CELEX: 51977PC0529
Language: en
Date: 1977-10-24
Title: Proposal for a COUNCIL REGULATION (EEC) adopting special measures in respect of imports of certain steel nuts from Taiwan (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 529
Vol. 1977/0170
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(77)529 final.
                                                         Brussels . 24 October 1977
                                    Proposal for a
                               COUNCIL REGULATION (EEC )
               adopting special measures in respect of imports of
                           certain steel nuts from Taiwan
                   ( submitted, to the Council by the Commission)
COM(77 ) 529 final .
 ---pagebreak---                             Explanatory Memorandum
 On 7 August 1976 , the Commission published in the Official Journal of
 the European Communities a Notice of the initiation of an enquiry ,
"based on Regulation ( EEC ) n°s 459/68 and 1439/74 * into imports of
threaded or tapped steel nuts originating in Taiwan .
During the course of this enquiry the Taiwanese exporters of such
nuts gave Undertakings to increase their export prices to the Com­
munity . The Commission accepted these Undertakings but decided not
to terminate the enquiry until it could be established that the
Undertakings were being     respected . It , therefore , established a
retrospective monitoring of imports of these products from Taiwan .
The details communicated to the Commission by the Member States in
inplementation of this monitoring eystem indicate that there has been-
widespread evasion and violation of the Undertakings . Imports are ef­
fected at prices which are lower than, those provided for in the Under­
takings . The difference varies from transaction to transaction but is
generally in the region of 15/&»
The Commission , therefore , submits to the - Council the attached
Proposal for a Regulation imposing a speoial duty of 15% on imports
of certain nuts of iron or steel , originating in Taiwan , as provided
for in Article 1 ( 2) of Regulation ( EEC ) N° 459/68 .
 ---pagebreak---                 ' Froposal far Coirne .:.-! Iiegulation ( EEC )
                  adopting special measures in respect of imports
                  of certain steel nuts from Taiwan
   THE COUNCIL OF THE EUROPEAN CO MOTI TIES ,
  Having regard to the Treaty establishing the European Economic
  Community , and in particular Article 113 thereof ,
  Having regard to the proposal from the Commission ,
  Whereas Article 1(2 ) of Council Regulation ( EEC ) N° 459/68 of 5
  April 1968 on protection against dumping or the granting of boun­
  ties or subsidies by countries which are not members of the Euro­
  pean Economic Community ( l ), as last amended by Regulation
 (EEC) Kb 1411/77(2 ),              provides that special measures may be
  adopted if such action does not run counter to obligations under
 the GATT ;
 Whereas imports into the Community of threaded or tapped nuts , of
 iron or steel , originating in Taiwan , increased from 200 tonnes
      ■ , ih 1974 to over 9000 tonnes             in 1976 and whereas these
 imports were effected at prices which were considerably lower than
 those prevailing among Community producers of like or directly com­
 peting products ; whereas these imports are concentrated mainly on
 nuts of a hole diameter not exceeding 10 millimetres ;
 Whereas these factors allowed the Taiwanese exporters of such nuts
 to obtain a market share of over 18$> in the Community in 1976 ;
Whereas these developments took place to the detriment of the
                                            of similar nuts
Community industry whose production/decreased from 38000 tonnes
      r in 1974 to 20000      tonnes          in 1976 , where employment was
reduced by 30% between 1974 and 1975 and. where numerous firms have
had to cease production 5
Whereas , in order to ascertain the extent and the source of the
critical situation in which this Community industry found itself ,
the Commission initiated an enquiry covering dumping , subsidies and
the terms and conditions on which imports were effected ;
7T7TTJ7HFT1£T'"I 7 . 4♦ 1968 , p . 1 .
( 2)         Bf® L160, 30.6,1977, p-.4 . ■                                /
 ---pagebreak--- Whereas the Commission officially notified, the importers and
 exporters known to be concerned, and published in the Official
 Journal of the European Communities of 7 August 1976 a notice of
the initiation of the said enquiry ( l );
Whereas , in the course of the examination of the matter , carried out
 in collaboration with the Member States , the Commission gave interes­
ted parties the opportunity to make known their views in writing
and gave to the parties directly concerned the opportunity to meet
and to present opposing views and rebuttal arguments ;
Whereas , in the course of the said investigation , the Taiwanese ex­
porters undertook to      increase their export prices to the Community
to a level which satisfied the Commission that , if such undertakings
were respected , the introduction of protective measures was not , for
the moment , necessary ;
Whereas , however , the Commission considered that it was not opportune
to terminate its enquiry on dumping , subsidies and the terms and con­
dition ? on which imports were effected until it could be established
that the undertakings given were being respected ;
Whereas , therefore , the Commission , by Decision     77/28o/E0S ( 2 ), es­
tablished a retrospective monitoring of imports into the Community
of certain nuts from Taiwan ;
Whereas the information communicated to the Commission by Member
States in application of the said Decision shows that the undertakings
given have been evaded and violated and that the import prices to the
Community of these products vary at levels around 15% below the prices
contained in the Undertakings ;
Whereas , in order to safeguard the Community industry which is al­
ready in a critical situation , it is necessary and in the interests
                                         *
of the Community to adopt special measures , as provided for in
Article 1 ( 2 ) of Regulation 459/68 , in respect of imports of these
products from Taiwan , these measures to take the form of a duty
additional to the normal customs duty on the said products .
( 1 ) O.J. N° C183 , 7.8.1976 , p. 4 .                             ,
( 2 ) O.J. N° L 93,15.4.1977 , p. 18.                            •/••
 ---pagebreak---                                          - 3 -
   HAS ADOPTED THIS REGULATION :
                                  Article 1
   1 . A special duty , additional to the normal custom duties , taxes
        and other charges normally imposed on imports , is hereby imposed
        on the following products , originating in Taiwan :
                                                                                 ■    i
        - threaded or tapped nuts , of iron or steel , turned from "bars ,            j
                                                                                      I •
             rods , angles , shapes , sections or wire , of solid section , of
             a hole diameter not exceeding 6 millimetres, falling within              j
             subheading ex 73.32 EI of the Common . Customs Tariff ;                  j
       – threaded or tapped nuts,of iron or steel , separately consigned ,            j
             of a hole diameter not exceeding 10 millimetres , falling within         j
             subheading ex 73.32 B II of the Common Customs Tariff.                  j
  2 . The said duty shall be at a rate of 15$ on the basis of the
       value declared in conformity with Commission Regulation ( EEC)                 j
       No > 375/ °9 of 27 February 19 69 on the declaration of particulars           j
       relating to the value of goods for customs purposes .                         j.
. 3 . The provisions in force for the collection of customs duties shall             j
       apply for the collection of this duty .                                       [
                                  Article 2                                         j
                    ■ _    • Artiole 18 of Regulation 459/68 shall apply by
  analogy to the speoial measures adopted in this Regulation .                 •     ! \
                                                                                     1
                                                                                     I
                                  Article 3                                          i
  This Regulation shall enter into foroe on the day following its                    j
  publication in the Official Journal of the European Communities.                   j
          ,                                                                          1·
           :                                                                        1
  This Regulation shall be binding in its entirety and directly                     j
  applicable in all Member States .                                                 j'.
                                                                                   I
                                                                                   1
                                                                                   (■
                                                                                   1
  Done at Brussels ,                                         For the Council       j
                                                                                   i
                                                              The President        !
  ( 1 ) O.J.         L 52 , 3.3.1969 , p.l .