31988R0014

6 . 1 . 88 Official Journal of the European Communities No L 3/5

COMMISSION REGULATION (EEC) No 14/88 of 23 December 1987 imposing a provisional anti-dumping duty on imports of roller chains for cycles originating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES, the China National Light Industrial Products Import and Export Corporation, Beijing, were being imported into the Federal Republic of Having regard to the Treaty establishing the European Germany at very low prices, suggesting that the Economic Community, price undertaking was being violated.

Having regard to Council Regulation (EEC) No 2176/84 The Commission studied the information of 23 July 1984 (') on protection against dumped or subsi­ dised imports from countries not members of the Euro­ submitted to it and granted the Chinese exporting pean Economic Community, as amended by Regulation company a hearing. (EEC) No 1761 /87 (2), and in particular Article 10 (6) thereof,

After consultations within the Advisory Committee esta­ B. Violation of the Undertaking blished by that Regulation ,

(5) The Commission initially checked the allegation Whereas : against the official statistics available.

The company did not dispute the statistics, but said A. Procedure it could not control the activities of its various subsidiaries in China. However, in offering the price undertaking accepted by the Commission, the ( 1 ) Following a complaint from the Fachverband Fahr­ rad- und Kraftradteile-lndustrie eV the Commis­ company promised to comply with a given deli­ sion published a notice in the Official Journal of vered price, free-at-Community frontier, not only on its own account but also through its subsidiaries, the European Communities (-') announcing the branches and agents. initiation of an anti-dumping proceeding concer­ ning imports into the Community of 1 /2" x 1 /8 " roller chain for cycles, corresponding to combined The company also argued that it could not be held nomenclature code ex 7315 11 10 (from 1 January responsible for resale of the goods to the Commu­ 1988), originating in the Soviet Union and the nity from other third countries, notably Hong People's Republic of China ; it then commenced Kong. The undertaking, however, included a investigations . promise that the necessary steps would be taken to see that it was not circumvented by means of resale (2) Following the investigation , which established the of the company's products from other countries. existence of dumping and injury (4), one Chinese The Commission has evidence that the exporter exporter, the China National Light Industrial invoiced consignments to the Community via Products Import and Export Corporation . Beijing, Hong Kong at prices lower than those stipulated in and the Soviet exporter offered price undertakings. the undertaking.

(3) The Chinese first undertook to raise its export (6) The company also violated the undertaking by prices by an amount sufficient to eliminate the failing to report to the Commission periodically injury caused by dumping (5). giving details of quantities exported to the Community, unit prices and total value. It said it (4) In July 1987 the Commission was informed that was unable to fulfil this obligation. . 1 /2" X 1 / 8 " roller chains for cycles originating in the People's Republic of China and produced by

(') OJ No L 201 , 30 . 7. 1984, p I. C. Reopening of proceeding (2) OJ No L 167, 26. 6 . 1987, p. 9 . O OJ No C 235, 5. 9 . 1984, p. 9 . (4) OJ No L 217, 14. 8 . 1985, p. 7 . Regulation (EEC) No 2317/ 85 , (7) The Commission considers that in the circum­ 12 August 1985 . stances the facts should be reviewed . It has there­ O OJ No L 40, 15. 2. 1986, p . 27 . Decision 86/33/EEC, 13 Fe­ bruary 1986 . fore reopened the investigation .

No L 3/6 Official Journal of the European Communities 6. 1 . 88

D. Provisional measures ponding to combined nomenclature code ex 7315 11 10, originating in the People's Republic of China and (8 ) In the light of the evidence available to it the produced by the China National Light Industrial Products Commission considers that exports from the China Import and Export Corporation , Beijing National Light Industrial Products Import and Export Corporation , Beijing, of 1 / 2 " x 1 / 8 " roller 2. The duty shall be equal to the amount by which the chains for eyelet originating in the People's Repu­ free-at-Community frontier net price per meter, before blic of China should be made subject to an anti­ duty, falls below 0,56 Ecu. dumping duty, and that it is in the interests of the The free-at-Community frontier prices shall be net prices Community to impose a provisional anti-dumping where the terms of sale are such that payment is to be duty forthwith on all imports of 1 / 2 " x 1 /8 " roller made within thirty days of the date of delivery. They shall chains originating in the People's Republic of China . be increased or reduced by 1 % for each month by which this period is shortened or lengthened.

3. The provisions in force concerning customs duties E Rate of duty shall apply. (9) In accordance with Article 10 (6) of Regulation No 4. The release for free circulation in the Community of 2176/84, the anti-dumping duty should be set, on the products referred to in paragraph 1 shall be subject to the basis of the facts established before acceptance payment of a security equivalent to the amount of the of the undertaking, at a rate equivalent to the provisional duty. amount by which the net price per metre, free-at­ Community frontier , before duty, falls below 0,56 Article 3 ECU, in conformity with Council Regulation (EEC) (') No 338 /86," Without prejudice to Article 7 (4) (b) and (c) of Regulation (EEC) No 2176/84, interested parties may make known their views in writing and apply to be heard by the HAS ADOPTED THIS REGULATION : Commission within one month of the entry into force of this Regulation . Art idt 1 Article 4 The undertaking accepted by Commission Decision 86/33/EEC (2) is hereby withdrawn . This Regulation shall enter into force on the day follo­ wing its publication in the Official Journal of the Euro­ Arlich 2 pean Communities. Subject to Articles 11 , 12 and 14 of Regulation (EEC) No 2176/84, it shall apply for four 1 . A provisional anti-dumpmg duty is hereby imposed months, unless the Council adopts definitive measures on imports of 1 /2 " x 1 / 8 " roller chains for cycles, corres­ before the expiry that period.

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

Done at Brussels . 23 December 1987 .

For the Commission

Willy DE CLERCQ Member of the Commission

(') OJ No L 40, 15 . 2. 1986, P . 25 . (2) OJ No L 40, 15. 2. I ^ 86 , P . 27 .