NoC 52/12 Official Journal of the European Communities 3. 3. 90 
Notice of initiation of an anti-dumping proceeding concerning imports of aspartame originating 
in Japan and the United States of America 
(90/C 52/06) 
The Commission has received a complaint alleging that 
imports of aspartame originating in Japan and the United 
States of America is being dumped and is thereby 
causing injury to the Community industry. 
Complainant 
The complaint was lodged by the Holland Sweetener 
Company VoF, the sole producer of aspartame in the 
Community. 
Product 
The product allegedly being dumped is aspartame 
(APM), a sweetening ingredient with a taste profile 
similar to sugar but a much smaller caloric value, falling 
within CN code ex 2924 29 90. 
Allegation of dumping 
The allegation of dumping is based on a comparison 
between domestic prices and export prices to the 
Community. On this basis the estimated dumping 
margins alleged are considerable. 
Allegation of injury 
The sole Community producer has claimed and provided 
sufficient evidence to the effect that, as soon as it 
initiated the construction of its APM plant in 1986, 
prices of US and Japanese imports started to drop 
rapidly (by an estimated 40 % between 1986 and 1987) 
to levels well below their production costs for APM thus 
forcing the Community producer to sell at price levels 
which were insufficient to cover its costs. 
The complaint also alleged that the exporters concerned 
tripled their exports to the Community between 1986 
and 1989. However, as a result of the entry into the 
market of the complainant in 1988, the exporters' share 
of the Community market decreased from 100 % in 
1986 to 78 % in 1989. 
The Community producer has further claimed that it was 
forced to increase its sales during 1989, despite the low 
price levels, in an attempt to maximize its contribution to 
fixed costs and thus limit its financial losses. It was 
alleged that this was the only defence possible in these 
particular circumstances, since the Community producer 
was not in the position of the exporting companies which could compensate for losses on the EEC market with 
profitable sales on the US market, where the 
complainant is not allowed to sell because of patent 
retrictions. 
As a direct result of the factors mentioned above the 
Community producer claimed that it had suffered 
considerable financial losses, which jeopardize its 
viability to continue its business operations. 
Procedure 
Having decided, after consultation, that there is 
sufficient evidence to justify the initiation of a 
proceeding, the Commission has commenced an investi­
gation in accordance with Article 7 of Council Regu­
lation (EEC) No 2423/88 ('). Interested parties may 
make known their views in writing, in particular by 
replying to the questionnaire addressed to the parties 
known to be concerned and by providing supporting 
evidence. Furthermore, the Commission will hear parties 
who so request when making their views known, 
provided that they can show that they are likely to be 
affected by the result of the proceeding. 
This notice is published in accordance with Article 7 
(1) (a) of the abovementioned Regulation. 
Time limit 
Any information relating to the matter, any arguments 
concerning the allegation of dumping and injury 
resulting therefrom and any request for a hearing should 
be sent in writing to reach the Commission of the 
European Communities, Directorate General for 
External Relations (Division I-C-l), 200 rue de la Loi, 
B-1049 Brussels (2) no later than 30 days following the 
date of publication of this notice or, for parties known to 
be concerned, the date on which the letter accompanying 
the abovementioned questionnaire was received, 
whichever date is the later. The receipt of this letter is 
deemed to occur seven days following the date of its 
dispatch. 
If the required information and argumentation is not 
received in adequate form within the time limit specified 
above, the Community authorities may make preliminary 
or final findings on the basis of the facts available in 
accordance with Article 7 (7) (b) of Regulation (EEC) 
No 2423/88. 
0) OJ No L 209, 2. 8. 1988, p. 1. 
(2) Telex COMEU B 21877, Telecopy (32-2) 235 65 05.