CELEX: 31979R0322
Language: en
Date: 1979-02-16 00:00:00
Title: Commission Regulation (EEC) No 322/79 of 16 February 1979 imposing a provisional anti-dumping duty on a certain herbicide originating in Romania

No L 44/8                           Official Journal of the European Communities                             21 . 2 . 79
                                   COMMISSION REGULATION (EEC) No 322/79
                                                   of 16 February 1979
               imposing a provisional anti-dumping duty on a certain herbicide originating in
                                                         Romania
  THE COMMISSION OF THE EUROPEAN                                 able, a like product of a market economy country, in
  COMMUNITIES,                                                   this instance the United States of America, is sold for
                                                                consumption on the domestic market of that country ;
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                Whereas these calculations were made at ex-factory
  Having regard to Council Regulation (EEC) No                   level, and in respect of sales made as nearly as
 459/68 of 5 April 1968 on protection against                    possible at the same time, due allowance having been
 dumping or the granting of bounties or subsidies by            made, on their merits, for transport and ancillary
 countries which are not members of the European                costs, packaging, duties and taxation and for other
  Economic Comunity (1 ), as last amended by Regula­            factors affecting price comparability ;
 tion (EEC) No 1411 /77 (2), and in particular Article 15
 thereof,                                                       Whereas this preliminary examination of the matter
                                                                shows that dumping has taken place, the margin of
 After hearing the opinions expressed in the Advisory           which exceeds 40 % in markets principally con­
 Committee set up under the said Regulation,                    cerned ;
 Whereas the Commission has received a complaint
 submitted in the name of the Community industry                Whereas, with regard to injury to the industry
 producing DNBP technical (Dinoseb) setting out                 concerned, the evidence available to the Commission
 evidence as to the existence of dumping of the like            shows that imports into the Community of DNBP
 product originating in Romania as well as material             technical originating in Romania began in 1978 only
 injury resulting therefrom ;                                   and by the end of that year had reached a level of
                                                                approximately 350 to 400 tonnes ;
 Whereas, since the information received indicated
 that the complaint was admissible and that defensive
                                                                Whereas the imports concerned represent a market
 measures against dumping might be necessary, the
                                                                share in the Community of approximately 40 % and
 Commission officially notified the importers and
                                                                in the two main countries of importation 49 % and
 exporters known to be concerned, published in the              68 % respectively ;
  Official Journal of the European Communities of 29
 December 1978 a notice of the initiation of an anti­
 dumping procedure concerning imports of a certain              Whereas the prices of these imports on the Commu­
 herbicide originating in Romania (3) and commenced             nity markets have been extremely low, thus exercising
 an examination of the facts ;                                  a depressive effect on the Community producers'
                                                                prices ;
 Whereas the Commission gave interested parties the
 opportunity to make known their views in writing ;             Whereas this development has taken place to the detri­
 Whereas the Commission gave to parties directly                ment of the Community industry and therefore placed
 concerned the opportunity orally to develop their              it in an extremely difficult situation, characterized by
 views and to meet and to present opposing views and            sales at prices far below the European costs of produc­
 rebuttal arguments ;                                           tion, by a decline in production of approximately
                                                                60 % , by a significant loss of sales and market share,
 Whereas when determining dumping on the above­                 by almost complete absence of new orders for 1979,
 mentioned imports, the Commission had to take                  and by the imminent loss of jobs ;
 account of the fact that in Romania trade is on a basis
 of near or total monopoly and that prices are fixed by         Whereas there is, therefore, sufficient evidence to
 the State and that, therefore, a comparison between            show that, due consideration having been given to the
 the export price of the product to the Community               other factors having a bearing on the situation of this
 and its domestic price is not appropriate ;                    industry, as, for example, the decline of exports to
                                                                countries outside the Community, the dumped
Whereas, for these reasons, the Commission has
                                                                imports are causing and threatening to cause material
 decided to base its dumping calculations on the prices         injury to the Community industry ;
 at which, according to information at present avail­
(>) OJ No L 93, 17. 4. 1968, p. 1 .                             Whereas, for these reasons and given the seasonal
(2 ) OJ No L 160, 30 . 6. 1977, p. 4.                           nature of sales of the product concerned, a Member
(3) OJ No C 311 , 29 . 12. 1978, p. 2.                          State requested the Commission, on 9 February 1979,
 ---pagebreak--- 21 . 2 . 79                        Official Journal of the European Communities                           No L 44/9
to take provisional measures immediately in accor­           2. The said duty shall be at a rate of 40 % on the
dance with Article 15 ( 1 ) (c) of Regulation (EEC) No       basis of the value declared in conformity with
459/68 ;                                                     Commission Regulation (EEC) No 375/69 of 27
Whereas, in these circumstances, the interests of the        February 1969 (') on the declaration of particulars
                                                             relating to the value of goods for customs purposes.
Community call for immediate intervention against
imports of DNBP technical originating in Romania,
consisting in the imposition of a provisional anti­                                    Article 2
dumping duty the rate of which, having regard to the
extent of injury caused, should approximate to the           The entry of the products described in Article 1 into
dumping margins provisionally established,                   free circulation shall be conditional upon the deposit
                                                             of security for the amount of the provisional duty.
HAS ADOPTED THIS REGULATION :
                                                                                       Article 3
                      A rticle 1
                                                             This Regulation shall enter into force on the day of its
1 . A provisional anti-dumping duty is hereby                publication in the Official Journal of the European
imposed on DNBP technical (Dinoseb) falling within            Communities.
Common Customs Tariff subheading ex 29.07 C III
or ex 38.11 D and corresponding to NIMEXE codes              Without prejudice to the provisions of Articles 1 6 and
ex 29.07-59 or ex 38.11-50, 70, originating in                18 of Regulation (EEC) No 459/68 , it shall apply until
Romania and exported by Chimimportexport,                    the entry into force of an Act of the Council either
Bucharest. The provisions in force for the application       adopting definitive measures or extending the provi­
of customs duties shall apply for the application of         sional duty, and in any event for a maximum period
this duty.                                                   of three months .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 16 February 1979 .
                                                                       For the Commission
                                                                      Wilhelm HAFERKAMP
                                                                           Vice-President
                                                             (') OJ No L 52, 3 . 3 . 1969, p. 1 .