COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 29.07.1998 
COM(1998) 482 final 
SIXTEENTH ANNUAL REPORT FROM THE COMMISSION 
TO THE 
EUROPEAN PARLIAMENT 
ON 
THE COMMUNITY'S ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES 
(1997) 

(16th Annual report to the Parliament - 1997) 
CONTENTS 
1. INTRODUCTION 1 
1.1. What is dumping and what are countervailable subsidies 2 
1.2. Anti-dumping and anti-subsidies rules 2 
2. GENERAL OVERVIEW OF MEASURES IN FORCE 5 
3. INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS 6 
3.1. Overview 6 
3.2. Cases 7 
3.2.1. Stainless steel fasteners and parts from Thailand 7 
3.2.2. Personal fax machines from the People's Republic of China, Japan, Korea, Malaysia, 
Singapore, Taiwan and Thailand 7 
3.2.3. Potassium permanganate from India and the Ukraine 8 
3.2.4. Poly sulphide polymers from the United States of America 9 
3.2.5. Synthetic fibre ropes from India 9 
3.2.6. Monosodium glutamate from Brazil, the United States of America and Vietnam 9 
3.2.7. Cotton grey fabrics from the People's Republic of China, Egypt, India, Indonesia, 
Pakistan and Turkey 10 
3.2.8. Imports into Italy of certain flat rolled narrow strips, of iron or non-alloy steel, cold-
rolled, from Russia 10 
3.2.9. Synthetic fibre ropes from the Republic of Korea 11 
3.2.10. Unwrought unalloyed magnesium from the People's Republic of China 12 
3.2.11. Stainless steel bright bars from India (anti-dumping) 12 
3.2.12. Broad spectrum antibiotics from India 12 
3.2.13. Thiourea dioxide from the People's Republic of China 13 
3.2.14. Certain laser optical reading systems or the main constituent elements thereof, for use in 
motor vehicles from Japan, Korea, Malaysia, Taiwan and the People's RepublicR of 
China 13 
3.2.15. Stainless steel bright bars from India (anti-subsidy) 14 
3.2.16. Cochineal Carmine from Peru 14 
3.2.17. Hardboard from Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia. 15 
3.2.18. Bicycles from Taiwan 15 
3.2.19. Certain large electrolytic aluminium capacitors from the United States of America and 
Thailand 16 
3.2.20. Woven glass fibre fabrics from Taiwan (anti-dumping) 16 
3.2.21. Woven glass fibre fabrics from Taiwan (anti-subsidy) 17 
4. PROVISIONAL MEASURES 17 
4.1. Overview 17 
4.2. Cases 18 
4.2.1. Sacks and bags made of polyethylene or polypropylene from India, Indonesia and 
Thailand. 18 
4.2.2. Polyester textured filament yarn (PTY) from Malaysia 19 
4.2.3. Certain footwear with textile uppers from Indonesia and the People's Republic of China 21 
4.2.4. Handbags from the People's Republic of China 22 
4.2.5. Unwrought, unalloyed zinc from Poland and Russia 23 
L-
4.2.6. Certain seamless pipes and tubes, of iron or non-alloy steel from Russia, the Czech 
Republic, Romania and the Slovak Republic 25 
4.2.7. Flat pallets of wood from Poland 26 
4.2.8. Cotton-type bed linen from Egypt, India and Pakistan 28 
4.2.9. Advertising matches from Japan 29 
4.2.10. Glyphosate from the People's Republic of China 30 
4.2.11. Stainless steel fasteners and parts from the People's Republic of China, India, the 
Republic of Korea, Malaysia, Taiwan and Thailand 31 
4.2.12. Ferro-silico-manganese from the People's Republic of China 33 
4.2.13. Personal fax machines from the People's Republic of China, Japan, the Republic of 
Korea, Malaysia, Singapore, Taiwan and Thailand 34 
5. DEFINITIVE MEASURES 35 
5.1. Overview 35 
5.2. Cases 36 
5.2.1. Certain ring binder mechanisms from Malaysia and the People's Republic of China. 36 
5.2.2. Gas-fuelled, non refillable pocket flint lighters from Thailand, the Philippines and 
Mexico 37 
5.2.3. Polyester textured filament yarn (PTY) from Malaysia 38 
5.2.4. Handbags from the People's Republic of China 39 
5.2.5. Farmed Atlantic salmon from Norway 41 
5.2.6. Unwrought, unalloyed zinc from Poland and Russia 43 
5.2.7. Sacks and bags made of polyethylene or polypropylene from India, Indonesia and 
Thailand. 44 
5.2.8. Advertising matches from Japan. 45 
5.2.9. Certain footwear with textile uppers from Indonesia and the People's Republic of China 46 
5.2.10. Seamless pipes and tubes of iron or non-alloy steel from Hungary, Poland, Russia, the 
Czech Republic, Romania and the Slovak Republic 47 
5.2.11. Flat pallets of wood from Poland 48 
5.2.12. Cotton-type bed linen from Egypt, India and Pakistan 49 
6. INVESTIGATIONS TERMINATED WITHOUT MEASURES 50 
6.1. Overview 50 
6.2. Cases 50 
6.2.1. Tapered roller bearings from Japan 50 
6.2.2. Steel sections of iron or non-alloy steel originating in the Czech Republic and the 
Republic of Hungary 51 
6.2.3. Portland cement originating in Romania, Tunisia and Turkey 51 
6.2.4. Unwrought, unalloyed zinc from Kazakhstan, Ukraine and Uzbekistan 51 
6.2.5. Briefcases and schoblbags originating in the People's Republic of China 52 
6.2.6. Synthetic fibre ropes from India 52 
6.2.7. Luggage and travel goods originating in the People's Republic of China 52 
6.2.8. Handbags from the People's Republic of China 53 
7. REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY 53 
7.1. Overview 53 
7.2. Expiry reviews 54 
7.3. Interim reviews 54 
7.4. Newcomer reviews 55 
7.5. Absorption investigations 55 
7.5.1. Microwave ovens originating in Korea 56 
7.5.2. Ammonium nitrate originating in Russia 56 
7.13. Television camera systems originating in Japan 56 
7.6. Circumvention investigations 57 
7.6.1. Extension of duty 57 
7.6.1.1. Certain bicycle parts originating in the People's Republic of China 57 
7.6.1.2. Polyester filament tow from Belarus 58 
7.6.2. Terminations 59 
7.6.2.1. Electronic Weighing Scales (assembly in Indonesia - TEC) 59 
7.6.2.2. Electronic Weighing Scales (assembly in the Community - Teraoka-Digi) 60 
8. SUSPENSION OF MEASURES 60 
9. MONITORING OF UNDERTAKINGS 60 
10. REFUNDS 61 
11. COURT OF JUSTICE/COURT OF FIRST INSTANCE 61 
11.1. Overview 61 
11.2. New cases 62 
11.3. Cases pending 62 
11.4. Judgments and orders rendered 63 
11.4.1. Court of Justice 63 
11.4.1.1. Potassium permanganate from the People's Republic of China : Judgment of 
29 May 1997 63 
11.4.1.2. Cotton yarn from Brazil and Turkey : Judgment of 29 May of 1997 64 
11.4.1.3. Paint brushes from the People's Republic of China : Judgment of 16 
September of 1997 64 
11.4.1.4. Plates of iron and steel from Yugoslavia : Judgment of 16 October of 1997 65 
11.4.2. Court of First Instance 65 
11.4.2.1. Unbleached cotton fabrics from Egypt, Indonesia, Pakistan, Turkey and the 
People's Republic of China : Order of 2 October of 1997 65 
11.4.2.2. Cement from Turkey, Romania and Tunisia : Judgment of 10 July of 1997 66 
11.4.2.3. Bicycles from the People's Republic of China : Judgment of 25 September 
of 1997 67 
11.4.2.4. Aspartam from Japan and the United States : Judgment of 18 December of 
1997 68 
11.4.2.5. Urea from Russia : Judgment of 17 December of 1997 68 
12. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES 
CONCERNING IMPORTS FROM EU MEMBER STATES 69 
12.1. Anti-dumping and anti-subsidy cases against EU Member States 70 
12.1.1. USA 70 
12.1.1.1. Pasta from Italy 70 
12.1.1.2. Lead and Bismuth Steel from the UK 70 
12.1.1.3. Carbon Steel Wire Rod from, inter alia, Germany 70 
12.1.1.4. Stainless Steel Wire Rod from Italy (initiated on 19.08.1997) 71 
12.1.1.5. Certain steel from Belgium (review initiated in 1997) 71 
12.1.1.6. Rayon staple fibre from Sweden 71 
12.1.2. 
12.1.3. 
12.1.4. 
12.1.5. Canada 
Israel 
New Zealand 
Australia 
12.1.5.1. 
12.1.5.2. 
12.1.6. 
12.1.7. 12.1.5.3. 
12.1.5.4. 
12.1.5.5. 
Argentina 
12.1.6.1. 
12.1.6.2. 
Mexico 
12.1.7.1. Canned Peaches from Spain and Greece 
Canned Ham from the Denmark (CVD), Ireland and the Netherlands (AD & 
CVD) 
Glacé Cherries from France and Italy (AD & CVD review) 
Dried Egg White from the Netherlands (CVD review) 
Canned Tomatoes from Italy (AD & CVD review) and Spain (CVD review) 
Wheat Gluten (CVD investigation initiated on 26.11.1996) 
Olive Oil (CVD investigation initiated in March 1997) 
Canned peaches from Greece (AD & CVD initiated in May 1997) 
12.2. Major anti-dumping investigations against Community Member States 
12.2.1. 
12.2.2. 
12.2.4. 
12.2.5. 
12.2.6. 
12.2.7. Israel 
12.2.1.1. 
12.2.1.2. 
12.2.1.3. 
12.2.1.4. 
12.2.1.5. 
12.2.1.6. 
12.2.1.7. 
12.2.1.8. 
Canada 
12.2.2.1. 
12.2.2.2. 
12.2.2.3. Gate Valves from Germany 
Medium Density Fiberboards from Germany, Italy and Portugal 
Reinforced Deformed Bars (Rounds) from Spain 
Reinforced Rounds from Italy 
Pasta from Italy 
Disposable diapers from Germany 
Synthetic media from the UK 
Granulated Recycled polyethylene from Germany 
Steel reviews 
Pasta from Italy 
Stainless Steel bars 
12.2.3. South Africa 
12.2.3.1. 
12.2.3.2. 
12.2.3.3. 
12.2.3.4. 
12.2.3.5. 
12.2.3.6. 
12.2.3.7. 
12.2.3.8. 
12.2.3.9. 
Argentina 
12.2.4.1. 
12.2.4.2. 
12.2.4.3. 
12.2.4.4. 
12.2.4.5. 
12.2.4.6. 
Malaysia 
12.2.5.1. 
12.2.5.2. 
India 
12.2.6.1. 
12.2.6.2. 
12.2.6.3. 
Korea 
12.2.7.1. 
12.2.7.2. 
12.2.7.3. Uncoated woodfree paper in reels or sheets from Sweden 
Unglazed and glazed ceramic wall and floor tiles from Italy 
Suspension PVC from France, UK, Germany, Belgium, Spain, Netherlands 
Circuit breakers from France Italy and Spain 
Calcium propionate and Calcium acetate from the Netherlands 
Copper tubing from the UK 
Acrylic Fibre from Portugal 
Glass microspheres from Austria, UK and Belgium 
Coated paperboard from Spain, Austria, Germany and the Netherlands 
Drill bits din 345 from Italy 
Pneumatic components from Germany 
Gas meters from Italy 
Electric cables from France and Spain 
Optic Fibre cables from Spain 
Chemical products from the Netherlands and Germany 
Self-copy paper from the European Union 
Corrugated medium-paper 
Acrylonitrile butadeine rubber from Germany 
Catalysts from Denmark 
Graphite electrodes from Germany, Belgium, Austria, France, Spain and 
Italy 
Electric shavers from Germany and the Netherlands 
Carbonless copy paper from UK and Germany 
Certain cellulose products from Germany 71 
71 
72 
72 
72 
72 
72 
72 
73 
73 
73 
73 
73 
73 
73 
73 
73 
73 
74 
74 
74 
74 
74 
74 
74 
74 
75 
75 
75 
75 
75 
75 
75 
75 
76 
76 
76 
76 
76 
76 
76 
76 
76 
77 
77 
77 
77 
77 
77 
77 
77 
78 
78 
78 
78 
78 
12.2.7.4. Electric smoothing irons from France 78 
12.2.8. Australia 78 
12.2.8.1. PVC from Belgium 78 
12.2.8.2. PVC from Germany and the Netherlands 78 
12.2.8.3. Broad tipped highlighter pens from Germany 78 
12.2.8.4. Fibreglass gun rovings from Spain 79 
12.2.8.5. Carbonless copy paper from Austria, Belgium, Finland, France, Sweden, 
Italy, the Netherlands and Germany 79 
12.2.9. USA •" 79 
12.2.9.1. Pasta from Italy 79 
12.2.9.2. Urea from the former GDR 79 
12.2.9.3. Brass Sheets and Strips from Germany 79 
12.2.9.4. Large Newspaper Printing Presses from Germany 79 
12.2.9.5. Open-end spun rayon singles yam from Austria 80 
12.2.9.6. Carbon Steel Wire Rod from Germany 80 
12.2.9.7. Stainless Steel Wire Rod from Italy and Germany 80 
12.2.10. Philippines 80 
12.2.10.1. Refractory bricks from Germany 80 
12.2.11. Egypt 80 
12.2.11.1. Stainless Steel sinks from Greece and Spain 80 
12.2.12. Brazil 80 
12.2.12.1. Sodium Triphosphate 80 
12.2.12.2. Soda Ash 81 
12.2.12.3. Blood collection tubes 81 
12.2.13. Turkey 81 
12.2.14. Indonesia 81 
12.3. Safeguard investigations of third countries concerning imports from Community 
Member States 81 
12.3.1. Brazil 81 
12.3.1.1. Imports of toys 81 
12.3.2. Korea 82 
12.3.2.1. Imports of Certain Dairy Products 82 
12.3.3. Argentina 82 
12.3.3.1. Imports of Footwear 82 
12.3.3.2. The Community has serious concerns about the conformity of the measure 
with the WTO Agreement on Safeguards. 82 
12.3.4. USA 82 
12.3.4.1. Imports of Wheat Gluten 82 
12.4. USA - anti-circumvention actions 83 
12.4.1. Leaded billets from UK and Germany 83 
12.4.2. Pasta from Italy 83 
13. GATTAVTO ISSUES 83 
14. CHANGES TO THE BASIC REGULATION 84 
15. PERSONNEL AND ADMINISTRATION 84 
LIST OF ANNEXES 
ANNEX A New investigations initiated during the period 1 January - 31 December 
1997 
ANNEX B New investigations concluded by the imposition of provisional duties 
during the period 1 January - 31 December 1997 
ANNEX C New investigations concluded by the imposition of definitive duties 
during the period 1 January - 31 December 1997 
ANNEX D New investigations terminated without imposition of measures during the 
period 1 January - 31 December 1997 
ANNEX E New investigations initiated by country of export during the period 
1 January 1993-31 December 1997 
ANNEX F New investigations initiated by product sector during the pe'riod 1 January 
1993-31 December 1997 
ANNEX G Expiry reviews initiated or concluded during the period 1 January - 31 
December 1997 
ANNEX H Interim reviews initiated or concluded during the period 1 January - 31 
December 1997 
ANNEX I New exporter reviews initiated or concluded during the period 1 January -
31 December 1997 
ANNEX J Anti-absorption investigations initiated or concluded during the period 1 
January - 31 December 1997 
ANNEX K Anti-circumvention investigations initiated or concluded during the period 
1 January - 31 December 1997 
ANNEX L Suspension of measures during the period 1 January - 31 December 1997 
ANNEX M Measures which expired during the period 1 January - 31 December 1997 
ANNEX N Court cases pending before the Court of Justice and the Court of First 
Instance of the European Communities on 31 December 1997 
ANNEX O Definitive measures in force on 31 December 1997 (ranked by product) 
ANNEX P Definitive measures in force on 31 December 1997 (ranked by country) 
Vc 
SIXTEENTH ANNUAL REPORT OF THE COMMISSION1 
ON THE COMMUNITY'S ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES 
1. INTRODUCTION 
This report is submitted to the European Parliament following its Resolution of 16 December 
1981 on the Community's anti-dumping activities2, and the more recent report of the European 
Parliament's Committee on External Relations on the anti-dumping policy of the European 
Community3. 
The report concentrates mainly on the Community's activities-during 1997, but for the purpose 
of comparison, the number of anti-dumping and anti-subsidy investigations initiated and 
concluded by the Community in the years 1993 to 1997, together with a breakdown of the type 
of measures taken, are also reported in the annexes. 
For 1997, a concise commentary on each case opened, each provisional and definitive measure 
taken, and each case terminated without measures, is given in sections 3, 4, 5 and 6 of this 
report. 
More than two years have now passed since the introduction of the new anti-dumping 
Regulation, bringing with it the imposition of strict deadlines in proceedings. It can be noted 
that despite the administrative constraints, the Commission has been able to cope with its 
investigations within the time limits set. This could not have been achieved without a 
significant increase in personnel and an important restructuring of the Anti-dumping Services 
which took place at the end of 1995. 
As an introduction to this report, once more a brief summary is presented of the notions of 
dumping and subsidies and the international and Community legislation which apply. 
1 Previous reports were given in COM(83)519 final/2; COM(84)721 final; COM(86)308 final; COM(87)178; 
COM(88)92 final; COM(89)106; COM(90)229 final; SEC(91)92 final; SEC(91)974 final; SEC(92)716 final; 
COM(93)516 final; COM(95)16 final and COM(95)309 final; COM(96)146 final; COM(97)428 final. 
2 OJ No C.ll, 18.01.82, p 37. 
3 PE 141.178/finof30.11.1990,reporterMrGijsDEVRIES. 
1.1. What is dumping and what are countervailable subsidies 
Dumping is traditionally defined as price discrimination between national markets. The 
Community's Anti-dumping legislation defines dumping as selling a product for export 
to the Community at a price below its "normal value". This "normal value" is usually 
the actual sales price on the domestic market in the exporting country. If sales on the 
domestic market are not representative, for instance because they have only been made 
in small quantities, the normal value may be established on another basis, such as the 
prices of other sellers on the domestic market. Subsidies consist of a financial 
contribution from a Government which confers a benefit to producers or exporters (e.g. 
grants, tax and duty exemptions, preferential loans at below commercial rates). 
In the majority of cases where dumping occurs on a more than incidental basis, a certain 
market segregation exists. That segregation may be due to government regulation, but 
also to other circumstances, including consumer preferences. .As a result, exporters are 
shielded, at least to a certain degree, from international competition on their domestic 
market. 
Imports at dumped or subsidized prices can produce negative effects on the Community 
industry, which cannot compete on equal grounds with the exporters. Sales prices, sales 
volume, turnover etc. can decrease, creating further negative consequences on, for 
example, investment and employment. In the worst scenario, an exporter may try to 
eliminate Community producers from the EU market by using a predatory pricing 
strategy. 
1.2. Anti-dumping and anti-subsidies rules 
It is internationally agreed that action may be taken against dumped and subsidised 
imports, which are causing injury to a domestic industry. The European Community has 
its own legislation in force which reflects these international rules. 
The GATT/WTO rules 
Action against injurious dumping and subsidisation is permitted under Article VI of the 
GATT. The more detailed rules are now laid down in the WTO Anti-dumping and Anti-
subsidy Agreements. It is established that measures may only be taken against dumped 
or subsidised imports if these have caused or are threatening to cause "material" injury 
to a domestic industry. The notion of material injury encompasses objective economic 
indicators such as market shares, production, sales, profitability etc. 
Community legislation 
The first anti-dumping and anti-subsidy legislation of the Community was enacted in 
1968 and has been subsequently modified several times. It has been revised to reflect 
the new GATT rules. The current basic Regulations (EC and ECSC), which form the 
legal basis of anti-subsidies and anti-dumping investigations of the Commission, entered 
into force in March and November 1996 and in October 1997 respectively4. 
The substantive rules of the basic anti-dumping Regulation are that before an action can 
be taken, dumping, material injury and causality have to be established and the 
application of measures must not be against the Community interest. The basic 
Regulation, dealing with subsidised imports, establishes that, in order to apply 
countervailing duties, the subsidy must be specific (e.g. an export subsidy or a domestic 
subsidy limited to a particular company or sector) and must cause material injury to the 
Community industry. 
Even though the WTO rules set minimum conditions for applying the anti-dumping 
and/or anti-subsidy measures, the Community legislation contains two further more 
liberal provisions which are not applied by all WTO members. These provisions, aimed 
at ensuring a balanced application of the Community's anti-dumping and anti-subsidy 
rules are the "Community interest test" and the "lesser duty rule". The Community 
interest test shall be based on an appreciation of all the various interests taken as a 
whole, including the interests of the domestic industry and users and consumers. The 
lesser duty rule states that measures, whilst never being allowed to exceed the dumping 
margin, should be set at a level which is adequate to remove the injury. As a result, anti­
dumping duties may be set at a lower level than the actual dumping margin found. This 
actually occurs in many of the Community's cases. 
Procedure 
Investigations follow the procedural rules laid down in the respective basic Regulations. 
Whereas each investigation is different depending on the products and countries 
involved, all cases give rise to a significant workload for the Commission services since 
the main procedural steps ace identical, these being: First, the Commission decides 
whether an investigation should be opened after the lodging of a complaint. A notice of 
initiation is subsequently published in the Official Journal and detailed questionnaires 
are sent to all interested parties. All interested parties, including users and where 
appropriate consumers organisations are invited to participate in the proceeding and they 
can request a hearing and access to non-confidential files. 
Council Regulation (EC) No 384/96 of 22 December 1995 (OJ No L 56 of 6.3.1996), as last amended by Regulation 
(EC) No 2331/96 (OJ No L 317 of 6.12.1996) and Commission Decision No 2277/96/ESCS of 28.11.1996 (OJ No L 
308 of 29.11.1996) for anti-dumping, and Council Regulation (EC) No 2026/97 of 6 October 1997 (OJ No L 288 of 
21.10.1997) and Commission Decision No 2424/88/ECSC of 21 July 1988 (OJ No L 209 of 2.8.1988) for anti-
subsidies. 
3 
Subsequently, verifications visits are carried out by Commission officials at the premises 
of the cooperating parties. These visits are followed by thorough calculations often 
involving the processing of many thousand transactions and complex calculations of 
production costs. The results of these calculations lead to the preparation of a working 
document on the basis of which it is decided - after consultation of the Member States in 
the Anti-dumping Advisory Committee - whether to impose provisional measures or to 
terminate the proceeding. 
Following the publication of a Commission regulation imposing provisional duties in the 
Official Journal, interested parties who so requested receive a full disclosure which 
allows them to submit comments. The Commission verifies its calculations and 
reconsiders its findings following these comments. A second working document is 
prepared which after final disclosure and consultation of the Member States leads to a 
final proposal of the Commission either to impose definitive duties and/or to accept 
undertakings or to terminate the proceeding. The Council decides on the adoption of the 
Commission proposal by qualified majority. The regulation to impose definitive duties is 
published in the Official Journal. 
The procedure as described above is subject to strict statutory deadlines. Thus, a 
decision to impose provisional duties must be taken within nine months and the total 
duration of an investigation is limited to fifteen months. This leads to a significant time 
pressure taking into account amongst others internal consultations and the necessity to 
publish regulations and decisions of the Community institutions in all Community 
languages at the same time. 
Anti-dumping or countervailing measures will normally remain in force for five years 
and may consist of duties or undertakings concluded with the exporters. Measures are 
taken on a country wide basis but individual treatment, i.e. the application of a company 
specific duty, can be granted to exporters which have co-operated throughout the 
investigation. During the five-year period, interested parties may request a review of the 
measures or the refund of anti-dumping duties paid. Measures may also be suspended 
for a certain period. 
The EU legislation ensures full transparency in anti-dumping and anti-subsidy cases by 
disclosure of information to the parties concerned and the authorities of third countries 
and by publication of decisions and the motivations underlying them. Procedural rights 
of parties, including hearings and access to non-confidential files, are fully respected 
throughout the proceeding and a system of judicial review exists to ensure its correct 
implementation. The competence to review anti-dumping or anti-subsidy cases lies with 
the Court of First Instance and the Court of Justice in Luxembourg. Of course, the 
possibility of recourse to the WTO dispute settlement mechanism remains for 
governments of WTO members. 
2. GENERAL OVERVIEW OF MEASURES IN FORCE 
At the end of 1997, the Community had 141 measures5 in force covering 63 products and 33 
countries. Three of them were anti-subsidy measures. Of the definitive measures, the large 
majority was in the form of duties; however, in a significant number of cases, in particular those 
relating to CEEC countries, undertakings were accepted. 
Of all the measures in force at the end of 1997, 58 measures (or 41%) concerned non-market-
economy countries6, including the People's Republic of China with 32 measures and Russia 
with 14 measures. The other countries most concerned are South Korea and Thailand with 8, 
Poland with 7, Japan and Malaysia with 6 and Brazil, Taiwan and Indonesia with 5. Of the 
measures currently in force, 14 (or 10%) concern one or more of the 10 Central and East 
European Countries (CEEC)7. 
For a more realistic view of the impact of anti-dumping measures, however, one has to look at 
the trade volume of the product concerned, which varies considerably depending on the product 
sector. The biggest trade volumes are often generated by high-technology, high-value products 
such as electronics. It should be noted, however, that in 1997 (as in the previous years) only 
0.3%) of the total import trade is affected by anti-dumping or anti-subsidy measures, i.e. 99.7% 
are not subject to any measures. 
* The measures are counted per product and country concerned. 
6 According to Regulation (EC) No 519/94 these countries were the following in 1997 : Albania, Armenia, 
Azerbaïdjan, Belarus, P.R. China, Georgia, Kazakhstan, Kirghistan, Moldavia, North Korea, Ouzbékistan, Russia, 
Tadjikistan, Turkmenistan, Ukraine, Vietnam; as regards Russia and China, see also Chapter 14. 
7 These countries are: Romania, Bulgaria, Slovak Republic, Czech Republic, Slovenia, Hungary, Poland, Latvia, 
Lithuania and Estonia. 
5 
TABLE 1 
Anti-dumping and anti-subsidy investigations 
during the period 1 January 1993 - 31 December 19978 
Investigations in progress at the beginning of the 
period 57 51 65 77 54 
Investigations initiated during the period 21 43 33 25 45 
Investigations in progress during the period 78 94 ' 98 102 99 
Investigations concluded by : 
- imposition of definitive duty or acceptance 
of undertakings 19 21 13 23 24 
terminations9 25 13 
Total investigations concluded during the period 27 29 21 48 37 
Investigations in progress at the end of period 51 65 77 54 62 
Provisional duties imposed during the period 16 25 21 11 33 
3. INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS 
3.1. Overview 
Anti-dumping and anti-subsidy proceedings are generally initiated following a complaint 
by Community producers accounting for more than 25%) of the Community production* 
of the product concerned. The complaint has to contain evidence of dumping/subsidies 
and injury resulting therefrom. The decision to initiate is taken by the Commission in 
accordance with the provisions of the respective basic Regulations, after duly verifying 
whether the conditions are met and after consulting the Member States in the Anti­
dumping Advisory Committee. 
8 The initiation of a case concerning several countries is accounted as separate investigations/proceedings per country 
involved. 
9 Investigations might be terminated for reasons such as the withdrawal of the complaint, de minimis dumping or 
injury, etc. 
In 1997, 45 new investigations® were initiated involving imports from 23 different 
countries (review investigations are dealt with in section 7 of this report). India featured 
most prominently with 6 investigations, followed by the People's Republic of China 
with 5, Taiwan with 4 and Thailand, South Korea and USA each with 3. Details of these 
investigations are given in Annex A. 
In the five-year period from 1993 to 1997, 167 investigations were initiated concerning 
imports from 38 different countries. The main countries concerned were the People's 
Republic of China with 25 investigations, India with 15, Thailand with 14, South Korea 
and Indonesia with 10 investigations each. The investigations'initiated over the last five 
years are broken down by country of export in Annex E. 
The main sectors concerned by these investigations during the period from 1993 to 1997 
were those of textiles, electronics, iron steel and chemicals, with 40, 31, 22 and 20 
investigations respectively. In 1997, the largest number of investigations (14) took place 
in the electronics sector. A breakdown of the product sectors is given in Annex F. 
A summary of the cases opened in 1997 can be found below. 
3.2. Cases 
3.2. J. Stainless steel fasteners and parts from Thailand 
A notice of extension of the anti-dumping proceeding with regard to imports of 
Stainless steel fasteners and parts originating in the People's Republic of China, India, 
the Republic of Korea, Malaysia and Taiwan was published on 25 January 1997. By 
this note, the above-mentioned proceeding was extended to imports originating in 
Thailand. The extension of the proceedings was initiated following an additional 
complaint from the original complainant, E.I.F.I. (European Industrial Fasteners 
Institute). 
The additional complaint contained evidence of significant dumping based on a 
comparison of normal value established on the basis of domestic prices in Thailand 
with the export prices of the product concerned to the Community. 
With regard to injury, it was alleged that imports from Thailand had increased 
significantly in absolute terms and in terms of market share. It was further alleged that 
the prices of the imported products had significantly undercut the prices charged by the 
Community producers, resulting in material injury to the Community industry. 
3.2.2. Personal fax machines from the People's Republic of China, Japan, Korea, Malaysia, 
Singapore, Taiwan and Thailand 
The notice of initiation of an anti-dumping proceeding with regard to imports into the 
Community of personal or consumer fax machines originating in the People's Republic 
of China, Japan, Republic of Korea, Malaysia, Singapore, Taiwan and Thailand was 
published on 1 February 1997 in the Official Journal of the European Communities. 
The product allegedly being dumped was personal or consumer fax machines. They 
could be distinguished from professional fax machines by virtue of their weight and 
size. Only fax machines with a weight of 5 kilograms or less and with dimensions 
(width x depth x height) of the main body measuring 470 mm x 450 mm x 170 mm or 
less, were considered as personal or consumer fax machines for the purposes of the 
investigation. 
The proceeding was initiated as a result of a complaint lodged in December 1996 by 
Philips Personal Fax Electronik Fabrik, Communications Systems, Wien-
Microelectronics, who represented a major proportion of Community production of the 
like product. 
The complaint contained evidence of dumping of the said product and of material injury 
resulting therefrom, which was considered sufficient to justify the initiation of a 
proceeding. 
Since the People's Republic of China is a non-market economy country, the 
complainant proposed that normal value be established on the basis of the prices or the 
constructed value in an appropriate market economy third country, i.e. the Republic of 
Korea. 
3.2.3. Potassium permanganate from India and the Ukraine 
The notice of initiation of an anti-dumping proceeding with regard to imports into the 
European Union of potassium permanganate originating in India and the Ukraine was 
published on 26 April 1997, following a complaint lodged by the European Chemical 
Industry Council (CEFIC), on behalf of the Community industry. 
The complaint contained evidence of significant dumping based on a comparison of 
normal values established on the basis of constructed normal value in India with the 
export prices of the product concerned to the Community. Since the Ukraine is a non-
market economy country, the complainant proposed that normal value be established on 
the basis of the normal value in India. This normal value was compared with the export 
prices of the product concerned when sold for export to the Community. 
With regard to injury, it was alleged that imports from India and the Ukraine had 
increased significantly, both in absolute terms and in terms of market share. It was 
further alleged that, among other consequences, and taking into account the fact that 
past dumping practices by other countries had already injured the Community industry, 
the volume and prices of the imported products had had a negative impact on the 
quantities sold, the market share and the prices charged by the Community producers, 
resulting in a substantial adverse effect on the financial situation of the Community 
industry. 
3.2.4. Polysulphide polymers from the United States of America 
The notice of initiation of an anti-dumping proceeding with regard to imports into the 
European Union of polysulphide polymers originating in the United States of America 
was published on 19 June 1997, following a complaint lodged by Akcros Chemicals -
Germany, the sole Community producer of the product concerned. 
The complaint contained evidence of significant dumping based on a comparison of 
normal value established on the basis of domestic prices in the United States of 
America with the export prices of the product concerned to the Community. 
With regard to injury, it was alleged that imports from the United States of America had 
increased significantly both in absolute terms and in terms of market share. It was 
further alleged that the volume and prices of the imported products had, among other 
consequences, had a negative impact on the quantities sold, the market share and the 
prices charged by the Community industry, resulting in a substantial adverse effect on 
its financial situation. 
3.2.5. Synthetic fibre ropes from India 
The notice of initiation of an anti-dumping proceeding with regard to imports into the 
European Union of synthetic fibre ropes originating in India was published on 1 July 
1997 on the Commission's own initiative. 
A previous proceeding concerning the same product had been terminated on the 
grounds that the degree of injury and causal link between the dumping and any injury 
could not be sufficiently established in the light of the information available in relation 
to the investigation period. 
However, information made available to the Commission at a late stage of the 
investigation indicated that at the end of the previous investigation and during the 
period following it, there was prima facie evidence that the situation of the Community 
had further deteriorated as a result of continued dumped imports from India. 
3.2.6. Monosodium glutamate from Brazil, the United States of America and Vietnam 
The notice of initiation of an anti-dumping proceeding with regard to imports of 
monosodium glutamate originating in Brazil, the United States of America and Vietnam 
was published on 5 July 1997, following a complaint lodged by Orsan SA, the sole 
producer of monosodium glutamate in the Community. 
The complaint contained evidence of significant dumping. The allegation of dumping 
was based for Brazil and the United States on a comparison of normal value established 
on the basis of domestic prices in these countries with the export prices to the 
Community. Since Vietnam is a non-market economy country, the complainant 
proposed that normal value be established on the basis of the domestic price in 
Thailand. This normal value was compared with the export prices of the product 
concerned when sold for export to the Community. 
With regard to injury it was alleged that imports from Brazil, the United States of 
America and Vietnam increased significantly both in absolute terms and in terms of 
market share. It was further alleged that, among other consequences, the volume and 
prices of the imported products had a negative impact on the quantities sold, the market 
share and the prices charged by the Community producer, resulting in a substantial 
adverse effect on the financial situation of the Community industry. 
3.2.7. Cotton grey fabrics from the People's Republic of China, Egypt, India, Indonesia, 
Pakistan and Turkey 
The notice of initiation of an anti-dumping proceeding with regard to imports of flat 
unbleached cotton fabrics originating in the People's Republic of China, Egypt, India, 
Indonesia, Pakistan and Turkey was published on 11 July 1997. The proceeding was 
initiated following a complaint lodged by the Committee of the Cotton and Allied 
Textile Industries of the European Union (Eurocoton) on behalf of the Community 
industry. 
The complaint contained evidence of substantial dumping based on a comparison of 
export prices to the Community with constructed normal values established for each of 
the countries concerned. Since the People's Republic of China is a non-market economy 
country, the complainant proposed that normal value be established on the basis of the 
prices or the constructed value in a market economy third country, i.e. India. 
With regard to injury, it was alleged that imports from the countries concerned had a 
negative impact on the Community industry's prices, which together with other effects 
adversely and substantially affected the industry's financial situation. 
It should be noted that this complaint was lodged shortly after the Council was unable 
to find the majority necessary to adopt the proposal of the Commission to impose 
definitive anti-dumping duties in a previous investigation. 
The fact that the Commission decided to initiate a new proceeding shortly after the 
Council's refusal to adopt the Commission's proposal was criticized by a number of 
exporting countries. In this respect, it should be noted that the Commission, upon 
receipt of a properly documented complaint and, in accordance with its anti-dumping 
legislation as well as the WTO agreement, had no choice but to initiate a new 
proceeding. 
3.2.8. Imports into Italy of certain flat rolled narrow strips, of iron or non-alloy steel, cold-
rolled, from Russia 
The notice of initiation of an anti-dumping proceeding concerning imports into Italy of 
certain flat rolled narrow strips, of iron or non-alloy steel, cold-rolled, originating in 
Russia was published on 12 July 1997. The proceeding was initiated following a 
complaint lodged by the Italian Narrow Cold Rolled Strips Producers Association 
(FEDERACCIAI), on behalf of producers representing a major proportion of total cold-
rolled narrow steel strips output in Italy. 
10 
The Italian producers alleged that they sell almost all of their production of steel cold-
rolled narrow strips in Italy. It was also submitted that demand in the Italian market for 
this product was not, to any substantial degree, supplied by producers located elsewhere 
in the Community. It was further alleged that the dumped imports into the Community 
were concentrated into the Italian market. 
Given these circumstances, it was alleged that the territory of the Community should, 
for the product in question, be divided into two or more different competitive markets, 
as provided for by Article 4(1 )(b) of the basic Regulation, one these being the Italian 
market. Consequently, for the purpose of this proceeding, the Community industry 
consisted only of the producers in Italy. 
In view of the fact that Russia is a non-market economy country, the complaint 
proposed that normal value be established on the basis of the domestic price in the 
United Sates of America. The allegation of dumping was based on the comparison of 
normal values in the USA, as set out above, with the export prices of the product 
concerned originating in Russia when sold for export to Italy. On this basis, the alleged 
dumping margins, as calculated, are substantial. 
As regards injury it was alleged that imports into Italy from Russia had increased 
significantly in absolute terms and in terms of market share during a period where the 
apparent consumption in Italy had decreased. In addition, the volume and prices of the 
imported products had, among other consequences, had a negative impact on the 
quantities sold, the market share and the prices charged by Italian producers, resulting 
in substantial adverse effects on the financial situation of the Italian industry, reduced 
investment and significant job losses. It was further argued that these imports are 
causing injury to the producers of all or almost all the production of the product in 
question within the Italian market. 
3.2.9. Synthetic fibre ropes from the Republic of Korea 
The notice of initiation of an anti-dumping proceeding with regard to imports into the 
European Union of synthetic fibre ropes originating in the Republic of Korea was 
published on 31 July 1997, following a complaint lodged by the Liaison Committee of 
the European Union, Twine, Cordage and Netting Industries (EUROCORD), on behalf 
of the Community industry. 
The complaint contained evidence of significant dumping based on a comparison of the 
domestic prices in the Republic of Korea with export prices of the product concerned to 
the Community. 
With regard to injury, it was alleged that imports from the Republic of Korea increased 
significantly in absolute terms and in terms of market share. It was further alleged that 
the volume and prices of the imported products have, among other consequences, had a 
negative impact on the quantities sold and the prices charged by the Community 
producers, resulting in a substantial adverse effect on the financial situation of the 
Community industry. 
11 
3.2.10. Unwrought unalloyed magnesium from the People's Republic of China 
The notice of initiation of an anti-dumping proceeding with regard to imports of 
unwrought unalloyed magnesium originating in the People's Republic of China was 
published on 21 August 1997. The proceeding was initiated following a complaint 
lodged by Euroalliages, on behalf of the only producer of unwrought unalloyed 
magnesium operating in the Community, Pechiney Electrometallurgie (France). 
The complaint contained evidence of substantial dumping. As the People's Republic of 
China is a non-market economy country, the complaint proposed that normal value be 
established on the basis of the prices in a market economy third country, ie Norway. 
With regard to injury, the complainant alleged and provided evidence that imports from 
the People's Republic of China had increased significantly in absolute terms and in 
terms of market share. It was further alleged that the volume and prices of the imported 
products had, among other consequences, had a negative impact on the quantities sold 
and the prices charged by the Community producers, resulting in a substantial adverse 
effect on the financial situation of the Community industry. 
3.2.11. Stainless steel bright bars from India (anti-dumping) 
The notice of initiation of an anti-dumping proceeding with regard to imports of 
stainless steel bright bars originating in India was published on 30 August 1997, 
following a complaint lodged by Eurofer on behalf of the Community industry. 
The complaint contained evidence of significant dumping based on a comparison of 
normal value established on the basis of domestic prices in India with the export prices 
of the product concerned to the Community. 
With regard to injury, it was alleged that imports from India had increased significantly 
in absolute terms and in terms of market share. It was further alleged that the volume 
and price of the imported products had, among other consequences, had a negative 
impact on the quantities sold, the market share and the level of prices charged by the 
Community producers, resulting in substantial adverse effects on the financial situation 
of the Community industry and significant job losses. 
3.2.12. Broad spectrum antibiotics from India 
The notice of initiation was published on 12 September 1997. The anti-subsidy 
proceeding was initiated following a complaint from the producers Antibiotics SA and 
SpA, Biochemie GmbH, SA and SpA and ACS Dobfar SpA, representing a major 
proportion of Community production of the product concerned. 
12 
The complaint contained evidence of subsidization i.e. that producers and/or exporters 
in India benefit from a number of subsidies granted by the Government of India. These 
subsidies are a credit for import duty on materials used by exporters (Passbook 
Scheme), a tax exemption scheme on profits earned on exports, export promotion 
capital goods scheme and benefits from locating in export processing zones. The 
subsidy is estimated to amount to at least 30%. All these schemes are considered 
countervailable as they are allegedly contingent on export performance. 
With regard to injury, it was alleged that imports from India have increased 
significantly in absolute terms and in terms of market share. It was further alleged that 
low prices of the allegedly subsidized imports have had a negative impact on the prices 
charged by the Community producers, resulting in a substantial adverse effect on their 
financial situation. In particular, profitability has become inadequate to finance the 
required R&D expenditure. The increased volumes of imports had also had a negative 
impact on the quantities sold by the Community industry. 
3.2.13. Thiourea dioxide from the People's Republic of China 
The notice of initiation of an anti-dumping proceeding with regard to imports of 
thiourea dioxide (also known as formamidine sulfinic acid) originating in the People's 
Republic of China was published on 24 October 1997. The proceeding was initiated 
following a complaint lodged by the European Chemical Industry Council (CEFIC) on 
behalf of the sole producer of thiourea dioxide in the Community, Degussa AG 
(Germany). 
The complaint contained evidence of significant dumping. Since the People's Republic 
of China is considered to be a non-market economy, the complainant proposed that 
normal value be established on the basis of the price or the constructed value in a 
market economy third country, i.e. Japan. 
With regard to injury, it was alleged that imports from the People's Republic of China 
increased significantly in absolute terms and in terms of market share. It was further 
alleged that the volume and prices of the imported products have, among other 
consequences, had a negative impact on the quantities sold and the prices charged by 
the Community producer which, together with other effects, have had a significant 
adverse impact on the financial situation of this Community producer. 
3.2.14. Certain laser optical reading systems or the main constituent elements thereof, for use 
in motor vehicles from Japan, Korea, Malaysia, Taiwan and the People's RepublicR of 
China 
The notice of initiation of an anti-dumping proceeding was published on 25 October 
1997 with regard to certain laser optical reading systems or the main constituent 
elements thereof, for use in motor vehicles originating in Japan, Korea, Malaysia, the 
People's Republic of China and Taiwan, following a complaint lodged by ALORS (the 
Association for Laser-Optical Reading Systems). 
13 
For all five countries, the complaint contained evidence of substantial dumping. As the 
People's Republic of China is a non-market economy country, the complainant 
proposed that normal value be established on the basis of constructed normal value in a 
market economy third country, namely Malaysia. 
With regard to injury, the complainant alleged that imports from these countries had 
increased substantially in absolute terms and in terms of market share. It was further 
alleged that, among other consequences, the volume and prices of the imported products 
had a negative impact on the quantities sold and the prices charged by the Community 
producers. This resulted in a substantial adverse effect on the financial situation of the 
Community industry which, it is alleged, prevented new investments from taking place. 
3.2.15. Stainless steel bright bars from India (anti-subsidy) 
The notice of initiation of an anti-subsidy proceeding was .published on 30 October 
1997. The proceeding was initiated following a complaint lodged by Eurofer on behalf 
of a major proportion of Community producers. 
The complaint contained evidence of subsidization i.e. that producers and/or exporters 
of the product concerned in India benefit from a number of subsidies granted by the 
Government of India. These subsidies are a credit for import duty on materials used by 
exporters (Passbook Scheme), a tax exemption scheme on profits earned on exports, 
export promotion capital goods scheme and benefits from locating in export processing 
zones. This subsidy is estimated to amount to 25-30%. All of these schemes are 
considered countervailable, as they are allegedly contingent upon export performance. 
With regard to the injury, it was alleged that imports from India have increased 
significantly in absolute terms and in terms of market share. It is further alleged that the 
volume and low prices of the imported products have, among other consequences, had a 
negative impact on the quantities sold, the market share and the level of prices charged 
by the Community producers, resulting in substantial adverse effects on their financial 
situation and significant job losses. 
3.2.16. Cochineal Carmine from Peru 
The notice of initiation was published on 6 November 1997. The proceeding was 
initiated following a complaint lodged by Xantaflor, Spain, which accounts for at least 
50% of Community production. 
The complaint contained evidence of subsidies granted by the Government of Peru. 
These are a simplified drawback scheme, tax benefits in special trade and development 
zones and an export promotion programme. These subsidies appear to be either 
contingent upon export performance or regionally specific and are therefore 
countervailable. The amount of subsidy is estimated at 15-20%. 
14 
As regards injury, it is alleged that the Peruvian prices significantly undercut the prices 
of the Community producer and that the low prices of the subsidized imports have 
forced the Community producer to reduce its prices, resulting in a negative impact on 
the financial situation of the producer. In addition, the market share of Peruvian imports 
has increased significantly over the past years, whereas the market share and the 
absolute volume of sales of the Community producer has decreased. 
3.2.17. Hardboard from Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia. 
The notice of initiation with regard to imports of hardboard originating in Brazil, 
Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia was published on 7 November 
1997, following a complaint lodged by 8 companies which produce more than 50% of 
of Community output of the like product. 
The product allegedly being dumped is hardboard, defined as fibreboard of wood or 
other ligneous materials, whether or not bonded with resin or other organic substances 
and with a density exceeding 0,8g/cm3. Hardboard is used for furniture, furnishings, 
wall covernings, ceilings, floorings as well as in the automobile, packaging, toys, do-it-
yourself and related sectors. 
With regard to Brazil, Lithuania and Poland, the allegation of dumping is based on a 
comparison of normal value established on the basis of domestic prices in these 
countries with the export prices of the product concerned to the Community. As far as 
Bulgaria, Estonia and Latvia are concerned, the allegation of dumping is based on a 
comparison of constructed normal value in these countries with the export prices of the 
product concerned to the Community. In view of the fact that Russia is a non-market 
economy country, the complainant has proposed that normal value be established on the 
basis of the price in a market economy third country i.e. the USA. The allegation of 
dumping is based on a comparison of normal value, as set out above, with the export 
prices of the product concerned from Russia when sold to the Community. On this 
basis the dumping margins calculated are substantial. 
With regard to injury, it was alleged that imports from the countries concerned had a 
negative impact on the quantities sold and prices charged by the Community producers, 
resulting in substantial adverse effects on the overall performance of the Community 
industry and the financial situation of the Community industry. 
3.2.18. Bicycles from Taiwan 
The notice of initiation of an anti-dumping proceeding with regard to imports of 
bicycles originating in Taiwan was published on 26 November 1997. The proceeding 
was initiated following a complaint lodged by the European Bicycle Manufacturers 
Association, representing a major proportion of Community production of bicycles. 
The complaint contained evidence of significant dumping based on a comparison of 
normal value established on domestic prices in Taiwan with the export prices of the 
product concerned to the Community. 
15 
With regard to injury, it was alleged that imports from Taiwan have increased 
significantly in absolute terms and in terms of market share. It was further alleged that 
the volume and prices of the imported products have, among other consequences, had a 
negative impact on the quantities sold and the prices charged by the Community 
producers, resulting in substantial adverse effects on the overall performance and the 
financial situation of the Community industry. 
3.2.19. Certain large electrolytic aluminium capacitors from the United States of America and 
Thailand 
The notice of initiation of an anti-dumping proceeding with regard to imports into the 
Community of certain large electrolytic aluminium capacitors originating in the United 
States of America and Thailand was published on 29 November 1997 in the Official 
Journal of the European Communities. 
The product allegedly being dumped was large electrical capacitors, non-solid, 
aluminium electrolytic, with a CV product (capacitance multiplied by rated voltage) 
between 8000 and 550000 micro-coulombs (uC) at a voltage of 160 V or more. 
The proceeding was initiated as a result of a complaint lodged by the Federation for 
Appropriate Remedial Anti-Dumping (FARAD) on behalf of Nederlandse 
Philipsbedrijven B.V. (The Netherlands) and BHC Aerovox Ltd. (United Kingdom) 
whose combined output represented a major proportion of the Community production 
of the product concerned. 
The complaint contained evidence of substantial dumping based on a comparison of the 
constructed normal value in the United States and Thailand with the respective export 
prices of the product concerned to the Community. 
With regard to injury, it was alleged that imports into the Community from the United 
States and Thailand had increased significantly, and that the volume and prices of the 
imported products had had a negative impact on the quantities sold and the prices 
charged by the Community producers, resulting in a substantial adverse effect on the 
financial situation of the Community industry. 
3.2.20. Woven glass fibre fabrics from Taiwan (anti-dumping) 
The notice of initiation of an anti-dumping proceeding with regard to imports of certain 
woven glass fibre fabrics originating in Taiwan was published on 4 December 1997. 
The proceeding was initiated following a complaint lodged by EURATEX (European 
Apparel and Textile Organisation), on behalf of the Community industry. 
The products allegedly being dumped are plain weave fabrics, woven from "E" glass 
electrical grade glass fibre yarns, that are designed as reinforcing material in laminated 
plastics for electrical and electronic use. These products conform to internationally 
recognized stands (IPC and ISO). 
16 
The complaint contained evidence of significant dumping based on a comparison of 
normal value based on domestic prices in Taiwan with the export prices of the product 
concerned when sold for export to the Community. 
With regard to injury, the complainant alleges and has provided evidence that imports 
from Taiwan have increased significantly in absolute terms and in terms of market 
share. It is further alleged that the volume and prices of the imported products have, 
among other consequences, had a negative impact on the quantities sold, the market 
share and the level of the prices charged by the Community industry, resulting in a 
substantial adverse effect on its financial situation. 
3.2.21. Woven glass fibre fabrics from Taiwan (anti-subsidy) 
The notice of initiation of an anti-subsidy proceeding was published on 4 December 
1997. The proceeding was initiated following a complaint lodged by EURATEX 
(European Apparel and Textile Organisation) on behalf of all known Community 
producers of this product. 
The complaint contained evidence that the Taiwanese producers of the product 
concerned benefit from a number of subsidies granted by the Government of Taiwan. 
These subsidies are mainly granted under the Statute for Upgrading Industries and 
include : tax credits/tax exemptions granted under a number of programmes (e.g. 
incentives for technology-based enterprises, incentives for automation, R&D 
incentives), low interest loans for certain projects, accelerated depreciation for 
machinery and equipment and a range of benefits for locating in industrial parks. The 
amount of subsidy is estimated at 30-40%. On the basis of the complaint, all these 
schemes are considered to be countervailable as they are specific to certain enterprises 
and zones. 
With regard to injury, it was alleged that imports from Taiwan have increased 
significantly in absolute terms and in terms of market share. It was also alleged that 
the volume and prices of the imports had, among other consequences, a negative impact 
on the quantities sold, the market share and the prices charged by the Community 
producers, resulting in substantial adverse effects on their financial situation. 
4. PROVISIONAL MEASURES 
4.1. Overview 
Provisional measures may be taken in accordance with the provisions of the respective 
basic Regulations where the preliminary examination shows that there is sufficient 
evidence of dumping or subsidy and of injury caused thereby to the Community 
industry, and that the Community interest calls for intervention to prevent such injury. 
17 
Provisional duties may be imposed for six months and extended for a further three 
months or they may be imposed for nine months. However, they may only be extended, 
or imposed for a nine-month period, where exporters representing, a significant 
percentage of the trade involved so request or do not object upon notification by the 
Commission. 
Individual duty rates are calculated for those exporting producers who have copperated 
with the Commission services, whereas the duty rate for non-cooperating companies is 
based on past information available. This generally leads to higher duty rates for non-
cooperating companies in order to avoid granting a bonus for non-cooperation. 
In 1997, provisional duties were imposed in 13 proceedings. As shown in Table 1, this 
figure compares to 11 in 1996 and 21 in 1995. Details of the provisional duties imposed 
in 1997 are given in Annex B, whilst this section of the report gives a summary of each 
of these cases. 
4.2. Cases 
4.2.1. Sacks and bags made of polyethylene or polypropylene from India, Indonesia and 
Thailand. 
On 10 January 1997, the Commission imposed a provisional anti-dumping duty on 
imports of sacks and bags originating in India, Indonesia and Thailand. The proceeding 
had been initiated in April 1995 following a complaint lodged by the European 
Association for Textile Polyolefins (EATP). 
Dumping 
The normal value for the exporting countries concerned was in most cases established 
on the basis of domestic selling prices. Where the domestic sales volume was found to 
be not representative, normal value was established on the basis of prices charged by 
other producers in the country concerned for representative domestic sales of the 
corresponding product type or else constructed on the basis of the cost of manufacture 
plus a reasonable amount for selling, general and administrative expenses and profit. In 
view of the large number of Indonesian exporters it was decided to select a sample of 
exporters. 
Export prices for the three countries concerned were determined on the basis of the 
prices actually paid or payable for the products sold for export to the Community. 
The provisional dumping margins established ranged from 0% to 47.2% for India, from 
23.5% to 74.3% for Indonesia and from 13.8% to 94.9% for Thailand. 
18 
Injury and causation of injury 
The analysis of the elements affecting the Community industry has shown that during 
the period under examination, namely from 1992 to the investigation period (April 1994 
to March 1995), the Community industry was confronted with dumped imports of low-
priced sacks and bags originating in India, Indonesia and Thailand. 
As result of significant price undercutting from Indian, Indonesian and Thai exporters, 
the Community industry lost 10% of its market share and had to decrease its production 
by 9% causing capacity utilisation to decrease by 8%. Prices, profitability, investments 
and employment also followed a negative trend during the same period of time. The 
Commission therefore concluded that the Community industry had been suffering 
material injury. 
Given that sacks and bags are technically a simple product, offered through similar 
sales channels to the same users in the Community, the Commission considered that 
low-priced imports from the three countries, taken in isolation, had a substantial 
negative impact on the deteriorating situation of the Community industry. 
Community interest 
Having examined all the arguments submitted by several trade associations, importers 
and producers as well as users of sacks and bags, and the impact on the competitive 
environment in the Community market, giving special consideration to the need to 
eliminate the trade distorting effect of injurious dumping and to restore effective 
competition, the Commission, on balance, found no compelling reasons for not taking 
provisional anti-dumping measures against the imports in question. 
Measures 
The Commission imposed provisional anti-dumping duties on the basis of the dumping 
margins found since these margins were all lower than the injury elimination levels 
provisionally found. 
The provisional anti-dumping duties thus imposed were between 3.2 and 47.2% for 
Indian exporters, between 23.5 and 74.3% for Indonesian exporters and between 13.8 
and 94.9% for Thai exporters. 
4.2.2. Polyester textured filament yarn (PTY) from Malaysia 
On 14 January 1997, a provisional anti-dumping duty was imposed on imports into the 
Community of Polyester textured filament yarn (PTY) originating in Malaysia. The 
proceeding had been initiated in April 1995, following a complaint lodged by the 
International Committee of Rayon and Synthetic Fibres (CIRFS), acting on behalf of 
the majority of the Community producers of PTY. Anti-dumping proceedings, 
concerning imports of the same product and originating in Taiwan, Turkey, India, 
Indonesia and Thailand were also carried out following complaints introduced by 
CIRFS. 
19 
Dumping 
The investigation revealed that sales of the product concerned on the domestic market 
during the investigation period were representative and made in the ordinary course of 
trade. Normal value could therefore be based on the weighted average domestic selling 
prices of comparable types of PTY. 
Export prices were established on the basis of the prices actually paid or payable for the 
product concerned when sold for export from Malaysia to the Community. 
A comparison between normal value and export prices, made at the same level of trade 
and after due adjustments, were warranted, showed a dumping margin for the sole 
cooperating producer in Malaysia, Hualon Corporation (M) Sdn.Bhd., of 16.4%. 
Injury and causation of injury 
With regard to injury it was found that the volume of the dumped imports of PTY 
originating in Malaysia had increased from 0 tonnes in 1991 to 7.900 tonnes in 1994, 
and this before the background of an only modestly increasing consumption level in the 
Community, with consequently decreasing market shares of all other sources of supply 
(Community producers and other importing countries). Prices charged by the Malaysian 
exporter significantly undercut European market prices by around 20%, which has to be 
considered as significant in view of the commodity type of the product concerned. 
These factors lead to a commensurate decline in the economical performance of the 
Community industry, with declining sales and market shares, employment cutbacks and 
poor financial results, which prevented the Community industry from maintaining the 
level of investment necessary in this capital intensive industrial sector. 
Community interest 
Having examined the various interests involved, it was concluded that to leave the 
Community PTY industry without protection against this injurious dumping would not 
be in the interest of the Community. It was furthermore considered necessary to restore 
fair competitive conditions in the Community market and at the same time to assure a 
non-discriminatory treatment of PTY originating in Malaysia as compared to imports of 
PTY originating in other third countries, which are presently also subject to anti­
dumping measures. 
Measures 
Since the level of injury found exceeded the dumping margin, the provisional duty was 
imposed at the level of the latter, i.e. at a rate of 16.4%. 
20 
4.2.3. Certain footwear with textile uppers from Indonesia and the People's Republic of China 
On 1 February 1997, a provisional anti-dumping duty was imposed on imports of 
certain footwear with textile uppers originating in Indonesia and the People's Republic 
of China. This proceeding was initiated in February 1995 following a complaint lodged 
by the European Footwear Confederation (CEC) on behalf of the Community producers 
of the product concerned. 
Dumping 
In view of the number of exporters in Indonesia and the People's Republic of China, a 
sample of exporters was selected in each country with a view to being submitted to an 
in-depth investigation. 
In the case of the People's Republic of China, which was considered a non-market 
economy, normal value was established on the basis of the situation in an analogue 
country. Indonesia was considered the appropriate choice and normal value for the 
People's Republic of China was established by adding a reasonable amount for sales, 
general and administrative expenses and profit to the manufacturing cost of each model 
incurred by the Indonesian producers for models comparable to those exported by the 
Chinese exporters. 
Since exports of the footwear concerned from the exporters in both samples were made 
directly to independent customers in the Community, the export prices were established 
on the basis of the actual export prices actually paid or payable. 
The dumping margins for the exporters in the sample for Indonesia ranged from 0% to 
28.5%, with a weighted average to be applied to the cooperating exporters outside the 
sample of 15.4%. The residual dumping margin, applicable to all other exporters, 
amounted to 53%. 
A single dumping margin was calculated for the People's Republic of China. It 
amounted to 138.7%. 
Injury and causation of injury 
It was found that the Community industry had suffered material injury which was 
shown by, among other indicators, a significant drop in production, market share, 
employment and a strong downward trend of the profit rates. A number of company 
closures had also occurred. 
As far as causation is concerned, it was found that the increasing volume and market 
share of the dumped imports in combination with their undercutting and decreasing 
prices coincided with the loss of market share and the price depression suffered by the 
Community industry. No other factor was identified which could have contributed to 
the injury suffered by the Community industry. 
21 
Community interest 
All the various interests involved were examined. No compelling reasons not to take 
action against the imports in question came to light. 
Measures 
The anti-dumping duty was based on the injury elimination level found, in each case 
where it was lower than the dumping margin. The provisional anti-dumping duty 
ranged from 0% to 36.5% (residual) for Indonesia, and was 94.1% for the People's 
Republic of China. 
4.2.4. Handbags from the People's Republic of China 
On 3 February 1997, a provisional anti-dumping duty was imposed on imports into the 
Community of certain handbags originating in the People's Republic of China. The 
proceeding was initiated in May 1996, as a result of a complaint lodged by the 
European Committee for Leather Goods Industries (CEDIM), whose collective output 
represented a major proportion of Community production of handbags. 
Dumping 
Since the People's Republic of China is a non-market economy country, the 
Commission determined the normal value on the basis of data obtained from producers 
in a market economy third country. Following a selection process in which several 
countries were considered, including Taiwan which was suggested by the complainant, 
the Commission chose Indonesia as analogue country because of the existence of, inter 
alia, the production of handbags with similar characteristics and similar production 
processes. 
Normal value was calculated on the basis of the cost of production of the Indonesian 
producers to which a reasonable amount was added for selling, general and 
administrative costs and for profits. 
Given the low level of co-operation of Chinese exporters (1.28% of all exports from the 
People's republic of China), the export prices of the co-operating exporting producers 
could not be considered representative of the prices charged by the non-co-operating 
exporters. In this respect, the Commission considered it appropriate to resort to the CIF 
import prices of the unrelated importers sampled for purposes of the injury 
determination. 
Two co-operating exporting producers requested individual treatment. Both companies 
were able to show, to the satisfaction of the Commission, that the management and 
control of the factories located in China were clearly in their hands and that their 
operations were sufficiently independent from the Chinese Authorities and they 
therefore were granted individual treatment. 
22 
The provisional dumping margins established ranged from nil for one of the companies 
having been granted individual treatment to 129.1% for the exporters that did not obtain 
individual treatment. 
Injury and causation of injury 
It was found that the imports of Chinese handbags increased between 1992 and the 
investigation period by 43% in units and by 25% in value. The share of those imports in 
the Community consumption grew from 51% to 60% over the same period. An average 
margin of undercutting of 28% was found. 
Sales of the Community industry in the Community market decreased by 12% between 
1992 and the investigation period and its market share decreased from 21% to 15.3% 
over the same period. Profitability decreased from 4.7% to 1.3%, while employment 
declined from 76.000 to 57.000 people. In the light of the above, the Commission 
considered that the Community industry had suffered material injury which was caused 
by Chinese imports. 
Community interest 
Having examined the various interests involved, the Commission considered that there 
were no compelling reasons not to take action against the imports in question. 
Measures 
For the exporting producers not being granted individual treatment, a provisional anti­
dumping duty of 39.2% (injury margin) was imposed. For the exporters being granted 
individual treatment, the duty amounted to nil for Jane Shilton (Pacific) Ltd., and to 
30.7% for Lee & Man. 
4.2.5. Unwrought, unalloyed zinc from Poland and Russia 
On 25 March 1997, a provisional anti-dumping duty was imposed on imports into the 
Community of unwrought, unalloyed zinc originating*in Poland and Russia. 
The proceeding had been initiated on 9 June 1995, following a complaint lodged by the 
European Association of Metals (Eurométaux) on behalf of several producers which 
account for a major proportion of total Community production of the product 
concerned. 
Dumping 
For the Polish exporters normal value has in general been established on the basis of 
sales of the like product on the domestic market, provided these were made in sufficient 
quantities and in the ordinary course of trade. 
23 
Since Russia is considered to be a non-market economy country, its normal value was 
based on that established for one of the Polish companies as this company was found to 
have a production process identical to most of the Russian producers. 
Export prices for Poland were established on the basis of prices actually paid or payable 
for the product when sold to the Community. Export prices for Russia were based on 
Eurostat statistics. 
The comparison between normal values and export prices showed provisional dumping 
margins of 5.5% and 14.4% for Poland and 7.4% for Russia. 
Injury and causation of injury 
With regard to injury it was found that the volume of the dumped imports of 
unwrought, unalloyed zinc originating in Poland and Russia had increased from 19,683 
tonnes in 1991 to 107,572 tonnes in the period 1 April 1994 to 31 March 1995, as over 
the same period, consumption on the Community market had increased by almost 10% 
the market share of imports from Poland and Russia increased from 1.06% in 1991 to 
5.28% in the 1994/95 period. 
From 1991 to the 1994/95 period, the Community industry's sales in the Community 
dropped 17% and its corresponding market share declined to 31%. Due to the 
particularities of the production process and the existence of the London Metal 
Exchange (LME) which operates as a semi-floor price for producers of Special High 
Grade zinc, the capacity utilisation rate of the European producers remained high but 
stocks of zinc that are not subject to the LME warrant system more than quadrupled, 
production declined by 8%, employment decreased by 23.5% and its losses widened to 
almost 5%. 
The prices charged by the exporters to industrial users in the Community consistently 
and significantly undercut the prices of the Community industry. It was concluded that 
injury was caused by imports of zinc from Russia and Poland. 
Community interest 
Taking into account that the Community industry's price is based on the (world market) 
LME quotation, that the price undercutting practiced by the exporters caused material 
injury, that continued injury might bring about the closure of plants in some 
economically vulnerable areas, and that it was assessed that the effect of anti-dumping 
measures on users should be minimal as the full elimination of injury would result in 
them paying the world market price, it was considered that it was in the Community 
interest to apply anti-dumping measures. 
Measures 
As the Community industry's price is based on the LME quotation (world market 
price), the injury elimination margin was based on price undercutting and found to be 
8.8 and 18.5% as regards imports from Poland and 5.5% as regards imports from 
Russia. 
24 
The provisional measures on imports from Poland were imposed at the level of the 
dumping margin which was found to be lower than the injury margin: accordingly, for 
the Polish exporters the provisional duty rate was set at 5.5% and 14.4%, respectively. 
As regards Russia, a provisional duty was imposed at the rate of 5.5% corresponding to 
the injury elimination margin. 
4.2.6. Certain seamless pipes and tubes, of iron or non-alloy steel from Russia, the Czech 
Republic, Romania and the Slovak Republic 
On 31 May 1997, provisional anti-dumping duties were imposed on imports into the 
Community of certain seamless pipes and tubes originating in Russia, the Czech 
Republic, Romania and the Slovak Republic. The proceeding had been initiated on 31 
August 1996, following a complaint lodged by the Defence Committee of the Seamless 
Steel Tube Industry on behalf of the Community industry. 
Dumping 
Dumping was found for all the exporters investigated. For the Czech Republic, the 
dumping margins provisionally found amounted to 5.2% for cooperating exporters and 
46.8% for non-cooperators, while for Romania the dumping margins amounted to 
10.8% for cooperating exporters and 38.2% for non-cooperators. With regard to the 
sole exporter located in the Slovak Republic, the dumping margin amounted to 8.9%. 
A margin of 32.9% was found for exporters located in Russia - none of which 
cooperated with the investigation - using the Czech Republic as the analogue country. 
Injury and causation of injury 
In respect of injury, it was found that during the period under consideration (January 
1992 to August 1996) the Community industry attempted to stabilise a situation already 
weakened by past dumping and to re-establish positive financial results. The 
Community industry could not, however, reach a satisfactory level of profitability as it 
was subject to growing pressure from dumped imports from the countries under 
investigation, which increased by 45% over the period under consideration. This 
corresponded to an increase (from 14.2% to 20.2%) in the market share held by such 
imports. The Community industry could not, therefore, reach a satisfactory level of 
profitability. Moreover, it continuously lost market share and experienced further 
downturn in output and capacity utilisation. Finally, it was concluded that injury was 
caused by imports from the countries concerned. 
Community interest 
Having examined all the various interests involved, it was concluded that there were no 
compelling reasons not to remedy the trade distorting effects of injurious dumping. 
25 
Measures 
The anti-dumping duty for all exporters concerned was based on the dumping margin 
found as this was in all cases lower than the injury elimination level. Consequently, the 
provisional duties ranged between 5.2% and 46.8% for the countries concerned. 
4.2.7. Flat pallets of wood from Poland 
On 6 June 1997 the Commission adopted provisional anti-dumping measures on 
imports into the Community of flat pallets of wood originating in Poland. The 
proceeding had been initiated on 13 July 1995, following a complaint lodged by Anton 
Heggenstaller AR, specifically on behalf of the Fédération des fabricants de palettes et 
emballages en bois (FEFPEB), which in turn acts on behalf of all its member 
associations and also on behalf of several individual Community producers. 
In view of the large number of Polish exporters and Community producers, the 
Commission services applied sampling and selected two groups of companies, one 
consisting of 10 Polish exporters, the other consisting of 9 Community producers, in 
order to investigate the existence and level of dumping and injury, in accordance with 
Art. 17 of the anti-dumping Regulation of the Community. 
Dumping 
In general, normal value had to be constructed since domestic sales of the companies 
investigated were not made either in sufficient quantities or in the ordinary course of 
trade. However, for one pallet type normal value could be established on the basis of 
prices paid, in the ordinary course of trade, by independent customers in Poland. 
As regards export price, it was established for nearly all companies by reference to the 
prices actually paid or payable for the pallets sold for export to independent importers 
in the Community. For producers which made exports to a related importer in the 
Community export prices were constructed on the basis of the prices at which the 
related importer sold to independent buyers. 
The investigation revealed the existence of dumping in respect of nearly all companies 
investigated. The provisional dumping margins for the eight companies expressed as a 
percentage of the CIF import price at the EU-border varied from 4.0% to 10.6%. To the 
other co-operating companies not being investigated the*weighted average margin of the 
sample - 6.3% - was applied, in accordance with Art. 9(6) of the basic regulation. 
For non-co-operating companies, provisional dumping margins had to be assessed on 
the basis of best information available. For this purpose, the highest dumping margin 
found for the investigated companies was taken: 10.6%. 
26 
Injury and causation of injury 
As for injury caused by the dumped imports, the investigation has shown that all injury 
factors - market share, production, employment and profitability of the Community 
producers as well as price evolution - deteriorated during the period under examination, 
which is 1991 to 1994. Furthermore, price comparison showed that Polish pallets were 
sold on the Community market at prices undercutting those of the Community industry. 
Against this background and based on a detailed analysis, it was concluded that injury 
was caused by the dumped imports from Poland. 
Community interest 
As for Community interest, the Commission concluded that, on balance, no compelling 
reasons exist that would point against the imposition of Anti-Dumping measures. 
Provisional measures 
The Commission accepted price undertakings (minimum price) offered from a group of 
around 30 companies with regard to the most important pallet type, the EUR-pallet, and 
did not impose any provisional duties on imports of EUR-pallets from the companies 
concerned. 
Furthermore, the following provisional anti-dumping duties were adopted for the 
remaining companies and/or pallet types: 
a) Companies investigated as members of the sample of Polish exporters: duties range 
from 4.0% to 10.6% 
b) Other co-operating but not investigated companies: 6.3% 
c) residual duty applicable to non-co-operating companies: 10.6% 
The duties are at the level of the dumping margins since the level of the injury exceeded 
the latter. 
Amendment of provisional measures 
On 14 August 1997 the Regulation imposing the provisional measures was amended to 
avoid that new Polish exporters, i.e. exporters which did not exist or export the product 
to the Community in the period of investigation, are treated like non-co-operators. 
Indeed, through the amendment a number of genuine new Polish exporters were granted 
the same treatment, in terms of provisional measures, as the one given to co-operating 
companies not selected for the sample. The new exporters concerned were hence 
applied a duty of 6.3% instead of the residual duty of 10.6% and undertakings were 
accepted with regard to the EUR-pallet. 
27 
4.2.8. Cotton-type bed linen from Egypt, India and Pakistan 
In June 1997, provisional anti-dumping duties were imposed on imports into the 
Community of cotton-type bed linen originating in Egypt, India and Pakistan. The 
proceeding had been initiated in September 1996 following a complaint lodged by the 
Committee of the Cotton and Allied Textile Industries of the European Union 
(Eurocoton) acting on behalf of a major proportion of Community production. 
Dumping 
Due to the large number of exporting producers in the countries concerned, the 
Commission used sampling for the investigation of dumping. Dumping was found for 
all exporting producers investigated by comparing constructed normal values with 
export prices to the Community. The provisional dumping margins established ranged 
from 9.1% to 13.5% for Egypt, from 3,9% to 27.3% for India and from 0.2% (de 
minimis) to 8.2% for Pakistan. 
Injury and causation of injury 
The Community industry was found to have suffered material injury during the period 
1992-96, particularly in terms of declining and inadequate profitability and price 
development. During this period 29 companies ceased or reduced bed linen production 
and the total volume of sales by Community producers in the Community fell by 17%. 
A direct causal link between the increased volume of the dumped imports and the 
material injury suffered by the Community industry was found. Indeed between 1992 
and 1996 the market share of the dumped imports from the countries concerned 
increased from 16.9% to 25.1% whilst the market share of the Community producers 
decreased from 62.2% to 55.6%. At the same time substantial price undercutting of the 
Community industry's prices by the dumped imports' prices was found ranging from 
il.9%to53.7%. 
Community interest 
All various interests involved were examined in particular those of the Community 
industry and its suppliers, the interests of importers, retailers and other purchasers and 
the interests of consumers. The Commission considered that there were no compelling 
reasons not to impose measures in order to correct the distortive effect of injurious 
dumping, to restore a competitive regime of fair pricing practices and prevent further 
injury to the Community industry. 
Measures 
In all cases, the injury elimination level was found higher than the dumping margins 
established and therefore the provisional duties were based on the latter. The rate of the 
duties ranged from 9.1% to 13.5% for Egypt, from 3.9% to 27.3% for India and from 
0% to 8.2% for Pakistan. 
28 
4.2.9. Advertising matches from Japan 
On 16 June 1997, the Commission imposed a provisional anti-dumping duty on imports 
into the Community of advertising matches originating in Japan. The proceeding had 
been initiated in August 1994, following a complaint lodged by the Federation 
Européenne des Fabricants d'Allumettes (FEFA). 
Dumping 
The normal value was established on the basis of domestic prices in Japan when the 
product concerned was sold in sufficient quantities and in the ordinary course of trade. 
When no sufficient sales were made on the domestic market or when they were found 
not to be in the ordinary course of trade, the normal value was constructed on the basis 
of the manufacturing cost to which margins for SGA and for a reasonable profit were 
added. Export prices were determined on the basis of the sales prices to the first 
unrelated buyers in the Community. The dumping margins established for Japanese 
exporters ranged between 12.2% and 63.5%. 
Injury and causation of injury 
The Commission concluded that the Community industry has been suffering material 
injury as the investigation has shown that for the period under examination, that 
industry, confronted with dumped imports of low-priced advertising matches 
originating in Japan, has lost an important share of the market as measured in value, 
while Japanese imports significantly increased. 
Although production could be maintained and prices slightly increased, it appeared that 
the sales prices of the Community industry were below the cost of production, and that 
these prices were being undercut by those of imports originating in Japan. In addition, 
profitability was very negative in certain sales segments, cash flow considerably 
decreased and certain vital investments could not be made without compromising the 
whole financial situation of the Community industry. Employment had also to be 
significantly reduced and jobs are still in jeopardy owing to the precarious situation in 
this sector. 
Given that advertising matches are technically a simple product, offered through similar 
sales channels to the same users in the Community, it was considered that the low-
priced imports had a substantial negative impact on the deteriorating situation of the 
Community industry. Indeed, it has been found that the performances of the 
Community industry were more negative where the presence of Japanese imports was 
strongest. 
Community interest 
Having examined all the arguments submitted by the importers and producers of 
advertising matches, special consideration being given to the need to eliminate the trade 
distorting effect of injurious dumping and to restore effective competition, the 
Commission, on balance, found no compelling reasons for not taking provisional anti­
dumping measures. 
29 
Measures 
The Commission imposed provisional measures in the case of three companies at the 
level of the injury margin, as this was found to be lower than the dumping margin. For 
the fourth exporter the duty level was based on its dumping margin as this was found to 
be lower than the injury margin. The provisional anti-dumping duties thus imposed 
were between 9.4% and 23.7%. 
4.2.10. Glyphosate from the People's Republic of China 
On 4 September 1997, a provisional anti-dumping duty was imposed on imports of 
glyphosate originating in the People's Republic of China. The proceeding had been 
initiated on 19 October 1995 following a complaint lodged by Monsanto Europe 
SA/NV (Belgium), with the support of Cehminova Agro A/S (Denmark), representing a 
major proportion of the Community production of glyphosate.. 
Product 
The product concerned is glyphosate, which is used as a non-selective herbicide. 
Glyphosate can be produced in different grades or forms of concentration : formulated 
(with 36% glyphosate content), salt (with 62%), cake (with 84%) and acid (with 95%). 
Dumping 
The People's Republic of China being considered as a non market economy country, 
normal value was determined on the basis of the situation in an analogue country, i.e. 
Brazil. 
Normal value was established for the two forms of glyphosate sold in Brazil, acid and 
formulated glyphosate on the basis of the cost of production plus a reasonable amount 
for selling, general and administrative expenses and a profit margin judged not to 
exceed the profit normally realised by producers on sales of the same category of 
product in Brazil. For formulated glyphosate, nomal value was established on the basis 
of the weighted average prices actually paid for all domestic sales. 
Export prices were established on the prices actually paid or payable for the products 
sold from China for export to the Community. 
Provisional conclusions showed a dumping margin of 38.2% for the product concerned. 
Injury and causation of injury 
With regard to injury, it was found that the volume of dumped import increased from 48 
tonnes in 1991 to 1,397 tonnes in 1995, representing an increase of market share from 1 
to 11%, and resulting in decreasing market shares for the Community industry. Prices 
of products based on Chinese exports undercut those of the Community industry by a 
weighted average of 12.9% in the EC market. These factors led to a proportionate 
decline in the economical performance of the Community industry, with falling market 
shares, prices and profitability. 
30 
Although the decrease in market share, prices and profits suffered by the main European 
producer in the period examined can be attributed, to a certain extent, to the expiry of 
the patent in 1991 (such developments are to be expected in all cases following patent 
expiry), it was concluded that the dumped imports had aggravated this negative trend, in 
particular because the prices of the Chinese imports of acid were found to be lower than 
the cost of production of acid of both Community producers thus putting downward 
pressure on the prices of end-product in the Community. 
Community interest 
Having examined the various interests involved, it was concluded that the rapid 
progression of the Chinese imports indicated that in the absence of measures the 
Chinese would further increase their presence in the Community market. This would 
result in a further erosion of profitability of the Community industry and lead this 
industry to limit future investment or even to cease the production in the Community. 
No compelling reasons not to take action against the import in question were found. 
Measures 
As the level of dumping found exceeded the level of injury, provisional duties were at 
the level of the latter, i.e., 21.1%. 
4.2.11. Stainless steel fasteners and parts from the People's Republic of China, India, the 
Republic of Korea, Malaysia, Taiwan and Thailand 
On 4 September 1997, a provisional anti-dumping duty was imposed on imports into 
the Community of stainless steel fasteners and parts (SSF) originating in the People's 
Republic of China, India, the Republic of Korea, Malaysia, Taiwan and Thailand. The 
proceeding had been initiated in December 1996, following a complaint by the 
European Industrial Fasteners Institute (EIFI), acting on behalf of the Community SSF 
industry. 
Dumping 
In general, normal values for the exporting countries concerned were based on domestic 
selling prices for types of SSF comparable to those exported to the Community. Where 
no such sales existed, or where sales where made outside the ordinary course of trade 
(i.e. loss-making sales or sales between related parties), normal value was based on the 
costs of manufacture of the individual co-operating producers plus a reasonable amount 
for selling, general and administrative expenses and profit. 
Since the People's Republic of China is considered to be a non-market economy 
country, it was necessary to compare the export prices of the product concerned 
originating in this country with prices or costs in a market economy country. Taiwan 
was eventually considered the most appropriate country for this purpose. Normal value 
for the People's Republic of China was therefore established on the basis of the 
domestic sales or costs of the co-operating Taiwanese producers on the domestic 
market. 
31 
Export prices were established in most of the cases on the basis of the prices actually 
paid or payable for the products sold for export to the Community. 
Since the level of co-operation in the People's Republic of China was found to be low, 
export prices provided by the co-operating exporters were disregarded and average 
export prices established on the basis of Eurostat data were compared to the average 
normal values established for Taiwan. 
The provisional dumping margins established ranged from 16.2% to 75.7% for the 
producers in the People's Republic of China, from 47.9% to 133.5% for the producers 
in India, from 24% to 26.7% for the producers in Korea, from 6.6% to 9.5% for the 
producers in Malaysia, from 8.3% to 27.7% for the producers in Taiwan, and from 
13.3% to 32.9% for the producers in Thailand. 
Injury and causation of injury 
From an analysis of injury factors, the Commission concluded that the Community 
industry had suffered material injury. This assessment was based in particular on the 
decline in market share and profitability. Further more the financial situation of the 
Community deteriorated despite having increase production and productivity. 
The Commission calculated an undercutting margin for exporting companies by 
comparing their prices on the Community market to those of the Community industry at 
the same level of trade. The undercutting margins established ranged from 39.4 to 
39.8% for China, 21.8 to 42.5% for Malaysia, 17.8 to 60.9% for Taiwan. 23.6 to 36.6% 
for India, 22.7% for Korea and from 25 to 33.5% for Thailand. 
The Commission identified a clear correspondence in time between the increasing 
volume and market shares of the dumped imports at low prices and the loss of market 
shares, price depression and the decrease in profitability suffered by the Community 
industry. On this basis it was found that the imports concerned had caused material 
injury to the Community industry. 
Community interest 
The investigation concluded that it was in the Community interest to restore fair 
competition on the Community market, and to ensure that the Community producers of 
SSF were able to achieve a price level which allowed them to remain competitive. 
Furthermore, it was concluded that the negative impact of the measures on 
importer/traders and users was likely to be limited. 
Measures 
Since the level of injury found exceeded the dumping margins provisionally 
established, provisional duties were established at the level of the latter : for China, 
between 16.2% and 75.7%, for Malaysia, between 6.6% and 9.5%, for Taiwan, between 
8.3% and 27.7%, for India, between 47.9% and 133.5%, for Korea, between 24% and 
26.7% and for Thailand, between 13.3% and 32.9%. 
32 
4.2.12. Ferro-silico-manganese from the People's Republic of China 
On 16 September 1997, a provisional anti-dumping duty was imposed on imports into 
the Community of ferro-silico-manganese originating in the People's Republic of 
China. The proceeding had been initiated in December 1996, following a complaint 
lodged by EuroAlliages (Liaison Committee of the Ferro-Alloy Industry), acting on 
behalf of the majority of Community producers of ferro-silico-manganese, 
Dumping 
As the People's Republic of China is considered to be a non-market economy country, 
it was necessary to establish the normal value on the basis of domestic sales prices of a 
market economy country, in this case Brazil. 
The export price was determined on the basis of the prices found for the co-operating 
exporters, traders and importers. The comparison between normal value and export 
prices showed on a provisional basis a dumping margin of 26.1%. 
Injury and causation of injury 
After examination of all elements affecting the Community industry, the Commission 
concluded that the latter suffered material injury. This assessment was based on the 
increasing stocks and the negative profitability of the Community industry since 1993. 
Furthermore, it was found that the volume of dumped imports of ferro-silico-manganese 
originating in the People's Republic of China had increased from 12,000 tonnes in 1993 
to 75,400 tonnes in 1996, which corresponds to an increase of market share from 2.4% 
to 14%. 
The Chinese imports of ferro-silico-manganese had a significant adverse effect on the 
Community industry which was still suffering from the dumped practices found in a 
previous investigation caused by exports of ferro-silico-manganese from Brazil, South 
Africa, Ukraine and Russia. 
The Chinese imports at dumped prices significantly undercut the Community industry's 
sales prices by 7.6% and impeded thereby the recovery of the Community industry from 
the past dumping practices of the four above-mentioned countries. 
Community interest 
The Commission considered that following the results of the investigation, it was 
necessary to restore fair competitive conditions on the Community market. Owing to 
the low level of cooperation from the user industry, no representative information was 
available to the Commission. Nevertheless, the effects on the users were examined and 
it was concluded that price increases of ferro-silico-mangartese following a dumping 
measure would not significantly affect its main users (particularly the steel industry). 
33 
Measures 
As the dumping margin exceeded the level of injury found, provisional duties were 
imposed at the level of the latter, i.e. at 19.6%. 
4.2.13. Personal fax machines from the People's Republic of China, Japan, the Republic of 
Korea, Malaysia, Singapore, Taiwan and Thailand 
On 1 November 1997, provisional anti-dumping duties were imposed on imports into 
the Community of personal fax machines originating in the People's Republic of China, 
Japan, Korea, Malaysia, Singapore, Taiwan and Thailand. The proceeding had been 
initiated, following a complaint lodged by Philips Personal Fax Electronik Fabrik, 
Communications Systems, Wien Microelectronics. 
Dumping 
Dumping was found for all exporters investigated. The margins provisionally found 
amounted to between 9.2% and 24.5% for Korean exporters, 42.3% and 109.4% for 
exporters in Japan, 6.0% and 56.2% for Taiwanese exporters, 26.5% for the exporter in 
Singapore, 9.9% for the Thai exporter and between 43.1% and 58.1% for the Chinese 
exporters. 
It was decided to calculate individual dumping margins for two companies which sold 
personal fax machines of Chinese origin, since the investigation revealed that the export 
prices to the Community and the marketing policies were determined without any 
interference from the Chinese State. 
Residual margins were established for non-cooperating companies, which turned out to 
be quite numerous in that proceeding. For Malaysia, from which no cooperation was 
received at all, the margin amounts to 109.4%. 
Injury and causation of injury 
The situation of the Community industry had to be assessed taking into account a 
substantial increase in their production capacities in 1993-1994, with a subsequent 
increase in both their sales volume and market shares between 1993 and 1994. 
However, their sales volume and market shares decreased between 1994 and 1996, 
resulting in a lower capacity utilisation. The Community industry's sales prices also fell 
between 1994 and 1996, which resulted in increased losses. As for employment, it 
decreased by 21.7% in 1996. 
Between 1994 and 1996, the import volume and market shares of the exporting 
countries increased whereas their sales prices decreased: significant price undercutting 
was found from all the exporting countries, ranging on average between 4.6% and 
19.3%. 
34 
A causal link was established between the dumped imports and the injury suffered by 
the Community industry. It was found that the penetration of the Community market by 
imports at dumped prices sold through the same distribution channels and in the same 
transparent market, which significantly undercut the prices of the Community industry, 
coincided with a loss of market shares and a deterioration of the financial situation of 
the Community industry. The negative impact of the dumped imports on the situation of 
the Community industry must be qualified as material. 
An injury removal margin was established, taking into account the Community 
industry's cost of production and a profit margin of 12% on cost of production which 
was considered appropriate under normal competitive conditions. Residual margins 
were calculated for non-co-operating companies. The injury margins thus established 
ranged from 17.4% to 73.1% for Korea, from 7% to 34.9% for Japan, from 23.5% to 
74.2% for China, from 13.5% to 39.5% for Singapore, from 32.4% to 36.6% for 
Taiwan, from 40.7% to 47.3% for Thailand and 89.8% for Malaysia. 
Community interest 
On the basis of the information gathered from various importers of personal fax 
machines, it was provisionally concluded that it was not against the Community interest 
to impose anti-dumping measures. 
Measures 
The provisional measures were based on the dumping margins unless the injury margins 
were lower. The anti-dumping duties range from 6.0% to 45.6% for the cooperating 
companies, and from 22.0% to 89.8% for non-cooperating companies. 
5. DEFINITIVE MEASURES 
5.1. Overview 
Definitive measures may be taken where the facts, as finally established during the 
investigation, show that there is dumping or subsidisation, that injury is caused thereby, 
and that the Community interest calls for intervention. Definitive anti-dumping or 
countervailing duties are imposed by the Council, acting by simple majority on a 
proposal submitted by the Commission. 
For certain exporting exporters, investigations might also be terminated if they undertake 
to revise their export prices. The Commission will accept such voluntary undertakings 
offered by exporters if it is satisfied that the injurious effect of dumping is effectively 
eliminated. In this case, no definitive duties will be adopted for the exporters concerned. 
35 
In 1997, definitive duties were imposed in 24 cases, compared to 23 in 1996 and 13 in 
1995, as shown in Table 1. It should be noted that in the case unbleached cotton fabric 
originating in the People's Republic of China, Egypt India, Indonesia, Pakistan and 
Turkey, the Council was unable to find the majority necessary to adopt the 
Commission's proposal for definitive measures. This is the first case under the new 
statutory deadlines in which the Council did not impose definitive duties despite a 
Commission proposal for measures. 
Whilst details of the definitive duties imposed in 1997 can be found in Annex C, a 
summary of each case is given below. 
5.2. Cases 
5.2.1. Certain ring binder mechanisms from Malaysia and the People's Republic of China. 
In January 1997, définitive anti-dumping measures were imposed on imports of certain 
ring binder mechanisms originating in Malaysia and the People's Republic of China. 
The investigation had been initiated in October 1995 and provisional anti-dumping 
measures had been imposed in July 1996. This was the first case subject to mandatory 
time limits. 
Dumping 
The dumping margin was 42.8% for the sole Malaysian exporter. 
Normal value for the People's Republic of China was determined by reference to the 
Malaysian domestic market. As the Malaysian exporter and four of the five Chinese 
exporters sold the product concerned to the EC via related importers, the export price 
had to be constructed in nearly all cases on the basis of the selling price to the first 
independent customer in the Community. 
Three Chinese exporters requested individual treatment. After an evaluation of the 
facts, it was concluded that individual treatment could only be granted to one of them. 
The individual dumping margin for that company was found to be 96.6%, and 129.2% 
for the other Chinese exporters. 
Injury and causation of injury 
It was found that the Community industry had suffered material injury which could be 
established, amongst other factors, by a drop in market share and financial losses 
despite the reduction in costs. These losses were caused by a heavy fall in sales price 
due to significant price undercutting by the imports concerned. 
36 
As far as causation is concerned, it was found that the increasing volume and market 
share of the dumped imports in combination with their undercutting and decreasing 
prices coincided with the loss of market share and the price depression suffered by the 
Community industry. No other factors were identified which could have contributed to 
the injury suffered by the Community industry. 
Community interest 
Following the imposition of provisional measures, all interests involved were further 
examined. While the situation of the Community industry was precarious and did call 
for intervention, no compelling reasons not to act were found in the examination of the 
possible negative impact of measures. Indeed, it was found that the users of RBM, the 
binder manufacturers, were not likely to be confronted either with a reduction of 
demand or a surge of imports of finished products. 
« 
Measures 
The anti-dumping duty was based for all exporters on the injury elimination margin 
found, as this level was lower than the dumping margin. The definitive anti-dumping 
duty imposed was 10.5% for Malaysia, 32.5% for the exporter having received 
individual treatment, and 39.4% for all other exporters in the People's Republic of 
China. 
5.2.2. Gas-fuelled, non refillable pocket flint lighters from Thailand, the Philippines and 
Mexico 
On 3 March 1997, the Council imposed definitive anti-dumping duties on imports of 
gas-fuelled, non refillable pocket flint lighters (usually known as DFL, i.e. disposable 
flint lighters) originating in Thailand, the Philippines and Mexico. Two investigations 
had been initiated in March 1995 on the basis, on the one hand, of a request for an 
interim review concerning the measures in force in respect of imports originating in 
Thailand, and, on the other hand, of two complaints concerning Filipino and Mexican 
imports respectively. The review request and the complaints had been lodged on behalf 
of a major proportion of DFL-producers in the Community. As it was decided to 
combine the review and the new investigation, no provisional duties were imposed 
beforehand. 
Dumping 
For Thailand, normal values were based on domestic selling prices for most models 
while for the Philippines and Mexico they were constructed on the basis of the cost of 
manufacture of exported models plus a reasonable amount for selling, general and 
administrative costs and for profit. 
For Thailand, export prices were established on the basis of the prices charged to an 
independent importer in the Community. As the Filipino and Mexican exporters sold 
DFL to the Community via related importers, the export prices had to be constructed on 
the basis of the resale price to the first independent customer in the Community. 
37 
The dumping margins definitively established were 51.9% for Thailand, 27.1% for 
Mexico and ranged between 36.7% and 52.6% for the Philippines. 
Injury and causation of injury 
As far as injury is concerned, it was established that the prices of imports undercut the 
Community industry's average price by more than 30%. The Community producers 
were found to have lost an 8.5 percentage point share of the Community market while 
the three countries concerned, with a 15% market share, had captured an additional 10% 
of the market during the five year period examined. 
In this difficult context, the Community industry's overall profitability remained very 
low and, although Community producers appeared to be in the process of recovering 
from the effects of past dumping, their situation was still very precarious. Under these 
circumstances it was concluded that the Community industry had suffered material 
injury. 
Notwithstanding the fact that another element, namely the dumped imports from the 
People's Republic of China, might have had a negative impact on the Community 
industry, it was established that the dumped imports from Thailand, the Philippines and 
Mexico had by themselves caused material injury to the Community industry. 
Community interest 
The interests of consumers were examined but this examination did not alter the 
conclusion that it would be in the Community interest to impose measures. Indeed, it 
could be established that, given the low unit price of this item and the very limited 
amount spent on it per individual, the measures were likely to have a very limited 
impact, if any, on the budget of the consumer. 
Measures 
The definitive measures imposed consist of ad valorem duties individually set at the 
rate of 5.8% for one Thai exporter and 13% for one Filipino exporter, as well as 
applicable country-wide duties at the rate of 51.9% for Thailand, 43% for the 
Philippines and 27.1% for Mexico. However, the three main exporters in each country 
concerned offered undertakings which were found to be acceptable. These exporters 
were therefore excluded from the scope of the duties. 
5.2.3. Polyester textured filament yarn (PTY) from Malaysia 
The preliminary determination was confirmed at the definitive stage, and a definitive 
duty was imposed on 2 June 1997 (for details see 4.2.2). 
38 
5.2.4. Handbags from the People's Republic of China 
On 1 August 1997, the Council imposed a definitive anti-dumping duty on imports of 
leather handbags originating in the People's Republic of China and terminated the 
proceeding concerning imports of textile and plastic handbags. The proceeding had 
been initiated on 4 May 1996, following a complaint lodged by the European 
Committee for Leather Goods Industries (CEDIM). Provisional anti-dumping duties 
were imposed on 3 February 1997 on both leather and plastic and textile handbags. 
Product under consideration 
For the purpose of the preliminary findings the Commission considered all handbags 
(leather, plastic and textile) as forming one product. An investigation conducted after 
the imposition of provisional measures showed that leather handbags on the one hand 
and synthetic handbags (textile and plastic) on the other were different with respect to 
their physical characteristics, uses, interchangeability and consumer perception. 
Therefore leather handbags and synthetic handbags were considered to be two different 
products. 
Dumping 
The Council confirmed the choice of Indonesia as an analogue country for the 
determination of normal value. In view of the new findings on the product concerned, 
separate normal values were calculated for both products. 
Export prices for the co-operating exporters were confirmed. Individual treatment was 
granted to a third co-operating exporter (Gebr. Picard International Ltd.). Concerning 
export prices of the non-co-operating Chinese exporters, the Council confirmed the use 
of the prices paid by the unrelated importers sampled for the examination of injury. 
Dumping margins found for the non-co-operating exporters amounted to 83.5% for 
leather handbags and 151% for synthetic handbags. Concerning the co-operating 
exporters, which were granted individual treatment, dumping margins found for leather 
handbags amounted to nil for Shilton and to 7.7% for Gebr. Picard Ltd.. 
Injury and causation of injury 
a) Leather handbags 
It was found that imports of leather handbags from the People's Republic of China 
increased their share of the Community market by 27% between 1992 and the 
investigation period, in a market that had increased by about 2.5%. A level of price 
undercutting of 31.4% was established. 
39 
Community producers suffered from a decline of sales of around 5% and their share of 
the Community market decreased from 41% in 1992 to 39% during the investigation 
period. Profitability in the Community decreased from around 5.9% to around 1.3%. 
However, exports increased by around 66% and overall profitability amounted to 5% 
during the investigation period. The Council considered that the precarious situation of 
the Community industry could be characterized as "threat of injury". 
b) Synthetic handbags 
Imports of synthetic handbags increased by 47% between 1992 and the investigation 
period and their share of the Community market increased from 73% to 81% during the 
same period. The undercutting margins found amounted to 27.8%. 
Community producers suffered a decrease in sales, market share, profitability and 
employment. 
Community interest 
After an in-depth investigation into the Community interest aspects of the case, the 
Council concluded that measures should be adopted concerning leather handbags. 
Indeed, around 93% of total Community production of handbags is in leather. While the 
industry is viable and competitive, the absence of measures would result in a 
continuation of the negative trend. The analysis of the impact on importers and 
consumers showed that no compelling reasons existed not to adopt definitive measures. 
However, concerning synthetic handbags, the indicators showed that the Community 
industry would not be likely to benefit from any measures in the form of an increase in 
its sales in the Community, since irnports have shown aH shift towards other third 
countries. At the same time, the impact on the employment of the Community industry 
would be limited compared to the potential job losses of the importing and distributing 
sector if measures were to be imposed. Therefore, compelling reasons were found to 
exist not to take definitive measures. 
Measures 
Definitive duties were imposed concerning imports of leather handbags. For the non-co­
operating exporters the duty amounted to 38% (injury margin). For the exporters being 
granted individual treatment, the duty amounted to 7.7% for Gebr. Picard International 
Ltd. and nil for Jane Shilton (Pacific) Ltd. In view of the findings of threat of injury, the 
Council decided not to collect provisional duties. Concerning synthetic handbags, no 
definitive duties were imposed and provisional duties were reimbursed. 
40 
5.2.5. Farmed Atlantic salmon from Norway 
On 26 September 1997, the Council imposed definitive anti-dumping and 
countervailing duties on imports of farmed Atlantic salmon originating in Norway. 
Two separate investigations, concerning dumping and subsidisation, had been initiated 
in August 1996 on the basis of two complaints lodged by the Scottish Salmon Growers' 
Association and the Shetland Salmon Farmers' Association on behalf of a major 
proportion of the Community industry. 
Dumping 
A sample of Norwegian salmon farmers and salmon exporters was selected. Normal 
value was established on the basis of the prices of domestic sales of the exporters or, 
whenever domestic sales where deemed not to be representative in terms of volume or 
had not been made in the ordinary course of trade, normal value had to be constructed. 
The dumping margins ranged between 6.69% and 13.05%. The weighted average 
margin to be applied to the cooperating exporters which had not been selected in the 
sample was 10.95%. 
Subsidies 
This was the first countervailing investigation initiated since the WTO Subsidies 
Agreement and the adoption of Council Regulation No 3284/94 entered into force. The 
complainant had alleged that 17 schemes or public bodies conferred subsidies to salmon 
growers. The investigation found that 5 of these constituted countervailable subsidies. 
In view of the fact that subsidies were investigated at nation-wide level, it was not 
possible to attribute any company-specific duty. It was therefore decided to impose a 
single, country-wide countervailing duty of 3.8%. Since the subsidies involved were 
not export subsidies and therefore had no impact on the dumping margins established, 
the countervailing duty could be imposed in addition to the anti-dumping duty. 
Injury and causation of injury 
As far as injury is concerned, it was established that the price of Norwegian exports had 
fallen by 27% since 1992. In addition, Norwegian imports, with a 67% market share, 
were found to dominate the Community market and therefore greatly influence the 
general level of prices. Furthermore minimum import prices which had previously been 
imposed by the Commission had not been respected by the Norwegian exporters. The 
investigation showed the existence of monthly undercutting margins of up to 12%, in 
particular during the Christmas period, which is the period of the year during which 
sales are concentrated. 
41 
The result of this pressure was a general price decrease of 25% and a serious 
deterioration of the financial situation of the Community industry. Under these 
circumstances it was concluded that the Community industry had suffered material 
injury. 
As for the causal link between, on the one hand, dumping and subsidisation of 
Norwegian imports and, on the other hand, the injury suffered by the Community 
industry, it was established that there was a correlation between the significant increase 
in volume of low priced Norwegian imports and the price pressure and consequent 
reduction in profitability of the Community industry. 
It was also established that the Community consumption of farmed Atlantic salmon had 
increased considerably, that the Community market share of imports from sources other 
than Norway had decreased and that the competitiveness of the Community industry 
had improved. These factors clearly pointed to the absence of injury caused by factors 
other than Norwegian imports. It was thus concluded that the combined effects of 
dumping and subsidisation of Norwegian imports had caused material injury to the 
Community industry. 
Community interest 
The interests of other.Community industries (e.g. smokers and wholesalers), importers 
and consumers were examined but this examination did not alter the conclusion that it 
would be in the Community interest to impose measures. Indeed, it could be 
established that measures would have a limited impact on processors since salmon is a 
raw material which represents only a fraction of the cost of the processed product. 
Moreover, most processors also trade salmon produced in the Community and are 
therefore not entirely dependent on salmon imported from Norway. Finally, a 
stabilisation of salmon prices was likely to have direct beneficial consequences for large 
rainbow trout farmers and indirect positive consequences on prices of fish products in 
general. 
The consumers' interest were also taken into consideration. In this respect, the 
existence of alternative sources of supply, the availability of substitute products and 
above all the moderate level of the measures pointed to the fact that the effect on the 
final consumer would, if any, be minimal. 
Measures 
The definitive measures imposed consist of a countervailing duty of 3.8% and an anti­
dumping duty of 0.32 ECU/kg net product weight. Exporters which had been selected 
in the sample would have been subject to individual duties ranging between 0.22 and 
0.41 ECU/kg net product weight. However, the vast majority of Norwegian exporters, 
including all those sampled, offered undertakings which were accepted by the 
Commission. These exporters were thus excluded from the scope of the duties. 
Pursuant to Article 10 of Council Regulation No 3284/94, the Norwegian Government 
also offered an undertaking which the Commission accepted. 
42 
5.2.6. Unwrought, unalloyed zinc from Poland and Russia 
On 22 September 1997, the Council imposed a definitive anti-dumping duty on imports 
of unwrought, unalloyed zinc originating in Poland and Russia. The proceeding had 
been initiated in June 1995 and provisional duties were imposed in March 1997. 
Dumping 
The dumping margins definitively established for the two cooperating Polish exporters 
are 5.2% and 14.4%, and for Russia 6.9%. 
For the Polish exporters normal value was in general established on the basis of sales of 
the like product on the domestic market when made in sufficient quantities and when 
made in the ordinary course of trade. As Russia is a non-market economy country, its 
normal value was based on the normal value established for one of the Polish 
companies as it was found that this company has a production process identical to most 
of the Russian producers. 
Export prices for Poland were established on the basis of prices actually paid or payable 
for the product when sold to the Community. As none of the Russian exporters 
cooperated in the proceeding, export prices were established on the basis of Article 18 
of the Basic Regulation (best evidence available), which was found to be Eurostat data 
and information provided by the statistical offices of Finland, Sweden and Austria. 
Injury and causation of injury 
With regard to injury it was found that the volume of the dumped imports of 
unwrought, unalloyed zinc originating in Poland and Russia had increased from 19,683 
tonnes in 1991 to 107,572 tonnes in the period 1st April 1994 to 31 March 1995. As 
over the same period consumption on the Community market had increased by almost 
10%, the market share of imports from Poland and Russia increased from 1.06% in 
1991 to 5.28% in the investigation period. 
From 1991 to the 1994/95 period, the Community industry's sales in the Community 
dropped 17% and its corresponding market share declined to 31%. Due to a 
particularity of the production process and the existence of the London Metal Exchange 
(LME) warrant system which operates as a semi-floor price for producers of Special 
High Grade zinc, the Community industry's capacity utilisation rate remained high, but 
stocks of zinc that were not subject to this warrant system more than quadrupled, 
production declined by 8%, employment decreased by 23.5% and its losses widened to 
almost 5%. 
The prices charged by the exporters to industrial users in the Community consistently 
and significantly undercut the prices of the Community industry. 
43 
Community interest 
Having examined the various interests involved, including the interests of consumers of 
products containing zinc, it was considered that it was in the Community interest to 
apply anti-dumping measures. 
Measures 
As the Community industry's price is based on the LME quotation, the injury 
elimination margin was based on price undercutting. The provisional findings were 
modified to some extent to take account of the difference between the prices of the 
varieties of zinc sold on the Community market and the specific characteristics of the 
imported products. Accordingly, the injury elimination margin was found to be 6.6 and 
14.0%, respectively, as regards imports manufactured by the Polish exporters and 5.2% 
as regards imports from Russia. 
The two cooperating Polish exporters offered undertakings which were accepted. 
Therefore, as regards Poland, only a residual definitive duty has been imposed, at the 
level of the highest injury margin established for that country, which was 14.0%. The 
definitive duty for Russia was set at 5.2%, which corresponds to the injury margin. 
5.2.7. Sacks and bags made of polyethylene or polypropylene from India, Indonesia and 
Thailand. 
On 6 October 1997, the Council imposed a definitive anti-dumping duty on the imports 
of the above product. The proceeding was initiated in April 1995, following a 
complaint lodged by the European Association for Textile Polyolefins (EATP) and the 
Commission imposed a provisional anti-dumping duty on 10 January 1997. In June 
1997, the provisional anti-dumping duty was extended for a period of three months. 
Dumping 
A large number of submissions were received following the imposition of provisional 
measures in the above-mentioned proceeding. These comments concerned, amongst 
others, the notion of sales in the ordinary course of trade. Dumping margins were 
subsequently recalculated which resulted in margins ranging from 0% to 36% for India, 
from 23.5% to 56% for Indonesia and from 13.2% to 60.8% for Thailand. 
Injury and causation of injury 
In the absence of any argument concerning injury suffered by the Community industry, 
the Council confirmed the injury findings of the provisional duty regulation and the 
conclusion that the injury and that this injury was caused by low-priced dumped 
imports of sacks and bags from India, Indonesia and Thailand. 
44 
Community interest. 
As no new arguments were received in connection with the Community interest 
analysis provisionally made, the Council also considered that it was in the Community 
interest to impose definitive measures. 
Measures 
Since the injury margins were higher than the dumping margins of all the countries 
concerned in the investigation, the dumping margins were used in order to determine 
the level of the definitive measures. 
On the above basis the Council imposed the following range of definitive anti-dumping 
duties : India : from 4.3% to 36%, Indonesia : from 23.5% to 56% and Thailand : from 
13.2% to 60.8%. 
5.2.8. Advertising matches from Japan. 
On 15 October 1997, the Council imposed a definitive anti-dumping duty on the 
imports of advertising matches originating in Japan. This proceeding was initiated in 
August 1994 and a provisional duty was imposed on 17 June 1997. 
Dumping 
The normal value was established on the basis of domestic prices in Japan when the 
product concerned was sold in sufficient quantities and in the ordinary course of trade. 
When no sufficient sales were made on the domestic market or when they were found 
not to be in the ordinary course of trade, the normal value was constructed on the basis 
the manufacturing cost to which margins for SGA and a reasonable profit were added. 
Export prices were determined on the basis of the sales prices to the first unrelated 
buyers in the Community. To allow for a fair comparison between the normal value and 
the export price, some allowances were made for those factors which affect price 
comparability. Dumping margins thus established for the four Japanese exporters 
ranged from 9.8% to 63.5%. 
Injury and causation of injury 
On the basis of additional verifications on price development, production capacity and 
capacity utilisation, cash flow, the segmentation of the market, the cost-allocation 
method used by the Community industry in the calculations of their costs of production 
and price comparison exercises, the Council confirmed the provisional findings that the 
Community industry was suffering material injury and that injury was caused by low-
priced dumped imports from Japan. 
Community interest. 
After the appreciation of all the various interests, taken as a whole, the Council also 
confirmed that it was in the Community interest to impose definitive measures. 
45 
Measures 
For three companies it was found that the injury margins were at a lower level than the 
dumping margin established. Consequently, the dumping duty imposed on imports of 
these three companies corresponded to the injury elimination-level. For one company 
the duty level corresponded to its dumping margin as this was lower than the injury 
; • threshold found. Definitive anti-dumping duties have thus been imposed at levels 
between 9.8% and 27.8% with a residual duty of 43.2%. 
5.2.9. Certain footwear with textile uppers from Indonesia and the People's Republic of China 
In November 1997, definitive anti-dumping duties were imposed on imports of certain 
footwear with textile uppers originating in Indonesia and the People's Republic of 
China. Provisional anti-dumping measures had been imposed in February 1997. 
Following the submissions received in reaction to the provisional measures, a certain 
number of footwear types, among which slippers, were excluded from the single 
category of products under consideration for the purpose of the definitive 
determination. 
Dumping 
In view of the number of exporters in Indonesia and the People's Republic of China, a 
sample of exporters was selected in each country with a view to being submitted to an 
in-depth investigation. 
In the case of the People's Republic of China, which was considered a non-market 
economy, normal value was established on the basis of the situation in an analogue 
country. Indonesia was considered the appropriate choice and normal value for the 
People's Republic of China was established by adding a reasonable amount for sales, 
general and administrative expenses and profit to the manufacturing cost of each model 
incurred by the Indonesian producers for models comparable to those exported by the 
Chinese exporters. 
The dumping margins for the exporters in the sample for Indonesia ranged from 0% to 
24.9%, with a weighted average to be applied to the other cooperating exporters not 
used in the sample of 14.2%. The residual dumping margin, applicable to all other 
exporters, amounted to 39.7%. 
A single dumping margin was calculated for the People's Republic of China. It 
amounted to 133.2%. 
Injury and causation of injury 
It was found that the Community industry had suffered from material injury which 
could be shown, among other indicators, by a significant drop in production, market 
share, employment and a strong downward trend in the profit rates. A number of 
company closures were also established. 
46 
As far as causation is concerned, it was found that the increasing volume and market 
share of the dumped imports combined with their decreasing prices at undercutting 
levels coincided with the loss of market share and the price depression suffered by the 
Community industry. No other factor was identified which could have contributed to 
the injury suffered by the Community industry. 
Community interest 
All the various interests involved were examined, particularly the impact of the 
measures on the distribution sector and consumers, together with the fact that leaving 
the Community industry without adequate protection against unfair competition would 
worsen the position of this industry and lead to its disappearance or relocation. No 
compelling reasons not to take action against the imports in question came to light. 
Measures 
The anti-dumping duty was based on the injury elimination level found, in each case 
where it was lower than the dumping margin. The definitive anti-dumping duty ranged 
from 0% to 14.1% (residual) for Indonesia, and was 49.2% for the People's Republic of 
China. 
5.2.10. Seamless pipes and tubes of iron or non-alloy steel from Hungary, Poland, Russia, the 
Czech Republic, Romania and the Slovak Republic 
On 31 August 1996, the Commission initiated both an anti-dumping proceeding in 
respect of imports of seamless pipes and tubes of iron or non-alloy steel originating in 
Russia, the Czech Republic, Romania and the Slovak Republic and an interim review in 
respect of the same imports originating in Hungary and Poland. On 29 May 1997 
provisional duties were imposed in the framework of the anti-dumping proceeding. 
On 17 November 1997, definitive measures were adopted in respect of all imports 
concerned by both proceedings. 
Dumping 
As regards countries subject to provisional measures, minor adjustments were made in 
order to establish the definitive dumping margins. For the Czech Republic, these 
margins varied between 5.1% and 28.6% and for Romania between 9.8% and 38.2%. 
For the Slovak Republic and Russia, the margins were established at 7.5% and 26.8% 
respectively. 
For the countries under review, a dumping margin of 36.5% was calculated for the sole 
exporter existing in Hungary. For Poland, margins were set at 7.1% for one company 
and 30.1% for the three other companies. 
47 
Injury and causation of injury 
The examination of the economic performance of the Community industry between 
1992 and August 1996 showed a decline in production, sales volume and market share 
as well as a reduction in employment, despite considerable restructuring efforts 
intended to reduce costs of production. 
These restructuring efforts and the measures in force enabled the Community industry 
to increase capacity utilisation and improve its financial results, which, however 
remained negative at the end of the period. 
It was concluded that the cumulative effect of the dumped imports has, through 
substantial price undercutting and significant quantities of such imports, caused 
material injury to the Community industry. It is worthwhile noting that the injury 
caused by the dumping suffered by the Community industry .could only become worse 
if the measures which apply to certain cumulated imports were to be repealed. 
Community interest 
The examination of the Community interest led to the conclusion that there were no 
compelling reasons not to remedy the trade-distorting effects of injurious dumping/ 
Measures 
Definitive duties were imposed at the level of the dumping margins found. However, as 
regards Hungary, Poland, the Czech Republic, Romania and the Slovak Republic, 
undertakings were accepted on a company by company basis allowing the exemption of 
these companies from the duty in force. In view of the change in the form of the 
measures, it was found to be appropriate not to definitively collect the provisional anti­
dumping duty. 
5.2.11. Flat pallets of wood from Poland 
On 24 November 1997, the Council imposed definitive anti-dumping duties on imports 
of flat pallets of wood originating in Poland. The proceeding had been initiated on 13 
July 1995 and provisional measures, namely acceptance of undertakings with regard to 
the most important pallet type (EUR-pallet) and provisional duties, had been imposed 
by the Commission on 6 June 1997. 
After due consideration had been given to the comments received from interested 
parties subsequent to the imposition of provisional measures, the Council confirmed the 
provisional findings with regard to dumping, injury, causation and community interest, 
apart from a slight decrease of the dumping margin found for two Polish exporters. 
Thus, the definitive duties imposed on exports not covered by undertakings accepted by 
the Commission are: 
a) Duties ranging from 4.0% to 10.6% for companies investigated as members of the 
sample of Polish exporters: 
48 
b) Other co-operating but not investigated exporters : 6.3% 
c) Residual duty applicable to non-co-operating exporters : 10.6% 
The Council also confirmed the treatment granted to newcomers, i.e. a duty of 6.3%, 
instead of the residual duty, and exemption from any duty in so far as the Commission 
has accepted undertakings from these newcomers. In fact, following the acceptance of 
undertakings on 14 August 1997, the Commission has accepted undertakings from 
additional newcomers on 7 November 1997. 
5.2.12. Cotton-type bed linen from Egypt, India and Pakistan 
On 5 December 1997, the Council imposed definitive anti-dumping duties on imports 
of cotton-type bed linen originating in Egypt, India and Pakistan. Following the 
imposition of provisional measures in June 1997, many parties came forward with 
comments and representations. A high proportion of these parties had not previously 
come forward in the investigation. The Commission noted and took appropriate 
account of the representations made in formulating its proposal for definitive measures. 
Product concerned 
Products of hand woven fabrics were excluded from the scope of the definitive 
measures. However, claims for exclusion of other types of bed linen (eg for 
institutional use) were rejected as they were all found to be like products in the meaning 
of Article 1(4) of Regulation (EC) No 384/96. 
Dumping 
The provisional findings of dumping were confirmed. However, certain claims for 
adjustments in the dumping margins led to reductions of up to 4%. The revised 
dumping margins established ranged from 8.7% to 13.5% for Egypt, from 2.6% to 
24.7%) for India and from 0.1% {de minimis) to 6.7% for Pakistan. 
Injury and causation of injury 
The provisional finding of material injury to the Community industry was confirmed. 
Various parties made claims that in this finding the Commission had wrongly used 
information concerning companies no longer producing bed linen, had overstated 
undercutting, had wrongly cumulated imports from the three exporting countries for the 
analysis of injury or should not have attributed the injury found to the imports 
concerned. These claims were each examined carefully but rejected. 
Community interest 
Various representations were made alleging that the effects of measures on users and 
consumers would be more significant than estimated by the Commission in its 
provisional findings. However these allegations were not substantiated and the 
provisional findings that measures were in the Community interest were confirmed. 
49 
Measures 
Since injury margins remained in all cases higher than the dumping margins found, 
definitive duties were imposed at the level of the revised dumping margins, ranging 
from 8.7% to 13.5% for Egypt, from 2.6% to 24.7% for India and from 0% to 6.7% for 
Pakistan. The provisional duties were not definitively collected. 
6. INVESTIGATIONS TERMINATED WITHOUT MEASURES 
6.1. Overview 
In accordance with the provisions of the respective basic Regulations, investigations 
may be terminated without the imposition of measures if a complaint is withdrawn or if 
protective measures are unnecessary (i.e. no dumping/no subsidies, no injury resulting 
therefrom, measures not in the interest of the Community). 
In 1997, 13 new proceedings were, either entirely or partly, i.e. for certain countries or 
certain product types - concluded without measures. This figure conforms to the normal 
yearly rate of terminations. The ratio of investigations terminated without imposition of 
measures to the total number of new investigations concluded is around one third. 
Details of the investigations terminated without measures can be found in Annex D and 
a short summary of each case is given below. 
6.2. Cases 
6.2.1. Tapered roller bearings from Japan 
The notice of initiation of an anti-dumping proceeding concerning imports of tapered 
roller bearings originating in Japan was published on 2 July 1994. The complaint was 
lodged by the Federation of European Bearing Manufacturers' Association (FEBMA), 
on behalf of Community producers whose collective output constituted a major 
proportion of total Community production of tapered roller bearings (TRBs). 
The investigation concluded that the impact of the imports of TRBs from Japan on the 
situation of the Community industry could not be classified material. Indeed, the share 
of the Community market held by imports from Japan decreased between 1991 and the 
investigation period; it was also found that imports from Japan did not depress or 
suppress the prices of the Community industry. 
The investigation also showed that no material injury to the Community industry 
caused by Japanese imports was foreseeable or imminent; therefore no threat of injury 
was found to exist. In these circumstances, the proceeding was terminated without 
imposition of measures on 14 January 1997. 
50 
6.2.2. Steel sections of iron or non-alloy steel originating in the Czech Republic and the 
Republic of Hungary 
The notice of initiation of an anti-dumping proceeding concerning imports of certain 
sections of iron or non-alloy steel originating in the Czech Republic and the Republic of 
Hungary was published on 14 July 1995. The complaint was lodged by the European 
Confederation of Iron and Steel Industries (Eurofer). 
In the course of the investigation, the complainant withdrew the complaint. The 
Commission considered that a termination in this context would not be against the 
interest of the Community. 
In these circumstances, the proceeding was terminated without imposition of measures 
on the 14 January 1997. 
6.2.3. Portland cement originating in Romania, Tunisia and Turkey 
The notice of initiation of a regional anti-dumping proceeding concerning imports into 
Spain of Portland cement originating in Romania, Tunisia and Turkey was published on 
22 April 1992. The complaint was lodged by Oficemen, the national organisation of 
Spanish cement producers acting on behalf of all Spanish producers of Portland cement. 
In the course of the investigation, it was found that imports of Portland cement from the 
above-mentioned countries had not caused, or threatened, material injury. The 
Commission, therefore, decided to terminate the proceeding without the imposition of 
measures and a proposal in this sense was made to the Member States in February 1994. 
The Council decided in March 1994 not to terminate the proceeding. 
Following the Council's decision, the Commission re-examined its findings, but 
maintained its 1994 decision, which was presented once more in mid-1996, and this 
time, the Council did not oppose to the termination. In these circumstances, the 
proceeding was terminated without imposition of measures on 7 March 1997. 
6.2.4. Unwrought, unalloyed zinc from Kazakhstan, Ukraine and Uzbekistan 
The notice of initiation of an anti-dumping proceeding concerning imports into the 
Community of unwrought, unalloyed zinc originating in, inter alia, Kazakhstan, 
Ukraine and Uzbekistan was published on 9 June 1995. The complaint was lodged by 
Eurométaux on behalf of the Community producers whose collective output represented 
a major proportion of the Community production of the product concerned. 
The investigation revealed that imports from these three countries were de minimis (the 
individual market shares of these three countries were less than 1% and their collective 
market share was less than 3%) and did not, therefore, cause material injury to the 
Community industry. 
In these circumstances, the proceeding was terminated without imposition of measures 
on 25 March 1997. 
51 
6.2.5. Briefcases and schoolbags originating in the People's Republic of China 
The notice of initiation of an anti-dumping proceeding concerning imports of certain 
briefcases and schoolbags originating in the People's Republic of China, was published 
on 17 April 1996. The complaint was lodged by the European Committee for Leather 
Goods Industries (CEDIM) on behalf of Community producers whose collective output 
represented a major proportion of Community production of briefcase and schoolbags. 
The complainant by letter dated 19 March 1997 formally withdrew the complaint. The 
Commission considered that a termination in this context would not be against the 
interest of the Community. 
In these circumstances the proceeding was terminated without the imposition of 
measures on 10 June 1997. 
6.2.6. Synthetic fibre ropes from India 
The notice of initiation of an anti-dumping proceeding concerning imports of synthetic 
fibre ropes originating in India was published on 4 April 1996. The complaint was 
lodged by the Liaison Committee of European Twine, Cordage and Netting Industries 
(EUROCORD), on behalf of the Community producers whose collective output 
constituted a major proportion of total Community production of synthetic fibre ropes. 
In the course of the investigation the existence of dumping of the product concerned 
from India was established and it was found that the dumped imports had had a limited 
impact on the Community industry. However, the overall situation of the Community 
industry was found to be mixed, and insufficient information was provided concerning 
the profitability of the Community industry over the period investigated. The injurious 
impact of the dumped imports therefore, could not be considered to be material. 
In the circumstances, the proceeding was terminated without the imposition of measures 
by a decision published on 25 June 1997. 
6.2.7. Luggage and travel goods originating in the People's Republic of China 
The notice of initiation of an anti-dumping proceeding concerning imports of certain 
luggage and travel goods originating in the People's Republic of China, was published 
on 17 April 1996. The complaint was lodged by the European Committee for Leather 
Goods Industries (CEDIM) on behalf of Community producers whose collective output 
represented a major proportion of Community production of luggage and travel goods. 
In view of the large number of Community producers of the product concerned, a 
sample of producers was selected for the examination of the alleged injury suffered by 
the Community industry. After the initial definition of the sample, its representativity 
was seriously affected by the non-cooperation of the selected companies, to such an 
extent that it could not be concluded that any data gathered from the cooperating 
companies reflected the situation of the entire industry. Efforts to selected a new sample 
proved unsuccessful. 
52 
In the light of the above mentioned and since the Commission considered that a 
termination in this context would not be against the interest of the Community, the 
proceeding was terminated without the imposition of measures on 2 July 1997. 
6.2.8. Handbags from the People's Republic of China 
The notice of initiation of an anti-dumping proceeding concerning imports of certain 
handbags originating in the People's Republic of China, was published on 4 May 1996. 
The complaint was lodged by the European Committee for Leather Goods Industries 
(CEDIM) on behalf of seven national federations and associations of producers in the 
Community. The products concerned were handbags with outer surface of leather, of 
plastic sheeting or of textile materials. 
On 1 August 1997, the Council imposed a definitive anti-dumping duty on the imports 
of leather handbags (see point 5.2.4) and, at the same time, terminated the proceeding 
concerning imports of textile and plastic handbags. 
7. REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY 
7.1. Overview 
Anti-dumping measures, including price undertakings, may be subject, under the basic 
Regulation, to five different types of reviews: expiry reviews (Art. 11 (2)), interim 
reviews (Art. 11 (3)), newcomer reviews (Art. 11 (4)), absorption investigations (Art. 
12) and circumvention investigations (Art. 13). 
These reviews continue to represent a major part of the work of the Commission's anti­
dumping services. In the period from 1993 to 1997, a total of 114 review investigations 
were initiated. These review investigations represented over 40% of all investigations. 
In 1997, 17 reviews were initiated. Of these, 7 were interim reviews, 1 circumvention 
review, 1 newcomer review, 6 expiry reviews and 2 absorption reviews. 
Details and results of the review investigations in 1997 can be found in Annexes G to K, 
whilst Table 2 provides statistical information for the years 1993 - 1997. More detailed 
information is given for the absorption and circumvention reviews because these are the 
first under the new basic Regulation. 
53 
TABLE 2 
Reviews of anti-dumping and anti-subsidy investigations 
During the period 1 January 1993 - 31 December 1997 
Reviews in progress at the beginning of the 
period 
Reviews opened during the period 
Reviews in progress during the period 
Total reviews concluded during the period 
Reviews in progress at the end of the period "&99S| 
30 
22 
52 
30 
22 %094'^ 
20 
17 
37 
13 
24 1995;: 
24 
26 
50 
16 
34 :i9^6] 
34 
32 
66 
16 
50 1997 > 
50 
17 
67 
28 
39 
7.2. Expiry reviews 
Art. 11 (2) of the basic Regulation provides for the expiry of anti-dumping measures 
after five years unless an expiry review demonstrates that they should be maintained in 
their original form. 
In 1997, 18 measures (both duties and undertakings) were allowed to expire 
automatically under Art. 11 (2). The references for these measures are set out in Annex 
M. 
Since the expiry (or "sunset") provision of the basic Regulation came into force in 1985 
(Art. 15 of the basic regulations No 2176/84 and No 2423/88, Art. 11 (2) of the current 
basic regulation), a total of 288 measures have been allowed to expire automatically. 
Details of the expiry reviews that were initiated or concluded can be found in Annex G. 
7.3. Interim reviews 
Art. 11 (3) of the basic Regulation provides for the review of measures during their 
period of validity on the initiative of the Commission, at the request of a Member State 
or, provided that at least one year has elapsed since the imposition of the definitive 
measure, following a request containing sufficient evidence by an exporter, an importer 
or by the Community producers. 
54 
In 1997, 7 interim reviews were initiated under Art. 11(3) of Council Regulation (EC) 
No 384/96. 
Details of these reviews can be found in Annex H. 
7.4. Newcomer reviews 
Art. 11 (4) of the basic Regulation allows for a review to be carried out for the purpose 
of determining individual margins of dumping for new exporters in the exporting 
country in question which have not exported the product during the investigation 
period. 
Such parties have to show that they are genuine new exporters, i.e. that they are not 
related to any of the exporters or producers in the exporting country, which are subject 
to the anti-dumping measures, and that they have actually exported to the Community 
following the investigation period or that they have entered into an irrevocable 
contractual obligation to export a significant quantity to the Community (newcomer or 
new exporter review). 
When a review for a new exporter is initiated, the duties are repealed with regard to that 
exporter, though its imports are made subject to registration under Art. 14 (5) in order to 
ensure that, should the review result in a determination of dumping in respect of such an 
exporter, anti-dumping duties may be levied retroactively to the date of the initiation of 
the review. 
Details of these reviews can be found in Annex I. 
In 1997, 1 newcomer review was initiated. Since the Commission carried out the first 
review of this type in 1990, a total of 19 investigations have been initiated. 
7.5. Absorption investigations 
The possibility of "absorption" reviews, which deal with situations where the exporters 
directly or indirectly bear the cost of the duty and thereby increase the dumping margin 
without leading to sufficient movement in resale prices, was incorporated into the basic 
Regulation of 1988 under Article 13(11), and is now included in Article 12 of 
Regulation (EC) No. 384/96. 
In 1997, the first investigation pursuant Article 12 of the basic Regulation was 
concluded and two new investigations were initiated as described below. 
Further details can be found in Annex J. 
55 
7.5.1. Microwave ovens originating in Korea 
On 18 January 1997, a review investigation was initiated concerning imports of 
microwave ovens originating in the Republic of Korea. The complainant industry 
alleged that, despite the existence of anti-dumping measures in the form of a minimum 
import price, the injurious effect of the dumping had not been removed. It was claimed 
that no movement, or insufficient movement, in resale prices or subsequent selling 
prices in the Community had occurred subsequent to the imposition of the measures. 
During the course of the investigation, the Community industry made a request so as to 
make imports into the Community of MWOs subject to registration. In June 1997, the 
Commission made the imports of MWOs subject to registration. 
7.5.2. Ammonium nitrate originating in Russia 
On 29 May 1997, a review investigation was initiated concerning imports of 
ammonium nitrate originating in Russia. The complainant industry alleged that, despite 
the existence of anti-dumping measures in the form of a minimum import price, the 
injurious effect of the dumping had not been removed. It was claimed that no 
movement, or insufficient movement, in resale prices in the Community had occurred 
subsequent to the imposition of the measures. 
7.5.3. Television camera systems originating in Japan 
On 7 October 1997, the Council amended Regulation (EC) No. 1015/94 imposing a 
definitive anti-dumping duty on imports of television camera systems (TCS) originating 
in Japan. This is the first case under the new Article 12 of the basic Regulation of 1996. 
In the course of the investigation, which related to two Japanese companies (Sony and 
Ikegami), the Commission established that the resale prices of the companies in the 
Community had not moved sufficiently after the imposition of the original measures; in 
fact, they stayed, on a weighted average basis, below the expected price level by 31.6% 
and 140.6% respectively. 
The recalculation of the dumping margins led to the conclusion that the duty rates 
should amount to 108.3% and 200.3%. 
During the investigation the Commission received requests from several producers in 
Japan to amend the Annex to Regulation (EC) No. 1015/94 which contains a list of 
professional camera systems exempted from the application of anti-dumping duties. 
After consultation of the Community industry the list of exempted cameras was 
amended. 
56 
7.6. Circumventibn investigations 
The possibility of investigations being re-opened in circumstances where evidence is 
brought to show that anti-dumping measures are being circumvented, was introduced by 
Article 13 of the basic Regulation. ,, 
Circumvention is defined as a change in the pattern of trade between third countries and 
the Community which stems from a practice, process or work for which there is 
insufficient due cause or economic justification other than the imposition of the duty. 
Assembly operations, whether in the Community or a third country, may fall under this 
definition, as stipulated in Art. 13. According to this article, anti-dumping duties may 
be extended to imports from third countries of like products, or parts thereof, if 
circumvention is taking place. 
In 1997, the first two investigations pursuant to Article 13 weje concluded, ending with 
an extension of measures (bicycles from China and polyester filament tow from 
Belarus), whereas two other investigations relating to weighing scales were terminated 
without extension of measures. 
The details of these investigations are given in Annex K. 
7.6.1. Extension of duty 
7.6.1,1. Certain bicycle parts originating in the People's Republic of China 
In January 1997, as a result of the circumvention investigation initiated in 1996, the 
Council extended the definitive anti-dumping duty in force on bicycles originating in 
the People's Republic of China to imports of certain bicycle parts from the same 
country. 
Results 
The investigation established that: i) between 1992 and the investigation period 
imports of bicycles (in units) had decreased by more than 98% whereas, for example, 
imports of finished bicycle frames, the main bicycle part imported by assembly 
operations, had increased by more than 139%; ii) this change in the pattern of trade 
had insufficient due cause or economic justification other than the imposition of an 
anti-dumping duty; iii) for five companies their assembly operations, or their imports 
of bicycle parts from China with a view to bicycle assembly, started in or 
substantially increased after 1992-1993, when the original investigation took place; 
iv) 60% or more of the total value of the parts used in the assembly of these bicycles 
were of Chinese origin; v) the value added in the EC on a per model basis to the parts 
brought in was clearly below the 25% threshold fixed in the Basic Regulation. 
It was further determined that the sales of bicycles assembled in the EC from parts 
originating in or consigned from China had undermined the remedial effects of the 
anti-dumping duty, both in terms of sales prices and quantities. Dumping was found 
to range from 16% to 53%, the normal value being based on that established in the 
previous investigation (for which Taiwan was the analogue country). 
57 
Measures 
The anti-dumping duty in force on complete bicycles (30.6%) was extended to 
essential bicycle parts (certain frames, forks, complete wheels, handlebars, gears and 
brakes) from China. In addition, guidelines were laid down governing the exemption 
from the extended duty of imports of parts found not to circumvent the anti-dumping 
duty in force. 
The exemption system provided for the direct exemption of bicycle manufacturers in 
the EC by the Commission, and the indirect exemption of importers of bicycle parts 
through the customs surveillance mechanism of end-use control. 
The list of companies exempted was expanded in July 1997. In December 1997, 
certain other companies, which had either withdrawn their request for exemption or 
had not cooperated wiih the Commission, saw the suspension system enacted in their 
favour lifted and therefore became liable for payment of the duty. 
7.6.1.2. Polyester filament tow from Belarus 
In December 1997, as a result of a circumvention investigation commenced in April 
1997, the Council extended definitive anti-dumping duties in force with respect to 
imports of polyester staple fibre ("fibre") originating in Belarus to imports of 
polyester filament tow ("tow") from the same country. 
Results 
The investigation by the Commission services established that i) tow and fibre 
imported from Belarus were like products sharing the same basic characteristics in 
terms of chemical properties and performance, as the only difference between the two 
products was found to consist of the simple, mechanical cutting of tow into fibre; ii) 
following the imposition of anti-dumping duties on fibre originating in Belarus, a 
change in the pattern of trade took place as imports of fibre from Belarus were largely 
substituted by imports of tow from that country; iii) no sufficient due cause or 
economic justification, other than avoiding the payment of the anti-dumping duties in 
force, existed for the importation and cutting of tow in the Community rather than the 
importation of fibre already cut in Belarus, the exporting country; and iv) imports of 
tow were undermining the remedial effects of the anti-dumping duty in terms of 
quantities and prices and that there was evidence of dumping in relation to the normal 
values previously established. 
Measures 
As it was thus found that all conditions of Article 13 (1) of the basic Regulation 
establishing circumvention were met, the anti-dumping measures in force with respect 
to imports of fibre originating in Belarus (43.5%) were extended to imports of tow 
from that country. This extended duty was also imposed on imports of tow from 
Belarus which entered the Community under registration provided for by the 
Commission Regulation initiating the circumvention investigation. 
58 
7.6.2. Terminations 
7.6.2.1. Electronic Weighing Scales (assembly in Indonesia - TEC) 
On 30 May 1997, the Commission terminated the investigation concerning the 
alleged circumvention of definitive anti-dumping measures on imports of certain 
retail electronic weighing scales (REWS) originating in Japan by imports of the same 
product assembled in/or transhipped through Indonesia by TEC Corporation. This 
investigation was opened on 29 August 1996 following a request lodged by 
Community producers accounting for around 65% of the total Community production 
of REWS. 
The investigation established that TEC Corporation (Japan) assembled REWS in 
Indonesia through its subsidiary, TEC Indonesia, and that a considerable part of those 
REWS were exported to the Community. 
As regards the conditions of Article 13 (2) of the basic anti-dumping Regulation, the 
investigation had led to the following conclusions : 
(i) The assembly of TEC REWS by TEC Indonesia started after the initiation of the 
anti-dumping investigation that led to the imposition of the original measures. 
(ii) The weighted average value of parts of Japanese origin incorporated into the 
TEC REWS assembled by TEC Indonesia and sold to the Community during the 
investigation period was found to exceed 60% total value of the parts of the 
assembled product. However, during the investigation period there appeared to 
have been a significant reduction of the value of parts of Japanese origin. 
Although, as a rule, the situation during the whole period of investigation is used 
as a basis for the decision on whether measures are to be taken, the Commission 
took into consideration in this case the very substantial decrease of the 
percentage of Japanese parts that occurred towards the end of the investigation 
period, that the production of an important part for incorporation in REWS had 
been transferred to Indonesia, and that the decrease in percentage of Japanese 
parts used in REWS assembled by TEC Indonesia is likely to be maintained as it 
results from a change in the production pattern which would be uneconomic to 
reverse. 
(iii) The weighted average value added brought in to the parts used for the assembly 
of the REWS exported to the Community by TEC Indonesia was found to be 
low and considerably under the 25% threshold. 
On the basis of the above findings, the investigation was terminated without 
extending the anti-dumping measures. 
59 
7.6.2.2. Electronic Weighing Scales (assembly in the Community - Teraoka-Digi) 
On 30 May 1997, the Commission terminated the investigation concerning the 
alleged circumvention of definitive anti-dumping measures imposed on imports of 
certain retail electronic weighing scales (REWS) originating in Japan by imports of 
parts and subsequent assembly production in the Community. The investigation was 
opened on 29 August 1996 following a request lodged by Community producers 
accounting for around 65% of the total Community production of REWS. 
The investigation revealed that the assembly operation was considerably more 
complex than the screwdriver-type assembly operation suggested by the complaint. 
Indeed, the Commission services found that the assembly operation consisted in fact 
of an interplay between three related companies established in the Netherlands: the 
actual assembler (Keylard), a factory of printed circuit boards (CTW) and a finishing 
operation, in terms of hardware and software (Digi Nederiand). These companies 
were found to be operationally interdependent and fully integrated companies, 
forming a single economic entity. 
It was established that the value added in the Netherlands by Keylard, CTW and Digi 
Nederiand exceeded the threshold of 25% of the manufacturing cost of Article 13 (2) 
(b) of the Basic AD Regulation. 
On the basis of the above findings, the investigation was terminated without 
extending the anti-dumping measures. 
8. SUSPENSION OF MEASURES 
Art. 14(4) of the basic Regulation provides for the suspension of measures in cases where 
market conditions have temporarily changed to an extent that injury would be unlikely to 
resume as a result of the suspension. Measures may be reinstated if the reason for the 
suspension is no longer applicable. 
In 1997, there were no further suspensions. 
9. MONITORING OF UNDERTAKINGS 
Undertakings are accepted by the Commission only where it is found that such a measure 
eliminates the injurious effects of dumping. Another pre-condition for accepting undertakings is 
that they can be effectively monitored. In line with the Declaration of the Essen Summit of 
November 1994, the possibility of concluding an anti-dumping investigation by accepting 
undertakings instead of imposing duties has to be examined in all cases involving countries of 
Central and Eastern Europe. Normally, undertakings are underpinned by definitive (residual) 
duties for (non-cooperating) exporters for whom no undertaking was accepted. 
60 
In 1997, undertakings in relation to two cases were under review (hematite pig iron from the 
Czech Republic and Ferro-Silico-Manganese from Ukraine). During the same period, 5 
proceedings have been concluded with the acceptance of undertakings (Lighters from Mexico, 
Philippines and Thailand; Salmon from Norway; Zinc from Poland; Seamless pipes and tubes 
from Czech Republic, Hungary, Poland, Romania, and Slovak Republic; Wooden Pallets from 
Poland) involving about 245 companies in the exporting countries. 
This brings the total number of companies from which undertakings have been accepted to 
about 270. The undertakings which the Commission is monitoring covered 14 different products 
from 16 countries. 
According to its practice, the Commission continuously monitors the undertakings on the basis 
of the quarterly or half-yearly undertaking reports it receives. The Commission conducted on-
the-spot verifications at the premises of 25 companies. Given the very high number of parties 
involved (190) and the price sensitivity of the product concerned* in particular during the 
Christmas period, particular attention was paid to an effective monitoring of the Salmon 
undertakings. This resulted in provisional duties being imposed in December 1997, on 29 
Norwegian exporters because the Commission had reasons to believe that these exporters had 
either violated the minimum price obligation of their undertakings or their reporting obligation. 
10. REFUNDS 
During 1997, one partial refund decision concerning Large Aluminium Electrolitic Capacitors 
from Japan was adopted by the Commission and notified to the importer concerned. 
In addition, refund applications concerning a dozen other products and origins (artificial 
corundum from China, ball bearings from Thailand and Japan, cabled polyester yarn and textured 
filament polyester yarn from Indonesia, cotton yarn from Turkey, DRAMs from Japan and Korea, 
iron and steel sheets from the Former Republic of Yugoslavia, photocopiers from Japan, 
polyolefin sacks from China, silicon metal and ferro silicon from Brazil) were investigated during 
1997. It is expected that a number of these cases will be finalised during 1998. 
11. COURT OF JUSTICE / COURT OF FIRST INSTANCE 
11.1. Overview 
In 1997, judgments or orders concerning anti-dumping cases were rendered in nine cases 
(five by the Court of First Instance, including one joint judgment in cases T-l 59/94 and T-
160/94, and four by the Court of Justice), summaries of which are given below (except for 
one withdrawal, in case T-l92/95, and one cancellation, in case C-322/96). In all these 
cases, the Courts followed the pleas of the Community Institutions. In addition, 13 new 
cases were lodged and at the end of 1997, 9 cases dating from 1996 and earlier were still 
pending at the Court of Justice and at the Court of First Instance. 
61 
11.2. New cases 
During 1997, 13 new cases were brought before the Court of First Instance. These concern 
the assessment of the like product10, the establishment of the existence of material injury11, 
the assessment of the Community interest12, the statement of reasons as required by 
Article 190 of the EC treaty13, the application of Article 13 on circumvention of the 
Council Regulation (EC) N°3 84/96M, the extension of the duty to parts of the product 
concerned15, the status and rights of interested parties16, the determination of normal value 
and/or the export price17, the time limits18, the initiation of an investigation19 and the 
power of the Council20. 
11.3. Cases pending 
A list of the anti-dumping cases before the Court of Justice and the Court of First 
Instance still pending at the end of 1997 is given in Annex N (there is no anti-subsidy 
pending case). This list shows a total of 22 cases, of which 21 were before the Court of 
First Instance and 1 before the Court of Justice concerning an appeal lodged against a 
judgment of the Court of First Instance. 
10 Case T-73/97, OJ C166, 31.05.97, p.17; Case T-598/97, OJ C 55, 20.02.98, p.30. 
1 ! Case T-73/97, OJ C166, 31.05.97, p. 17; Case T-597/97, OJ C 72, 07.03.98, p. 17; Case T-598/97, OJ C 55, 20.02.98, 
p.30. 
12 Case T-73/97, OJ C166, 31.05.97, p.17; Case T-598/97, OJ C 55, 20.02.98, p.30. 
13 Case T-73/97, OJ C166, 31.05.97, p.17; Case T-80/97, OJ C212, 12.07.97, p.27; Case T-171/97, OJ C252, 16.08.97, 
p.33; Case T-213/97, OJ C318, 18.10.97, p.23; Case T-267/97, OJ C370, 06.12.97, p.99; Case T-598/97, OJ C 55, 
20.02.98, p.30; Case T-599/97, OJ C55, 20.02.98, p.31. 
14 Case T-74/97, OJ C166, 31.05.95, p.18; Case T-75/97, OJ C166, 31.05.95, p.18. 
15 Case T-80/97, OJ C212, 12.07.97, p.27 
16 Case T-84/97, OJ C181, 14.06.97, p.16; Case T-256/97, OJ C7, 10.01.98, p.21; Case T-147/97, OJ C199, 28.06.97, 
p.39; Case T-213/97, OJ C318, 18.10.97, p.23; Case T-597/97, OJ C 72, 07.03.98, p.17; Case T-171/97, OJ C252, 
16.08.97, p.33; Case T-599/97, OJ C55, 20.02.98, p.31. 
17 Case T-597/97, OJ C 72, 07.03.98, p.17; Case T-599/97, OJ C55, 20.02.98, p.31 
18 Case T-245/97, OJ C357, 22.11.97, p.30; Case T-597/97, OJ C 72, 07.03.98, p.17 
Case T-267/97, OJ C370, 06.12.97, p.99 
Case T-213/97, OJC318, 18.10.97, p.23 
62 19 
20 
11.4. Judgments and orders rendered 
11.4.1. Court of Justice 
11.4.1.1. Potassium permanganate from the People's Republic of China : Judgment of 29 May 
! 99721 
Case C-26/96, preliminary ruling in the proceeding pending before Finanzgericht 
Hamburg between Rotexchemie andHauptzollant Hamburg-Waltershofi 
The reference to the Court resulted from a proceeding before a German Court, which 
had been brought by Rotexchemie, an importer of potassium permanganate. 
Rotexchemie had raised objections against the application of the anti-dumping 
Regulation imposing definitive duties on its imports from the People's Republic of 
China, considered as a state-trading country. The United States was the reference 
country selected in the administrative proceeding. The applicant considered this 
country to be an inappropriate choice and claimed that the Council had made a 
manifest error of appraisal by not considering alternative markets. The reasons 
brought forward by the Applicant were that the U.S market for potassium 
permanganate has only one producer and that it is shielded from competition because 
an anti-dumping duty was imposed on imports of the product concerned from the 
People's Republic of China. In the opinion of the Applicant, the consequences of 
these factors were that the prices charged in the United States were not the result of 
normal market forces. Therefore the inflated normal value led to an artificially high 
dumping margin. 
The Court ruled : the choice of the appropriate reference country falls within the 
discretion enjoyed by the Institutions when analysing complex economic situations, 
even though this exercise is not exempted from judicial review. In the present 
circumstances, the Community Institutions cannot be criticised for not carrying out a 
thorough examination of other potential reference countries. It is not necessary to 
assess every possible reference country. 
As regards the situation on the U.S. market, the Court considered that the prices in the 
reference country can result from market forces, even if there is only one producer in 
that country. This conclusion followed from the analysis of the competitive structure 
of the market in the reference country, which was faced with imports from other 
countries. 
21 OJC212, 12.07.97 
63 
11.4.1.2. Cotton yarn from Brazil and Turkey : Judgment of 29 May of 199722 
Case C-93/96 , preliminary ruling in the proceeding pending before the Supremo 
Tribunal Administrative between Industria e Comércio Têxtil (ICT) and Fàzenda 
Publica. 
The Court proceeding concerned the interpretation of a provision stating that the "free 
at Community frontier price" subject to the duty is to be increased by 1% for each 
further month by which the period for payment exceeds 30 days. In this proceeding, 
the question was how to determine the "free at Community frontier price", when this 
price included financial charges for a deferred payment terms granted by the seller to 
the buyer. 
The Court's response was that the increase should be applied whenever it was agreed 
that imported goods were to be paid for more than 30 days after their arrival at the 
Community customs. The Court noted however that the increase should be based on 
the price actually paid or payable, excluding charges for interest, provided those terms 
are the subject of a "financing arrangement" within the meaning of the Community 
customs legislation and the level of the charges reflects current prevailing rates. 
11.4.1.3. Paint brushes from the People's Republic of China : Judgment of 16 September of 
I99723 
Case C-362/95P, Appeal against the Judgment in case T-l68/94, Blackspur DIY 
and others v Council and Commission. 
In this proceeding, Blackspur DIY and its shareholders, asked the Court to annul the 
judgment of the Court of First Instance (Judgment of 18 September of 1995, case T-
168/94) which rejected their claim for damages (based on Articles 178 and 215 of the 
EC Treaty). 
As mentioned in earlier reports to the European Parliament, the Regulation imposing 
a definitive anti-dumping duty on paint brushes originating in the People's Republic 
of China was declared to be invalid by the Court in 1991 since the reference country 
for China was not established in an appropriate way. Following this judgment, 
Blackspur DIY had lodged a claim for damages, which was dismissed by the Court of 
First Instance. 
The Court of Justice confirmed that the Court of First Instance had correctly 
concluded that the appellant did not prove the alleged causal link between the 
bankruptcy of the appelant and illegal imposition of the anti-dumping duties. 
22 OJC212, 12.07.97 
23 OJC331, 01.11.97 
64 
11.4.1.4. Plates of iron and steel from Yugoslavia : Judgment of 16 October of 199724 
Case C-177/96, preliminary ruling in the proceeding pending before the 
Rechtbank van Eerste Aanleg te Antwerpen (Belgium) between Belgian State and 
Banque Indosuez and Others, European Community. 
The reference to the Court resulted from a proceeding before a Belgian Court. This 
national court asked whether the anti-dumping duties imposed by a Commission 
Decision on imports of certain steel products originating in Yugoslavia also applied to 
the same product manufactured by a producer/exporter who had been established in 
Yugoslavia, but due to the declaration of independence of FYROM (Former 
Yugoslav Republic of Macedonia), was in fact situated in FYROM at the time when 
the products were imported. 
In its decision, the Court of Justice took into account the wording of the provision in 
the anti-dumping Regulation, its context and its aims. In this respect, the Court 
considered that a change in the name of the originating country does not have any 
impact on the economic purpose of the imposed duty. Therefore, the Court's 
response was that the anti-dumping duty imposed on the products concerned also 
applied to the imports from FYROM. 
11.4.2. Co urt of First Instance 
11.4.2.1. Unbleached cotton fabrics from Egypt, Indonesia, Pakistan, Turkey and the People's 
Republic of China : Order of 2 October of 199725 
Case T-213/97R, Eurocoton v. Council. 
By an application lodged on 18 July 1997, Eurocoton brought an action under 
Articles 173 and 174 of the EC Treaty for annulment of the Council decision to reject 
the Commission proposal to impose measures against imports of unbleached cotton 
fabrics, and, under Articles 178 and 215 of the EC Treaty, for damages caused to 
Eurocoton by that decision. On the same day, Eurocoton lodged an action for interim 
measures. 
The action for interim measures was dismissed by the Court for lack of urgency. The 
Court considered that, in accordance with established caselaw, the urgency for interim 
measures had to be assessed with respect to the necessity to prevent serious and 
irreparable damage to the applicant. The applicant did not prove that it could not wait 
for the result of the main proceedings without suffering any damage. 
The main proceeding will be decided at a later stage. 
24 OJC357, 22.11.97 
25 OJC370, 06.12.97 
65 
11.4.2.2. Cement from Turkey, Romania and Tunisia : Judgment of 10 July of 199726 
Case T-212/95, Oficenem v. Commission. 
In March 1994, the Council unanimously overturned a Commission decision to 
terminate a proceeding on Portland cement originating in Romania, Tunisia and 
Turkey. It was argued that the determination of the existence of material injury was 
not fulfilled. At the relevant time, the rules applicable to dumping were set out in 
Council Regulation (EEC) N°2423/88 of 11 July of 1988. The Commission, being 
unable to reverse its conclusions and to formulate a different proposal to the Council, 
attempted to find other solutions through discussions with the countries concerned. 
These discussions proved unsuccessful and the matter was left unresolved. Being 
dissatisfied with this outcome, the Community industry (Oficemen) decided to lodge 
an application against the Commission in November 1995. In May 1996, the 
Commission finally sent a new proposal for termination without the imposition of 
duty to the Advisory Committee. After objections had been raised within the 
Advisory Committee about this proposal, the Council did not decide otherwise within 
one month. Therefore, a Decision of the Commission terminating the anti-dumping 
proceeding was published. 
The Applicant claimed that the Commission made a wrong decision because of an 
incorrect appreciation of the facts: the Commission should have come to the 
conclusion that injury had indeed occurred. It also claimed that there was an inaction 
on the part of the Commission (subsequent to the rejection of its proposal by the 
Council), by failing to present a proposal to the Council which would have lead to a 
conclusion of the investigation by the adoption of anti-dumping measures. 
On the first issue, the Court of First Instance decided that in fact no Decision existed 
which could be challenged before the Court, since the "decision" of the Commission 
was only an intermediary step in the decision-making process, which also consisted of 
the consultation of the Advisory Committee and a potential vote in the Council. The 
claim for annulment based on Article 173 was therefore dismissed as inadmissible. 
On the second issue, concerning the point of inaction, the action was held admissible 
since at the time of lodging, the Commission had not acted. However, the new 
termination proposal by the Commission forwarded in May 1996 was considered by 
the Court of First Instance to be an act of the Commission. Consequently, the appeal 
on the grounds of inaction became irrelevant and the Court of First Instance did not 
provide any judgment on this point. 
26 OJC252, 16.08.97 
66 
11.4.2.3. Bicycles from the People's Republic of China : Judgment of 25 September of 199727 
- Case T-l70/94, Shanghai Bicycle Corp. v. Council. 
By Regulation (EEC) No 2474/93 the Council imposed definitive anti-dumping 
duties on imports of bicycles originating in the People's Republic of China. Shanghai 
Bicycle Corporation, one of the largest Chinese producers and exporters, was of the 
opinion that the "definitive duty regulation" was not in line with the Basic Anti­
dumping Regulation N°2423/88 of 11 July of 1988 and lodged an application for 
annulment. 
Five pleas were raised by Shanghai Bicycles, which were dismissed by the Court. 
Concerning the first plea, the error in defining "like product", the Court stressed that 
the Community institutions were entitled to treat all bicycles as a single like product 
irrespective of existing sub-categories. 
Concerning the second plea, the improper sampling technique, the Court confirmed 
that the sampling techniques applied by the Community institutions for the 
calculation of the export price are in line with Article 2(13) of the Basic Regulation 
2423/8828. In particular, the companies were selected taking into account the degree 
to which they are representative in terms of exports to the Community. 
Concerning the third plea, the refusal to grant individual treatment to the Applicant, 
the Court stated that, in the circumstances of the specific case, the Community 
institutions were not under any obligation to grant individual treatment because in the 
People's Republic of China it was extremely difficult to establish whether a Chinese 
company really was independent of the State. 
Concerning the fourth plea, the refusal to disclose the method of calculation, the 
Court ruled that the non-confidential information supplied by the Commission was 
adequate and that the Commission was not under any obligation to communicate 
information relating to companies not used in the sample. 
Finally, concerning the fifth plea, the method of calculation of the dumping margins, 
the Court confirmed the Commission's practice to include the non-cooperating 
exporters in the dumping calculation for the non market economy country. 
27 OJC357, 22.11.97 
2^ Please note that the criteria for sampling have been changed. Article 17 of Regulation 384/96 provides i.a. that "the 
investigation may be limited to a reasonable number of parties, products or transactions by using samples which are 
statistically valid on the basis of information available at the time of the selection (...)". 
67 
11.4.2.4. Aspartam from Japan and the United States : Judgment of 18 December of 199729 
- Case T-l59/94 Ajinomoto v. Council, and case T-l60/94, Nutrasweet v. Council. 
By Regulation (EEC) N° 1391/91, the Council imposed a definitive anti-dumping duty 
on aspartame originating in Japan and U.S.A.. The two applicants advanced several 
arguments for the annulment of the contested Regulation. 
In its judgment, the Court of First Instance rejected all pleas put forward by the 
applicants and confirmed that the rights of the interested parties to be well informed 
should not be implemented to the detriment of the need to respect the confidentiality 
of business secrets, and that the Community institutions have a wide margin of 
appreciation when they determine injury and the existence of a causal link with the 
dumped imports. 
The Court also stated in its judgment that the determination of the normal value based 
on patent-protected prices was not a mistake in the sense that the patent did not 
determine as such the domestic price level. Moreover, the fact that a patent holder 
practised freely higher domestic prices than export ones, did not mean that this 
difference in prices should escape from duty since it led to material injury. In the 
light of the above considerations and concerning one of the pleas brought separately 
by the Japanese applicant Ajinomoto, the Court considered that the prices in the 
country of origin (i.e. Japan) were not a good choice in the present case due to the fact 
that the aspartame sold by Ajinomoto was not directly imported into the Community 
but was transformed and repackaged into an intermediate country (the United States). 
Therefore, the Court considered that the Community institutions correctly determined 
the normal value on the basis of the price paid or payable on the U.S market, and that 
it was not suitable to base the normal value on export prices to third countries or, as 
proposed by the applicant, on the constructed value. 
11.4.2.5. Urea from Russia : Judgment of 17 December of 199730 
- Case T-l21/95 Eftna v. Council. 
By Regulation (EC) No 477795, the Council amended the anti-dumping measures 
applicable to imports of urea originating in Russia. The European Fertiliser 
Manufacturers Association (EFMA) considered that the new measures were 
insufficient to protect Community industry and lodged an application for annulment 
of the regulation. 
2^ Not yet published 
30 Not yet published 
68 
Regarding the first issue, the quality adjustment, the Court confirmed the findings of 
the Council. An adjustment was appropriate since urea exported from Russia tended 
to deteriorate during transport and because security of supply from Russia was not 
always ensured. The Court also confirmed that the Council had not made any 
obvious error when determining the precise level of adjustment for the quality 
difference in the amount of 10 %. The reasoning of the Court is that the Community 
institutions did not have any better source of information at their disposal other than 
the estimates of the importers and Community producers and were therefore entitled 
to rely on these estimates. 
Regarding the second issue, the target profit for the Community industry, the Court 
upheld the level established by the Community institutions (5 %). The Court stated 
that the Applicant had submitted a report calling for a higher profit margin only after 
the court proceeding had been launched. According to the Court, this was too late. 
The Court also rejected the Applicant's argument that its right to a fair hearing was 
infringed since it was informed during the administrative proceeding that the claim 
for a higher profit margin was not sufficiently substantiated. 
12. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES CONCERNING 
IMPORTS FROM EU MEMBER STATES 
In 1997, seven countries carried out countervailing duties (CVD) investigations involving EU 
Member States, while fourteen countries conducted anti-dumping investigations. Add to that 
four countries carrying out safeguard investigations, and it can be seen that the use of trade 
defense remedies is spreading at an alarming rate following the Uruguay Round. 
The Commission's "pro-active" approach in these cases has led to increasing intervention vis-à-
vis national investigating bodies. 
The Commission will pursue violations of the WTO Agreements (e.g. USA's CVD on leaded 
bar from the U.K., Israel's time limit violations, Argentina's CVD on wheat gluten).. 
However, many of the EU companies, not used to being involved in investigations, do not 
always seem to understand the benefits of co-operating with the investigating authorities. It is 
therefore very difficult for the Commission to intervene in cases of non-co-operation. 
The Commission is ready to assist Member States and companies which are involved in an 
investigation. Nevertheless, it is for companies to defend their own interests by co-operating 
and, if necessary, hiring legal representation. The benefits of such co-operation can be seen in 
the cases described in this report. 
69 
12.1. Anti-dumping and anti-subsidy cases against EU Member States 
12.1.1. USA 
12.1.1.1. Pasta from Italy 
Definitive duties were imposed in July 1996. CVD's range from 1.21% to 11.23%; 
the average CVD is 3.85%. On the other hand, anti-dumping duties range from 
1.68% to 46.67%. The average AD duty is 11.26%. 
In September 1997, the first administrative reviews were initiated. 
12.1.1.2. Lead and Bismuth Steel from the UK 
On 6 October 1997, the Department of Commerce (DOC) imposed a CVD of 7.35% 
on both British Steel and UES following British Steel's repurchase of UES in 1995. 
In May 1997, a further administrative review was initiated, covering imports made in 
the year 1996. On 2 December 1997, a preliminary CVD rate of 5.28% was 
established. In this review, the Commission requested green-light treatment for the 
BRITE-EURAM R&D program. DOC, unable to find a reason to reject the green-
light claim, has instead chosen to dismiss the benefit from the program as de-minimis. 
During the proceeding, British Steel has continued to dispute the DOC s assertion 
that pre-privatization subsidies are "passed through" to the new owners of the 
company. It has now approached the UK authorities on this matter, and the 
Commission has been asked to request dispute settlement with the USA. 
12.1.1.3. Carbon Steel Wire Rod from, inter alia, Germany 
On 18 March 1997, DOC initiated a combined anti-dumping and countervailing case 
against carbon steel wire rod from a number of countries including Germany. 
Allegations on subsidies principally related to debt forgiveness, restructuring aid, 
ECSC aid and to various regional subsidies to the former East Germany. 
On 22 October 1997, the US established subsidy amounts of between 5.6% and 
17.7%. The German Government and the Commission argued that regional aid to 
former East Germany was non actionable (green). DOC, as in the above lead and 
bismuth steel case, avoided having to make a green-light determination, by taking the 
de-minimis route. The DOC also found that certain pre-unification aid was non-
countervailable. 
On 19 November 1997, the ITC made a negative injury finding and so no CVD 
measures were taken in this case. 
70 
12.1.1.4. Stainless Steel Wire Rod from Italy (initiated on 19.08.1997) 
Following Article 13.1 consultations held in Washington on 13 August 1997, DOC 
decided not to investigate 9 of the 43 programs alleged in the complaint. 
The "pass-through" effect is a big issue in this case. The three Italian exporters are' 
now privately owned, but most of the alleged subsidies related to the period of state 
ownership of the same production units; this also causes significant difficulties in the 
collection of the information requested by DOC. 
Provisional countervailing duties were imposed on 29.12.97. 
12.1.1.5. Certain steel from Belgium (review initiated in 1997) 
The review period is the calendar year 1996. 
12.1.1.6. Rayon staple fibre from Sweden 
On 30 May 1997, DOC made a preliminary finding of zero subsidy in an 
administrative review covering the period January-December 1995. 
12.1.2. Canada 
On 13 May 1996, the Canadian International Trade Tribunal (CITT) had made a finding 
of no injury in the anti-dumping and countervailing investigations concerning pasta 
from Italy and therefore the cases were terminated without measures. The complainants 
then appealed against CITT's decision and on 31 January 1997 the Federal Court 
remanded the case to CITT. On 31 May 1997, the CITT confirmed the no injury 
finding. 
12.1.3. Israel 
On 26 July 1995, the Commission was notified by Israel of countervailing duty 
complaints concerning imports of pasta from Italy and baked goods from several EC 
Member States. 
The investigation concerning baked goods (CVD only) was opened on 14 September 
1995. Israel has indicated that it is likely to reject the complaint in view of lack of 
injury. 
On pasta, the investigations (CVD and anti-dumping) were opened on 1 October 1995. 
With regard to the CVD case the complainant has evidently copied the US complaint. 
Many of the Community and Italian regional aid programs are green and therefore non-
actionable. 
71 
No formal decision has been taken in either case and it has been pointed out to Israel 
that their investigations have exceeded the 18 months maximum allowed by the WTO 
Subsidies Agreement. 
12.1.4. New Zealand 
In July 1997, New Zealand initiated a countervailing investigation concerning canned 
peaches from the EU, alleging subsidization by means of export refunds on sugar and 
production aid, and, in the case of Spain, regional aid to one of the canners. 
On 9 December 1997, New Zealand disclosed its finding. Subsidization of 14-21% was 
established, but the regional aid in Spain was "green-lighted" as non-actionable. 
Countervailing duties were imposed in January 1998. 
12.1.5. Australia 
In the first half of 1992, Australia imposed anti-dumping and countervailing duties on 
imports of certain food products which were due to expire in 1997. After receiving 
applications by the respective Australian industries alleging a recurrence of material 
injury if the measures expire, the Australian Anti-Dumping Authority ("ADA") initiated 
expiry reviews. 
12.1.5.1. Canned Peaches from Spain and Greece 
Countervailing duties on imports of canned peaches from Spain and Greece and anti­
dumping duties on imports from Greece were reviewed by the ADA. 
Australia decided that anti-dumping duties on imports from Greece and 
countervailing duties on imports from Spain would expire on 19 February 1997 as 
would countervailing duties on imports from Greece relating to the sugar rebate. 
Only the CVD covering production aid would be continued for a further five years. 
12.1.5.2. Canned Ham from the Denmark (CVD), Ireland and the Netherlands (AD & CVD) 
Australia decided that countervailing and anti-dumping duties would expire on 12 
March 1997. 
12.1.5.3. Glacé Cherries from France and Italy (AD & CVD review) 
Australia decided to allow the anti-dumping duties to expire on 8 April 1997 but to 
continue the countervailing duties on imports from France and Italy for a further five 
years. 
12.1.5.4. Dried Egg White from the Netherlands (CVD review) 
Australia decided that the measures would expire on 6 May 1997. 
72 
12.1.5.5. Canned Tomatoes from Italy (AD & CVD review) and Spain (CVD review) 
Australia decided to let countervailing duties on imports from Spain expire on 29 
April 1997, but to continue anti-dumping and countervailing measures on imports 
from Italy for a further 5 years. 
12.1.6. Argentina 
12.1.6.1. Wheat Gluten (CVD investigation initiated on 26.11.1996) 
The Commission has argued strongly that wheat gluten does not benefit from a 
subsidy. 
In spite of this, Argentina imposed a provisional countervailing duty on 8 October 
1997. The Commission submitted a detailed rebuttal of Argentina's positive finding 
of subsidization. 
12.1.6.2. Olive Oil (CVD investigation initiated in March 1997) 
In November 1997, Argentina announced that it would not take provisional measures 
but would continue the investigation. 
12.1.7. Mexico 
12.1.7.1. Canned peaches from Greece (AD & CVD initiated in May 1997) 
On 9 December 1997, Mexico imposed provisional duties. The amount of subsidy 
was found to be 18.2% and dumping (based on the facts available) was 33.3%. A 
provisional duty of 43.5% was imposed, since part of the subsidy (the export refund 
on sugar) was excluded to avoid double counting. 
12.2. Major anti-dumping investigations against Community Member States 
12.2.1. Israel 
12.2.1.1. Gate Valves from Germany 
In November 1997, Israel terminated this investigation without measures. 
12.2.1.2. Medium Density Fiberboards from Germany, Italy and Portugal 
Initiated on 4 December 1996. On 8 May 1997, provisional duties of between $47 and 
$80 per cubic meter were imposed. 
73 
12.2.1.3. Reinforced Deformed Bars (Rounds) from Spain 
Initiated on 25 July 1995. Provisional duties of $28 per tonne were imposed on 21 
February 1996. The injury finding is likely to depend on the parallel case against 
Italy (see immediately below). The Commission has informed the Israeli authorities 
that the (maximum) 18-month period allowed under the WTO Agreement on Anti­
dumping has expired and that they should terminate the investigation immediately. 
12.2.1.4. Reinforced Rounds from Italy 
In early 1997, the Ministry of Finance refused to take measures on the basis of public 
interest. The competence issue between the Finance and Industry Ministry is now 
being resolved in the courts; in the meantime, this case still remains undecided and 
provisional duties are still being collected. 
12.2.1.5. Pasta from Italy 
Initiated on 1 October 1995 along with a sister countervailing case. Provisional 
measures were imposed on 26 August 1996 but were later eliminated. This 
investigation has also exceeded the maximum 18-month period allowed under the 
WTO Agreement on Anti-dumping. 
12.2.1.6. Disposable diapers from Germany 
Initiated on 27 May 1996. On 27 November Israel established that the dumping 
margin was 30.36% and applied a provisional duty of 7.2% per package; no final 
decision has yet been taken. The 18-month time limit has also expired in this case. 
12.2.1.7. Synthetic media from the UK 
This case was terminated without measures on 23 June 1997 following the 
withdrawal of the complaint. 
12.2.1.8. Granulated Recycled polyethylene from Germany 
Initiated on 6 March 1997. On 5 August 1997, provisional duties were imposed: 
28.2% for high-density polyethylene and 11.5% for low-density polyethylene. 
12.2.2. Canada 
12.2.2.1. Steel reviews 
On 17 June 1996 Revenue Canada initiated a review of normal values and export 
prices in respect of cold rolled steel sheets from, inter alia, Germany, France, Italy, 
the UK and the US. On 2 August 1996 Revenue Canada initiated a review of normal 
values and export prices in respect of corrosion-resistant steel sheets from Australia, 
Brazil, Japan, Korea, New Zealand, the US, France, Germany, Spain, Sweden and the 
UK. 
74 
Most community exporters complained about the complexity of the questionnaires 
and have decided not to submit replies to Revenue Canada; a request from a Spanish 
producer was refused due to non-co-operation at the verification visit. During 1997, 
Canada temporarily suspended anti-dumping duties on certain steel imports due to 
inadequate domestic supply. 
12.2.2.2. Pasta from Italy 
See countervailing case. 
12.2.2.3. Stainless Steel bars 
On 12 December 1997, Revenue Canada received an anti-dumping complaint 
concerning imports of stainless steel bars from Germany, France, Italy, US, Sweden, 
Spain, Taiwan and Japan; an investigation was initiated on 23 December 1997. 
12.2.3. South Africa 
12.2.3.1. Uncoated woodfree paper in reels or sheets from Sweden 
Initiated on 18 July 1996, three Swedish exporters are concerned by the proceeding. 
12.2.3.2. Unglazed and glazed ceramic wall and floor tiles from Italy 
Initiated on 26 October 1996. Due to the large number of concerned companies in 
Italy, the South African Board on Tariffs and Trade has decided to make a sample of 
six representative Italian producers. 
12.2.3.3. Suspension PVC from France, UK, Germany, Belgium, Spain, Netherlands 
South Africa initiated an investigation on 15 March 1996. On 27 March 1997, 
definitive duties of 46% and 66% were imposed on imports from France and UK 
respectively. No measures were taken against the other Member States. 
12.2.3.4. Circuit breakers from France Italy and Spain 
Initiated 31 May 1996. On 7 February 1997, provisional duties were imposed on 
imports from France and Italy; no duty was imposed on imports from Spain. 
12.2.3.5. Calcium propionate and Calcium acetate from the Netherlands 
At the request of the Dutch exporter, reviews of anti-dumping measures on these 
products were initiated in June and July 1996. On 11 April 1997, the duty on calcium 
propionate was withdrawn, but on 9 May 1997 it was provisionally decided to 
maintain the duty on calcium acetate. 
75 
12.2.3.6. Copper tubing from the UK 
This case was initiated on 6 September 1996; following a preliminary investigation, 
no duty was imposed on products form the UK. 
12.2.3.7. Acrylic Fibre from Portugal 
This investigation was initiated on 5 July 1996. On 27 June 1997, a provisional duty 
of 10.9%) was imposed. The Commission made a submission to South Africa about 
this measure, in view of the apparent lack of injury suffered by the petitioner. A 
definitive duty was imposed at the end of 1997. 
12.2.3.8. Glass microspheres from Austria, UK and Belgium 
This case was initiated on 23 May 1997. On 5 September 1997, provisional duties of 
12.1% and 33.2% were imposed on imports from the UK arid Austria respectively. 
12.2.3.9. Coated paperboard from Spain, Austria, Germany and the Netherlands 
This investigation was initiated on 20 March 1997. Following verification visits 
during the summer, South Africa made a proposal to terminate the investigation 
without measures. 
12.2.4. Argentina 
12.2.4.1. Drill bits din 345 from Italy 
Initiated on 21 February 1997. 
12.2.4.2. Pneumatic components from Germany 
Initiated on 18 June 1996. Proceeding terminated without measures on 4 April 1997. 
12.2.4.3. Gas meters from Italy 
Initiated on 27 August 1996. The investigation is ongoing. 
12.2.4.4. Electric cables from France and Spain 
Initiated on 20 February 1996. It has therefore exceeded the 18-month time limit for 
investigations established in the WTO Anti-dumping Agreement. Argentina has 
alleged that the complaint was made in April 1994 and therefore the case is not 
covered by the WTO Agreements. However, this argument is contradicted by the 
facts of the case (the opening notice justified the initiation on the basis of 1995 data): 
consultations on this case were held in Geneva on 29 October 1997. 
76 
12.2.4.5. Optic Fibre cables from Spain 
Initiated on 21 February 1997. Consultations on this case under the WTO Anti­
dumping Agreement were held in Geneva on 29 October 1997. The consultations 
were requested because Spain's share of total imports seems to be below 3% and 
should therefore be considered de-minimis. (The US and Brazil, both of which are 
also subject to investigation, account for over 95% of total imports). 
12.2.4.6. Chemical products from the Netherlands and Germany 
On 5 May 1997, Argentina terminated five investigations concerning various acid 
products, without taking any measures. The investigations had revealed that the 
domestic industry was not suffering injury. 
12.2.5. Malaysia 
12.2.5.1. Self-copy paper from the European Union 
Initiated on 22 August 1996 against the EU and Indonesia. On 19 November 1996, 
the Malaysian authorities imposed provisional anti-dumping duties ranging from 9% 
to 26% on imports from the EU. On 20 April 1997, definitive duties of 4-11% were 
imposed on imports from the EU. 
12.2.5.2. Corrugated medium-paper 
Initiated on 8 July 1997 and concerning the EU, Indonesia, Korea, Japan, Australia, 
Taiwan and Thailand. 
On 4 November 1997, Malaysia announced the imposition of provisional duties on 
EU imports ranging from 21 to 19%. Few EU producers co-operated with the 
investigation. 
12.2.6. India 
12.2.6.1. Acrylonitrile butadeine rubber from Germany 
Initiated on 15 March 1996. A provisional duty of 174% was imposed on 31 January 
1997. 
12.2.6.2. Catalysts from Denmark 
Initiated on 6 September 1996. Provisional duties of 0-154% were imposed on 20 
June 1997. 
77 
12.2.6.3. Graphite electrodes from Germany, Belgium, Austria, France, Spain and Italy 
Initiated on 30 September 1996. 
12.2.7. Korea 
12.2.7.1. Electric shavers from Germany and the Netherlands 
Initiated on 20 July 1996. Provisional duties of between 38.80% and 40.68% were 
imposed by the Korean authorities on 14 November 1996. The final decision in April 
1997 involved the acceptance of price undertaking from the exporters. 
12.2.7.2. Carbonless copy paper from UK and Germany 
Initiated on 20 June 1997. Provisional duties of 17.99 to 18.39% were recommended 
but not imposed. 
12.2.7.3. Certain cellulose products from Germany 
Initiated on 18 June 1997 following a complaint from Samsung and concerning 
imports from Germany and the USA, following a complaint from Samsung. 
12.2.7.4. Electric smoothing irons from France 
Initiated on 23 October 1997 and concerning imports from France, Singapore and 
China. 
12.2.8. Australia 
12.2.8.1. PVC from Belgium 
The proceeding was terminated without measures in November 1996. In May 1997, 
this decision was confirmed following a court challenge by the complainant. 
12.2.8.2. PVC from Germany and the Netherlands 
Following the closure of a previous proceeding, a new investigation was initiated on 
10 July 1997. On 17 October 1997, provisional duties were imposed on imports from 
Germany, Netherlands, Hungary, Israel and India. 
12.2.8.3. Broad tipped highlighter pens from Germany 
Initiated on 11 October 1996. Provisional securities were imposed on 9 January 1997. 
However, the matter was then referred to the ADA, which terminated the case without 
measures in May 1997. 
78 
12.2.8.4. Fibreglass gun rovings from Spain 
Initiated on 13 February 1997. Prior to the preliminary determination, the petitioner 
withdrew the complaint. 
12.2.8.5. Carbonless copy paper from Austria', Belgium, Finland, France, Sweden, Italy, the 
Netherlands and Germany 
Initiated on 9 July 1997. In November 1997, Australia imposed provisional duties on 
certain exporters in Austria, Finland, Germany and the Netherlands. 
12.2.9. USA 
12.2.9.1. Pasta from Italy 
See the section on countervailing duty cases. The use of "facts available" to determine 
the duty level for De Cecco is currently the subject of discussions with the DOC. An 
administrative review was initiated in September 1997. If De Cecco's dumping 
margin is reduced or eliminated, the existing cash deposits will be refunded with 
interest. 
12.2.9.2. Urea from the former GDR 
In November 1997, DOC confirmed its finding of zero dumping in an administrative 
review. Discussions are in progress on how to solve this issue. 
12.2.9.3. Brass Sheets and Strips from Germany 
The DOC denied the revocation of an antidumping order regarding a German exporter 
although they found in three consecutive administrative reviews that the dumping was 
zero. The reason given is that there would be still a likelihood of recurrence of 
dumping. 
12.2.9.4. Large Newspaper Printing Presses from Germany 
On 23 July 1996 DOC imposed 30.72% duties on exports of LNPPs from Germany 
(46.40% for a non-cooperating exporter). A major concern was DOC's scope of duty 
decision which also covered parts for LNPPs. In July 1997, the DOC revised 
instructions on customs clearance with a view to eliminate the problem created by the 
cash deposit on all parts. The new method would aim to ensure that no duty is paid 
where the exporters/importers estimate that the parts are not likely to fall within the 
order. 
79 
12.2.9.5. Open-end spun rayon singles yarn from Austria 
Initiated on 26 August 1996. On 18 March 1997 the DOC made an affirmative 
preliminary dumping determination (margins between 4.77 and 10.83%). The case 
was subsequently terminated without measures due to lack of injury. 
12.2.9.6. Carbon Steel Wire Rod from Germany 
Following the no injury finding in the CVD case, it seems certain that the anti­
dumping case will be terminated. In the anti-dumping investigation, preliminary 
duties of up to 153% have been imposed on the basis of facts available due to non-
cooperation on the part of the exporters. 
12.2.9.7. Stainless Steel Wire Rod from Italy and Germany 
Initiated at the same time as the CVD case concerning Italy. Preliminary findings 
were due on 29 December 1997. 
12.2.10. Philippines 
12.2.10.1. Refractory bricks from Germany 
A provisional duty of 29.61% was imposed on 2 February 1997. It is understood that 
this investigation may be terminated without measures, but nothing has yet been 
published to this effect. 
12.2.11. Egypt 
12.2.11.1. Stainless Steel sinks from Greece and Spain 
Initiated on 7 March 1997. In November 1997, Egypt disclosed its intention to 
impose anti-dumping duties of 35 and 50% respectively on these imports on the basis 
of facts available. There was no co-operation from the exporters concerned. 
12.2.12. Brazil 
12.2.12.1. Sodium Triphosphate 
On 5 August 1997, Brazil imposed an anti-dumping duty of 39.82% on imports of 
sodium triphosphate from the UK. This duty was lower than the dumping margin of 
43.06%, Brazil having applied the "lesser-duty rule". 
80 
12.2.12.2. Soda Ash 
On 30 September 1997, Brazil announced that the investigation concerning imports of 
Soda Ash from the UK would be extended for a further six months. 
12.2.12.3. Blood collection tubes 
An anti-dumping investigation concerning imports of this product from the UK was 
initiated on 15 September 1997. 
12.2.13. Turkey 
On 29 June 1997, Turkey initiated an anti-dumping investigation concerning ball 
bearings of more than 30mm from the EU and Japan. 
12.2.14. Indonesia 
On 13 November 1997, Indonesia initiated an anti-dumping investigation concerning 
white newsprint paper from France. 
Although the case concerns only France, all EU exporters were advised to consider co­
operation, as Indonesia has considered that it may apply measures to the EU as a whole, 
and may also conduct sampling on an EU-wide basis. 
12.3. Safeguard investigations of third countries concerning imports from Community 
Member States 
12.3.1. Brazil 
12.3.1.1. Imports of toys 
On 1 January 1997, Brazil imposed definitive safeguard measures on imports of all 
types of toys in the form of an additional duty on top of the regular tariff rate of 20% 
which decreases progressively until 1999: 43% in 1997, 29% in 1998 and 15% in 
1999. The resulting tariff levels are below the bound rates within the WTO 
framework except for three tariff lines, where tariffs exceed bound rates slightly in the 
years 1997 and 1998. 
81 
12.3.2. Korea 
12.3.2.1. Imports of Certain Dairy Products 
On 27 January 1997 Korea notified the WTO of its intention to propose a safeguard 
measure against imports of milk powder blends which were liberalised as a result of 
Korea's WTO commitments. 
On 7 March 1997 Korea imposed definitive safeguard measures in the form of a 
quota. As a result of the pressure put on Korea mainly by the Community, it 
increased the quota by 25%. 
The measure, however, seems not to be in compliance with the WTO Agreement on 
Safeguards, in particular because the findings of serious injury and causal link are not 
supported by sufficient evidence, no price analysis was conducted, consultations were 
delayed and the WTO notifications were inadequate. In view of this, the Community 
held dispute-settlement consultations with Korea on 10 September and 16 October 
1997, and is considering dispute settlement. 
12.3.3. Argentina 
12.3.3.1. Imports of Footwear 
On 25 February 1997 the Ministry of Economy, Public Works and Services initiated 
safeguard proceedings in respect of imports of footwear of all kinds (except ski boots 
and snowboards) and imposed provisional measures in the form of specific duties as 
of 25 February 1997 for a period of 200 days. In September 1997, Argentina imposed 
definitive measures. 
12.3.3.2. The Community has serious concerns about the conformity of the measure with the 
WTO Agreement on Safeguards. 
The duties go beyond Argentina's bound rates; consultations with Argentina have not 
yet solved the problem. Although the Community's immediate trade interest is small, 
the violations of the Safeguard Agreement seem blatant and dispute settlement action 
is being considered if no compromise can be found. 
12.3.4. USA 
12.3.4.1. Imports of Wheat Gluten 
Having had their Section 301 subsidy petition rejected, the US gluten producers 
decided on 19 September 1997 to request a Section 202 safeguard action. 
82 
This was initiated on 3 October 1997, and a public ITC hearing was held on 16 
December 1997. The European Industry and the Commission were present at the 
hearing. 
A decision of the ITC was due by 16 January 1998. 
12.4. USA - anti-circumvention actions 
12.4.1. Leaded billets from UK and Germany 
On 19 June 1997, DOC initiated an investigation into the alleged circumvention of anti­
dumping and countervailing measures on leaded bars by exports of leaded billets from 
the UK and Germany. Billets are rolled into bars by means of a process carried out in 
the US. 
12.4.2. Pasta from Italy 
On 8 December 1997, an anti-circumvention investigation was initiated with regard to 
Barilla. 
13. GATTAVTO ISSUES 
In October 1997, the Commission held consultations under the WTO Anti-Dumping Agreement 
with Argentina concernings investigations on electric cables and optic fibres. Consultations 
provided for in the WTO Subsidies Agreement were held with the US and New Zealand in the 
course of a number of CVD cases, but not under dispute settlement. 
The WTO Agreements on Anti-dumping and Subsidies and Countervailing Measures finalised 
during the Uruguay Round were not subject to any changes or re-negotiation in 1997. - On anti­
dumping, an informal group was established to discuss the problem of circumvention of 
measures, in line with the Ministerial Decision signed at Marrakech. The Community and the 
United States are leading the effort to reach agreement on the application of uniform rules in this 
area. The so-called Ad hoc Group on Implementation of Article VI (anti-dumping rules) met 
twice in 1997, proving to be a useful forum for exchange of information on principles and 
practice in applying the WTO Agreement, and promoting even and effective enforcement of the 
multilateral rules. In parallel, work is ongoing on the Harmonisation of Rules of Origin, as part 
of the work programme foreseen by the Agreement on Rules of Origin (ARO) at the end of the 
Uruguay Round. 
83 
14. CHANGES TO THE BASIC REGULATION 
In December 1997, the Commission adopted a Communication to the Council proposing a 
change to the EU anti-dumping legislation and practice concerning the treatment of Russia and 
China in anti-dumping proceedings31. Currently these countries are considered as non-market 
economies for the purpose of anti-dumping proceedings. The proposal takes account of the 
reforms ongoing and the new economic realities that exist in Russia and China. 
The proposal removes the label "non-market economy" in respect of China and Russia. It 
institutes a new case by case approach for anti-dumping proceedings for these countries, 
whereby exporters can request market economy treatment if they operate within clearly defined 
market economy conditions. This means that for those exporters who can prove their status, 
their prices and costs would be used to establish normal value, as is the case in proceedings 
involving market economy countries. Finally, it introduces a more systematic approach to the 
granting of individual treatment and calculation of comparative advantage. 
In addition, a new basic Regulation (Council Regulation (EC) No 2026/97) concerning anti-
subsidy proceedings entered into force in October 1997. This Regulation corrected some 
drafting problems contained in the earlier version (Regulation (EC) No 3184/94). 
15. PERSONNEL AND ADMINISTRATION 
During 1997, the anti-dumping services were located in three different buildings. In order to 
overcome the administrative constraints caused thereby, it was decided that the whole of the 
anti-dumping services move to the building situated at rue Demot 24 in early 1998. 
In the course of the year, the anti-dumping service continued its effort to make newly arrived 
personnel quickly operational and to provide additional training to officials in service. To this 
end, 1 anti-dumping course and 6 cost accountancy courses were organised which proved to be 
very effective. 
31 OJ No C 70, 6.3.98; The proposal has been adopted by the Council on 27 April 1998 (OJ No L 128, 30.4.98) 
84 
ANNEX A 
NEW INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
VX JSg^^roauct^ ,^^{;g^:t;||t-Country'Qf origin OJRëferènce e 
Fasteners (stainless steel) Thailand C25, 25.01.97 
Fax machines P.R.China C32, 1.02.97 
Japan 
Malaysia 
Singapore 
South Korea 
Taiwan 
Thailand 
Potassium permanganate India C130,26.04.97 
Ukraine 
Polysulphide polymers USA . C187, 19.06.97 
Synthetic fibre ropes India C201, 1.07.97 
Glutamic acid (monosodium glutamate) Brazil C205,5.07.97 
USA 
Vietnam 
Cotton fabric (unbleached) P.R.China C210, 11.07.97 
Egypt 
India 
Indonesia 
Pakistan 
Turkey 
Narrow, steel strips (Regional case) Russia C211, 12.07.97 
Synthetic fibre ropes South Korea C232, 31.07.97 
Unwrought magnesium P.R. China C256, 21.08.97 
Stainless steel bright bars (Anti-dumping) India C264, 30.08.97 
Antibiotics (broad spectrum) (Anti-subsidy) India C277, 12.09.97 
Thiourea dioxide P.R. China C323, 24.10.97 
Laser optical reading systems P.R.China C324,25.10.97 
Japan 
Malaysia 
South Korea 
Taiwan 
Stainless steel bright bars (Anti-subsidy) India C328, 30.10.97 
Cochineal carmine (Anti-subsidy) Peru C335, 6.11.97 
Hardboard Brazil C336, 7.11.97 
Bulgaria 
Estonia 
Latvia 
Lithuania 
Poland 
Russia 
Bicycles Taiwan C360, 26.11.97 
Electrolytic capacitors Thailand C363,29.11.97 
USA C363, 29.11.97 
Woven glass fibre (Anti-dumping) Taiwan C366, 4.12.97 
Woven glass fibre (Anti-subsidy) ___^____^___^_-. 
rr 
ANNEX B 
NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION 
OF PROVISIONAL DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
HâR^3pï9^AI^ipg^ $mM 
* ,r-vMffiië Gountrypf origin m. egulation N°.J OJJReferëncë 
Polyethylene/polypropylene sacks India 
Indonesia 
Thailand Com. Reg. 
(EC) N°. 45/97 
10.01.97 L12, 15.01.97 
Polyester yarn (PTY) Malaysia Com. Reg. 
(EC) N°. 53/97 
14.01.97 L13, 16.01.97 
Footwear (textile) P.R. China 
Indonesia Com. Reg. 
(EC)N°. 165/97 
28.01.97 L29, 31.01.97 
Handbags P.R. China Com. Reg. 
(EC) N°. 209/97 
3.02.97 L33, 4.02.97 
Zinc (unwrought unalloyed) Poland 
Russia Com. Reg. 
(EC) N°. 593/97 
25.03.97 L89, 4.04.97 
Seamless steel pipes and tubes Czech Republic 
Russia 
Romania 
Slovak Republic Com. Reg. 
(EC) N°. 981/97 
29.05.97 L141, 31.05.97 
Flat pallets of wood Poland Com. Reg. 
(EC)N°. 1023/97 
6.06.97 L150, 7.06.97 
Bed linen (cotton) Egypt 
India 
Pakistan Com. Reg. 
(EC)N°. 1069/97 
12.06.97 L156, 13.06.97 
Advertising matches Japan Com. Reg. 
(EC)N°. 1092/97 
16.06.97 L158, 17.06.97 
Glyphosate P.R. China Com. Reg. 
(EC)N°. 1731/97 
4.09.97 L243, 5.09.97 
Fasteners (stainless steel) P.R. China 
India 
Malaysia 
South Korea 
Taiwan 
Thailand Com. Reg. 
(EC)N°. 1732/97 
4.09.97 L243, 5.09.97 
Ferro-silico-manganese P.R. China Com. Reg. 
(EC)N°. 1778/97 
12.09.97 L252. 16.09.97 
Fax machines P.R. China 
Japan 
Malaysia 
Singapore 
South Korea 
Taiwan 
Thailand Com. Reg. 
(EC) N°. 2140/97 
30.10.97 L297, 31.10.97 
n 
ANNEX C 
NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION 
OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
Product 
Ring binder mechanisms 
Lighters (disposable) 
Polyester yarns (PTY) 
Handbags (leather) 
Salmon (Anti-dumping) 
Salmon (Anti-subsidy) 
Zinc (unwrought unalloyed) 
Polyethylene/polypropylene sacks 
Advertising matches 
Footwear (textile) 
Seamless steel pipes and tubes 
Flat pallets of wood 
Bed linen (cotton-type) Country of origin: 
P.R. China 
Malaysia 
Mexico 
Philippines 
Malaysia 
P.R. China 
Norway 
Norway 
Poland 
Russia 
India 
Indonesia 
Thailand 
Japan 
P.R. China 
Indonesia 
Czech Republic 
Romania 
Russia 
Slovak Republic 
Poland 
Egypt 
India 
Pakistan Regulation N°. 
Council Reg. 
(EC)N°. 119/97 
20.01.97 
Council Reg. 
(EC) N°. 423/97 
3.03.97.97 
Council Reg. 
(EC)N°. 1001/97 
2.06.97 
Council Reg. 
(EC)N°. 1567/97 
1.08.97 
Council Reg. 
(EC)N°. 1890/97 
26.09.97 
Council Reg. 
(EC)N°. 1891/97 
26.09.97 
Council Reg. 
(EC)N°. 1931/97 
22.09.97 
Council Reg. 
(EC)N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 2025/97 
15.10.97 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Council Reg. 
(EC) N°. 2334/97 
24.11.97 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 OJ Reference 
L22, 24.01.97 
L65, 6.03.97 
L145, 5.06.97 
L208, 2.08.97 
L267, 30.09.97 
L267, 30.09.97 
L272, 4.10.97 
L276, 9.10.97 
L284, 16.10.97 
L298, 1.11.97 
L322, 25.11.97 
L324, 27.11.97 
L332, 4.12.97 
o 
ANNEX D 
NEW INVESTIGATIONS TERMINATED 
WITHOUT IMPOSITION OF MEASURES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
W-' «i^wta*! M 
Tapered roller bearings 
Iron or steel sections 
Portland cement 
Zinc (unwrought unalloyed) 
Briefcases and school bags 
Synthetic fibre ropes 
Luggage and travel goods 
Handbags (textile, plastic) Japan 
Czech Rep. 
Hungary 
Romania 
Tunisia 
Turkey 
Kazakstan 
Ukraine 
Uzbekistan 
P.R. China 
India 
P.R. China 
P.R. China Com. Dec. 
(EC) N°. 27/97 
3.12.96 
Com. Dec. 
(EC) N°. 35/97 
14.01.97 
Com. Dec. 
(EC) N°. 169/97 
30.01.97 
Com. Dec. 
(EC) N°. 223/97 
25.03.97 
Com. Dec. 
(EC) N°. 355/97 
9.06.97 
Com. Dec. 
(EC) N°. 400/97 
13.06.97 
Com. Dec. 
(EC) N°. 412/97 
1.07.97 
Council Reg. 
(EC)N°. 1567/97 
1.08.97 L10, 14.01.1997 
L13, 16.01.1997 
L67, 7.03.1997 
L89, 4.04.1997 
L151, 10.06.1997 
L166, 25.06.1997 
L174, 2.07.1997 
L208, 2.08.1997 
et 
ANNEX E 
NEW INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT 
DURING THE PERIOD 1 JANUARY 1993 - 31 DECEMBER 1997 
emmmmamm 
Belarus 
Brazil 
Bulgaria 
Canada 
P. R. China 
Croatia 
Czech Republic 
Egypt 
Estonia 
Georgia 
Hungary 
India 
Indonesia 
Japan 
Kazakhstan 
Latvia 
Lithuania 
Macao 
Malaysia 
Mexico 
Norway 
Pakistan 
Peru 
Philippines 
Poland 
Romania 
Russia 
Singapore 
Slovakia 
South Africa 
South Korea 
Taiwan 
Thailand 
Turkey 
Ukraine 
USA 
Uzbekistan 
Vietnam mmm 
-
1 
1 
-
4 
-
-
-
-
1 
-
-
-
1 
-
-
-
-
2 
-
-
-
-
-
1 
-
1 
-
-
1 
2 
1 
2 
1 
1 
1 
-
-
21 I 
-
-
5 
1 
2 
-
-
-
-
4 
4 
2 
1 
' -
1 
-
2 
1 
-
3 
-
-
1 
-
3 
-
2 
-
-
1 
5 
2 
1 
1 
-
-
43 »995* 
-
-
-
1 
5 
-
1 
-
-
-
1 
1 
4 
-
1 
-
-
1 
2 
1 
-
-
-
1 
2 
-
1 
1 
-
-
4 
-
4 
-
1 
-
1 
-
33 M199M 
-
-
-
-
6 
-
1 
2 
-
-
-
4 
1 
-
-
-
-
-
1 
-
2 
2 
-
-
-
-
1 
-
-
-
-
25 mmiÂ 
-
2 
1 
-
5 
-
-
1 
1 
-
-
6 
1 
2 
-
1 
1 
-
2 
-
-
1 
1 
-
1 
-
2 
1 
-
-
3 
4 
3 
1 
1 
3 
-
1 
45 
^ 
ANNEX F 
NEW INVESTIGATIONS INITIATED BY PRODUCT SECTOR 
DURING THE PERIOD 1 JANUARY 1993 - 31 DECEMBER 1997 
mmm 
Chemical and allied 
Textiles and allied 17 10 
Wood and paper 
Electronics 7 7 14 
Other mechanical engineering 
Iron and Steel 7 
Others metal 
Other 
21 43 33 25 45 
9, 
INITIATED 
-<i£co'.;-;-• ;$\:p; '-p* f... -fjzPro&uct »*'.^^fll§^-; ^®%S 
Ferrosilicon 
Silicon metal 
Synthetic polyester fibres 
Electrolytic capacitors 8fe$Oflgm3v-r 
Egypt 
Poland 
Brazil 
South Korea 
Taiwan 
Japan .^Measure i?> 
Anti-dumping 
Anti-dumping 
Anti-dumping 
Anti-dumping 0J Reference 
C204, 4.07.1997 
C242, 8.08.1997 
C321, 22.10.1997 
C365, 3.12.1997 
« 
CONCLUDED 
:•'&+i'- '• '-.^^XiSc'M''. ^Product y?£%. "^^0Z$t'--:'^,}E, 
Polypropylene sacks and bags 
Video tape in cassettes 
DRAM'S 
Silicon metal M-ÊOrigin &4v/ 
P.R. China 
P.R. China 
Japan 
South Korea 
P.R. China ^Measure 
Imposition of 
measure 
Repeal of duty 
Repeal of duty 
Imposition of 
measure OJ Reference 
L284, 16.10.1997 
L304, 7.11.1997 
L324, 27.11.1997 
L345, 16.12.97 ANNEX G 
EXPIRY REVIEWS INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
ANNEX H 3 
INTERIM REVIEWS INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
INITIATED 
:.;;;lffi;^ 
Silicon metal 
Furfuraldehyde 
Glutamic acid (monosodium glutamate) 
Electrolytic capacitors 
Handbags (leather) llil0wgirillll| 
Brazil 
P.R. China 
Indonesia 
South Korea 
Taiwan 
Japan 
P.R. China gJlMe^tirei;^:, 
Anti-dumping 
Anti-dumping 
Anti-dumping 
Anti-dumping 
Anti-dumping 10J Reference 
C3, 7.01.1997 
C156, 24.05.1997 
C201, 1.07.1997 
C365, 3.12.1997 
C378, 13.12.1997 
CONCLUDED 
Product 
Disposable lighters 
EPROM's 
Ball bearings (>30mm) 
Ball bearings (<30mm) 
Outer rings of T.R.B.'s 
Silicon carbide 
Artificial corundum 
Sodium carbonate (soda ash) 
Seamless pipes and tubes 
DRAM's 
Silicon metal 
Electrolytic capacitors Origin 
Thailand 
Japan 
Japan 
Japan 
Japan 
Ukraine 
P.R. China 
U.S.A. 
Poland 
Croatia 
Japan 
South Korea 
P.R. China 
Japan Measure 
Imposition 
of measure 
Repeal 
of measure 
Repeal 
of measure 
Repeal 
of measure 
Repeal 
of measure 
Imposition 
of measure 
Imposition 
of measure 
Repeal 
of measure 
Imposition 
of measure 
Repeal 
of measure 
Repeal 
of measure 
Imposition 
of measure 
Imposition 
of measure OJ Reference 
L35, 6.03.1997 
L99, 16.04.1997 
L115, 3.05.1997 
L117, 7.05.1997 
L162, 19.06.97 
L254, 17.09.1997 
L276, 9.10.1997 
L282, 15.10.1997 
L322, 25.11.97 
L324, 27.11.97 
L345, 16.12.97 
L351, 23.12.1997 
9A 
NEW EXPORTER REVIEWS INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
INITIATED 
-; , •-Product V". it-J^ >$fe 
Polyester yarn (PTY) Country of origin & ;r * 
Indonesia ' -OJ Reference 
L347, 18.12.1997 
CONCLUDED 
•, \ •"' Product'^-'-' . ; ;f-"//' , •"''%-.••-? 
Synthetic fibres of polyester 
Polyester yarns q. Country of origin i^ 
India 
Indonesia 
Turkey "• 'Measure /,-"'• 
Amendment 
ofduty 
Amendment 
of duty OJ Reference 
L131, 23.05.1997 
L131, 23.05.1997 ANNEX I 
ANNEX J 
ANTI-ABSORPTION INVESTIGATIONS 
INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
- • :lilliSll:f' ' Product •. 
Microwave ovens 
Ammonium nitrate 
Product 
Television cameras INI 
-..-'> 
CON TIATED 
Ojn^??\j.j$^\%t. 
South Korea 
Russia 
CLUDED 
; Origin 
Japan < " i " 
• 
Measure 
Imposition 
of duty O J Reference 
C19, 18.01.1997 
C162, 29.05.1997 
QJ Reference 
L276, 9.10.1997 
ANTI-CIRCUMVENTION INVESTIGATIONS 
INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 ANNEX K 
INITIATED 
ii&^^^^^^^Kaduct^^^^^M^m 
Polyester staple fibre tMpm^^my^B^&'MM 
Belarus IPJJReTerence,; 
L102, 19.04.1997 
CONCLUDED 
''^^^^^^^.^Broduct^g^^^W^W 
Bicycles 
Electronic weighing scales (assembly in the Community) 
Electronic weighing scales (assembly in Indonesia) 
Polyester staple fibre 3BHOB§uo|pli 
P.R. China 
Japan 
Singapore 
Japan 
Belarus iWM^siire^l 
Extension 
'of duty 
Termination 
without extension 
Termination 
without extension 
Extension 
of duty COJSReference 
L16, 18.01.1997 
L141, 31.05.97 
L141, 31.05.97 
L346, 17.12.1997 
ANNEX L 
SUSPENSION OF MEASURES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
. •• ;• •&• -Product^.f3gf^*'-.IT^-|;;/»A°ffi^P^nginJ2 OJiReferetice < -
NONE 
ANNEX M 
MEASURES WHICH EXPIRED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1997 
^Y^-A« , ., - -^Product <H'^A«^i Origin :€ jjÉjb i^eas^fèil..'" v .Original measure i 
f^:iO JTteference Publication 
".=dateTC 
Thermal paper Japan duty + undertaking L81, 26.03.92 C87, 8.03.97 
Cotton yarn Brazil 
Turkey duty L82, 27.03.92 C87, 8.03.97 
Polyester yarns 
(man-made staple fibres) P.R. China 
Indonesia 
Taiwan 
Turkey duty L88, 3.04.92 C97, 25.03.97 
Semi-finished products of alloy steel Brazil 
Turkey duty + undertaking L182, 2.07.92 C194, 25.06.97 
Car radios South Korea duty L222, 7.08.92 C231, 30.07.97 
Sheets and plates of iron or steel Fed. Rep. of Yugoslavia 
FYR Macedonia 
Slovenia Rep. duty + undertaking L221, 6.08.92 C231, 30.07.97 
Plain paper photocopiers Japan duty L244, 12.10.95 C303, 4.10.97 
Synthetic polyester fibres Fed. Rep. of Yugoslavia 
FYR Macedonia 
Romania 
Turkey duty L306, 22.10.92 C312, 14.10.97 
91 
ANNEX N 
COURT CASES PENDING 
BEFORE THE COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE 
OF THE EUROPEAN COMMUNITIES ON 31 DECEMBER 1997 
Case T-2/95 IPS v. Council 
Case T-97/95 Sinochem v. Council 
Case T-210/95 EFMA v. Council 
Case T-232/95 CECOM v. Council 
Case T-46/96 Whirlpool v. Council 
Case T-48/96 ACME v. Council 
Case T-51/96 MIWON v. Council 
Case T-l 18/96 Thai Bicycle Industry v. Council 
Case T-73/97 British Shoe Corp. and others v. Commission 
CaseT-74/97 Buchel & Co. v. Council 
Case T-75/97 Buchel & Co v. Commission 
Case T-80/97 Starway v. Council 
Case T-84/97 BEUC v. Commission 
Case T-l47/97 Champion Stationary Mfg Co. Ltd. v. Council 
Case T-171/97 Swedish Match Philippines v. Council 
Case T-213/97 EUROCOTON v. Council 
Case T-245/97 Kaufhof Warenhaus v. Commission 
Case T-256/97 BEUC v. Commission 
Case T-267/97 Broome & Wellington v. Commission 
Case T-597/97 Euromin SA v. Council 
Case T-599/97 Swedish Match v. Council 
9É* 
ANNEX O 
IBrBducti 
Activated powdered carbon 
Advertising matches DEFINITIVE MEASURES IN FORCE 
ON 31st DECEMBER 1997 
(ranked by product) 
iri&ini 
P.R. China 
Japan Duties 
Duties ion 
Council Reg. 
(EC)N°. 1006/96 
3.06.96 
Council Reg. 
(EC) N°. 2025/97 
15.10.97 L134, 5.06.96 
L284, 16.10.97 
Ammonium nitrate fertilizer Lithuania 
Russia Undertakings 
Duties Com. Dec. 
(EC) N°. 293/94 
13.04.94 
Council Reg. 
(EC) N°. 2022/95 
16.08.95 L129, 21.05.94 
L198, 23.08.95 
Artificial corundum P.R. China Duties Council Reg. 
(EC)N°. 1951/97 
6.10.97 L276, 09.10.97 
Ball-bearings (CVD) Thailand Duties 
Undertakings Council Reg. 
(EC) N°. 2271/94 
19.09.94 
Com. Dec. 
(EC) N°. 639/94 
3.08.94 L247, 22.09.94 
L247, 22.09.94 
Bed linen (cotton-type) Egypt 
India 
Pakistan Duties Council Reg. 
(EC) N°. 2398/97 
28.11.97 L332, 4.12.97 
Bicycles P.R. China 
Indonesia 
Malaysia 
Thailand Duties 
Duties Council Reg. 
(EC) N°. 2474/93 
8.09.93 
Council Reg. 
(EC) N°. 648/96 
28.03.96 L228, 9.09.93 
L91, 12.04.96 
Bicycle parts P.R. China Duties Council Reg. 
(EC) N°. 71/97 
10.01.97 L16, 18.01.97 
Calcium metal P.R. China 
Russia Duties Council Reg. 
(EC) N°. 2557/94 
19.10.94 L270, 21.10.94 
Chamottes (refractory) P.R. China Duties Council Reg. 
(EC)N°. 137/96 
22.01.96 L21, 27.01.96 
Coumarin P.R. China Duties Council Reg. 
(EC) N°. 600/96 
25.03.96 L86, 4.04.96 
Dihydrostreptomycin P.R. China Duties Council Reg. 
(EC) N°. 3836/91 
19.12.91 L362. 31.12.91 
Electrolyte capacitors Japan 
South Korea 
Taiwan Duties 
Duties Council Reg. 
(EC) N°. 3482/92 
30.11.92 
Council Reg. 
(EC)N°. 1384/94 
13.06.94 L353, 3.12.92 
L152, 18.06.94 
^ 
.TH-ri'tc'-r W--< ^Product * ~ - - aS^Vx; 
Electronic weighing scales 
Ethanolamines 
Ferrochrome (low-carbon) 
Ferro-silico-manganese 
Ferro-silicon 
Flat pallets of wood 
Fluorspar 
Footwear (textile) 
Furfuraldehyde 
Glutamic acid (monosodium glutamate) 
Grain-oriented electrical steel sheets 
Handbags (leather) %^Origin£fe% 
Japan 
Singapore 
South Korea 
USA 
Kazakhstan 
Russia 
Ukraine 
Brazil 
Russia 
South Africa 
Ukraine 
Ukraine 
Egypt 
Poland 
Poland 
Egypt 
Brazil 
Iceland* 
Kazakhstan 
Norway* 
Ukraine 
Venezuela 
Russia 
P.R. China 
South Africa 
Poland 
P.R. China 
P.R. China 
Indonesia 
P.R. China 
Indonesia 
South Korea 
Taiwan 
Russia 
P.R. China ^Measure* 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Undertakings 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties i Regulation^?. 
Council Reg. 
(EC) N°. 993/93 
26.04.93 
Council Reg. 
(EC) N°. 2887/93 
20.10.93 
Council Reg. 
(EC) N°. 229/94 
1.02.94 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Com. Dec. 
(EC) N°. 418/95 
26.07.95 
Council Reg. 
(EC) N°. 3642/92 
Com. Dec. 
(EC) N°. 572/92 
14.12.92 
Com. Dec. 
(EC) N°. 331/92 
30.06.92 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Council Reg. 
(EC) N°. 621/94 
17.03.94 
Council Reg. 
(EC) N°. 2334/97 
24.11.97 
Com. Dec. 
(EC)N°. 1023/97 
6.06.97 
Council Reg. 
(EC) N°. 486/94 
4.03.94 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 95/95 
16.01.95 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Com. Dec. 
(ECSC) N°. 303/96 
Council Reg. 
(EC)N°. 1567/97 
1.08.97 OJ^eferencej 
L104, 29.04.93 
L263, 22.10.93 
L28, 2.02.94 
L246, 2.10.93 
L248, 14.10.95 
L248, 14.10.95 
L369, 18.12.92 
L183, 3.07.92 
L302, 9.12.93 
L77, 19.03.94 
L324, 27.11.97 
L150, 7.06.97 
L62, 5.03.94 
L298, 1.11.97 
L15, 21.01.95 
L15, 20.01.96 
L42, 20.02.96 
L208, 2.08.97 
OCJ 
i^^^m^MPjo'ductm^^ léasure^l lation; IQMiè&Ë®m~ 
Isobutanol Russia Duties Council Reg. 
(EC) N°. 721/94 
29.03.94 L87, 31.03.94 
Lighters (disposable) Japan 
P.R. China 
Mexico 
Philippines 
Thailand Duties 
Duties 
Duties 
Undertakings Council Reg. 
(EC) N°. 3433/91 
25.11.91 
Council Reg. 
(EC)N°. 1006/95 
3.04.95 
Council Reg. 
(EC) N°. 423/97 
3.03.97 
Com. Dec. 
(EC) N°. 167/97 
25.02.97 L326, 28.11.91 
L101, 4.05.95 
L65, 6.03.97 
Magnesia (deadbumed) P.R. China Duties Council Reg. 
(EC) N°. 3386/93 
6.12.93 L306, 11.12.93 
Magnesium oxide (caustic magnesite) P.R. China Duties Council Reg. 
(EC) N°. 1473/93 
T4.06.93 L145, 17.06.93 
Microdisks P.R. China 
Japan 
Taiwan 
Hong Kong 
South Korea 
Malaysia 
Mexico 
USA Duties 
Duties 
Duties Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC) N°. 2199/94 
9.09.94 
Council Reg. 
(EC) N°. 663/96 
28.03.96 L262, 21.10.93 
L236, 10.09.94 
L92, 13.04.96 
Microwave ovens P.R. China 
Malaysia 
South Korea 
Thailand Duties Council Reg. 
(EC) N°. 5/96 
22.12.95 L2, 4.01.96 
Peroxidisulphates P.R. China Duties Council Reg. 
(EC) N°. 2961/95 
18.12.95 L308, 21.12.95 
Photo albums P.R. China Duties Council Reg. 
(EC) N°. 3664/93 
22.12.93 L333, 31.12.93 
Pig iron (haematite) Brazil 
Poland 
Russia 
Ukraine 
Czech Republic Duties 
Duties 
Undertakings Com. Dec. 
(ECSC)N°. 1751/94 
Com. Dec. 
(ECSC) N°. 55/96 
15.01.96 L182, 16.07.94 
L12. 17.01.96 
Polyester fibres and yarns (CVD) Turkey Undertakings Com. Dec. 
(EC) N°. 511/91 
23.09.91 L272, 28.09.91 
Polyester filament tow Belarus Duties Council Reg. 
(EC) N°. 2513/97 
15.12.97 L346, 17.12.97 
Polyester staple fibre Belarus Duties Council Reg: 
(EC) N°. 1490/96 
23.07.96 L189. 30.07.96 
Polyester yarns (POY and PTY) Turkey Duties Council Reg. 
(EC)N°. 1074/96 
14.06.96 L141, 14.06.96 
/o/ 
..Ws$v>:•::•> ;. .Product '^ • M--m 
Polyester yarns (PTY) 
Polyethylene/polypropylene sacks 
Polyolefin woven sacks and bags 
Potassium chloride 
Potassium permanganate 
Ring binder mechanisms 
Salmon (Anti-dumping) 
Salmon (CVD) 
Seamless steel pipes and tubes 
Silicon carbide 
Silicon metal 
Sisal twine HlfeOrigin --; 
Taiwan 
Indonesia 
Thailand 
Malaysia 
India 
Indonesia 
Thailand 
P.R. China 
Belarus 
Russia 
Ukraine 
P.R. China 
P.R. China 
Malaysia 
Norway 
Norway 
Czech Republic 
Hungary 
Poland 
Romania 
Russia 
Slovak Republic 
P.R. China 
Poland 
Russia 
Ukraine 
Russia 
Brazil 
P.R. China 
Brazil Measure: 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Duties 
Undertakings Regulation N°. 
Council Reg. 
(EC)N°. 1074/96 
14.06.96 
Council Reg. 
(EC) N°. 2160/96 
11.11.96 
Council Reg. 
(EC)N°. 1001/97 
2.06.97 
Council Reg. 
(EC)N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 2003/97 
13.10.97 
Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 2819/94 
17.11.94 
Council Reg. 
(EC)N°. 119/97 
20.01.97 
Council Reg. 
(EC)N°. 1890/97 
26.09.97 
Com. Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC)N°. 1891/97 
26.09.97 
Com. Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC) N°.790/97 
24.10.97 
, Council Reg. 
(EC) N°. 821/94 
12.04.94 
Com. Dec. 
(EC) N°. 202/94 
9.03.94 
Council Reg. 
(EC) N°. 2305/92 
4.08.92 
Council Reg. 
(EC) N°. 2496/97 
11.12.97 
Com. Dec. 
(EC) N°. 521/93 
3.09.93 O J Reference 
L141, 14.06.96 
L289, 12.11.96 
L145, 5.06.97 
L276, 9.10.97 
L284, 16.10.97 
L80, 24.03.94 
L298, 19.11.94 
L22, 24.01.97 
L267, 30.09.97 
L322, 25.11.97 
L94, 13.04.94 
L222, 7.08.92 
L345, 16.12.97 
L251, 8.10.93 
s^<*M»& ^iSv\^;Producl«,%ii^; 'V-w* ïaa& 
Synthetic textile fibres of polyester 
Television camera systems 
Televisions (colour) 
Televisions (small-screen colour) 
Tube and pipe fitting, of iron or steel 
Tungsten carbide and fused tungsten carbide 
Tungsten ores and concentrates 
Tungstic oxide and acid 
Typewriter ribbons 
Unwrought magnesium 
Urea ^MOrigin^; 
India 
South Korea 
Taiwan 
Japan 
P.R. China 
Malaysia 
Singapore 
South Korea 
Thailand 
P.R. China 
South Korea 
P.R. China 
Croatia 
Thailand 
Croatia 
Thailand 
P.R. China 
P.R. China 
P.R. China 
P.R. China 
Russia 
Ukraine 
Russia '.tMeâsure;^ 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Duties Regulation N?.^ 
Council Reg. 
(EC) N°. 54/93 
8.01.93 
Council Reg. 
(EC) N°. 3017/92. 
19.10.92 
Council Reg. 
(EC)N°. 1054/94 
29.04.94 
Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC) N°. 2093/91 
15.07.91 
Council Reg. 
(EC)N°. 1048/90 
25.04.90 
Council Reg. 
(EC) N°. 584/96 
11.03.96 
Com. Dec. 
(EC) N°. 252/96 
1.03.96 
Council Reg. 
(EC) N°. 2737/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2735/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2736/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 3200/90 
5.11.90 
Com. Dec. 
(EC) N°. 1937/90 
5.11.90 
Council Reg. 
(EC)N°. 1347/96 
2.07.96 
Com. Dec. 
(EC) N°. 422/96 
25.06.96 
Council Reg. 
(EC) N°. 477/95 
16.01.96 OJReferenc|| 
L9, 15.01.93 
L306, 22.10.92 
L111,30.04.94 
L73, 1.04.95 
L195, 18.07.91 
L107, 27.04.90 
L84, 3.04.96 
L264, 27.09.90 
L64, 22.03.95 
L264, 27.09.90 
L64, 22.03.95 
L264, 27.09.90 
L64, 22.03.95 
L306, 6.11.90 
L174, 4.07.90 
L174, 12.07.96 
L49, 4.03.95 
/o2 
SHHHHMHH^ii^^ 
Urea ammonium nitrate 
Video cassette tapes 
* 
Zinc (unwrought unalloyed) 4HHHr^v*iflrtttttllMtl 
Bulgaria 
Poland 
Bulgaria 
Poland 
Hong Kong 
South Korea 
Hong Kong 
Poland 
Russia 
Poland Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Undertakings •Rfgffijipnftf^i 
Council Reg. 
(EC) N°. 3319/94 
22.12.94 
Council Reg. 
(EC) N°. 825/94 
12.12.94 
Council Reg. 
(EC) N°. 1708/89 
19.06.89 
Com. Dec. 
(EC) N°.376/89 
19.06.89 
Council Reg. 
(EC) N°. 1931/97 
22.09.97 
Com. Dec. 
(EC) N°.644/97 
3.09.97 lOJffleTel^nc^ 
L350, 31.12.94 
L174, 22.06.89 
L272, 4.10.97 
* Measures against Iceland and Norway suspended by Council Regulation (94/057EC), OJ L 3, 05.01.94 
ANNEX P 
DEFINITIVE MEASURES IN FORCE 
ON 31st DECEMBER 199? 
(ranked by country) 
* Origin;-,/ 
Belarus 
Brazil 
Bulgaria 
P.R. China ^ --^H\^^$pProduct;^ : .". \ 
Polyester filament tow 
Polyester staple fibre 
Potassium chloride 
Ferro-silico-manganese 
Ferro-silicon 
Pig iron (haematite) 
Silicon metal 
Sisal twine 
Urea ammonium nitrate 
Activated powdered carbon 
Artificial corundum 
Bicycles 
Bicycle parts 
Calcium metal 
Chamottes (refractory) 
Coumarin 
Dihydrostreptomycin ^Measure £ 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties t£Regûlatiqri]N0;'C 
Council Reg. 
(EC) N°. 2513/97 
15.12.97 
Council Reg. 
(EC) N°. 1490/96 
23.07.96 
Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Com. Dec. 
(ECSC)N0. 1751/94 
Council Reg. 
(EC) N°. 2305/92 
4.08.92 
Com. Dec. 
(EC) N°. 521/93 
3.09.93 
Council Reg. 
(EC) N°. 3319/94 
22.12.94 
Council Reg. 
(EC) N°. 825/94 
12.12.94 
Council Reg. 
(EC) N°. 1006/96 
3.06.96 
Council Reg. 
(EC)N°. 1951/97 
6.10.97 
Council Reg. 
(EC) N°. 2474/93 
8.09.93 
Council Reg. 
(EC) N°. 71/97 
10.01.97 
Council Reg. 
(EC) N°. 2557/94 
19.10.94 
Council Reg. 
(EC)N°. 137/96 
22.01.96 
Council Reg. 
(EC) N°. 600/96 
25.03.96 
Council Reg. 
(EC) N°. 3836/91 
19.12.91 OJ Reference 
L346, 17.12.97 
L189, 30.07.96 
L80, 24.03.94 
L248, 14.10.95 
L302, 9.12.93 
L182, 16.07.94 
L222, 7.08.92 
L251, 8.10.93 
L350, 31.12.94 
L350, 31.12.94 
L134, 5.06.96 
L276, 9.10.97 
L228, 9.09.93 
L16, 18.01.97 
L270, 21.10.94 
L21, 27.01.96 
L86, 4.04.96 
L362, 31.12.91 
/o£ 
!.Wl' 
Ferro-silicon 
Fluorspar 
Footwear (textile) 
Furfuraldehyde 
Handbags (leather) 
Lighters (disposable) 
Magnesia (deadbumed) 
Magnesium oxide (caustic magnesite) 
Microdisks 
Microwave ovens 
Peroxidisulphates 
Photo albums 
Polyolefin woven sacks and bags 
Potassium permanganate 
Ring binder mechanisms 
Silicon carbide 
Silicon metal 
Televisions (colour) 
Televisions (small-screen colour) 
Tube and pipe fitting, of iron or steel Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties Council Reg. 
(EC) N°. 621/94 
17.03.94 
Council Reg. 
(EC) N°. 486/94 
4.03.94 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 95/95 
16.01.95 
Council Reg. 
(EC) N°. 1567/97 
1.08.97 
Council Reg. 
(EC)N°. 1006/95 
3.04.95 
Council Reg. 
(EC) N°. 3386/93 
6.12.93 
Council Reg. 
(EC) N°. 1473/93 
14.06.93 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 2961/95 
18.12.95 
Council Reg. 
(EC) N°. 3664/93 
22.12.93 
Council Reg. 
(EC) N°. 2003/97 
13.10.97 
Council Reg. 
(EC) N°. 2819/94 
17.11.94 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 2496/97 
11.12.97 
Council Reg. 
(EC) N°. 710/95 
27.03.95' 
Council Reg. 
(EC) N°. 2093/91 
15.07.91 
Council Reg. 
(EC) N°. 584/96 
11.03.96 L77, 19.03.94 
L62, 5.03.94 
L298, 1.11.97 
L15, 21.01.95 
L208, 2.08.97 
L101, 4.05.95 
L306, 11.12.93 
L145, 17.06.93 
L262, 21.10.93 
L2, 4.01.96 
L308, 21.12.95 
L333, 31.12.93 
L284, 16.10.97 
L298, 19.11.94 
L22, 24.01.97 
L94, 13.04.94 
L345, 16.12.97 
L73, 1.04.95 
L195, 18.07.91 
L84, 3.04.96 
/of 
Croatia 
Czech Republic 
Egypt 
Hong Kong Tungsten carbide and fused tungsten carbide 
Tungsten ores and concentrates 
Tungstic oxide and acid 
Typewriter ribbons 
Tube and pipe fitting, of iron or steel 
Pig iron (haematite) 
Seamless steel pipes and tubes 
Bed linen (cotton-type) 
Ferro-silicon 
Microdisks 
Video cassette tapes warnem 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Undertakings wBM^mmMmm&mm 
Council Reg. 
(EC) N°. 2737/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2735/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2736/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) Kl°. 3200/90 
5.11.90 
Com. Dec. 
(EC) N°. 1937/90 
5.11.90 
Council Reg. 
(EC) N°. 584/96 
11.03.96 
Com. Dec. 
(EC) N°. 252/96 
1.03.96 
Com. Dec. 
(ECSC) N°. 55/96 
15.01.96 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC) N°.790/97 
24.10.97 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 
Council Reg. 
(EC) N°. 3642/92 
14.12.92 
Com. Dec. 
(EC) N°. 331/92 
30.06.92 
Council Reg. 
(EC) N°. 2199/94 
9.09.94 
Council Reg. 
(EC) N°. 1768/89 
19.06.89 
Com. Dec. 
(EC) N°.376/89 
19.06.89 L264, 27.09.90 
L264, 27.09.90 
L264, 27.09.90 
L306, 6.11.90 
L174, 4.07.90 
L84, 3.04.96 
L84, 3.04.96 
L12, 17.01.96 
L322, 25.11.97 
L322, 25.11.97 
L332, 4.12.97 
L369, 18.12.92 
L183, 3.07.92 
L236, 10.09.94 
L174, 22.06.89 
L174, 22.06.89 
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Hungary Seamless steel pipes and tubes Duties 
Undertakings Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC) N°.790/97 
24.10.97 L322, 25.11.97 
L322, 25.11.97 
Iceland Ferro-silicon* Duties Council Reg. 
(EC) N°. 3359/93 
2.12.93 L302, 9.12.93 
India Bed linen (cotton-type) 
Polyethylene/polypropylene sacks 
Synthetic textile fibres of polyester Duties 
Duties 
Duties Council Reg. 
(EC) N°. 2398/97 
28.11.97 
Council Reg. 
(EC) N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 54/93 
8.01.93 L91, 12.04.96 
L276, 9.10.97 
L9, 15.01.93 
Indonesia Bicycles 
Footwear (textile) 
Glutamic acid (monosodium glutamate) 
Polyester yarns (PTY) 
Polyethylene/polypropylene sacks Duties 
Duties 
Duties 
Duties 
Duties Council Reg. 
(EC)V. 648/96 
28.03.96 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Council Reg. 
(EC) N°. 2160/96 
11.11.96 
Council Reg. 
(EC) N°. 1950/97 
6.10.97 L91, 12.04.96 
L298, 1.11.97 
L15, 20.01.96 
L289, 12.11.96 
L276, 9.10.97 
Japan Advertising matches 
Electrolyte capacitors 
Electronic weighing scales 
Lighters (disposable) 
Microdisks 
Television camera systems Duties 
Duties 
Duties 
Duties 
Duties 
Duties Council Reg. 
(EC) N°. 2025/97 
15.10.97 
Council Reg. 
(EC) N°. 3482/92 
30.11.92 
Council Reg. 
(EC) N°. 993/93 
26.04.93 
Council Reg. 
(EC) N°. 3433/91 
25.11.91 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC)N°. 1054/94 
29.04.94 L284, 16.10.97 
L353, 3.12.92 
L104, 29.04.93 
L326, 28.11.91 
L262, 21.10.93 
L111,30.04.94 
Kazakhstan Ferrochrome (low-carbon) 
Ferro-silicon Duties 
Duties Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 L246, 2.10.93 
L302, 9.12.93 
Lithuania Ammonium nitrate fertilizer Undertakings Com. Dec. 
(EC) N°. 293/94 
13.04.94 L129, 21.05.94 
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Malaysia 
Mexico 
Norway 
Pakistan 
Philippines 
Poland mmÈBËÊgmm^^ 
Bicycles 
Microdisks 
Microwave ovens 
Polyester yarns (PTY) 
Ring binder mechanisms 
Televisions (colour) 
Lighters (disposable) 
Microdisks 
Ferro-silicon* 
Salmon (Anti-dumping) 
Salmon (CVD) 
Bed linen (cotton-type) 
Lighters (disposable) 
Ferro-silicon fgfrffeaSIïî^y 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Duties 
Undertakings 
Duties 
Undertakings jBmB»unwfçjî ^fwfffitfffiïffffi^w^^rTTwWWF 
Council Reg. 
(EC) N°. 648/96 
28.03.96 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 1001/97 
2.06.97 
Council Reg. 
(EC)N°. 119/97 
20.01.97 
Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC)" N°. 423/97 
3.03.97 
Com. Dec. 
(EC) N°. 167/97 
25.02.97 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Council Reg. 
(EC) N°. 1890/97 
26.09.97 
Com. Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC)N°. 1891/97 
26.09.97 
Com. Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 
Council Reg. 
(EC) N°: 423/97 
3.03.97 
Com. Dec. 
(EC) N°. 167/97 
25.02.97 
Council Reg. 
(EC) N°. 3642/92 
14.12.92 
Com. Dec. 
(EC) N°. 572/92 
14.12.92 IQJMferençcl 
L91, 12.04.96 
L92, 13.04.96 
L2, 4.01.96 
L145, 5.06.97 
L22, 24.01.97 
L73, 1.04.95 
L65, 6.03.97 
L65, 6.03.97 
L92, 13.04.96 
L302, 9.12.93 
L267, 30.09.97 
L267, 30.09.97 
L267, 30.09.97 
L332, 4.12.97 
L65, 6.03.97 
L65, 6.03.97 
L369,18.12.92 
L369, 18.12.92 
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Mvië3swaM«Rey..ia-,if,-mNMi|«o-iyrf.^-SrCT| 
Flat pallets of wood 
Pig iron (haematite) 
Seamless steel pipes and tubes 
Silicon carbide 
Urea ammonium nitrate 
Zinc (unwrought unalloyed) Duties 
Undertakings 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Undertakings 
Duties 
Undertakings Council Reg. 
(EC) N°. 2334/97 
24.11.97 
Com. Dec. 
(EC) N°. 1023/97 
6.06.97 
Com. Dec. 
(ECSC) N°. 1751/94 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC) N°.790/97 
24.10.97 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 3319/94 
22.12.94 
Council Reg. 
(EC) N°. 825/94 
12.12.94 
Council Reg. 
(EC) N°. 1931/97 
22.09.97 
Com. Dec. 
(EC) N°.644/97 
3.09.97 L324, 27.11.97 
L150, 7.06.97 
L182, 16.07.94 
L322, 25.11.97 
L322, 25.11.97 
L94, 13.04.94 
L350, 31.12.94 
L350, 31.12.94 
L272, 4.10.97 
L272, 4.10.97 
Romania Seamless steel pipes and tubes Duties 
Undertakings Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Council Reg. 
(EC) N°. 2022/95 
16.08.95 L322, 25.11.97 
L322, 25.11.97 
Russia Ammonium nitrate fertilizer 
Calcium metal 
Ferrochrome (low-carbon) 
Ferro-silico-manganese 
Ferro-silicon 
Grain-oriented electrical steel sheets 
Isobutanol 
Pig iron (haematite) Duties 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Duties Council Reg. 
(EC) N°. 2022/95 
16.08.95 
Council Reg. 
(EC) N°. 2557/94 
19.10.94 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Com. Dec. 
(ECSC) N°. 303/96 
Council Reg. 
(EC) N°. 721/94 
29.03.94 
Com. Dec. 
(ECSC)N°. 1751/94 L198, 23.08.95 
L270, 21.10.94 
L246, 2.10.93 
L248, 14.10.95 
L302, 9.12.93 
L42, 20.02.96 
L87, 31.03.94 
L182, 16.07.94 
nQ 
Potassium chloride 
Seamless steel pipes and tubes 
Silicon carbide 
Unwrought magnesium 
Urea 
Zinc (unwrought unalloyed) Duties 
Duties 
Duties 
Undertakings 
Duties 
Undertakings 
Duties 
Duties Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Com. Dec. 
(EC) N°. 202/94 
9.03.94 
Council Reg. 
(EC)N°. 1347/96 
2.07.96 
Com. Dec. 
(EC) N°. 422/96 
25.06.96 
Council Reg. 
(EC)V. 477/95 
16.01.96 
Council Reg. 
(EC) N°. 1931/97 
22.09.97 L80, 24.03.94 
L322, 25.11.97 
L94, 13.04.94 
L94, 13.04.94 
L174, 12.07.96 
L174, 12.07.96 
L49, 4.03.95 
L272, 4.10.97 
Singapore Electronic weighing scales 
Televisions (colour) Duties 
Duties Council Reg. 
(EC) N°. 2887/93 
20.10.93 
Council Reg. 
(EC) N°. 710/95 
27.03.95 L263, 22.10.93 
L73, 1.04.95 
Slovak Republic Seamless steel pipes and tubes Duties 
Undertakings Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC) N°.790/97 
24.10.97 L322, 25.11.97 
L322, 25.11.97 
South Africa Ferro-silico-manganese 
Ferro-silicon Duties 
Duties Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Council Reg. 
(EC) N°. 621/94 
17.03.94 L248, 14.10.95 
L77, 19.03.94 
South Korea Electrolyte capacitors 
Electronic weighing scales 
Glutamic acid (monosodium glutamate) 
Microdisks 
Microwave ovens 
Synthetic textile fibres of polyester Duties 
Duties 
Duties 
Duties 
Duties 
Duties Council Reg. 
(EC)N°. 1384/94 
13.06.94 
Council Reg. 
(EC) N°. 2887/93 
20.10.93 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Council Reg. 
(EC) N°. 2199/94 
9.09.94 
Council Reg: 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 54/93 
' 8.01.93 L152, 18.06.94 
L263, 22.10.93 
L15, 20.01.96 
L236, 10.09.94 
L2, 4.01.96 
L9, 15.01.93 
/// 
Talovicinns /r:nlniir\ I Televisions (colour) 
Televisions (small-screen colour) 
Video cassette tapes Duties 
Duties 
Duties Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC)N°. 1048/90 
25.04.90 
Council Reg. 
(EC) N°. 1768/89 
19.06.89 L73, 1.04.95 
L107, 27.04.90 
L174, 22.06.89 
Taiwan Electrolyte capacitors 
Glutamic acid (monosodium glutamate) 
Microdisks 
Polyester yarns (PTY) 
Synthetic textile fibres of polyester Duties 
Duties 
Duties 
Duties 
Duties Council Reg. 
(EC) N°. 1384/94 
13.06.94 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC) N°. 1074/96 
14.06.96 
Council Reg. 
(EC) N°. 3017/92 
19.10.92 L152, 18.06.94 
L15, 20.01.96 
L262, 21.10.93 
L141, 14.06.96 
L306, 22.10.92 
Thailand Ball-bearings (CVD) 
Bicycles 
Lighters (disposable) 
Microwave ovens 
Polyester yarns (PTY) 
Polyethylene/polypropylene sacks 
Televisions (colour) 
Tube and pipe fitting, of iron or steel Duties 
Undertakings 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings Council Reg. 
(EC) N°. 2271/94 
19.09.94 
Com. Dec. 
(EC) N°. 639/94 
3.08.94 
Council Reg. 
(EC) N°. 648/96 
28.03.96 
Council Reg. 
(EC) N°. 423/97 
3.03.97 
Com. Dec. 
(EC) N°. 167/97 
25.02.97 
Council Reg. 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 2160/96 
11.11.96 
Council Reg. 
(EC) N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC) N°. 584/96 
11.03.96 
Com. Dec. 
(EC) N°. 252/96 
1.03.96 L247, 22.09.94 
L247, 22.09.94 
L91, 12.04.96 
L65, 6.03.97 
L65, 6.03.97 
L2, 4.01.96 
L289, 12.11.96 
L276, 9.10.97 
L73, 1.04.95 
L84, 3.04.96 
L84, 3.04.96 
/>JL 
Turkey 
Ukraine 
USA 
Venezuela JgjMMM^MTMMM 
Polyester fibres and yarns (CVD) 
Polyester yarns (POY and PTY) 
Ferrochrome (low-carbon) 
Ferro-silico-manganese 
Ferro-silicon 
Pig iron (haematite) 
Potassium chloride 
Silicon carbide 
Unwrought magnesium 
Ethanolamines 
Microdisks 
Ferro-silicon fgtyftfe^fflfli 
Undertakings 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Duties 
Duties 
Duties 
Undertakings 
Duties 
Duties 
Duties i>BHKv»»^&55s5ra»SftM(!swiR«!B*l» 
Com. Dec. 
(EC) N°. 511/91 
23.09.91 
Council Reg. 
(EC) N°. 1074/96 
14.06.96 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Com. Dec. 
(EC) N°. 418/95 
26.07.95 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Com. Dec. 
(ECSC) N°. 1751/94 
Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 1347/96 
2.07.96 
Com. Dec. 
(EC) N°. 422/96 
25.06.96 
Council Reg. 
(EC) N°. 229/94 
1.02.94 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 mmmmm 
L272, 28.09.91 
L141, 14.06.96 
L246, 2.10.93 
L248, 14.10.95 
L248, 14.10.95 
L302, 9.12.93 
L182, 16.07.94 
L80, 24.03.94 
L94, 13.04.94 
L174, 12.07.96 
L174, 12.07.96 
L28, 2.02.94 
L92, 13.04.96 
L302, 9.12.93 
Measures against Iceland and Norway suspended by Council Regulation (94/05/EC), OJ L 3, 05.01.94 


ISSN 0254-1475 
COM(98) 482 final 
DOCUMENTS 
EN 02 17 11 01 
Catalogue number : CB-CO-98-489-EN-C 
ISBN 92-78-38573-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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