31977R0261

No L 34/60 Official Journal of the European Communities 5 . 2 . 77

COMMISSION REGULATION ( EEC) No 261 / 77

of 4 February 1977

imposing a provisional anti-dumping duty on ball bearings, tapered roller bear­ ings and parts thereof originating in Japan

THE COMMISSION OF THE EUROPEAN Whereas, because of the association between the Japa­ COMMUNITIES, nese exporters and the majority of the importers in Europe, the export prices were constructed on the Having regard to the Treaty establishing the European basis of the prices at which the imported products are Economic Community, first resold to an independent buyer, allowance being made for costs and profits between importation and Having regard to Council Regulation (EEC) No resale ; 459/68 of 5 April 1968 on protection against dumping or the granting of bounties or subsidies by Whereas these comparisons were made at the ex-fac­ countries which are not members of the European tory level , and in respect of sales made during a Economic Community ( J ), as amended by Regulation period which was generally the first half on 1976, due (EEC) No 20 11 /73 (2), and in particular Article 15 thereof, allowance having been made, on their merits, for differences affecting price comparability ; Having regard to the opinion of the Advisory Committee set up under the said Regulation, Whereas this preliminary examination of the matter shows that dumping has taken place, the margin of Whereas the Commission has received a complaint which varies considerably from one transaction to submitted in the name of the Community roller another and in several cases exceeds 30 % ; bearing industry setting out evidence as to the exist­ ence of dumping of like products originating in Whereas, with regard to injury to the industry Japan, as well as material injury resulting therefrom ; concerned, the evidence available to the Commission Whereas, since the information received indicated shows that imports into the Community of the that the complaint was admissible and that defensive products concerned originating in Japan have consid­ measures against dumping might be necessary, the erably increased, since , from a level of approximately Commission officially notified the representatives of 5 500 tonnes in 1968 they increased to 15 600 tonnes the exporting country and the importers and exporters in 1974 and 19 000 tonnes in 1975, this increase known to be concerned, published in the Official having continued in 1976 in most of the regions prin­ Journal of the European Communities of 13 cipally concerned ; November 1976 a notice of the initiation of an enquiry concerning imports of ball bearings, tapered Whereas, moreover, these products are offered for sale roller bearings and parts thereof originating in on the Community market at prices which very often Japan (3) and commenced and examination of the undercut the prices prevailing among Community facts in collaboration with the Member States ; producers of like products, and exercise a depressive effect on them ; Whereas the Commission gave interested parties the opportunity to make known their views in writing ; Whereas, as a result of this, the imports concerned Whereas the Commission heard the interested parties have been able to acquire an average market share in and gave to the parties directly concerned the opportu­ the markets most particularly affected , that is, in nity orally to develop their views and to meet and to Germany, France and the United Kingdom, of 15% present opposing views and rebuttal arguments ; for ball bearings and of 5 % for tapered roller bear­ ings ; whereas the market share is considerably higher Whereas, in order to examine the existence of in one of the markets, where it represents 22 and 8 % dumping, the Commission compared the export respectively ; prices to the Community with those effectively prevailing on the Japanese market ; whereas, because Whereas this development has taken place to the detri­ of the multiplicity of types of the product concerned , ment of the Community industry which is in a diffi­ this comparison was carried out for a certain number cult situation , characterized by a reduction of 10 % in of types representative of the price-structure of the production from 1974 to the first half of 1976 in the products concerned ; regions most affected, where the major part of the Community industry is established by redundancies (') OJ No L 93 , 17 . 4. 1968 , p. 1 . (-) OJ No L 206, 27 . 7 . 1973 , p. 3 . and short-time working for the personnel of the enter­ (J) OJ No C 268 , 13 . 11 . 1976, p. 2 . prises concerned, and by a reduction in profits or the

5 . 2 . 77 Official Journal of the European Communities No L 34/61

appearance of losses for several of the firms con­ Common Customs Tariff heading No ex 84.62 and cerned ; originating in Japan , on the basis of the value declared in conformity with Regulation (EEC) No Whereas there is, therefore , sufficient evidence to 375/69 ( i ) : show that, due consideration having been given to the other factors having a bearing on the situation of this — ball bearings : NIMEXE code 84.62-11 , industry, as for example, the very considerable — tapered roller bearings : NIMEXE code 84.62-17, decrease in Community exports, the dumped imports — parts of ball bearings : NIMEXE codes ex 84.62-29 are causing material injury to the Community and ex 84.62-33 , industry ; — parts of tapered roller bearings : NIMEXE codes Whereas, for these reasons , several Member States 84.62-27 and ex 84.62-33 . requested the Commission, during the meeting of the Advisory Committee on 28 January 1977, to take 2. However, the rate of the said duty, shall be fixed provisional measures immediately in accordance with at 10 % with regard to products manufactured and Article 15 ( 1 ) (c) of Regulation (EEC) No 459/68 ; exported by :

Whereas, in the circumstances, the interests of the — Nachi-Fujikoshi Corporation, Japan, Community call for immediate intervention , — Koyo Seiko Company Limited, Japan . consisting in the imposition of a provisional anti­ dumping duty on imports of the products in question of Japanese origin ; Article 2

Whereas, for administrative reasons, it is not possible The entry of the products described in Article 1 into to fix different rates of duty for various types of bear­ free circulation shall be conditional upon the deposit ings ; whereas, consequently, it is necessary to fix a of security for the amount of the provisional duty. single rate for all the products ;

Whereas, however, with regard to the margins of Article 3 dumping provisionally determined for two of the exporting firms, it is appropriate to provide for a lower This Regulation shall enter into force on the day of its rate for products manufactured and exported by the said two firms, publication in the Official Journal of the European Communities.

HAS ADOPTED THIS REGULATION : Without prejudice to the provisions of Articles 16 and 18 of Regulation (EEC) No 459/68 , it shall apply until the entry into force of an Act of the Council either Article 1 adopting definitive measures or extending the provi­ 1 . A provisional anti-dumping duty of 20 % is sional duty, and in any event for a maximum period hereby imposed on the following goods, falling within of three months .

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

Done at Brussels, 4 February 1977.

For the Commission

Wilhelm HAFERKAMP

Vice-President

(•) OJ No L 52, 3 . 3 . 1969, p. 1 .