CELEX: 31976R2757
Language: en
Date: 1976-11-12 00:00:00
Title: Commission Regulation (EEC) No 2757/76 of 12 November 1976 imposing a provisional anti-dumping duty on cycle chains originating in Taiwan

13 . 11 . 76                            Official Journal of the European Communities                        No L 312/41
                                      COMMISSION REGULATION (EEC) No 2757/76
                                                      of 12 November 1976
                imposing a provisional anti-dumping duty on cycle chains originating in
                                                              Taiwan
 THE COMMISSION OF THE EUROPEAN                                      prices, with the exception of certain deliveries carried
 COMMUNITIES,                                                        out at prices which may be considered as normal ;
                                                                     whereas the dumping margin which has been provi­
 Having regard to the Treaty establishing the European               sionally determined is at least 1 5 % and in many
 Economic Community,                                                 cases is considerably higher ;
 Having regard to Regulation (EEC) No 459/68 of 5
 April 1968 on protection against dumping or the                     Whereas there is, moreover, a very strong presumption
 granting of bounties or subsidies by countries which                as to the granting of production and export subsidies
 are not members of the European Economic Commu­                     to the Taiwanese industry ;
 nity (*), modified by Regulation (EEC) No 20 11 /73 (2),
 and in particular Article 15 thereof,
                                                                     Whereas there are elements of proof available as to
 Having heard the opinions expressed within the Advi­                the effect of these practices on the market situation of
 sory Committee set up by this Regulation,                           the Community which show that imports of these
                                                                     products originating in Taiwan have considerably
 Whereas the Commission has received a complaint,                    increased, since, having been almost non-existent
 submitted in the name of the Community industry for                 until 1971 , they increased from 1-5 million metres in
 cycle chains, setting out elements of proof as to the               1974 to almost 31 million metres in 1975 ;
existence of dumping practices, bounties or subsidies,
 for like products, originating in Taiwan, as well as
 material injury resulting therefrom ;                               Whereas, moreover, these products are offered for sale
                                                                     in the Community market at prices which exercise a
Whereas, having examined the admissibility of the                    depressive effect on the prices applied by Community
 complaint, the Commission published in the Official                 producers of like products ;
Journal of the European Communities of 7 August
 1 976 (3) a notice of the initiation of an enquiry
concerning imports of bicycle chains originating in                 Whereas, as a result of this, the imports concerned
Taiwan (4), based in particular on Regulation (EEC)                  have been able to acquire a market share, which,
 No 459/68 ;                                                        according to the information which the Commission
                                                                     has available, is almost 1 5 % on average in the
Whereas during the subsequent examination of the                    Community, and 30 % in some of the markets more
matter in collaboration with the Member States, the                 particularly affected ;
Commission endeavoured to compare the Taiwanese
export prices to the Community with , on the one                    Whereas this development has taken place to the detri­
hand, prices on the Taiwanese home market, in so far                ment of the Community industry, where production
as it had received conclusive data, and , on the other
                                                                    has decreased by approximately 30 % from 1974 to
hand, allowance being made for the particular situa­
                                                                     1975, resulting in redundancies, redeployment and
tion of the Taiwanese market for the products                       short-time working for the personnel concerned ;
concerned, with the costs of production in Taiwan ,
plus a reasonable amount for administration , selling
and any other costs, and for profits ;                              Whereas there are, therefore, adequate elements of
                                                                    proof to show that, due allowance having been made
Whereas these comparisons have been made at the                     for the other factors having a bearing on the situation
ex-factory level and in respect of dates as nearly as               of this industry, as for example, the very considerable
possible at the same time, and allowance having been                decrease of Community exports and the pressure
made for the differences affecting the comparability of             being exercised by imports of other origin, the
these prices and costs ;                                            dumped imports are causing or threatening to cause
                                                                    material injury to the Community industry ;
Whereas this preliminary examination of the matter
shows Taiwanese exports are effected at dumping
                                                                    Whereas, in these circumstances, and having regard in
(>)  OJ No L 93 , 17 . 4 . 1968 , p . 1 .                           particular to the increase in the rate of growth of
(-)  OJ No L 206, 27 . 7 . 1973 , p . 3 .
(J ) OJ No C 183 , 7 . 8 . 1976, p . 4 .                            exports to the Community of cycle chains from
(4)  Common Customs Tariff heading No ex 73.29 ; Nimexe             Taiwan , the interests of the Community call for
     code ex 73.29-1 1 .                                            immediate intervention ;
 ---pagebreak---                                            «
No L 312/42                        Official Journal of the European Communities                            13. 11 . 76
Whereas, as a result, a provisional anti-dumping duty         ex 73.29 and corresponding to Nimexe Code No
of 1 5 % should accordingly be imposed on imports of          73.29-11 , originating in Taiwan, with the exception of
the products in question originating in Taiwan ;              those whose price cif free at Community frontier, not
Whereas, for administrative reasons, the basis of assess­
                                                              customs cleared, is equal to, or higher than, 1 -39 units
                                                              of account per kilogramme, is hereby imposed.
ment for this provisional duty should correspond to
the definition of the Nimexe nomenclature, that is, in
this case, to Code No 73.29-11 which covets cycle and                                 Article 2
motorcycle chains ;                                           The entry of the products described in Article 1 for
Whereas imports effected at prices equal to, or higher        Community consumption shall be conditional upon
than, 1 -39 units of account per kilogramme should be         the deposit of security for the amount of the provi­
excluded from the application of this provisional duty,       sional duty.
that is, in practice, exports of cycle chains effected at
prices which may be considered as normal, and also                                    Article 3
imports of motorcycle chains at prices which are
normally higher,                                              This Regulation shall enter into force on the 10th day
                                                              following its publication in the Official Journal of
                                                              the European Communities.
HAS ADOPTED THIS REGULATION :
                                                              Without prejudice to the provisions of Articles 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 setting
A provisional anti-dumping duty of 1 5 % on articu­           out either the adoption of definitive measures or the
lated link roller chains for cycles and motor cycles,         extension of the provisional duty and for a maximum
falling within Common Customs Tariff heading No               period of three months.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 12 November 1976.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                    Member of the Commission