****

( 1 ) OJ NO L 114 , 5 . 5 . 1977 , P . 6 .

( 2 ) OJ NO L 352 , 31 . 12 . 1977 , P . 13 .

( 3 ) OJ NO L 21 , 30 . 1 . 1979 , P . 14 .

( 4 ) SEE COMMISSION PUBLICATION OF 31 DECEMBER 1977 CONCERNING THE BASIC PRICE OF CERTAIN STEEL PRODUCTS ( OJ NO L 353 , 31 . 12 . 1977 , P . 1 ), AS AMENDED BY PUBLICATIONS OF 1 APRIL 1978 ( OJ NO L 87 , 1 . 4 . 1978 , P . 4 ), 13 MAY 1978 ( OJ NO L 126 , 13 . 5 . 1978 , P . 5 ), 5 JULY 1978 ( OJ NO L 183 , 5 . 7 . 1978 , P . 3 ) AND 30 DECEMBER 1978 ( OJ NO L 372 , 30 . 12 . 1978 , P . 2 ).

( 5 ) OJ NO C 311 , 29 . 12 . 1978 , P . 4 .

( 6 ) OJ NO C 19 , 24 . 1 . 1979 , P . 10 .

COMMISSION RECOMMENDATION NO 496/79/ECSC

OF 13 MARCH 1979

IMPOSING A PROVISIONAL ANTI-DUMPING DUTY ON IRON OR STEEL COILS FOR RE-ROLLING ORIGINATING IN GREECE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 74 AND 86 THEREOF ,

HAVING REGARD TO COMMISSION RECOMMENDATION 77/329/ECSC ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY ( 1 ), AS AMENDED BY RECOMMENDATIONS NO 3004/77/ECSC ( 2 ) AND NO 158/79/ECSC ( 3 ), AND IN PARTICULAR ARTICLES 15 AND 19 THEREOF ,

HAVING HEARD THE OPINIONS EXPRESSED WITHIN THE ADVISORY COMMITTEE PROVIDED FOR BY RECOMMENDATION 77/329/EESC ,

WHEREAS THE COMMUNITY HAS PUBLISHED BASIC PRICES ( 4 ) ESTABLISHED ON THE BASIS OF THE LOWEST NORMAL PRICES OR NORMAL COSTS OF PRODUCTION IN THE SUPPLYING COUNTRY OR COUNTRIES WHERE NORMAL CONDITIONS OF COMPETITION PREVAIL AND INCLUDING THE COSTS OF TRANSPORT , INSURANCE AND CUSTOMS DUTIES ;

WHEREAS COMMUNITY PRODUCERS HAVE REFERRED A COMPLAINT TO THE COMMISSION WHO , HAVING ASCERTAINED THAT THERE WAS UNDERCUTTING OF THESE BASIC PRICES ON THE PART OF EXPORTERS FROM GREECE AND FROM OTHER SUPPLYING COUNTRIES OF THE PRODUCTS MENTIONED IN ARTICLE 1 OF THIS RECOMMENDATION FROM WHICH MATERIAL INJURY HAS RESULTED , HAS OPENED ANTI-DUMPING PROCEDURES CONCERNING THE PRODUCTS IN QUESTION ORIGINATING IN GREECE ( 5 ) AND THE PRINCIPAL SUPPLYING COUNTRIES ( 6 );

WHEREAS THE PRINCIPAL SUPPLIERS OTHER THAN THOSE OF GREEK ORIGIN HAVE EITHER CONCLUDED ARRANGEMENTS WITH THE COMMUNITY WITH RESPECT TO TRADE IN STEEL PRODUCTS , OR HAVE BEEN SUBJECTED TO THE IMPOSITION OF ANTI-DUMPING DUTIES ;

WHEREAS , THE COMMISSION HAS ASCERTAINED THAT THE PRICES OF IMPORTS INTO THE COMMUNITY OF PRODUCTS IN QUESTION ORIGINATING IN GREECE ARE BELOW THE BASIC PRICES PUBLISHED BY THE COMMISSION FOR THESE SAME PRODUCTS ; WHEREAS IT THUS APPEARS FROM A PRELIMINARY EXAMINATION THAT DUMPING EXISTS ;

WHEREAS , WITH REGARD TO THE INJURY TO THE INDUSTRY CONCERNED , THE EVIDENCE SUBMITTED TO THE COMMISSION SHOWS THAT , ON THE ONE HAND , THE IMPORTS INTO THE COMMUNITY OF THE PRODUCTS IN QUESTION HAVE INCREASED OVERALL FROM 1 180 000 TONNES IN 1974 TO 772 000 TONNES IN THE FIRST HALF OF 1978 , WHILE THE IMPORTS ORIGINATING IN GREECE , JAPAN , AUSTRIA , AUSTRALIA , BULGARIA , SOUTH AFRICA , SOUTH KOREA , CZECHOSLOVAKIA , HUNGARY , ROMANIA , POLAND AND FINLAND HAVE DECREASED FROM APPROXIMATELY 882 000 TO 582 000 TONNES DURING THE SAME PERIOD ; WHEREAS OVERALL IMPORTS INTO THE COMMUNITY HAVE THUS ACHIEVED A MARKET SHARE OF 12 % AND THE IMPORTS ORIGINATING IN GREECE AND THE OTHER ABOVEMENTIONED COUNTRIES A MARKET SHARE OF 9 % ; WHEREAS THE PENETRATION OF THE COMMUNITY MARKET BY GREEK IMPORTS HAS SHARPLY INCREASED ; WHEREAS , AS REGARDS ITALY , WHOSE PRODUCTION REPRESENTS A MAJOR PROPORTION OF COMMUNITY PRODUCTION , IT HAS INCREASED FROM 0.2 % IN 1974 TO APPROXIMATELY 4.5 % IN 1978 ; WHEREAS , ON THE OTHER HAND , THE COMMUNITY STEEL INDUSTRY IS IN A STATE OF CRISIS CHARACTERIZED BY THE NUMBER OF EMPLOYEES AFFECTED BY REDUNDANCIES AND SHORT-TIME WORKING IN THE FIRMS CONCERNED WHICH HAS INCREASED TO 780 000 FROM 675 000 BETWEEN 1974 AND 1978 AND , FINALLY , THE STEEL INDUSTRY SHOWED REDUCED PROFITS OR SERIOUS LOSSES IN MOST OF THE FIRMS CONCERNED ;

WHEREAS , THE PRICES OF IMPORTS INTO THE COMMUNITY OF PRODUCTS WHICH ORIGINATE IN GREECE ARE CONSIDERABLY LOWER THAN THE MINIMUM PRICES INTRODUCED BY THE COMMISSION FOR SALES WITHIN THE COMMUNITY OF THESE STEEL PRODUCTS MADE BY THE EUROPEAN INDUSTRY ; WHEREAS THIS UNDERCUTTING PREVENTS THE EUROPEAN PRODUCERS FROM OBTAINING THE GUIDANCE PRICE AND JEOPARDIZES THE EQUILIBRIUM OF THE WHOLE PRICE-SYSTEM , BOTH IN SO FAR AS IT CONCERNS THE EUROPEAN PRODUCERS AND THE PRODUCERS IN THOSE OTHER SUPPLYING COUNTRIES WHICH HAVE RENEWED THE ARRANGEMENTS WITH RESPECT TO TRADE IN STEEL PRODUCTS ; WHEREAS CONSEQUENTLY THESE IMPORTS ARE CAUSING OR THREATEN TO CAUSE A NEW MATERIAL INJURY TO THE COMMUNITY INDUSTRY OR TO A MAJOR PART THEREOF ;

WHEREAS IMMEDIATE ACTION HAS BEEN REQUESTED BY A MEMBER STATE ;

WHEREAS , IN THE SERIOUS CONDITIONS BEING EXPERIENCED BY THE COMMUNITY IRON AND STEEL INDUSTRY , THE INTERESTS OF THE COMMUNITY REQUIRE IMMEDIATE ACTION ;

WHEREAS IT IS FOR THE COMMISSION , WITHOUT PREJUDICE TO THE RESULTS OF THE INVESTIGATION OPENED IN ACCORDANCE WITH ARTICLE 11 OF RECOMMENDATION 77/329/ECSC , TO DECIDE PROMPTLY TO APPLY PROVISIONAL MEASURES CONSISTING OF THE IMPOSITION OF A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF THE PRODUCTS CONCERNED ORIGINATING IN GREECE , THE RATE OF WHICH CORRESPONDS TO THE DIFFERENCE BETWEEN THE BASIC PRICE PUBLISHED BY THE COMMISSION FOR THESE PRODUCTS AND THEIR IMPORT PRICE INTO THE COMMUNITY ,

HAS ADOPTED THIS RECOMMENDATION :

ARTICLE 1

1 . A PROVISIONAL ANTI-DUMPING DUTY IS HEREBY IMPOSED ON THE FOLLOWING PRODUCTS ORIGINATING IN GREECE :

- IRON OR STEEL OILS FOR RE-ROLLING ,

- COMMON CUSTOMS TARIFF HEADING NO 73.08 ,

- NIMEXE CODES 78.08-01 TO 49 .

2 . THE AMOUNT OF THIS DUTY SHALL BE THE AMOUNT BY WHICH THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) ESTABLISHED BY CONTRACT , FREE FRONTIER DUTY-PAID , IS LOWER THAN THE EFFECTIVE PRICE ( BASIC PRICE PLUS EXTRAS ) FOR THESE PRODUCTS MOST RECENTLY PUBLISHED BY THE COMMISSION AT THE TIME OF ITS ENTRY FOR CONSUMPTION WITHIN THE COMMUNITY .

3 . THE AMOUNT OF THIS DUTY SHALL , HOWEVER , BE REDUCED TO THE EXTENT THAT THE IMPORTER ESTABLISHES TO THE SATISFACTION OF THE COMPETENT NATIONAL AUTHORITIES THAT THE PRICE DIFFERENTIAL REFERRED TO IN PARAGRAPH 2 ABOVE IS DUE TO A DIMINUTION IN VALUE RESULTING FROM THE FACT THAT THE QUALITY OF THESE PRODUCTS IS INFERIOR TO THE LOWEST QUALITY DESCRIBED IN THE LAST PUBLICATION OF BASIC PRICES BY THE COMMISSION .

4 . THIS DUTY SHALL BE COLLECTED ON THE SAME BASIS AS CUSTOMS DUTIES .

ARTICLE 2

THE ENTRY OF THE PRODUCTS DESCRIBED IN ARTICLE 1 FOR CONSUMPTION WITHIN THE COMMUNITY SHALL BE CONDITIONAL UPON THE DEPOSIT OF A SECURITY FOR THE AMOUNT OF THE PROVISIONAL DUTY .

ARTICLE 3

THIS RECOMMENDATION IS ADDRESSED TO THE MEMBER STATES .

IT WILL COME INTO EFFECT IN EACH MEMBER STATE FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

DONE AT BRUSSELS , 13 MARCH 1979 .

FOR THE COMMISSION

ANTONIO GIOLITTI

MEMBER OF THE COMMISSION