31976R2757

13 . 11 . 76 Official Journal of the European Communities No L 312/41

COMMISSION REGULATION (EEC) No 2757/76 of 12 November 1976 imposing a provisional anti-dumping duty on cycle chains originating in Taiwan

THE COMMISSION OF THE EUROPEAN prices, with the exception of certain deliveries carried COMMUNITIES, out at prices which may be considered as normal ; whereas the dumping margin which has been provi­ Having regard to the Treaty establishing the European sionally determined is at least 1 5 % and in many Economic Community, cases is considerably higher ; Having regard to Regulation (EEC) No 459/68 of 5 April 1968 on protection against dumping or the Whereas there is, moreover, a very strong presumption granting of bounties or subsidies by countries which as to the granting of production and export subsidies are not members of the European Economic Commu­ to the Taiwanese industry ; nity (*), modified by Regulation (EEC) No 20 11 /73 (2), and in particular Article 15 thereof, Whereas there are elements of proof available as to Having heard the opinions expressed within the Advi­ the effect of these practices on the market situation of sory Committee set up by this Regulation, the Community which show that imports of these products originating in Taiwan have considerably Whereas the Commission has received a complaint, increased, since, having been almost non-existent submitted in the name of the Community industry for until 1971 , they increased from 1-5 million metres in cycle chains, setting out elements of proof as to the 1974 to almost 31 million metres in 1975 ; existence of dumping practices, bounties or subsidies, for like products, originating in Taiwan, as well as material injury resulting therefrom ; Whereas, moreover, these products are offered for sale in the Community market at prices which exercise a Whereas, having examined the admissibility of the depressive effect on the prices applied by Community complaint, the Commission published in the Official producers of like products ; Journal of the European Communities of 7 August 1 976 (3) a notice of the initiation of an enquiry Whereas, as a result of this, the imports concerned concerning imports of bicycle chains originating in have been able to acquire a market share, which, Taiwan (4), based in particular on Regulation (EEC) according to the information which the Commission No 459/68 ; has available, is almost 1 5 % on average in the Whereas during the subsequent examination of the Community, and 30 % in some of the markets more matter in collaboration with the Member States, the particularly affected ; Commission endeavoured to compare the Taiwanese export prices to the Community with , on the one Whereas this development has taken place to the detri­ hand, prices on the Taiwanese home market, in so far ment of the Community industry, where production as it had received conclusive data, and , on the other has decreased by approximately 30 % from 1974 to hand, allowance being made for the particular situa­ 1975, resulting in redundancies, redeployment and tion of the Taiwanese market for the products short-time working for the personnel concerned ; concerned, with the costs of production in Taiwan , plus a reasonable amount for administration , selling and any other costs, and for profits ; Whereas there are , therefore, adequate elements of proof to show that, due allowance having been made Whereas these comparisons have been made at the for the other factors having a bearing on the situation ex-factory level and in respect of dates as nearly as of this industry, as for example, the very considerable possible at the same time, and allowance having been decrease of Community exports and the pressure made for the differences affecting the comparability of being exercised by imports of other origin, the these prices and costs ; dumped imports are causing or threatening to cause material injury to the Community industry ; Whereas this preliminary examination of the matter shows Taiwanese exports are effected at dumping Whereas, in these circumstances, and having regard in (>) OJ No L 93 , 17 . 4 . 1968 , p . 1 . particular to the increase in the rate of growth of (-) OJ No L 206, 27 . 7 . 1973 , p . 3 . exports to the Community of cycle chains from (J ) OJ No C 183 , 7 . 8 . 1976, p . 4 . (4 ) Common Customs Tariff heading No ex 73.29 ; Nimexe Taiwan , the interests of the Community call for code ex 73.29-1 1 . immediate intervention ;

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No L 312/42 Official Journal of the European Communities 13. 11 . 76

Whereas, as a result, a provisional anti-dumping duty ex 73.29 and corresponding to Nimexe Code No of 1 5 % should accordingly be imposed on imports of 73.29-11 , originating in Taiwan, with the exception of the products in question originating in Taiwan ; those whose price cif free at Community frontier, not customs cleared, is equal to, or higher than, 1 -39 units Whereas, for administrative reasons, the basis of assess­ of account per kilogramme, is hereby imposed. ment for this provisional duty should correspond to the definition of the Nimexe nomenclature, that is, in Article 2 this case, to Code No 73.29-11 which covets cycle and motorcycle chains ; The entry of the products described in Article 1 for Whereas imports effected at prices equal to, or higher Community consumption shall be conditional upon than, 1 -39 units of account per kilogramme should be the deposit of security for the amount of the provi­ excluded from the application of this provisional duty, sional duty. that is, in practice, exports of cycle chains effected at prices which may be considered as normal, and also Article 3 imports of motorcycle chains at prices which are normally higher, This Regulation shall enter into force on the 10th day following its publication in the Official Journal of the European Communities. HAS ADOPTED THIS REGULATION : Without prejudice to the provisions of Articles 16 and Article 1 18 of Regulation (EEC) No 459/68 it shall apply until the entry into force of an Act of the Council setting A provisional anti-dumping duty of 1 5 % on articu­ out either the adoption of definitive measures or the lated link roller chains for cycles and motor cycles, extension of the provisional duty and for a maximum falling within Common Customs Tariff heading No period of three months.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 12 November 1976 .

For the Commission Finn GUNDELACH Member of the Commission