Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community

Published date31 December 1979
Subject MatterDumping,Provisions under Article 235 EEC,Commercial policy
Official Gazette PublicationOfficial Journal of the European Communities, L 339, 31 December 1979
EUR-Lex - 31979R3017 - EN

Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community

Official Journal L 339 , 31/12/1979 P. 0001 - 0014
Greek special edition: Chapter 11 Volume 17 P. 0067


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COUNCIL REGULATION ( EEC ) NO 3017/79

OF 20 DECEMBER 1979

ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE REGULATIONS ESTABLISHING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND THE REGULATIONS ADOPTED UNDER ARTICLE 235 OF THE TREATY , APPLICABLE TO GOODS MANUFACTURED FROM AGRICULTURAL PRODUCTS , AND IN PARTICULAR THE PROVISIONS OF THOSE REGULATIONS WHICH ALLOW FOR DEROGATION FROM THE GENERAL PRINCIPLE THAT PROTECTIVE MEASURES AT FRONTIERS MAY BE REPLACED SOLELY BY THE MEASURES PROVIDED FOR IN THOSE REGULATIONS ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS BY REGULATION ( EEC ) NO 459/68 ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1681/79 ( 2 ) , THE COUNCIL ADOPTED COMMON RULES FOR PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ;

WHEREAS THESE RULES WERE ADOPTED IN ACCORDANCE WITH EXISTING INTERNATIONAL OBLIGATIONS , IN PARTICULAR THOSE ARISING FROM ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( HEREINAFTER REFERRED TO AS GATT ) AND FROM THE FIRST AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GATT ( 1968 ANTI-DUMPING CODE ) ;

WHEREAS THE MULTILATERAL TRADE NEGOTIATIONS CONCLUDED IN 1979 HAVE LED TO A NEW AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GATT ( 1979 ANTI-DUMPING CODE ) AND AN AGREEMENT ON INTERPRETATION AND APPLICATION OF ARTICLES VI , XVI AND XXIII OF THE GATT , WHICH CONCERN SUBSIDIES AND COUNTERVAILING MEASURES ;

WHEREAS IT IS THEREFORE APPROPRIATE TO AMEND THE COMMUNITY RULES IN THE LIGHT OF THE 1979 AGREEMENTS , IN PARTICULAR OF THEIR PROVISIONS RELATING TO SUBSIDIES AND POSSIBLE COUNTERMEASURES , TO THE DETERMINATION OF INJURY , ESPECIALLY THE CRITERIA TO BE APPLIED AND THE NEW RULES ON CAUSALITY AND REGIONAL PROTECTION , TO UNDERTAKINGS AND THEIR MONITORING , TO THE PERIOD OF VALIDITY OF PROVISIONAL DUTIES AND TO THE POSSIBLE RETROACTIVE APPLICATION OF ANTI-DUMPING AND COUNTERVAILING DUTIES ;

WHEREAS IN IMPLEMENTING THESE RULES IT IS ESSENTIAL , IN ORDER TO MAINTAIN THE BALANCE OF RIGHTS AND OBLIGATIONS WHICH THESE AGREEMENTS SOUGHT TO ESTABLISH , THAT THE COMMUNITY TAKE ACCOUNT OF THEIR INTERPRETATION BY THE COMMUNITY'S MAJOR TRADING PARTNERS , AS REFLECTED IN LEGISLATION OR ESTABLISHED PRACTICE ;

WHEREAS IT IS THEREFORE DESIRABLE THAT THE RULES FOR DETERMINING NORMAL VALUE SHOULD BE PRESENTED CLEARLY AND IN SUFFICIENT DETAIL ; WHEREAS IT SHOULD BE SPECIFICALLY PROVIDED THAT WHERE SALES ON THE DOMESTIC MARKET OF THE COUNTRY OF EXPORT OR ORIGIN DO NOT FOR ANY REASON FORM A PROPER BASIS FOR DETERMINING THE EXISTENCE OF DUMPING , RECOURSE MAY BE HAD TO A CONSTRUCTED NORMAL VALUE ; WHEREAS IT IS APPROPRIATE TO GIVE EXAMPLES OF SITUATIONS WHICH MAY BE CONSIDERED AS NOT REPRESENTING THE ORDINARY COURSE OF TRADE , IN PARTICULAR WHERE A PRODUCT IS SOLD AT PRICES WHICH ARE LESS THAN THE COSTS OF PRODUCTION , OR WHERE TRANSACTIONS TAKE PLACE BETWEEN PARTIES WHICH ARE ASSOCIATED OR WHICH HAVE A COMPENSATORY ARRANGEMENT ; WHEREAS IT IS APPROPRIATE TO LIST THE POSSIBLE METHODS OF DETERMINING NORMAL VALUE IN SUCH CIRCUMSTANCES ;

WHEREAS IT IS EXPEDIENT TO DEFINE THE EXPORT PRICE AND TO ENUMERATE THE NECESSARY ADJUSTMENTS TO BE MADE IN THOSE CASES WHERE RECONSTRUCTION OF THIS PRICE FROM THE FIRST OPEN-MARKET PRICE IS DEEMED APPROPRIATE ;

WHEREAS FOR THE PURPOSE OF ENSURING A FAIR COMPARISON BETWEEN EXPORT PRICE AND NORMAL VALUE , IT IS ADVISABLE TO ESTABLISH GUIDELINES FOR DETERMINING THE ADJUSTMENTS TO BE MADE IN RESPECT OF DIFFERENCES IN PHYSICAL CHARACTERISTICS , IN QUANTITIES , IN CONDITIONS AND TERMS OF SALE , AND IN THE LEVEL OF TRADE AND TO DRAW ATTENTION TO THE FACT THAT THE BURDEN OF PROOF FALLS ON ANY PERSON CLAIMING SUCH ADJUSTMENTS ;

WHEREAS THE TERM " DUMPING MARGIN " SHOULD BE CLEARLY DEFINED AND THE COMMUNITY'S ESTABLISHED PRACTICE FOR METHODS OF CALCULATION WHERE PRICES OR MARGINS VARY CODIFIED ;

WHEREAS IT SEEMS ADVISABLE TO LAY DOWN IN ADEQUATE DETAIL THE MANNER IN WHICH THE AMOUNT OF ANY SUBSIDY IS TO BE DETERMINED ;

WHEREAS IT SEEMS APPROPRIATE TO SET OUT CERTAIN FACTORS WHICH MAY BE RELEVANT FOR THE DETERMINATION OF INJURY ;

WHEREAS IT IS NECESSARY TO LAY DOWN THE PROCEDURES FOR ANYONE ACTING ON BEHALF OF A COMMUNITY INDUSTRY WHICH CONSIDERS ITSELF INJURED OR THREATENED BY DUMPED OR SUBSIDIZED IMPORTS TO LODGE A COMPLAINT ; WHEREAS IT SEEMS APPROPRIATE TO MAKE IT CLEAR THAT IN THE CASE OF WITHDRAWAL OF A COMPLAINT , PROCEEDINGS MAY , BUT NEED NOT NECESSARILY , BE TERMINATED ;

WHEREAS THERE SHOULD BE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION BOTH AS REGARDS INFORMATION ABOUT THE EXISTENCE OF DUMPING OR SUBSIDIZATION AND INJURY RESULTING THEREFROM , AND AS REGARDS THE SUBSEQUENT EXAMINATION OF THE MATTER AT COMMUNITY LEVEL ; WHEREAS , TO THIS END , CONSULTATIONS SHOULD TAKE PLACE WITHIN AN ADVISORY COMMITTEE ;

WHEREAS IT IS APPROPRIATE TO LAY DOWN CLEARLY THE RULES OF PROCEDURE TO BE FOLLOWED DURING THE INVESTIGATION , IN PARTICULAR THE RIGHTS AND OBLIGATIONS OF THE COMMUNITY AUTHORITIES AND THE PARTIES INVOLVED , AND THE CONDITIONS UNDER WHICH INTERESTED PARTIES MAY HAVE ACCESS TO INFORMATION AND MAY ASK TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT IS INTENDED TO RECOMMEND DEFINITIVE MEASURES ;

WHEREAS IT IS NECESSARY THAT THE COMMUNITY'S DECISIONMAKING PROCESS PERMIT RAPID AND EFFICIENT ACTION , IN PARTICULAR THROUGH MEASURES TAKEN BY THE COMMISSION , AS FOR INSTANCE THE IMPOSITION OF PROVISIONAL DUTIES ;

WHEREAS , IN ORDER TO DISCOURAGE DUMPING , IT IS APPROPRIATE TO PROVIDE , IN CASES WHERE THE FACTS AS FINALLY ESTABLISHED SHOW THAT THERE IS DUMPING AND INJURY , FOR THE POSSIBILITY OF DEFINITIVE COLLECTION OF PROVISIONAL DUTIES EVEN IF THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY IS NOT DECIDED ON , ON PARTICULAR GROUNDS ;

WHEREAS IT IS ESSENTIAL , IN ORDER TO ENSURE THAT ANTI-DUMPING AND COUNTERVAILING DUTIES ARE LEVIED IN A CORRECT AND UNIFORM MANNER , THAT COMMON RULES FOR THE APPLICATION OF SUCH DUTIES BE LAID DOWN ; WHEREAS , BY REASON OF THE NATURE OF THE SAID DUTIES , SUCH RULES MAY DIFFER FROM THE RULES FOR THE LEVYING OF NORMAL IMPORT DUTIES ;

WHEREAS IT IS APPROPRIATE TO PROVIDE FOR OPEN AND FAIR PROCEDURES FOR THE REVIEW OF MEASURES TAKEN , AND FOR THE INVESTIGATION TO BE REOPENED WHEN THE CIRCUMSTANCES SO REQUIRE ;

WHEREAS APPROPRIATE PROCEDURES SHOULD BE ESTABLISHED FOR EXAMINING APPLICATIONS FOR REFUNDS OF ANTI-DUMPING DUTIES ;

WHEREAS THIS REGULATION SHOULD NOT PREVENT THE ADOPTION OF SPECIAL MEASURES WHERE THIS DOES NOT RUN COUNTER TO THE COMMUNITY'S OBLIGATIONS UNDER THE GATT ;

WHEREAS AGRICULTURAL PRODUCTS AND PRODUCTS DERIVED THEREFROM MIGHT ALSO BE DUMPED OR SUBSIDIZED ; WHEREAS IT IS , THEREFORE , NECESSARY TO SUPPLEMENT THE IMPORT RULES GENERALLY APPLICABLE TO THESE PRODUCTS BY MAKING PROVISION FOR PROTECTIVE MEASURES AGAINST SUCH PRACTICES ;

WHEREAS IT IS APPROPRIATE TO TAKE ADVANTAGE OF THIS OCCASION TO PROCEED TO A GENERAL STREAMLINING , LINGUISTIC SIMPLIFICATION AND CONSOLIDATION OF THE RULES IN QUESTION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

APPLICABILITY

THIS REGULATION LAYS DOWN PROVISIONS FOR PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY .

ARTICLE 2

DUMPING

A . PRINCIPLE

1 . AN ANTI-DUMPING DUTY MAY BE APPLIED TO ANY DUMPED PRODUCT WHOSE ENTRY FOR CONSUMPTION IN THE COMMUNITY CAUSES INJURY .

2 . A PRODUCT SHALL BE CONSIDERED TO HAVE BEEN DUMPED IF ITS EXPORT PRICE TO THE COMMUNITY IS LESS THAN THE NORMAL VALUE OF THE LIKE PRODUCT .

B . NORMAL VALUE

3 . FOR THE PURPOSES OF THIS REGULATION , THE NORMAL VALUE SHALL BE :

( A ) THE COMPARABLE PRICE ACTUALLY PAID OR PAYABLE IN THE ORDINARY COURSE OF TRADE FOR THE LIKE PRODUCT INTENDED FOR CONSUMPTION IN THE EXPORTING COUNTRY OR COUNTRY OF ORIGIN ; OR

( B ) WHEN THERE ARE NO SALES OF THE LIKE PRODUCT IN THE ORDINARY COURSE OF TRADE ON THE DOMESTIC MARKET OF THE EXPORTING COUNTRY OR COUNTRY OF ORIGIN , OR WHEN SUCH SALES DO NOT PERMIT A PROPER COMPARISON :

( I ) THE COMPARABLE PRICE OF THE LIKE PRODUCT WHEN EXPORTED TO ANY THIRD COUNTRY , WHICH MAY BE THE HIGHEST SUCH EXPORT PRICE BUT SHOULD BE A REPRESENTATIVE PRICE , OR

( II ) THE CONSTRUCTED VALUE , I.E . THE COSTS IN THE ORDINARY COURSE OF TRADE , OF MATERIALS AND MANUFACTURE , IN THE COUNTRY OF ORIGIN , PLUS A REASONABLE MARGIN FOR OVERHEADS AND PROFIT ; AS A GENERAL RULE , AND PROVIDED THAT A PROFIT IS NORMALLY REALIZED ON SALES OF PRODUCTS OF THE SAME GENERAL CATEGORY ON THE DOMESTIC MARKET OF THE COUNTRY OF ORIGIN , THE ADDITION FOR PROFIT SHALL NOT EXCEED SUCH NORMAL PROFIT . IN OTHER CASES , THE ADDITION SHALL BE DETERMINED ON ANY REASONABLE BASIS , USING AVAILABLE INFORMATION .

4 . WHENEVER THERE ARE REASONABLE GROUNDS FOR BELIEVING OR SUSPECTING THAT THE PRICE AT WHICH A PRODUCT IS ACTUALLY SOLD FOR CONSUMPTION IN THE COUNTRY OF ORIGIN IS LESS THAN ALL COSTS , BOTH FIXED AND VARIABLE , ORDINARILY INCURRED IN ITS PRODUCTION , SALES AT SUCH PRICES MAY BE CONSIDERED AS NOT HAVING BEEN MADE IN THE ORDINARY COURSE OF TRADE IF THEY :

( A ) HAVE BEEN MADE OVER AN EXTENDED PERIOD OF TIME AND IN SUBSTANTIAL QUANTITIES ; AND

( B ) ARE NOT AT PRICES WHICH PERMIT RECOVERY OF ALL COSTS WITHIN A REASONABLE PERIOD OF TIME IN THE NORMAL COURSE OF TRADE .

IN SUCH...

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