CELEX: 31988R0014
Language: en
Date: 1987-12-23 00:00:00
Title: Commission Regulation (EEC) No 14/88 of 23 December 1987 imposing a provisional anti-dumping duty on imports of roller chains for cycles originating in the People' s Republic of China

6 . 1 . 88                                   Official Journal of the European Communities                                No L 3/5
                                          COMMISSION REGULATION (EEC) No 14/88
                                                          of 23 December 1987
                    imposing a provisional anti-dumping duty on imports of roller chains for cycles
                                          originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                  the China National Light Industrial Products
                                                                             Import and Export Corporation, Beijing, were
Having regard to the Treaty establishing the European                        being imported into the Federal Republic of
Economic Community,                                                          Germany at very low prices, suggesting that the
                                                                             price undertaking was being violated.
Having regard to Council Regulation (EEC) No 2176/84
of 23 July 1984 (') on protection against dumped or subsi­                   The      Commission      studied    the    information
dised imports from countries not members of the Euro­                        submitted to it and granted the Chinese exporting
pean Economic Community, as amended by Regulation                            company a hearing.
(EEC) No 1761 /87 (2), and in particular Article 10 (6)
thereof,
After consultations within the Advisory Committee esta­                               B. Violation of the Undertaking
blished by that Regulation ,
                                                                        (5)  The Commission initially checked the allegation
Whereas :
                                                                             against the official statistics available.
                                                                             The company did not dispute the statistics, but said
                               A. Procedure                                   it could not control the activities of its various
                                                                              subsidiaries in China. However, in offering the
(1)      Following a complaint from the Fachverband Fahr­                     price undertaking accepted by the Commission, the
          rad- und Kraftradteile-lndustrie eV the Commis­                     company promised to comply with a given deli­
         sion published a notice in the Official Journal of                   vered price, free-at-Community frontier, not only
          the European Communities (-') announcing the                        on its own account but also through its subsidiaries,
          initiation of an anti-dumping proceeding concer­                    branches and agents.
          ning imports into the Community of 1 /2" x 1 /8 "
          roller chain for cycles, corresponding to combined
                                                                              The company also argued that it could not be held
          nomenclature code ex 7315 11 10 (from 1 January
                                                                              responsible for resale of the goods to the Commu­
          1988), originating in the Soviet Union and the
          People's Republic of China ; it then commenced                      nity from other third countries, notably Hong
                                                                              Kong. The undertaking, however, included a
          investigations.
                                                                              promise that the necessary steps would be taken to
                                                                              see that it was not circumvented by means of resale
 (2)      Following the investigation , which established the                 of the company's products from other countries.
          existence of dumping and injury (4), one Chinese                    The Commission has evidence that the exporter
          exporter, the China National Light Industrial                       invoiced consignments to the Community via
          Products Import and Export Corporation . Beijing,                   Hong Kong at prices lower than those stipulated in
          and the Soviet exporter offered price undertakings.                 the undertaking.
 (3)      The Chinese first undertook to raise its export               (6)   The company also violated the undertaking by
          prices by an amount sufficient to eliminate the                     failing to report to the Commission periodically
          injury caused by dumping (5).                                       giving details of quantities exported to the
                                                                              Community, unit prices and total value. It said it
 (4)      In July 1987 the Commission was informed that                       was unable to fulfil this obligation. .
           1 /2" X 1 /8 " roller chains for cycles originating in
          the People's Republic of China and produced by
 (')  OJ No L 201 , 30 . 7. 1984, p I.                                                   C. Reopening of proceeding
  (2) OJ No L 167, 26. 6 . 1987, p. 9 .
 O    OJ No C 235, 5. 9 . 1984, p. 9 .
 (4)  OJ No L 217, 14. 8 . 1985, p. 7 . Regulation (EEC) No 2317/ 85 ,   (7)  The Commission considers that in the circum­
      12 August 1985 .
  O OJ No L 40, 15. 2. 1986, p . 27 . Decision 86/33/EEC, 13 Fe­               stances the facts should be reviewed. It has there­
      bruary 1986 .                                                            fore reopened the investigation.
 ---pagebreak--- No L 3/6                                  Official Journal of the European Communities                                  6. 1 . 88
                   D. Provisional measures                           ponding to combined nomenclature code ex 7315 11 10,
                                                                    originating in the People's Republic of China and
(8)     In the light of the evidence available to it the             produced by the China National Light Industrial Products
       Commission considers that exports from the China              Import and Export Corporation , Beijing
       National Light Industrial Products Import and
       Export Corporation , Beijing, of 1 /2" x 1 /8 " roller        2. The duty shall be equal to the amount by which the
       chains for eyelet originating in the People's Repu­           free-at-Community frontier net price per meter, before
       blic of China should be made subject to an anti­              duty, falls below 0,56 Ecu.
       dumping duty, and that it is in the interests of the         The free-at-Community frontier prices shall be net prices
       Community to impose a provisional anti-dumping               where the terms of sale are such that payment is to be
       duty forthwith on all imports of 1 /2" x 1 /8 " roller
                                                                     made within thirty days of the date of delivery. They shall
       chains originating in the People's Republic of                be increased or reduced by 1 % for each month by which
       China .
                                                                     this period is shortened or lengthened.
                         E Rate of duty                              3. The provisions in force concerning customs duties
                                                                     shall apply.
(9)     In accordance with Article 10 (6) of Regulation No
                                                                     4. The release for free circulation in the Community of
       2176/84, the anti-dumping duty should be set, on
       the basis of the facts established before acceptance          the products referred to in paragraph 1 shall be subject to
       of the undertaking, at a rate equivalent to the               payment of a security equivalent to the amount of the
       amount by which the net price per metre, free-at­             provisional duty.
       Community frontier, before duty, falls below 0,56
                                                                                              Article 3
       ECU, in conformity with Council Regulation
       (EEC) (') No 338/86,"                                         Without prejudice to Article 7 (4) (b) and (c) of Regulation
                                                                     (EEC) No 2176/84, interested parties may make known
 HAS ADOPTED THIS REGULATION :
                                                                     their views in writing and apply to be heard by the
                                                                     Commission within one month of the entry into force of
                                                                     this Regulation .
                           Art idt 1
                                                                                              Article 4
 The undertaking accepted by Commission Decision
 86/33/EEC (2) is hereby withdrawn .                                 This Regulation shall enter into force on the day follo­
                                                                     wing its publication in the Official Journal of the Euro­
                           Arlich 2                                  pean Communities. Subject to Articles 11 , 12 and 14 of
                                                                     Regulation (EEC) No 2176/84, it shall apply for four
 1 . A provisional anti-dumpmg duty is hereby imposed                months, unless the Council adopts definitive measures
 on imports of 1 /2" x 1 / 8 " roller chains for cycles, corres­     before the expiry that period.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States
                  Done at Brussels. 23 December 1987 .
                                                                                For the Commission
                                                                                 Willy DE CLERCQ
                                                                           Member of the Commission
 (') OJ No L 40, 15 . 2. 1986, P . 25 .
 (2) OJ No L 40, 15. 2. I ^ 86 , P . 27 .