1993R2455 — EN — 21.01.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 2455/93
of 2 September 1993
amending Regulation (EEC)No 1798/90 in respect of the definitive anti-dumping duty on imports
of monosodium glutamate originating in Indonesia, the Republic of Korea, Taiwan and Thailand
(OJ L 225, 4.9.1993, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 81/96 of 19 January 1996 L 15 20 20.1.1996
1993R2455 — EN — 21.01.1996 — 001.001 — 2
▼B
COUNCIL REGULATION (EEC)No 2455/93
of 2 September 1993
amending Regulation (EEC)No 1798/90 in respect of the definitive
anti-dumping duty on imports of monosodium glutamate origin-ating in Indonesia, the Republic of Korea, Taiwan and Thailand
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July
1988 on protection against dumped or subsidized imports from coun-tries not members of the European Economic Community (
1), and in
particular Article 14 thereof,
Havingreg ard to the proposal submitted by the Commission after
consultation within the Advisory Committee as provided for under theabove Regulation,
Whereas:
A.Previous procedure
(1)The Council, by Regulation (EEC) No 1798/80 (2), imposed a
definitive anti-dumpingduty on imports of monosodium g luta-mate (hereafter referred to as ‘MSG') fallingwithin CN codeex 2922 42 00 (originating in Indonesia, the Republic of Korea,Taiwan and Thailand, with the exception of imports from certainproducers in these countries from which the Commissionaccepted undertakings under Regulation (EEC) No 547/90 (
3) and
Decision 92/493/EEC (4).
B.Review
(i)General
(2)By a notice published in the Official Journal of the European
Communities (5), the Commission, after consultation within the
Advisory Committee and in accordance with Article 14 of Regu-lation (EEC) No 2423/88, initiated a review of the Regulationsand Decision which imposed the antidumpingmeasures currentlyin force and re-opened the investigation. The review was limitedto an examination of changed circumstances in injury, in partic-ular the question whether the price undertakings accepted by theCommission had been rendered insufficient to eliminate the injur-ious effects suffered by the Community industry.
(ii)Injury
(3)As far as the dumped imports are concerned, the Commission
found that, between 1989 and the first nine months of 1992,imports from the countries concerned increased from 3 800tonnes to 9 696 tonnes, representingan increase in market sharefrom 8,7 to 26,1 %. The prices of these imports were, in USdollar terms, in line with the prices set in the undertakingsaccepted by the Commission while in ECU terms they werelower by up to 20 % over the period examined.
(1) OJ No L 209, 2. 8. 1988, p. 1.
(2) OJ L 167, 30. 6. 1990, p. 1. Regulation as amended by Regulation (EEC)
No 2966/92 (OJ L 299, 15. 10. 1992, p. 1.).
(3) OJ No L 56, 3. 3. 1990, p. 23.
(4) OJ No L 299, 15. 10. 1992, p. 40.
(5) OJ No C 286, 4. 11. 1992, p. 3.
1993R2455 — EN — 21.01.1996 — 001.001 — 3
▼B
(4)As far as the situation of the Community industry is concerned,
the volume of sales of MSG in the Community by that industryincreased by 13 % between 1989 and the first nine months of1992 extrapolated on an annual basis, although the market shareheld by that industry decreased by 4,5 % duringthe same period.The prices charged by the Community industry were, given thehighly price sensitive nature of MSG, in line with those of theimports concerned, which, as stated above, were somewhat lowerthan the prices set in the undertakings. Consequently, theCommunity industry was prevented from further increasingitsprices to a level adequate to remove the injury sustained.
(5)The Commission also found that while the trend in costs andprices had brought the Community industry back into profitduringthe first nine months of 1992, these profits were totallyinsufficient to ensure the viability of the business. This lack ofadequate profit furthermore threatens the industry’s investmentprogramme and thus its competitiveness.
(6)The Commission concluded, therefore, that material injury is stillbeingsuffered by the Community industry despite certain posi-tive effects of the anti-dumpingmeasures currently in force. Itwas found that the remaininginjury was caused by the continuedlow prices of the imports concerned in spite of the measures inforce, and a subsequent increase in the volume of these imports.
(iii)Community interest
(7)The Commission considered that, given the small impact of the
increase envisaged in the level of the measures on the users ofMSG and the requirement that the Community industry beallowed to make a return on the substantial investments recentlymade, it was in the interest of the Community that the anti-dumpingmeasures remain in force, duly amended to remove anyremainingmaterial injury.
(iv)Undertakings
(8)Havingcompleted its investig ation, the Commission disclosed its
findings to the producers in the exporting countries concernedfrom which undertakings had been accepted before the initiationof the review. New price undertakings were subsequently offeredby these producers with the exception of one company in Thai-land which ceased exportingto the Community prior to 1992.Followingconsultations with the Advisory Committee, oneMember State raised objections to the acceptance of the newundertakings. The Commission, by Decision 93/479/EEC (
1),
subsequently accepted the new undertakings.
(v)Definitive duties
(9)The Commission also considered the situation of those producers
in each of the countries concerned which had not made them-selves known duringthe proceedingand were subject to a defin-itive anti-dumpingduty. In this respect, Recital 32 of Decision93/479/EEC established that, since the dumpingsituation had notbeen investigated in the framework of the review, it was consid-ered appropriate that the level of the definitive duties applicableto these producers should remain unchanged.
As to the company in Thailand which ceased exportingto the
Community before 1992 and which did not offer a new under-taking, Recital 33 of Decision 93/479/EEC established that noindividual anti-dumpingmeasures should be maintained for thiscompany. Consequently, if this company should, in the future,resume exportingto the Community, it would receive the usual
(1) See page 35 of this Official Journal.
1993R2455 — EN — 21.01.1996 — 001.001 — 4
▼B
Country Products manufactured byAmount of
duty (ECU per
kilogram)Taric addi-
tional codetreatment given to any other exporter in Thailand which had not
offered an undertaking.
C.Amendment of Regulation (EEC)No 1798/90 following the results
of the review
(10)The Council considers it appropriate in view of the foregoing
findings to amend Regulation (EEC) No 1798/90 to includewithin the scope of the definitive anti-dumpingduty applicable toimports of MSG originating in Thailand, future imports from thatcompany which ceased exportingto the Community before 1992.
(11)The Community industry concerned was informed of the mainfacts and considerations on the basis of which the Commissionintended to recommend the further amendment of Regulation(EEC) No 1798/90 and did not object,
HAS ADOPTED THIS REGULATION:
▼M1
Article 1
1. Definitive anti-dumpingduties are hereby imposed on imports of
monosodium glutamate, falling within CN code 2922 42 10, originatingin Indonesia, the Republic of Korea and Taiwan.
2. The rates of duty applicable of the net free-at-Community-frontier
price, before duty, shall be as follows:
Indonesia All companies 0,334 —
Republic of Korea — Cheil Foods & Chemicals Ltd 0,129 8843
— All other companies 0,286 8876
Taiwan All companies 0,289 —
3. Unless otherwise specified, the provisions in force concerning
customs duties shall apply.
▼B
Article 2
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.