18. 8.90 Official Journal of the European Communities No C 206/5 
Notice of the expiry of an anti-dumping measure 
(90/C 206/04) 
1. The Commission gives notice that the anti-dumping measure mentioned below has 
expired. 
2. This notice is published in accordance with Article 15 (5) of Council Regulation (EEC) 
No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from 
countries not members of the European Economic Community ('). 
Product 
Glycine Country of origin 
or exportation 
Japan Measure 
Duty Reference 
OJ No L 218, 15. 8. 1985 Date of expiry 
17. 8. 1990 
O OJ No L 209, 2. 8. 1988, p. 1. 
Notice of initiation of a review of anti-dumping measures concerning imports of self-propelled 
hydraulic excavators, track-laying or wheeled, of a total operating weight exceeding six tonnes 
but not exceeding 35 tonnes, equipped with a single bucket mounted on a boom capable of 
pivoting through 360°, or intended to be so equipped, originating in Japan 
(90/C 206/05) 
Further to Article 15 of Council Regulation (EEC) No 
2423/88 of 11 July 1988 (') on protection against 
dumped or subsidized imports from countries not 
members of the European Community, the Commission 
has received a request for a review of the above 
measures. The request was lodged by the Federation of 
Manufacturers of Construction Equipment and Cranes 
(FMCEC) on behalf of Community producers whose 
collective output represents a major part of Community 
production of hydraulic excavators. 
Product 
The products concerned are self-propelled hydraulic 
excavators, track-laying or wheeled, of a total operating 
weight exceeding six tonnes but not exceeding 35 tonnes, 
equipped with a single bucket mounted on a boom 
capable of pivoting through 360°, or intended to be so 
equipped (hereinafter referred to as 'certain hydraulic 
excavators') falling within CN code ex 8429 52 00 
(Taric code 8429 52 00 * 10), previously Nimexe code 
ex 84.23-11. excavators originating in Japan (2). By Commission 
Regulation (EEC) No 595/85 (J) the Commission 
imposed a provisional anti-dumping duty on imports of 
certain hydraulic excavators originating in Japan. 
In July 1985 a definitive anti-dumping duty was imposed 
by Council Regulation (EEC) No 1877/85 (4). In 
January 1990 the Commission published a notice of 
impending expiry (s) of the measures in question. 
Following a request for a review by the Community 
industry concerned, a notice of intention to carry out a 
review of anti-dumping measures for certain hydraulic 
excavators originating in Japan was published in May 
1990 ('). 
These notices were published in accordance with Article 
15 (2) and (3) respectively of Council Regulation (EEC) 
No 2423/88. 
Previous proceeding 
In July 1984 the Commission initiated an anti-dumping 
proceeding concerning imports of certain hydraulic 
(*) OJ No L 209, 2. 8. 1988, p. 1. O OJ No C 201, 31. 7. 1984, p. 3. 
(>) OJ No L 68, 8. 3. 1985, p. 13. 
(4) OJ No L 176, 6. 7. 1985, p. 1. 
(') OJ No C 16, 23. 1. 1990, p. 3. 
(') OJ No C 132, 31. 5. 1990, p. 4. 
No C 206/6 Official Journal of the European Communities 18. 8.90 
Grounds for the request for a review 
Allegation of dumping 
Although the price level of Japanese exports to the 
Community has risen, the complainant alleges that 
dumping margins remain significant. 
Allegation of injury 
After the imposition of the definitive measures, the level 
of Japanese imports remained relatively stable with 1 117 
pieces being imported in 1985 and 1 190 pieces in 1989. 
The overall Community market grew substantially 
between 1985 and 1989 with 11 171 pieces sold in 1985 
and 18 360 pieces in 1989. This resulted in a decline in 
the Japanese market share. 
It is alleged that whilst the anti-dumping measures 
imposed in 1985 have enabled Community producers to 
improve slightly their market position and appear to have 
been contributory in stabilizing exports from Japan to 
the Community, they have not fully eliminated the injury 
caused to Community producers by dumped imports. In 
support of this, the complainant alleges that between 
1985 and 1989 achieved prices in the Member State 
considered worst affected by Japanese imports rose by 
only 4 % over the five-year period, despite the measures 
in force. 
In further support of its allegations, the Community 
industry has provided evidence of an imminent threat of 
price undercutting by the Japanese exporters if the duties 
are allowed to lapse. Export prices of certain hydraulic 
excavators originating in Japan and exported to the other 
major world markets of North America and the EFTA 
countries are considerably lower (20 %) than export 
prices of the same product to the Community. This 
marketing policy has led to Japanese producers having 
the dominant position on all world markets except that 
of the Community. 
It is also claimed that capacity in the exporting country 
considerably exceeds its domestic requirements, a 
situation which will continue into the forseeable future. 
In conjunction with an estimated 38 % reduction in 
demand on the Japanese market and despite a 22 % 
decline in sales in the Community over the same period, 
the complainants allege that the Community will be the 
only major market remaining to which the Japanese can 
export significant volumes of their excess capacity. 
Given these circumstances, it is alleged that expiry of the 
antidumping measures would result in a worsening of the injury being caused as it would lead again to lower 
market shares and lower prices with a consequent impact 
on profitability. 
Procedure 
Having decided, after consultation, that there is 
sufficient evidence to justify the initiation of a review, 
the Commission has commenced an investigation in 
accordance with Articles 7 and 15 of Council Regulation 
(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. 
In accordance with Article 15 (3) of the abovementioned 
Regulation, the measures currently in force will continue 
to apply pending the result of the review. 
This notice is published in accordance with Article 15 (3) 
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-2), 200 rue de la Loi, 
B-1049 Brussels (') not 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 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) Telex COMEU B 21877, telefax (32 2) 235 30 21. 
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