1996R0663 — EN — 17.12.1998 — 001.001 — 1
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►B COUNCIL REGULATION (EC)No 663/96
of 28 March 1996
imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5 /primedbl1microdisks)
originating in Malaysia, Mexico and the United States of America, and collecting definitively the
provisional duty imposed
(OJ L 92, 13.4.1996, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2537/1999 of 29 November 1999 L 307 1 2.12.1999
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COUNCIL REGULATION (EC)No 663/96
of 28 March 1996
imposing a definitive anti-dumping duty on imports of certain
magnetic disks (3,5 /primedbl1microdisks)originating in Malaysia, Mexico
and the United States of America, and collecting definitively the
provisional duty imposed
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EC) No 3283/94 of 22 December
1994 on protection against dumped imports from countries not membersof the European Community (
1), and in particular Article 9 thereof,
Havingreg ard to the proposal submitted by the Commission after
consultation within the Advisory Committee,
Whereas:
A.PROVISIONAL MEASURES
(1)The Commission, by Regulation (EC) No 2426/95 (2), hereinafter
referred to as ‘the provisional duty Regulation',imposed a provi-sional anti-dumpingduty on imports into the Community ofcertain magnetic disks (hereafter referred to as 3,5 /prime1microdisks)
originating in the United States, Mexico and Malaysia and fallingwithin CN code ex 8523 20 90.
B.SUBSEQUENT PROCEDURE
(2)Subsequent to the imposition of the provisional anti-dumping
duty, one cooperatingMalaysian producer and one companyproducingin both the United States and Mexico, which hadexplicitly informed the Commission of its intention not to partici-pate in the proceeding, were heard by the Commission. Bothparties also presented written submissions makingknown theirviews on the findings.
(3)On request, parties were informed of the essential facts andconsiderations on the basis of which it was intended to recom-mend the imposition of definitive duties and the definitive collec-tion of amounts secured by way of the provisional duty. Theywere also granted a reasonable period within which to makerepresentations subsequent to disclosure.
(4)Because of the volume and the complexity of the data examined,the investigation could not be concluded within the time limitprovided for in Article 6 (9) of Regulation (EC) No 3283/94,(hereinafter referred to as ‘the basic Regulation').
C.PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
(5)As no further arguments have been presented regarding the
product under consideration and the like product, the findings setout in recitals 8 to 12 of the provisional duty Regulation areconfirmed.
D.DUMPING
(6)For the purpose of the definitive findings, dumping was estab-
lished on the basis of the same methods used in the provisionaldetermination of dumping. The dumping margin calculationswere only modified to take account of clerical errors or technical
(1) OJ No L 349, 31. 12. 1994, p. 1. Regulation as last amended by Regula-
tion (EC) No 1251/95 (OJ No L 122, 2. 6. 1995, p. 1).
(2) OJ No L 249, 17. 10. 1995, p. 3.
1996R0663 — EN — 17.12.1998 — 001.001 — 3
▼B
amendments as no new facts and arguments on the methods were
presented by the parties.
(7)In the light of the foregoing, the findings set out in recitals 14 to20 of the provisional duty Regulation, with the appropriate modi-fications, are confirmed.
Dumping margins
(a)Cooperating producers
(8)As far as the cooperatingproducers in the United States and
Mexico are concerned, the findings in recital 21 of the provi-sional duty Regulation are confirmed.
(9)On the basis of technical modifications made to the calculationsof normal value and export price for one cooperatingproducer inMalaysia, the definitive dumpingmarg ins calculated by theCommission, expressed as a percentage of the free-at-Community-frontier price for each of the companies concernedare as follows:
— Mega High Tech: 31,8 %
— Diskcomp: 46,4 %
(b)Non-cooperating producers
(10)In the absence of comment, the findings in recitals 23 and 24 of
the provisional Regulation are confirmed.
E.COMMUNITY INDUSTRY
(11)No new arguments were presented with regard to the definition
of the Community industry. The findings set out in recitals 25 to28 of the provisional duty Regulation are, therefore, confirmed.
F.INJURY
1.Prices of the dumped imports
(12)The producer in the United States and Mexico referred to at
recital 2 objected to the use of Eurostat data as positive evidenceof price undercuttingfor non-cooperatingcompanies, on twogrounds. First, as its distribution system on the Communitymarket is similar to those of American and Mexican producerswhich cooperated, it claimed any undercuttingon its part wouldalso have been de minimis . Secondly, as the CN code within
which Eurostat data is collected for 3,5 /prime1microdisks is a ‘basket'
category covering more than the product concerned, it claimedjudgments on the basis of these figures are likely to be inaccu-rate.
These contentions cannot be accepted.In the light of this producer’s explicit decision not to participate
in the proceeding, its claim that price undercutting on its partwould also have been de minimis is unsupported by any evidence,
and consequently, amounts to no more than assertion.
As to the second objection, it is the standard practice of the
Community institutions to use Eurostat data as the best positiveevidence available of import volumes and prices in the absenceof more reliable indications from other sources. Further, themethodology employed by the Commission in this and the twoprior proceedings (see recital 7 of the provisional duty Regula-tion) to address the ‘basket'nature of the CN code in question hasbeen found to be reasonable and has not been criticized by theparties involved. In any event, the producer concerned hasprovided no evidence of whether, or to what extent, Eurostatfigures may be misleading, as far as the product in question isconcerned.
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Country Rate of duty (%) Taric additional code2.Other injury findings
(13)No new facts and arguments were received in connection with
cumulation, causality and the other injury findings. The findingsin recitals 30 to 45 of the provisional duty Regulation are there-fore confirmed.
G.COMMUNITY INTEREST
(14)No representations have been received in respect of the
Community interest in this proceedingand no comments havebeen made by any interested parties on the provisional findingsregarding Community interest.
The findings in recitals 46 to 50 of the provisional duty Regula-
tion are, therefore, confirmed.
H.DUTY
(15)No comments were received on the methodology adopted by the
Commission for the establishment of the duty rates to be applied,as set out in recitals 51 to 55 of the provisional duty Regulation.
These are, therefore, confirmed, and, as the dumpingmarg ins
definitively determined exceed the injury thresholds establishedfor the cooperatingproducers in Malaysia, measures should beimposed at the level of these injury thresholds. As the injurythresholds established for the cooperatingproducers in Mexicoand the United States are de minimis , no definitive anti-dumping
measures should be imposed on imports of the like productmanufactured by these producers.
I.COLLECTION OF THE PROVISIONAL DUTIES
(16)In view of the dumpingmarg ins established, the injury caused to
the Community industry, and of the latter’s precarious financialsituation, it is considered necessary that amounts secured by wayof the provisional anti-dumpingduty for all companies should becollected definitively at the duty rate definitively imposed,
HAS ADOPTED THIS REGULATION:
Article 1
▼M1
1. A definitive anti-dumpingduty is hereby imposed on imports of3,5/primedbl1microdisks used to record and store encoded digital computer
information fallingwithin CN code ex 8523 20 90 (Taric code8523 20 90*40) and originating in Malaysia, Mexico and the UnitedStates of America, with the exception of 3,5 /primedbl1microdisks based on
optically continuous servo tracking technology or magnetic sector servotracking technology with a storage capacity of 120 MB or more.
▼
B
2. The rate of duty applicable to the net, free-at-Community-frontierprice, before duty, shall be as follows:
Malaysia 46,4 8858
Mexico 44,0 8882
United States 44,0 8857
with the exception of imports which are manufactured and sold for
export to the Community by the followingcompanies which shall besubject to the rates of duty mentioned below:
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Country and producer Rate of duty (%) Taric additional code
Country and producer Taric additional codeMalaysia
— Mega High Tech 12,8 8855
— Diskcomp 26,4 8856
3. The duty shall not apply to imports of the product defined in
paragraph 1 manufactured and sold for export to the Community by thefollowingcompanies:
Mexico
— Verbatim 8854
United States
—3 M 8853
— TDK 8853
— Verbatim 8853
4. Unless otherwise specified, the provisions in force concerning
customs duty shall apply.
Article 2
The amounts secured by way of the provisional anti-dumpingduty
pursuant to Regulation (EC) No 2426/95 shall be definitively collectedup to the duty rate definitively imposed.
Article 3
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.