CELEX: 51982PC0750
Language: en
Date: 1982-11-11
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on methylamine, dimethylamine and trimethylamine originating in the German Democratic Republic and definitively collecting the amounts secured by the way of provisional duty (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (82) 750
Vol. 1982/0229
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(82)750 final
                                          Brussels . 11th November 1982
                      PROPOSAL FOR A COUNCIL REGULATION ( EEC )
           imposing a definitive anti-dumping duty on methylamine ,
           dimethylamine and trimethylamine originating in the German
           Democratic Republic and definitively collecting the amounts
           secured by the way of provisional duty
                  ( presented by the Commission to the Council )
               a . v > ./vS>    ^ m  UM
  C0M(82 ) 750 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1.   On 13 August 1982 , by Regulation ( EEC ) N° 2243 / 82 , the Commission
imposed a provisional anti-dumping duty on imports of methylamine ,
dimethy lamine and trimethy lamine originating in the German Democratic
Republic .  This duty expires on 13* December 1982 .
2.   After the imposition of the provisional duty , the exporter in the
German Democratic Republic requested a hearing during which he made his views
known and was        presented with the findings of the investigation .
The Commission , after careful examination of the arguments put forward ,
found no reason to amend the provisionally established weighted average
dumping margin .
3.   With regard to injury , no fresh evidence has been submitted to the
Commission since the imposition of the provisional duty .       In the
Commission 's view , the facts as finally determined show that the effects
of the dumped imports of methylamines originating in the German               V;
Democratic Republic taken in isolation have to be considered as
constituting material injury .
4.   On the basis of these facts , the Commission therefore submits to the
                                                                              \
Council its proposal for a Council Regulation , imposing a definitive
anti-dumping duty of 28.8% on imports of methylamine , dimethylamine and
trimethylamine originating in the German Democratic Republic .       It is
further proposed that the amounts secured by way of provisional duty
should be collected definitively .
1 0J N° L 238, 13.08.1982 , p. 35
 ---pagebreak---                       Proposal of a
                 COUNCIL REGULATION     ( EEC )
imposing a definitive anti-dumping duty on methy lamine , dimethy Lamine
and trimethylamine originating in the German Democratic Republic and
definitively collecting the amounts secured by way of provisional duty
THE COUNCIL      OF THE EUROPEAN COMMUNITIES ,
                                \
                                  X
                                   I '■
Having regard to the Treaty Establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) N° 3017 / 79 of 20 December 1979
on protection against dumped or subsidized imports from countries not
                                                  1
members of the European Economic Community , as amended by Council
Regulation ( EEC ) N° 1580 / 82 ^, and in particular Article 12 thereof ,
                                                \
 Having reqard to the proposal of the Commission submitted after consultations
 within the Advisory Committee as provided for^under Article 6 of the above
 Regulation ,                                       \ .
                                                     V-
Whereas in December 1981 the Commission received a-zcomplaint lodged by
the European Council of Chemical Manufacturers' Federations ( CEFIC ) on
behalf of all Community manufacturers of methylamine , dimethylamine and
trimethylamine against imports from Romania and on behalf of the major
part of Community manufacturers against imports from the 'German Democratic
                                                               •\
Republic ;
                                                                  \
Whereas , since the complaint provided sufficient evidence of dumping in
respect of the like products originating in the German Democratic" Republic
                                                                       \
and Romania and of material injury resulting therefrom , the Commission
accordingly announced by a notice published in the Official Journal of
the European Communities ^ the initiation of a procedure concerning imports
of methylamine ( MMA ), dimethylamine ( DMA ) and trimethylamine ( TMA ),
collectively known as methy lamines , originating in the German Democratic
Republic and Romania and commenced an investigation of the matter ;
Joj N° L 339, 31.12.1979, p 1
^0J N° L 178, 14.06.1982 , p. 9
^0J N° C 79 , 31.03.1982 , p. 2
 ---pagebreak--- Whereas , since the provisional examination of the matter showed that
dumping was taking place and that there was adequate proof of material
 injury resulting therefrom to the Community industry in question , the
 Commission, by means of Regulation ( EEC ) N° 2293/821 , imposed a provisional
anti-dumping duty of 28.8% on imports of methylamines originating in the
German Democratic Republic and accepted ,        a price under­
taking offered by the Romanian exporter and consequently terminated the
procedure in respect of exports originating in Romania thereby excluding
them from the application of the duty ;
Whereas in accordance with Article 2 of that Regulation the Commission
gave the parties in question the opportunity to make known their views and
apply to be heard orally by the Commission within a month of the entry
into force of the provisional duty , without prejudice to Article 7(A ) ( b )
and ( c ) of Regulation ( EEC ) N° 3017 / 79 , as amended ;
Whereas the exporter in the German Democratic Republic and some of the
importers in question have availed themselves of this opportunity and made
their views known orally and in writing ; whereas i n order to establish
whether imports of methylamines from the German Democratic Republic were
dumped , it has to be taken into account that this country does not operate
a market economy ; whereas the Commission decided that for the calculation
of normal value in a market economy country the domestic market of the
United States of America was reasonable for the purposes of a preliminary
finding of dumping ; whereas there are no indications that this assessment
should be modified for the definitive finding ;
Whereas the Commission has carefully examined all the arguments advanced by
the exporter and the importers and has found no reason to change the pro­
visionally established weighted average dumping margin ;
Whereas no fresh evidence regarding the injury to the Community industry
has been submitted to the Commission since the imposition of the provisional
duty ;
  0J N° L 238 , 13.08.1982 , p. 35
 ---pagebreak--- Whereas , therefore , in the Commission 's view , the facts as finally
determined show that the effects of the       dumped imports of methylamines
originating in the German Democratic Republic taken in isolation have to
be considered as constituting material injury to the Community industry
concerned ;
Whereas the German Democratic Republic exporter AHB-Chemie , Export-Import ,
Berlin , on being presented with these findings offered an undertaking
which the Commission , after consultation with the Member States , did not
consider to be acceptable ;
Whereas , therefore , a definitive anti-dumping duty should be imposed on
imports of methylamines from the German Democratic Republic equal to the
margin established in the preliminary investigation ; whereas Community
interests also call for the definitive collection in their entirety of
the amounts secured by way of provisional anti-dumping duty ,
HAS ADOPTED THIS REGULATION :
                               Article 1
1.    A definitive anti-dumping duty is hereby imposed on methylamine ,
 d imethy lamine and trimethy lamine falling within Common Customs Tariff
subheading ex 29.22 A I and corresponding to Nimexe code ex 29.22-11
originating in the German Democratic Republic .
2.    The rate of the duty referred to in paragraph 1 shall be 28.8% on the
basis of the customs value determined in accordance with Council Regulation
( EEC ) N° 1224 / 80 of 28 May 1980 on the valuation of goods for customs
          1
purposes    .
3.    The provisions in force concerning customs duties shall apply for the
application of the duty referred to by this Article .
  OJ N° L 134 , 31.05.1980 , p. 1
 ---pagebreak---                                Article 2
The amounts secured by way of provisional anti-dumping duty under
Regulation ( EEC ) N° 2243 / 82 shall be definitively collected in their
enti rety .
                               Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                               For the Council
                                                The Président