CELEX: 31978K0159
Language: en
Date: 1978-01-27 00:00:00
Title: Commission recommendation No 159/78/ECSC of 27 January 1978 imposing a provisional anti-dumping duty on certain angles, shapes and sections, of iron and steel, not further worked than hot-rolled or extruded, originating in Spain

28 . 1 . 78                             Official Journal of the European Communities                                  No L 23/31
                               COMMISSION RECOMMENDATION No 159/78 / ECSC
                                                        of 27 January 1978
                imposing a provisional anti-dumping duty on certain angles, shapes and
                sections, of iron and steel , not further worked than hot-rolled or extruded, origi­
                                                          nating in Spain
THE COMMISSION OF THE EUROPEAN                                      347 000 tonnes in 1974 to 240 000 tonnes during the
COMMUNITIES,                                                        first six months of 1977, imports originating in Spain
                                                                    having risen from 32 000 tonnes to 117 000 tonnes in
Having regard to the Treaty establishing the European               the same period, and that, as a result, they have been
Coal and Steel Community, and in particular Articles                able to acquire a market share cf 10-6 % in total and
74 and 86 thereof,                                                  5 % for imports originating in Spain in the Commu­
                                                                    nity and that, on the other hand, the Community steel
Having regard to Commission recommendation                          industry is in a crisis situation characterized by a
77/329/ ECSC on protection against dumping or the                   reduction of about 21 % in the deliveries of the
granting of bounties or subsidies by countries which                products concerned between 1974 and 1977 in the
are not members of the European Coal and Steel                      Community and by a reduction in the number
Community ('), as amended by recommendation No                      employed from 780 000 to 720 000 between 1974 and
3004/77/ ECSC (2), and in particular Articles 15 and 19              1977 and by short-time working and that, as a result,
thereof,                                                            the Community steel industry recorded a reduction in
                                                                    profits or serious losses in most of the firms
Having heard the opinions expressed within the Advi­                concerned ;
sory Committee provided for by recommendation
77/329 / EEC,
                                                                    Whereas, in order to remedy this situation, the
Whereas the Commission has received a complaint,                    Commission has introduced inter alia a system of
submitted in the name of the relevant Community                     guidance prices (4) for sales within the Community of
industry, setting out evidence as to the existence of               certain steel products produced by the European steel
dumping or the granting of bounties or subsidies on                 industry ;
certain angles, shapes and sections, of iron and steel,
not further worked than hot-rolled or extruded, origi­              Whereas the imports into the Community of products
nating in Spain , and of material injury resulting there­           originating in Spain are considerably lower than these
from ;                                                              guidance prices and that such undercutting prevents
                                                                    the European producers from achieving the guidance
Whereas       the    Commission       has    published     basis    prices and jeopardizes the equilibrium of the entire
prices (3) based on the lowest normal prices or costs of            pricing system and threatens to cause material injury
production in the supplying countries where normal                  to the Community industry or to a major part of it ;
conditions of competition prevail, including the costs
of transport, insurance and customs duties ;
                                                                    Whereas immediate action has been requested by a
Whereas the prices of imports into the Community of                 Member State ;
the products which are the subject of the complaint
have been compared with these basis prices ;
                                                                    Whereas, in the serious conditions being experienced
Whereas a preliminary examination of the matter                     by the Community steel industry, the interests of the
based on this comparison shows that these products,                 Community require immediate action ;
originating in Spain, are offered for import within the
Community (the French market) at prices lower than                  Whereas it is for the Commission, without prejudice
the basis prices and that dumping has taken place, the              to the results of the investigation opened in accor­
margin of which is constituted by this undercutting ;               dance with Article 1 1 of recommendation 77/329/
                                                                    ECSC, to decide promptly apply provisional measures
Whereas, with regard to injury to the industry                      consisting of the imposition of a provisional anti­
concerned, the evidence submitted to the Commis­                    dumping duty on imports of the products concerned,
sion shows that, on the one hand, imports into the                  originating in Spain, the rate of which corresponds to
Community of the products increased globally from                   the difference between the basis price published by
                                                                    the Commission for this product and its price on
(!) OJ No L 114, 5 . 5 . 1977, p. 6 .                               importation into the Community,
(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 1 14, 5. 5 . 1977, p . 1 ; OJ No C 174, 22. 7. 1977
     (OJ No L 353 , 31 . 12 . 1977, p. 1 ).                              and OJ No L 352, 31 . 12. 1977, p . 17.
 ---pagebreak--- No L 23/32                        Official Journal of the European Communities                             28 . 1 . 78
HAS ADOPTED THIS RECOMMENDATION :                                                 Article 2
                                                            The entry of the products described in Article 1 for
                       Article 1
                                                            consumption within the Community shall be condi­
1 . A provisional anti-dumping duty is hereby               tional upon the deposit of a security for the amount of
imposed on the following products originating in            the provisional duty.
Spain :                                                                           Article 3
— certain angles, shapes and U, I or H sections, of         This recommendation is addressed to the Member
    iron and steel, not further worked than hot-rolled
                                                            States .
    or extruded,
— Common Customs Tariff subheading ex 73.11 A I,            They shall take all necessary measures to ensure that
— NIMEXE codes 73.11-11 , 12, 14 and 16 .                   the provisions apply with effect from 28 January 1978
                                                            for a maximum period of three months.
2. The amount of this duty shall be the amount by
which the effective price (basic price plus extras) esta­   Done at Brussels, 27 January 1978 .
blished by contract, free frontier duty-paid, is lower
than the effective price (basic price plus extras)                                   For the Commission
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