CELEX: 31978K0118
Language: en
Date: 1978-01-18 00:00:00
Title: Commission recommendation No 118/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on certain galvanized steel sheets and plates originating in Poland and Spain

24. 1 . 78                           Official Journal of the European Communities                             No L 19 /3
                            COMMISSION RECOMMENDATION No 118 / 78 / ECSC
                                                    of IS January 1978
               imposing a provisional anti-dumping duty on certain galvanized steel sheets
                                     and plates originating in Poland and Spain
THE COMMISSION OF THE EUROPEAN                                  Whereas, with regard to injury to the industry
COMMUNITIES,                                                    concerned, the evidence actually submitted to the
                                                                Commission shows that, on the one hand, imports
                                                                into the Community of the products increased
Having regard to the Treaty establishing the European           globally from 62 000 tonnes to 224 000 tonnes
Coal and Steel Community, and in particular Articles            between 1974 and 1977, imports originating in
74 and 86 thereof,                                              Poland and Spain having risen from 13 000 tonnes to
                                                                38 000 tonnes in the same period and that, as a result,
                                                                they have been able to acquire a market share of 8 %
Having regard to Commission recommendation                      in general and 2 to 3 % for imports originating in
77/329/ECSC on protection against dumping or the                Poland and Spain in the markets most particulary
granting of bounties or subsidies by countries which            concerned, that is Germany, UK, Belgium and Luxem­
are not members of the European Coal and Steel                  burg, and that, on the other hand , the Community
Community ( ! ), as amended by recommendation No                steel industry is in a crisis situation characterized by a
3004/77/ECSC (2), and in particular Articles 15 and 19          reduction in the numbers employed from approxi­
thereof,                                                        mately 780 000 to 720 000 between 1974 and 1977
                                                                and by short-time working and that, as a result, the
                                                                Community steel industry recorded serious losses in
Having heard the opinions expressed within the Advi­            most of the firms concerned ;
sory Committee provided for by recommendation
77/329/ ECSC ,
Whereas the Commission has received a complaint,                Whereas the import prices of deliveries originating in
submitted in the name of the relevant Community                 Poland and Spain are lower than the already low
industry, setting out evidence as to the existence of           prices of the Community producers and thus accen­
dumping of galvanized steel sheets and plates origi­            tuate the depression of Community prices thereby
nating in Poland, Spain and certain other countries             threatening to cause material injury to the Commu­
and material injury resulting therefrom ;                       nity industry or a major part of it ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of
production in the supplying countries where normal              Whereas immediate action was requested by a
                                                                Member State ;
conditions of competition prevail, including the costs
of transport, insurance and customs duties ;
Whereas the prices of imports into the Community of             Whereas, in the serious conditions being experienced
the products which are the subject of the complaint             by the Community steel industry, the interests of the
have been compared with these basis prices ;                    Community require immediate action ;
Whereas a preliminary examination of the matter
based on this comparison shows that these products
originating in Poland and Spain are offered for import          Whereas it is for the Commission , without prejudice
within the Community (the British market) at prices             to the results of the investigation opened in accor­
lower than the basis prices and that dumping has                dance with Article     11   of recommendation 77/ 329/
taken place, the margin of which is constituted by this          ECSC, to decide promptly to apply provisional
undercutting ;                                                  measures consisting of the imposition of a provisional
                                                                anti-dumping duty on imports of the products
 •) OJ No L 114, 5 . 5 . 1977. p. 6.                            concerned originating in Poland and Spain, the rate of
(2) OJ No L 352, 31 . 12. 1977, p. 13 .
(3) cf. Communication from the Commission of 31                 which corresponds to the difference between the basis
    December 1977 concerning the basis prices of certain        price published by the Commission for this product
    steel products, OJ No L 353, 31 . 12. 1977, p. 1 .          and its price on importation into the Community,
 ---pagebreak--- No L 19 /4                         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
                                                             States .
Poland and Spain :
— galvanized sheets and plates of iron or steel,              It shall enter into force for each Member State on the
— Common Customs Tariff subheading 73.13 B IV                 date of its publication in the Official Journal of the
    c),                                                       European Communities.
— NIMEXE codes 73.13-68 and 73.13-72.                        Without prejudice to the provisions of Article 18 of
                                                              recommendation 77/329/ECSC, it shall apply until
2. The amount of this duty shall be equal to the              the entry into force of an Act of the Commission
amount by which the effective price (basic price plus         either adopting definitive measures or extending the
extras) established by contract, free frontier duty-paid,     provisional duty, and in any event for a maximum
is lower than the effective price (basic price plus           period of three months.
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