31978R0511

11 . 3 . 78 No L 69 /9 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 511 /78

of 7 March 1978

imposing a provisional anti-dumping duty on kraft liner paper and board origi­ nating in the United States of America

THE COMMISSION OF THE EUROPEAN Whereas, in order to examine the existence of COMMUNITIES, dumping, the Commission compared the export prices to the Community with those prevailing on the domestic markets concerned ; Having regard to the Treaty establishing the European Economic Community,

Whereas these comparisons were made at the ex­ Having regard to Council Regulation (EEC) No factory level, and in respect of sales made at the same 459/68 of 5 April 1968 on protection against time, due allowance having been made, on their dumping or the granting of bounties or subsidies by merits, for differences in transport and ancillary costs, countries which are not members of the European in the conditions and terms of sale, in duties and taxa­ Economic Community (1), as last amended by Regula­ tion and for other differences affecting price compara­ tion (EEC) No 1411 /77 (2), and in particular Article 15 bility ; thereof,

After hearing the opinions expressed in the Advisory Whereas this- preliminary examination of the matter Committee set up under the said Regulation, shows that dumping has taken place, the margin of which varies considerably depending on the exporting Whereas the Commission has received a complaint firm, the country of importation and the date of the submitted in the name of the Community linerboard transaction : industry setting out evidence as to the existence of dumping of like products originating in various coun­ tries as well as material injury resulting therefrom ; Whereas, with regard to injury to the industry concerned, the evidence available to the Commission Whereas, since the information received indicated shows that imports into the Community of kraft liner that the complaint was admissible and that defensive originating in the countries in question have increased measures against dumping might be necessary, the from a level of approximately 1-1 million tonnes in Commission officially notified the representatives of 1975 to 1-6 million tonnes in 1977 : the exporting countries and the importers and expor­ ters known to be concerned, published in the Official Journal of the European Communities of 17 December 1977 and 3 March 1978 notices of the initi­ Whereas the imports concerned represent a market ation of enquiries concerning imports of kraft liner share in the Community of 70 % in 1975 and 80 % originating in the USA (3), and Sweden, Finland, in 1977 and consequently have a very considerable Austria, Portugal and Canada (4) and commenced an influence on the market ; examination of the facts for all the abovementioned countries, with the exception of Canada, in respect of which an examination will take place in the immed­ iate future ; Whereas the prices of these imports on the Commu­ nity market have fallen considerably, particularly in recent months, thus exercising a depressive effect on Whereas the Commission gave interested parties the the Community producers' prices ; opportunity to make known their views in writing ;

Whereas the Commission heard interested parties and Whereas this development has taken place to the detri­ gave to parties directly concerned the opportunity ment of the Community industry which is in a diffi­ orally to develop their views and to meet and to cult situation, characterized by large unsold stocks, the present opposing views and rebuttal arguments ; complete cessation of production in one area of the Community with consequent loss of jobs, short-time (») OJ No L 93, 17. 4. 1968, p. 1 . working for the personnel of the enterprises (2) Of No L 160, 30. 6. 1977, p. 4. (3) OJ No C 304, 17. 12. 1977, p. 3 . concerned, and by a reduction in profits or the appear­ (4) OJ No C 54, 3 . 3 . 1978, p. 2. ance of heavy losses ;

I No L 69/ 10 Official Journal of the European Communities 11 . 3 . 78

Whereas there is, therefore, sufficient evidence to and corresponding to NIMEXE codes 48.01-15, 21 , 27 show that, due consideration having been given to the and 31 , originating in the United States of America. other factors having a bearing on the situation of this The provisions in force for the application of customs industry, as, for example, the rather limited imports duties shall apply for the application of this duty. from other sources and competition from substitutable 2. The amount of such duty shall correspond to the products, the dumped imports are causing and threat­ difference between the fair market value as set out ening to cause material injury to the Community below and the value declared, per tonne net, in accor­ industry ; dance with Commission Regulation (EEC) No 375/69 Whereas, for these reasons, a Member State requested of 27 February 1969 on the declaration of particulars the Commission, during the meeting of the Advisory relating to the value of goods for customs purposes ( ! ).

Committee on 27 February 1978 , to take provisional For the purpose of this Regulation the fair market measures immediately in accordance with Article 15 values in the United States of America brought up to ( 1 ) (c) of Regulation (EEC) No 459/68 ; a cif Community frontier basis, duty unpaid, are as follows : Whereas in the meantime the Swedish, Finnish, Austrian and Portuguese exporters gave voluntary per tonne undertakings to revise their prices to levels which are weight 175 grams or more per considered satisfactory ; whereas those undertakings square metre : US$ 255 have been accepted by the Commission which, as a weight 150 grams or more and consequence, has decided to terminate the procedures less than 175 grams per square in question ; metre : US$ 265 Whereas, in these circumstances, the interests of the weight less than 150 grams per Community call for immediate intervention against square metre : US$ 275 imports of kraft liner originating in the United States of America, consisting in the imposition of a provi­ Article 2 sional anti-dumping duty ; The entry of the products described in Article 1 into Whereas, in order to ensure equitable treatment of free circulation shall be conditional upon the deposit imports at different prices, the amount of the duty of security for the amount of the provisional duty. should be the difference between the declared value of the goods and their fair market value in the United Article 3 States of America brought up to a cif Community fron­ tier basis, This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. HAS ADOPTED THIS REGULATION : Without prejudice to the provisions of Article 16 and 18 of Regulation (EEC) No 459/68 , it shall apply until Article 1 the entry into force of an Act of the Council either 1 . A provisional anti-dumping duty is hereby adopting definitive measures or extending the provi­ imposed on kraft liner paper and board, falling within sional duty, and in any event for a maximum period Common Customs Tariff subheading ex 48.01 C II of three months .

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

Done at Brussels, 7 March 1978 .

For the Commission

Étienne DAVIGNON

Member of the Commission

(!) OJ No L 52, 3 . 3 . 1969, p. 1 .