31979R0322

No L 44/8 21 . 2 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 322/79 of 16 February 1979 imposing a provisional anti-dumping duty on a certain herbicide originating in Romania

THE COMMISSION OF THE EUROPEAN able, a like product of a market economy country, in COMMUNITIES, this instance the United States of America, is sold for consumption on the domestic market of that country ; Having regard to the Treaty establishing the European Economic Community, Whereas these calculations were made at ex-factory Having regard to Council Regulation (EEC) No level, and in respect of sales made as nearly as 459/68 of 5 April 1968 on protection against possible at the same time, due allowance having been dumping or the granting of bounties or subsidies by made, on their merits, for transport and ancillary countries which are not members of the European costs, packaging, duties and taxation and for other Economic Comunity (1 ), as last amended by Regula­ factors affecting price comparability ; tion (EEC) No 1411 /77 (2), and in particular Article 15 thereof, Whereas this preliminary examination of the matter shows that dumping has taken place, the margin of After hearing the opinions expressed in the Advisory which exceeds 40 % in markets principally con­ Committee set up under the said Regulation, cerned ; Whereas the Commission has received a complaint submitted in the name of the Community industry Whereas, with regard to injury to the industry producing DNBP technical (Dinoseb) setting out concerned, the evidence available to the Commission evidence as to the existence of dumping of the like shows that imports into the Community of DNBP product originating in Romania as well as material technical originating in Romania began in 1978 only injury resulting therefrom ; and by the end of that year had reached a level of approximately 350 to 400 tonnes ; Whereas, since the information received indicated that the complaint was admissible and that defensive Whereas the imports concerned represent a market measures against dumping might be necessary, the share in the Community of approximately 40 % and Commission officially notified the importers and in the two main countries of importation 49 % and exporters known to be concerned, published in the 68 % respectively ; Official Journal of the European Communities of 29 December 1978 a notice of the initiation of an anti­ Whereas the prices of these imports on the Commu­ dumping procedure concerning imports of a certain nity markets have been extremely low, thus exercising herbicide originating in Romania (3) and commenced a depressive effect on the Community producers' an examination of the facts ; prices ; Whereas the Commission gave interested parties the opportunity to make known their views in writing ; Whereas this development has taken place to the detri­ ment of the Community industry and therefore placed Whereas the Commission gave to parties directly it in an extremely difficult situation, characterized by concerned the opportunity orally to develop their sales at prices far below the European costs of produc­ views and to meet and to present opposing views and tion, by a decline in production of approximately rebuttal arguments ; 60 % , by a significant loss of sales and market share, Whereas when determining dumping on the above­ by almost complete absence of new orders for 1979 , mentioned imports, the Commission had to take and by the imminent loss of jobs ; account of the fact that in Romania trade is on a basis of near or total monopoly and that prices are fixed by Whereas there is, therefore, sufficient evidence to the State and that, therefore, a comparison between show that, due consideration having been given to the the export price of the product to the Community other factors having a bearing on the situation of this and its domestic price is not appropriate ; industry, as, for example, the decline of exports to countries outside the Community, the dumped Whereas, for these reasons, the Commission has imports are causing and threatening to cause material decided to base its dumping calculations on the prices injury to the Community industry ; at which, according to information at present avail­

Whereas, for these reasons and given the seasonal (>) OJ No L 93, 17. 4. 1968, p. 1 . (2 ) OJ No L 160, 30 . 6. 1977, p. 4. nature of sales of the product concerned, a Member (3) OJ No C 311 , 29 . 12. 1978, p. 2. State requested the Commission, on 9 February 1979 ,

21 . 2 . 79 No L 44/9 Official Journal of the European Communities

to take provisional measures immediately in accor­ 2. The said duty shall be at a rate of 40 % on the dance with Article 15 ( 1 ) (c) of Regulation (EEC) No basis of the value declared in conformity with 459/68 ; Commission Regulation (EEC) No 375/69 of 27 February 1969 (') on the declaration of particulars Whereas, in these circumstances, the interests of the relating to the value of goods for customs purposes. Community call for immediate intervention against imports of DNBP technical originating in Romania, consisting in the imposition of a provisional anti­ Article 2 dumping duty the rate of which, having regard to the extent of injury caused, should approximate to the The entry of the products described in Article 1 into dumping margins provisionally established, free circulation shall be conditional upon the deposit of security for the amount of the provisional duty.

HAS ADOPTED THIS REGULATION : Article 3 A rticle 1 This Regulation shall enter into force on the day of its 1 . A provisional anti-dumping duty is hereby publication in the Official Journal of the European imposed on DNBP technical (Dinoseb) falling within Communities. Common Customs Tariff subheading ex 29.07 C III or ex 38.11 D and corresponding to NIMEXE codes Without prejudice to the provisions of Articles 1 6 and ex 29.07-59 or ex 38.11-50, 70, originating in 18 of Regulation (EEC) No 459/68 , it shall apply until Romania and exported by Chimimportexport, the entry into force of an Act of the Council either Bucharest. The provisions in force for the application adopting definitive measures or extending the provi­ of customs duties shall apply for the application of sional duty, and in any event for a maximum period this duty. of three months .

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

Done at Brussels, 16 February 1979 .

For the Commission Wilhelm HAFERKAMP Vice-President

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