CELEX: 51980PC0773
Language: en
Date: 1980-11-19
Title: Proposal for a COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on mechanical alarm clocks (other than travel alarms) originating in the German Democratic Republic and the USSR (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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COM (80) 773
Vol. 1980/0241
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(80 ) 773 final
                                                   Brussels - 19 November 1980
                             Proposal for a
                        COUNCIL REGULATION ( EEC )
 imposing a definitive anti-dumping duty on mechanical alarm clocks
 ( other than travel alarms ) originating in the German Democratic
                          Republic and the USSR
             ( submitted to the Council by the Commission) I
                                                             '        Ê«ol
C0M(80 ) 773 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
 The Commission / by Regulation ( EEC ) 1579 / 80(1 )        imposed a
provisional anti-dumping duty on certain mechanical alarm clocks ( other than ,
travel alarms ) from the German Democratic Republic and the- USSR .    This
Regulation applies until the entry into force of an Act of the Council
adopting definitive measures or , at the latest , Until 19 December 1980 .
A month before the expiry of this time limit the Commission, pursuant to
the anti-dumping Regulation ( EEC ) 3017 / 79(2 ), is required to submit to the
 Council a proposal relating to the adoption of definitive measures .
Since the imposition of the duty , the Commission 's services have continued their
examination of the facts and commissioned an outside body to carry out a technical
assessment of representative samples of the clocks involved . Following their
examination , the exporter in the German Democratic Republic and certain
importers from the USSR advanced arguments concerning the Commission 's
determination of dumping and of injury .
The facts as finally established, taking into account the points advanced by the'
exporter in the German Democratic Republic and the importers from the USSR show
the existence of dumping and injury and that the amounts received by way of         .
provisional duty should be definitively collected up to the amount of the
definitive    anti-dumping duty .
 In these circumstances , the Commission submits the attached proposal for a
Council Regulation imposing a definitive anti-dumping duty on certain         -
mechanical alarm clocks fother than travel alarms ) originating in the German
Democratic Republic and the USSR and providing for the definitive collection
of part of the amounts secured by way of provisional duty .      Since the exporter
in the German Democratic Republic has voluntarily undertaken to increase his
prices as from January, 1980 to a level which the Commission considers to be
satisfactory "It is further proposed that this exporter be excluded from the
application of the definitive gnti**dumping duty as of that date .
( 1 ) 0J No L 158 , 25.6.80 p. 5'
( 2 ) 0J No L 339 , 31.12.1979, p. 1
 ---pagebreak---                                                P ropo sal
                                         COUNCIL REGULATION ( EEC )
                       imposing a definitive anti-dumping duty on mechanical alarm
                       clocks ( other than travel alarms ) originating in the German
                       Democratic Republic and the USSR
              THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
               Having regard to the Treaty establishing the European Economic Community ,
              Having regard to Council Regulation ( EEC ) No 3017 / 79 of 20 December 1979 on
              protection against dumped or subsidized imports from countries not members
              of the European Economic Communityd ),
               Having regard to the proposal submitted by the Commission after consultation
              with the Advisory Committee set up under Article 6 of Regulation ( EEC ) No 3017 / 79 .
              Whereas in May 1979 the Commission received a complaint lodged by the British
               Clock and Watch Manufacturers Association Ltd on behalf of manufacturers accounting
               for a major part of the Community production of mechanical alarm clocks ;      whereas
              the complaint contained evidence of the existence of dumping in respect of
               like products originating in China , Czechoslovakia , the German Democratic
               Republic , Hong Kong and thejiJSSR , and of substantial injury resulting therefrom ;
Reg 1579 / 81
               Whereas , since the said evidence was sufficient to justify initiating a proceeding ,
I 158          the Commission accordingly announced , by a notice published in the Official Journal
              ( 1 ) OJ No L 339 , 31.12.1979 , p. 1
 ---pagebreak---                                                       - 2 -
                of the European Communitiesd )/ the Initiation of a proceeding concerning imports
                of mechanical alarm clocks originating in China , Czechoslovakia / the German
                Democratic Republic / Hong Kong and the USSR / and commenced an investigation of
                the matter at Community level ;             ,
                Whereas , in the case of Hong Kong , no dumping was found; whereas consequently
                the Commission, by Decision      80/ 600/ EEC ( 2 )/   terminated the proceeding in
                respect of Hong Kong ;
   L 158
              . Whereas , in order to establish whether imports f rom China / Czechoslovakia , the ,
Reg 1579 /              German Democratic Republic and the USSR were dumped, th<j Commission had to
      80
                take into account tho fact that these countries are not market economy countries;
                whereas since no dumping was found for Hong Kong, it was considered appropriate
                and not unreasonable to use Hong Kong export prices to the Community as the
                basis for determining the normal va.lue for exports to the Community from the
                non-market economy countries in question;                   s       jf
                Whereas , since on this basis the preliminary examination of the matter showed that
                there was dumping , that there was sufficient evidence of injury and that the
   L 114 /37    interests of the Community called for immediate intervention, the Commission,
                by Regulation ( EEC ) No 1579 / 80(5 ) imposed a provisional anti-dumping duty on    '
Reg 1100 / 80 mechanical alarm clocks ( other than travel alarms ) originating in the German
                Democratic Republic and the USSR;
                Whereas the Chinese and Czechoslovak exporters concerned had voluntarily
                undertaken to increase thdir prices to a level which the Commission considered
                satisfactory ; whereas these undertakings were accepted by the Commission , which
                accordingly , inits Decision 80/ 600/ EEC ,          decided to terminate the proceeding
                with respect to these two countries , and to exclude them from the application of
                the provisional duty; .:. ' 1 "     r                         '■       • r y-* *
                 ( 1 ) OJ No C 212 , 24.8.1979, p . 3
                 ( 2 ) OJ No L 158/ 25.6.1980 , p . 18
            ■      '. t.,' 1  . .-
                                                               I                 II           . .        '
 ---pagebreak---                                                 - 3 -
            Whereas in the course of the subsequent examination of the matter completed
            after the imposition of the provisional anti-dumping duty , the interested parties
            had the opportunity to make known their views in writing , to be heard by the
L 114 / 37
             Commission and orally to develop their views , to inspect non-confidential
             information relevant to the defence of their interests and to be informed
            of the essential facts and considerations on the basis of which it was intended
            to make a final determination ; whereas the exoorters in the German Democratic Republic
   and sone of the importers of USSR clocks ,              . L ., . . ■     , .  ,        ,
                        availed themselves ot these possibilities by making known their views
             in writing and orally ;
            Whereas during this time the Commission also had carried out by an outside
            body a technical assessment of representative samples of the clocks involved
            in the proceeding , in order to be better able to make appropriate allowances
            for differences in physical characteristics in making the final determination of
            dumping and injury ;
            Whereas , in order to allow more time for the examination of the facts , and
             in particular the anlaysis of the above technical assessment , the Commission
            notified the exporters concerned of its intention to propose to the Council a
            two-month extension of the provisional duty ; whereas neither exporter raised
            any objection ; whereas the Council consequently decided , acting on a proposal
            from the Commission , by Regulation ( EEC ) No 2573 / 80 ( 1 ), to extend the provisional
            duty for a period of two months beginning on 20 October 1980 ;
            Whereas , in order to arrive at a final determination of the dumping margins ,
            the Commission used prices valid     for 1980 ;           whereas the Commission took
                                                                 on
             into account in this context the information / prices and quantities supplied
            by the exporter of the German Democratic Republic subsequent to the above-mentioned
            hearing ;
            Whereas the Commission 's final calculations show that the weighted average dumping
            margin for alarm clocks exported by the German Democratic Republic is         0,58     EUA
            per clock for alarms with external bells falling within NIMEXE Code 91.04-56 , and
            '0,30 EUA per clock for other alarms ;    whereas for alarms exported by the USSR , the
           weighted average dumping margin , based on the most representative market, is 2,00       EUA
           ( 1 ) 0J No L 265 , 1.10.1980 , p. 1
 ---pagebreak---                                    _  L _
per clock for alarms falling within NIMEXE Codes 91.02-91 and 91.04-58 , and
         1,30 , EUA per clock for alarms falling within , NIMEXE Code 91.04-56;
Whereas , however , taking into account , on the one har.d , importers' resale
prices , costs and profits and , on the other hand , Community producers *
prices and profit margins , with due allowance being made for differences in
physical characteristics , the Commission estimates that increases of a
 lesser* order would in some cases be sufficient to remove the injury
attributable to the dumped imports , namely , in the case of alarms with external
belli falling within NIMEXE Code 91 . 04-56 exported by the German Democratic
Republic , 0.58 EUA per clock,' in the case of alarms exported by the USSR fall'..".g
within NIMEXE Codes 91.02-91 and 91.04-58, 2.00 EUA per clock , and for alarms
exported by the USSR falling within NIMEXE Code 91.04-56 1.30 EUA per clock ;
Whereas , " with regard to the other elements affecting the determination bf injury ,
no new information was received nor further arguments advanced which could
have altered that determination ;         '                  ' •
Whereas , therefore , the facts as finally established show that , due consideration
having been given to the other factors having a bearing on the situation
of the industry , ! the imports in question are causing or threatening to cause
material injury to the Community industry concerned ;
Whereas , in these circumstances , the protection of the Community 's interests
calls for the imposition of a definitive anti-dumping duty in respect <pf
mechanical alarm clocks (other than travel alarms ) originating in the German
Democratic Republic and the USSR ;
Whereas the amount of the definitive anti-dumping duty should be fixed at a level
sufficient to eliminate the weighted average margin of dumping or , when lower ,
sufficient to eliminate the injury to Community producers attributable to the
dumped imports ;
 ---pagebreak---                                         - 5 -
Whereas the exporter in the German Democratic Republic has voluntarily undertaken
to increase its prices from 1 January 1981 to a level which the Commission
considers satisfactory ; whereas the Commission , after consultation within the
Advisory Committee , has decided to accept this undertaking and terminate ,
with effect from 1 January 1981 , the proceeding in respect of the German
Democratic Republic ; whereas the latter should consequently be excluded from
tr.z application of the anti-dumping duty as of that date ;
                                                  -         -             .  }
Whereas the amounts secured by way of provisional anti-dumping duty should br
definitively collected , to the extent that they do not exceed the amount of
the definitive anti-dumping duty ;
HAS' ADOPTED THIS REGULATION :
                                     Article 1
1 .   A definitive anti-dumping duty is hereby imposed on mechanical alarm
clocks ( other than travel alarms ) originating in the*German Democratic Republic
and the USSR and falling within subheadings ex 91.02 B and ex 91.04 B of the
Common Customs Tariff , corresponding to NIMEXE Codes 91.02-91 , 91.04-56 and .
91 . 04-58 .                          i
2-    The amount of the definitive anti-dumping duty shall be as follows :
(a)    for the German Democratic Republic :                            •
       i.    for models with external bells falling within
             NIMEXE Code 91.04-56 :         0.58 EUA per clock
       ii . for other models :             0.30  EUA per clock
(b)    for the USSR :          s
       i.    for clocks falling within NIMEXE Codes 91.02-91 and 91.04-58 :
             2.00 euA per dock
       i i • for clocks falling within NIMEXE Code 91.04-56 : . 1.30 EUA per clock
 ---pagebreak---                                      6
  3 . The provisions in force with regard to customs duties shall apply to
  the definitive anti-dumping duty .                -
                                 Article 2
, The amounts secured by way of provisional duty under Regulation ( EEC ) No 1579 / 80
  shall be definitively collected to the extent that they do not exceed the amount of
  the definitive anti-dumping duty .          . -
                               Article 3
  1 . This Regulation shall enter into force on the third day following its publication
  in the Official Journal of the European Communities .            ,
  2.  It shall cease to have effect / jrfi t h respect to alarm clocks exported by the
  German Democratic Republic / on 1 January 1981 . .
  This Regulation shall be binding in its entirety^ and directly applicable in
  all Member States .
  Done at Brussels ,       \      '                   ,    For the Council
                             • •       '                   The President
                     I;