EN Official Journal of the European Union C 117/8

Notice of initiation of an anti-dumping proceeding concerning imports of certain camera systems originating in Japan and of the initiation of an interim review of the anti-dumping duty on imports of television camera systems originating in Japan

(2006/C 117/03)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), as last amended by Regulation (EC) No 2117/2005 (2), alleging that imports of certain camera systems, originating in Japan (‘the country concerned’), are being dumped and are thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 4 April 2006 by Grass Valley Nederland BV (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of certain camera systems.

2. Product

The product allegedly being dumped is certain camera systems originating in Japan (‘the product concerned’), consisting of:

(a) a camera head: (i) with integrated viewfinder, viewfinder connection or capability (ii) with integrated optical block, front module or similar device (see description below), connection or capability (iii) either in one piece with the camera head and the camera adaptor in one housing, or separate;

(b) a camera adaptor. This may or may not be integrated in the camera head;

(c) an optical block, front module or similar device with one or more image sensors where the effective diagonal size of the light sensitive scanning area is equal to or larger than 6 mm. This may or may not be integrated in the camera head;

(d) a camera viewfinder. This may or may not be integrated in the camera head;

(e) a Base station or Camera Control Unit (‘CCU’) connected to the camera by a cable or other means such as a wireless connection;

(f) an Operational Control Panel (‘OCP’) or equivalent device for camera control (i.e. for colour adjustment lens opening or iris) of single cameras;

(g) a Master Control Panel (‘MCP’) or Master set-up unit (‘MSU’) for the overview and for adjustment of several remote cameras;

(h) a box lens adaptation unit such as a Large Lens Adapter or SuperXpander that enables portable camera systems to be used with box-type lenses.

imported either together or separately.

It is not always required that the camera systems consist of all the above components.

The abovementioned different components (not camera head) of a camera system cannot function separately and cannot be used outside the camera system of a particular producer.

Lenses and recorders which are not in the same housing with a camera head are not covered by the product.

The product concerned is susceptible for use in broadcast, news gathering, digital cinematography or professional applications. Professional applications include (but are not limited to) the use of these systems for creating educational, entertainment, promotional and documentary video material, both for internal and external distribution.

The product concerned is normally declared within CN codes ex 8525 30 90, ex 8525 40 91, ex 8528 21 14, ex 8528 21 16, ex 8528 21 90, ex 8528 22 00, ex 8529 90 81, ex 8529 90 95, ex 8537 10 91, ex 8537 10 99, ex 8543 89 97 and ex 9002 90 00. These CN codes are only given for information.

3. Allegation of dumping

The allegation of dumping is based on a comparison of normal value established on the basis of domestic prices, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the product concerned from Japan have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held, the quantities sold and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance and the financial situation of the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Japan is being dumped and whether this dumping has caused injury.

(a) Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers in Japan

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) and in the format indicated in point 7:

— name, address, e-mail address, telephone, and fax numbers and contact person,

— the turnover in local currency and the volume in units of the product concerned sold for export to the Community during the period 1 April 2005 to 31 March 2006,

— the turnover in local currency and the sales volume in units for the product concerned on the domestic market during the period 1 April 2005 to 31 March 2006,

— whether the company intends to claim an individual margin (3) (individual margins can only be claimed by producers),

— the precise activities of the company with regard to the production of the product concerned,

— the names and the precise activities of all related companies (4) involved in the production and/or selling (export and/or domestic) of the product concerned,

— any other relevant information that would assist the Commission in the selection of the sample,

— by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in point 6(b)(i) and in the formats indicated in point 7:

— name, address, e-mail address, telephone, and fax numbers and contact person,

— the total turnover in euro of the company during the period 1 April 2005 to 31 March 2006,

— the total number of employees,

— the precise activities of the company with regard to the product concerned,

— the volume in units and value in euro of imports into and resales made in the Community market during the period 1 April 2005 to 31 March 2006 of the imported product concerned originating in Japan,

— the names and the precise activities of all related companies (5) involved in the production and/or selling of the product concerned,

— any other relevant information that would assist the Commission in the selection of the sample,

— by providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If the company indicates that it does not agree to its possible inclusion in the sample, it will be deemed to not have co-operated in the investigation. The consequences of non-cooperation are set out in point 8 below.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii) Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in point 6(b)(iii) and must cooperate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in point 8.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to the sampled exporters/producers in Japan, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting country concerned.

Exporters/producers in Japan claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in point 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in point 6(a)(i). However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii).

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 6(a)(ii), make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in point 6(a)(iii). It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

(ii) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).

(iii) Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit.

(b) Specific time limit in respect of sampling

(i) The information specified in point 5.1(a)(i) and 5.1(a)(ii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(ii) All other information relevant for the selection of the sample as referred to in 5.1(a)(iii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii) The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (6)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

European Commission Directorate General for Trade Directorate B Office: J-79 5/16 B-1049 Brussels Fax (32-2) 295 65 05.

8. Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

9. Review of existing measures

By Council Regulation (EC) No 2042/2000 (7) definitive anti-dumping duties were imposed on imports of television camera systems originating in Japan, falling within CN codes ex 8525 30 90, ex 8537 10 91, ex 8537 10 99, ex 8529 90 81, ex 8529 90 95 (formerly ex 8529 90 88), ex 8543 89 97 (formerly ex 8543 89 95), ex 8528 21 14, ex 8528 21 16 and ex 8528 21 90. The product covered by this regulation entirely falls within the definition stated in point 2 above.

Should it be determined that measures are to be imposed on certain camera systems originating in Japan in the proceeding initiated by the present notice, and thus cover the television camera systems subject to measures under Regulation (EC) No 2042/2000, the continued imposition of the measures imposed by Regulation (EC) No 2042/2000 will be no longer appropriate, and this regulation would have to be amended or repealed accordingly. Therefore, an interim review should be opened as regards Regulation (EC) No 2042/2000 in order to allow any amendment or repeal necessary in the light of the investigation initiated by the present notice.

Therefore, the Commission hereby initiates, pursuant to Article 11(3) of the basic Regulation, an interim review of Regulation (EC) No 2042/2000. The provisions set out in points 5, 6, 7 and 8 of the notice, apply mutatis mutandis to this interim review.

10. Schedule of the investigation

The investigation will be concluded, according to Articles 6(9) and 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 340, 23.12.2005, p. 17.

(3) Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample.

(4) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(5) For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(6) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(7) OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regulation (EC) No 1454/2005 (OJ L 231, 8.9.2005, p. 1)