CELEX: 31978K0120
Language: en
Date: 1978-01-18 00:00:00
Title: Commission recommendation No 120/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in Czechoslovakia

24 . 1 . 78                             Official Journal of the European Communities                                  No L 19/7
                              COMMISSION RECOMMENDATION No 120/ 78 / ECSC
                                                        of 18 January 1978
                 imposing a provisional anti-dumping duty on certain sheets and plates, of iron
                                            or steel , originating in Czechoslovakia
THE COMMISSION OF THE EUROPEAN                                       Czechoslovakia having risen from 43 000 tons to
COMMUNITIES,                                                         approximately 120 000 tons in the same period and
                                                                     that, as a result, they have been able to acquire a
Having regard to the Treaty establishing the European                market share of over 10 % in total and approximately
Coal and Steel Community, and in particular Articles                 1 -2 % for imports originating in Czechoslovakia, in
74 and 86 thereof,                                                   the markets most particularly concerned, that is
                                                                     France and Italy and that, on the other hand, the
Having regard to Commission recommendation                           Community steel industry is in a crisis situation char­
77/329/ ECSC on protection against dumping or the                    acterized by a reduction of about 1 1 % in the produc­
granting of bounties or subsidies by countries which                 tion of these products between 1974 and 1977 in the
are not members of the European Coal and Steel                       Community and by a reduction in employees from
Community ('), as amended by recommendation No                       780 000 to 720 000 between 1974 and 1977 and by
3004/77/ ECSC (2), and in particular Articles 15 and 19              short-time working and that, as a result, the Commu­
thereof,                                                             nity steel industry recorded serious losses in most of
                                                                     the firms concerned ;
Having heard the opinions expressed within the Advi­
sory Committee provided for by recommendation
77 / 329 / ECSC ,                                                    Whereas, in order to remedy this situation, the
                                                                     Commission has introduced, in particular, a system of
Whereas the Commission has received a complaint,                     guidance prices (4) for sales within the Community of
submitted in the name of the relevant Community                      certain steel products produced by the European steel
industry, setting out evidence as to the existence of                industry ;
dumping of certain sheets and plates, of iron or steel ,
originating in Czechoslovakia and certain other coun­
tries and material injury resulting therefrom ;                      Whereas, the import prices into the Community of
                                                                     products originating in Czechoslovakia are consider­
Whereas the Commission has published basis                           ably lower than these guidance prices and that such
prices (3) based on the lowest normal prices or costs of             undercutting prevents the European producers from
 production in the supplying countries where normal                  achieving the guidance prices and jeopardizes the
conditions of competition prevail, including the costs               equilibrium of the entire pricing system and threatens
of transport, insurance and customs duties ;                         to cause material injury to the Community industry or
                                                                     to a major part of it ;
Whereas the prices of imports into the Community of
the products which are the subject of the complaint
 have been compared with these basis prices ;                        Whereas immediate action has been requested by a
                                                                     Member State ;
Whereas a preliminary examination of the matter
 based on this comparison shows that these products,
                                                                     Whereas, in the serious conditions being experienced
originating in Czechoslovakia are offered for import
within the Community (the British market) at prices                  by the Community steel industry, the interests of the
                                                                      Community require immediate action ;
 lower than the basis prices and that dumping has
 taken place, the margin of which is constituted by this
undercutting ;                                                       Whereas it is for the Commission, without prejudice
                                                                      to the results of the investigation opened in accor­
 Whereas, with regard to injury to the industry                       dance with Article 1 1 of recommendation 77/ 329/
 concerned , the evidence submitted to the Commis­                    ECSC, to decide promptly to apply provisional
 sion shows that, on the one hand, imports into the                   measures consisting of the imposition of a provisional
 Community of the products increased globally from                    anti-dumping duty on imports of the products
 560 000 tons to approximately 1 350 000 tons                         concerned originating in Czechoslovakia, the rate of
 between 1974 and 1977, imports originating in                       which corresponds to the difference between the basis
                                                                      price published by the Commission for this product
 (') OJ No L 1 14, 5 . 5 . 1977, p. 6 .                              and its price on importation into the Community,
 (2 ) OJ No L 352, 31 . 12 . 1977, p . 13 .
 (3 ) cf. Communication from the Commission of 31
      December 1977 concerning the basis prices of certain           (4) OJ No L 1 14, 5 . 5 . 1977, p. 1 ; OJ No C 174, 22. 7. 1977
      steel products, OJ No L 353 , 31 . 12. 1977, p. 1 .                and OJ No L 352, 31 . 12 . 19 77, p . 17.
 ---pagebreak--- No L 19/ 8                         Official Journal of the European Communities                             24 . 1 . 78
MAKES THE FOLLOWING RECOMMENDATION :                          tional upon the deposit of security for the amount of
                                                              the provisional duty.
                        Article 1
                                                                                      Article 3
1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in             This recommendation shall be notified to the Member
Czechoslovakia :                                              States .
— sheets and plates, of iron or steel, other than elec­
                                                              It shall enter into force for each Member State on the
    trical, not further worked thaw cold-rolled, of a
    thickness of less than 3 mm,                              date of its publication in the Official Journal of the
                                                              European Communities.
— Common Customs Tariff subheading 73.13 B II b)
    and c),                                                   Without prejudice to the provisions of Article 18 of
— NIMEXE codes 73.13-43 , 45, 47 and 49 .                     recommendation 77/329/ ECSC, it shall apply until
                                                              the entry into force of an Act of the Commission
2. The amount of this duty shall be equal to the              either adopting definitive measures or extending the
amount by which the effective price (basic price plus         provisional duty, and in any event for a maximum
extras) established by contract, free frontier duty-paid,     period of three months.
is lower than the effective price (basic price plus
extras) published by the Commission for this product.
3 . The provisions in force for the collection of             Done at Brussels, 18 January 1978 .
customs duty shall apply to the collection of this duty.
                                                                                         For the Commission
                        Article 2
                                                                                        Wilhelm HAFERKAMP
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                              Vice-President