CELEX: 31977R0261
Language: en
Date: 1977-02-04 00:00:00
Title: Commission Regulation (EEC) No 261/77 of 4 February 1977 imposing a provisional anti-dumping duty on bull bearings, tapered roller bearings and parts thereof originating in Japan

No L 34/60                             Official Journal of the European Communities                                5 . 2 . 77
                                  COMMISSION REGULATION ( EEC) No 261 /77
                                                       of 4 February 1977
               imposing a provisional anti-dumping duty on ball bearings, tapered roller bear­
                                       ings and parts thereof originating in Japan
THE COMMISSION OF THE EUROPEAN                                     Whereas, because of the association between the Japa­
COMMUNITIES,                                                       nese exporters and the majority of the importers in
                                                                   Europe, the export prices were constructed on the
Having regard to the Treaty establishing the European              basis of the prices at which the imported products are
Economic Community,                                                first resold to an independent buyer, allowance being
                                                                   made for costs and profits between importation and
Having regard to Council Regulation (EEC) No                       resale ;
459/68 of 5 April 1968 on protection against
dumping or the granting of bounties or subsidies by
countries which are not members of the European                    Whereas these comparisons were made at the ex-fac­
Economic Community ( J ), as amended by Regulation                 tory level, and in respect of sales made during a
(EEC) No 20 11 /73 (2), and in particular Article 15               period which was generally the first half on 1976, due
thereof,                                                           allowance having been made, on their merits, for
                                                                   differences affecting price comparability ;
Having regard to the opinion of the Advisory
Committee set up under the said Regulation,                        Whereas this preliminary examination of the matter
                                                                   shows that dumping has taken place, the margin of
Whereas the Commission has received a complaint                    which varies considerably from one transaction to
submitted in the name of the Community roller                      another and in several cases exceeds 30 % ;
bearing industry setting out evidence as to the exist­
ence of dumping of like products originating in
Japan, as well as material injury resulting therefrom ;            Whereas, with regard to injury to the industry
                                                                   concerned, the evidence available to the Commission
Whereas, since the information received indicated                  shows that imports into the Community of the
that the complaint was admissible and that defensive               products concerned originating in Japan have consid­
measures against dumping might be necessary, the                   erably increased, since , from a level of approximately
Commission officially notified the representatives of              5 500 tonnes in 1968 they increased to 15 600 tonnes
the exporting country and the importers and exporters              in 1974 and 19 000 tonnes in 1975, this increase
known to be concerned, published in the Official                   having continued in 1976 in most of the regions prin­
Journal of the European Communities of 13                          cipally concerned ;
November      1976 a notice of the          initiation of an
enquiry concerning imports of ball bearings, tapered               Whereas, moreover, these products are offered for sale
roller bearings and parts thereof originating in                   on the Community market at prices which very often
Japan (3) and commenced and examination of the                     undercut the prices prevailing among Community
facts in collaboration with the Member States ;
                                                                   producers of like products, and exercise a depressive
                                                                   effect on them ;
Whereas the Commission gave interested parties the
opportunity to make known their views in writing ;
                                                                   Whereas, as a result of this, the imports concerned
Whereas the Commission heard the interested parties                have been able to acquire an average market share in
and gave to the parties directly concerned the opportu­            the markets most particularly affected, that is, in
 nity orally to develop their views and to meet and to             Germany, France and the United Kingdom, of 15%
 present opposing views and rebuttal arguments ;                   for ball bearings and of 5 % for tapered roller bear­
                                                                   ings ; whereas the market share is considerably higher
Whereas,     in  order to examine          the   existence of       in one of the markets, where it represents 22 and 8 %
dumping, the Commission compared the export                         respectively ;
 prices to the Community with those effectively
 prevailing on the Japanese market ; whereas, because
 of the multiplicity of types of the product concerned,            Whereas this development has taken place to the detri­
 this comparison was carried out for a certain number               ment of the Community industry which is in a diffi­
of types representative of the price-structure of the              cult situation , characterized by a reduction of 10 % in
 products concerned ;                                               production from 1974 to the first half of 1976 in the
                                                                    regions most affected, where the major part of the
(') OJ No L 93 , 17 . 4. 1968 , p. 1 .                              Community industry is established by redundancies
(-) OJ No L 206, 27 . 7 . 1973 , p. 3 .                             and short-time working for the personnel of the enter­
(J) OJ No C 268 , 13 . 11 . 1976, p. 2 .                            prises concerned, and by a reduction in profits or the
 ---pagebreak--- 5 . 2. 77                           Official Journal of the European Communities                         No L 34/61
appearance of losses for several of the firms con­             Common Customs Tariff heading No ex 84.62 and
cerned ;                                                       originating in Japan, on the basis of the value
Whereas there is, therefore , sufficient evidence to
                                                               declared in conformity with Regulation (EEC) No
                                                               375/69 ( i ) :
show that, due consideration having been given to the
other factors having a bearing on the situation of this        — ball bearings : NIMEXE code 84.62-11 ,
industry, as for example, the very considerable                — tapered roller bearings : NIMEXE code 84.62-17,
decrease in Community exports, the dumped imports
are causing material injury to the Community                   — parts of ball bearings : NIMEXE codes ex 84.62-29
                                                                   and ex 84.62-33 ,
industry ;
                                                               — parts of tapered roller bearings : NIMEXE codes
Whereas, for these reasons , several Member States                 84.62-27 and ex 84.62-33 .
requested the Commission, during the meeting of the
Advisory Committee on 28 January 1977, to take                 2. However, the rate of the said duty, shall be fixed
provisional measures immediately in accordance with            at 10 % with regard to products manufactured and
Article 15 ( 1 ) (c) of Regulation (EEC) No 459/68 ;           exported by :
Whereas, in the circumstances, the interests of the
                                                              — Nachi-Fujikoshi Corporation, Japan,
Community call for immediate intervention,                    — Koyo Seiko Company Limited, Japan.
consisting in the imposition of a provisional anti­
dumping duty on imports of the products in question
of Japanese origin ;                                                                    Article 2
Whereas, for administrative reasons, it is not possible       The entry of the products described in Article 1 into
to fix different rates of duty for various types of bear­
                                                               free circulation shall be conditional upon the deposit
ings ; whereas, consequently, it is necessary to fix a        of security for the amount of the provisional duty.
single rate for all the products ;
Whereas, however, with regard to the margins of
                                                                                        Article 3
dumping provisionally determined for two of the
exporting firms, it is appropriate to provide for a lower
rate for products manufactured and exported by the            This Regulation shall enter into force on the day of its
said two firms,                                                publication in the Official Journal of the European
                                                               Communities.
HAS ADOPTED THIS REGULATION :                                 Without prejudice to the provisions of Articles 16 and
                                                               18 of Regulation (EEC) No 459/68 , it shall apply until
                         Article 1                            the entry into force of an Act of the Council either
                                                              adopting definitive measures or extending the provi­
1 . A provisional anti-dumping duty of 20 % is                sional duty, and in any event for a maximum period
hereby imposed on the following goods, falling within         of three months .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 4 February 1977.
                                                                         For the Commission
                                                                        Wilhelm HAFERKAMP
                                                                              Vice-President
                                                              (•) OJ No L 52, 3 . 3 . 1969, p. 1 .