CELEX: 31978R0511
Language: en
Date: 1978-03-07 00:00:00
Title: Commission Regulation (EEC) No 511/78 of 7 March 1978 imposing a provisional anti-dumping duty on kraft liner paper and board originating in the United States of America

11 . 3. 78                             Official Journal of the European Communities                            No L 69 /9
                                   COMMISSION REGULATION (EEC) No 511 /78
                                                      of 7 March 1978
               imposing a provisional anti-dumping duty on kraft liner paper and board origi­
                                         nating in the United States of America
THE COMMISSION OF THE EUROPEAN                                    Whereas, in order to examine the existence of
COMMUNITIES,                                                      dumping, the Commission compared the export
                                                                  prices to the Community with those prevailing on the
                                                                  domestic markets concerned ;
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No                      Whereas these comparisons were made at the ex­
459/68 of 5 April 1968 on protection against                      factory level, and in respect of sales made at the same
dumping or the granting of bounties or subsidies by               time, due allowance having been made, on their
countries which are not members of the European                   merits, for differences in transport and ancillary costs,
                                                                  in the conditions and terms of sale, in duties and taxa­
Economic Community (1), as last amended by Regula­
tion (EEC) No 1411 /77 (2), and in particular Article 15          tion and for other differences affecting price compara­
thereof,                                                          bility ;
After hearing the opinions expressed in the Advisory
Committee set up under the said Regulation,                       Whereas this- preliminary examination of the matter
                                                                  shows that dumping has taken place, the margin of
                                                                  which varies considerably depending on the exporting
Whereas the Commission has received a complaint                   firm, the country of importation and the date of the
submitted in the name of the Community linerboard                 transaction :
industry setting out evidence as to the existence of
dumping of like products originating in various coun­
tries as well as material injury resulting therefrom ;
                                                                  Whereas, with regard to injury to the industry
                                                                  concerned, the evidence available to the Commission
Whereas, since the information received indicated                 shows that imports into the Community of kraft liner
that the complaint was admissible and that defensive              originating in the countries in question have increased
measures against dumping might be necessary, the                  from a level of approximately 1-1 million tonnes in
Commission officially notified the representatives of              1975 to 1-6 million tonnes in 1977 :
the exporting countries and the importers and expor­
ters known to be concerned, published in the Official
Journal of the European Communities of 17
 December 1977 and 3 March 1978 notices of the initi­             Whereas the imports concerned represent a market
ation of enquiries concerning imports of kraft liner              share in the Community of 70 % in 1975 and 80 %
originating in the USA (3), and Sweden, Finland,                  in 1977 and consequently have a very considerable
Austria, Portugal and Canada (4) and commenced an                  influence on the market ;
 examination of the facts for all the abovementioned
countries, with the exception of Canada, in respect of
which an examination will take place in the immed­
 iate future ;                                                    Whereas the prices of these imports on the Commu­
                                                                   nity market have fallen considerably, particularly in
                                                                   recent months, thus exercising a depressive effect on
 Whereas the Commission gave interested parties the                the Community producers' prices ;
 opportunity to make known their views in writing ;
 Whereas the Commission heard interested parties and              Whereas this development has taken place to the detri­
 gave to parties directly concerned the opportunity                ment of the Community industry which is in a diffi­
 orally to develop their views and to meet and to                  cult situation, characterized by large unsold stocks, the
 present opposing views and rebuttal arguments ;                   complete cessation of production in one area of the
                                                                   Community with consequent loss of jobs, short-time
 (») OJ No  L  93, 17. 4. 1968, p. 1 .
 (2) Of No  L   160, 30. 6. 1977, p. 4.                            working for the personnel of the enterprises
 (3) OJ No  C   304, 17. 12. 1977, p. 3.                           concerned, and by a reduction in profits or the appear­
 (4) OJ No  C   54, 3. 3. 1978, p. 2.                              ance of heavy losses ;
 ---pagebreak--- I
  No L 69/ 10                         Official Journal of the European Communities                             11 . 3 . 78
  Whereas there is, therefore, sufficient evidence to            and corresponding to NIMEXE codes 48.01-15, 21 , 27
  show that, due consideration having been given to the          and 31 , originating in the United States of America.
  other factors having a bearing on the situation of this        The provisions in force for the application of customs
  industry, as, for example, the rather limited imports          duties shall apply for the application of this duty.
  from other sources and competition from substitutable
  products, the dumped imports are causing and threat­           2. The amount of such duty shall correspond to the
                                                                 difference between the fair market value as set out
  ening to cause material injury to the Community
                                                                 below and the value declared, per tonne net, in accor­
  industry ;
                                                                 dance with Commission Regulation (EEC) No 375/69
  Whereas, for these reasons, a Member State requested           of 27 February 1969 on the declaration of particulars
  the Commission, during the meeting of the Advisory             relating to the value of goods for customs purposes ( ! ).
  Committee on 27 February 1978 , to take provisional            For the purpose of this Regulation the fair market
  measures immediately in accordance with Article 15             values in the United States of America brought up to
  ( 1 ) (c) of Regulation (EEC) No 459/68 ;                      a cif Community frontier basis, duty unpaid, are as
  Whereas in the meantime the Swedish, Finnish,                  follows :
  Austrian and Portuguese exporters gave voluntary                                                         per tonne
  undertakings to revise their prices to levels which are
  considered satisfactory ; whereas those undertakings               weight 175 grams or more per
                                                                     square metre :                        US$ 255
  have been accepted by the Commission which, as a
  consequence, has decided to terminate the procedures               weight 150 grams or more and
  in question ;                                                      less than 175 grams per square
                                                                     metre :                               US$ 265
  Whereas, in these circumstances, the interests of the
                                                                     weight less than 150 grams per
  Community call for immediate intervention against                  square metre :                        US$ 275
  imports of kraft liner originating in the United States
  of America, consisting in the imposition of a provi­                                   Article 2
  sional anti-dumping duty ;
                                                                 The entry of the products described in Article 1 into
  Whereas, in order to ensure equitable treatment of             free circulation shall be conditional upon the deposit
  imports at different prices, the amount of the duty            of security for the amount of the provisional duty.
  should be the difference between the declared value of
  the goods and their fair market value in the United                                    Article 3
  States of America brought up to a cif Community fron­
  tier basis,                                                    This Regulation shall enter into force on the day of its
                                                                 publication in the Official Journal of the European
                                                                  Communities.
   HAS ADOPTED THIS REGULATION :
                                                                 Without prejudice to the provisions of Article 16 and
                            Article 1                             18 of Regulation (EEC) No 459/68 , it shall apply until
                                                                 the entry into force of an Act of the Council either
   1 . A provisional anti-dumping duty is hereby                 adopting definitive measures or extending the provi­
   imposed on kraft liner paper and board, falling within        sional duty, and in any event for a maximum period
   Common Customs Tariff subheading ex 48.01 C II                of three months .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 7 March 1978 .
                                                                           For the Commission
                                                                             Étienne DAVIGNON
                                                                        Member of the Commission
                                                                 (!) OJ No L 52, 3. 3 . 1969, p. 1 .