices and that dumping has
                                                                    Whereas, in the serious conditions being experienced
taken place, the margin of which is constituted by this
                                                                    by the Community steel industry, the interests of the
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
sion shows that, on the one hand, imports into the                  to the results of the investigation opened in accor­
Community of the products increased globally from                   dance with Article 1 1 of recommendation 77/ 329/
1 242 000 tonnes in 1974 to 903 000 tonnes during                   ECSC, to decide promptly to apply provisional
                                                                    measures consisting of the imposition of a provisional
(!) OJ No L 114, 5. 5. 1977, p. 6.                                  anti-dumping duty on imports of the products
(2 ) OJ No L 352, 31 . 12. 1977, p . 13 .
(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 / 14                      Official Journal of the European Communities                              9 . 2. 78
concerned, originating in Poland, the rate of which                                  Article 2
corresponds to the difference between the basis price       The entry of the products described in Article 1 for
published by the Commission for this product and its         consumption within the Community shall be condi­
price on importation into the Community,                     tional upon the deposit of a security for the amount of
                                                             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
Poland :
                                                             European Communities.
— sheets and plates, of iron or steel, other than elec­      Without prejudice to the provisions of Article 18 of
    trical , not further worked than hot-rolled , of a       recommendation 77/329/ ECSC, it shall apply until
    thickness of 2 mm or more ,                              the entry into force of an Act of the Commission
— Common Customs Tariff heading No 73.13 B I a),             either adopting definitive measures or extending the
— NIMEXE-code 73.13-17, 19, 21 , 23 and 26 .                 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