CELEX: 31978K0117
Language: en
Date: 1978-01-18 00:00:00
Title: Commission recommendation No 117/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on imports of certain types of haematite pig iron originating in Canada

24. 1 . 78                          Official Journal of the European Communities                               No L 19 / 1
                                                              I
                                           (Acts whose publication is obligatory)
                            COMMISSION RECOMMENDATION No 117 / 78 / ECSC
                                                     of 18 January 1978
               imposing a provisional anti-dumping duty on imports of certain types of haema­
                                          tite pig iron originating in Canada
THE COMMISSION OF THE EUROPEAN                                   Whereas, with regard to injury to the industry
COMMUNITIES,                                                     concerned, the evidence submitted to the Commis­
                                                                 sion shows that, on the one hand, imports into the
Having regard to the Treaty establishing the European            Community of the products originating in Canada
Coal and Steel Community, and in partcular Articles              have risen from 103 000 tonnes in 1975 to 87 000
74 and 86 thereof,                                               tonnes in the first six months of 1977 and that, as a
                                                                 result, they have been able to acquire, in the whole of
Having regard to Commission recommendation                       the Community, a market share of about 40 % , and
77/329 /ECSC on protection against dumping or the                that, on the other hand, the Community iron and
granting of bounties or subsidies by countries which             steel industry is in a crisis situation characterized by a
are not members of the European Coal and Steel
                                                                 reduction of about 25 % in the production of haema­
Community (•), as amended by recommendation No
                                                                 tite pig iron between 1975 and 1977 and that as a
3004/77/ECSC (2), and in particular Articles 15 and 19
thereof,                                                         result, the Community iron and steel industry
                                                                 recorded a reduction in profits or losses in most of the
Having heard the opinions expressed within the Advi­             firms concerned ;
sory Committee provided for by recommendation
77/ 329 / ECSC,
                                                                 Whereas the import prices of deliveries originating in
Whereas the Commission has received a complaint,                 Canada are lower than the already low prices of the
submitted in the name of the relevant Community                  Community producers and thus accentuate the depres­
industry, setting out evidence as to the existence of            sion of Community prices thereby causing material
dumping of certain types of haematite pig iron origi­            injury to the Community industry or a major part of
nating in Canada and material injury resulting there­            it ;
from ;
Whereas the Commission has published basis
prices (3) based on the lowest normal prices or costs of         Whereas immediate action has been requested by a
production in the supplying countries where normal               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               Whereas it is for the Commission, without prejudice
are offered for import within the Community (the                 to the results of the investigation opened in accor­
British market) at prices lower than the basis prices            dance with Article 1 1 of recommendation 77/329/
and that dumping has taken place, the margin of                  ECSC, to decide promptly to apply provisional
which is constituted by this 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 Canada the rate of which
(2) OJ No L 352, 31 . 12. 1977, p. 13 .
(3) cf. Communication from the Commission of 31                  corresponds to the difference between the basis prices
    December 1977 concerning the basis prices of certain         published by the Commission for this product and its
    steel products, OJ No L 353, 31 . 12. 1977, p. 1 .           price on importation into the Community,
 ---pagebreak--- No L 19 /2                        Official Journal of the European Communities                             24. 1 . 78
MAKES THE FOLLOWING RECOMMENDATION :                         tional upon the deposit ot security tor 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
Canada :                                                     States .
— haematite pig iron and cast iron containing less           It shall enter into force for each Member State on the
    than 0.1 % by weight of manganese,                       date of its publication in the Official Journal of the
— Common Customs Tariff subheading ex 73.01 B,               European Communities.
— NIMEXE code 73.01-27 .
                                                             Without prejudice to the provisions of Article 18 of
2. The amount of this duty shall be equal to the             recommendation 77/329/ECSC, it shall apply until
amount by which the effective price (basic price plus        the entry into force of an Act of the Commission
extras) established by contract, free frontier duty-paid,    either adopting definitive measures or extending the
is lower than the effective price (basic price plus          provisional duty, and in any event for a maximum
extras) published by the Commission for these                period of three months.
products .
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