31978R1682

No L 193/ 14 18 . 7 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1682/78

of 17 July 1978

extending the provisional anti-dumping duty on ferrochromium originating in Sweden

THE COMMISSION OF THE EUROPEAN Swedish market for the exporter in question brought COMMUNITIES, up to a cif Community frontier basis, duty unpaid, is 36.05 US cents/lb, for 'charge chrome', 38.93 US Having regard to the Treaty establishing the European cents/lb, for high carbon ferrochromium and 62.23 Economic Community, US cents/lb for low carbon ferrochromium ; Having regard to Council Regulation (EEC) No 459/68 of 5 April 1968 on protection against Whereas the exports of the producer in question, even dumping or the granting of bounties or subsidies by if they had no major impact by themselves, when countries which are not members of the European taken in conjunction with other exports by South Economic Community (!), as last amended by Regula­ African and Swedish producers have contributed to tion (EEC) No 1411 /77 (2), and in particular Article 15 material injury as detailed in Regulation (EEC) No thereof, 1355/78 ; Whereas by Regulation (EEC) No 1355/78 (3) the Whereas, therefore, the interests of the Community Commission imposed a provisional anti-dumping and the principle of non-discrimination among expor­ duty on ferrochromium originating in the Republic of ters call for the extension of the provisional anti­ South Africa and Sweden ; dumping duty to ferrochromium manufactured by Whereas, however, the investigation relating to a Ferrolegeringar Trollhätteverken AB, Swedish exporter to the Community was not suffi­ ciently advanced to enable preliminary conclusions to be drawn ; whereas it was consequently decided to HAS ADOPTED THIS REGULATION : exclude this exporter from the application of this prov­ isional duty ; Article 1 Whereas, with a view to a preliminary determination of the dumping margin for the Swedish exporter in The provisional anti-dumping duty on ferrochromium question the Commission has in the meantime carried out an on-the-spot inspection at the exporter's originating in the Republic of South Africa and Sweden, imposed by Regulation (EEC) No 1355/78, is premises ; hereby extended to ferrochromium manufactured by Whereas during the investigation of the existence of Ferrolegeringar Trollhätteverken AB, Sweden . dumping the Commission has examined the sales of Consequently, Article 1 ( 1 ) of Regulation (EEC) No the company in question on the domestic market to 1355/78 shall be replaced by the following, all other determine whether or not these were made in the ordi­ provisions remaining unchanged : nary course of trade and/or whether the selling prices reflected a particular market situation. As a result of ' 1 . A provisional anti-dumping duty is hereby this examination the Commission came to the conclu­ imposed on ferrochromium, falling within sion that the domestic sales did not permit a valid Common Customs Tariff subheading 73.02 E I comparison of prices ; consequently recourse was had and corresponding to NIMEXE code 73.02-51 , to the criterion of cost of production ; originating in the Republic of South Africa and Sweden . The provisions in force for the applica­ Whereas such cost of production has been calculated tion of customs duties shall apply for the applica­ taking into consideration inter alia the following tion of this duty.' elements : raw materials (including the basic mineral which contains chrome oxide, bauxite, quartz and other materials for electrodes and fluxes), energy costs Article 2 (coke, electricity), labour costs including social costs, other operating costs (including maintenance costs This Regulation shall enter into force on the day and transport costs), interest paid, to which was added following its publication in the Official Journal of a reasonable amount for administration, selling and the European Communities. other costs and for profits ; Without prejudice to Article 18 of Regulation (EEC) Whereas these preliminary calculations have shown No 459/68, it shall apply until the entry into force of that the fair market price of ferrochromium on the an Act of the Council either adopting definitive measures or extending the provisional duty and in any ( i) OJ No L 93, 17. 4. 1968 , p. 1 . (2) OJ No L 160, 30. 6. 1977, p. 4. event until the expiry of a maximum period of three (3) OJ No L 165, 22. 6. 1978 , p. 20 . months beginning on 22 June 1978 .

18 . 7 . 78 Official Journal of the European Communities No L 193/ 15

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

Done at Brussels, 17 July 1978 .

For the Commission

Wilhelm HAFERKAMP

Vice-President