COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 205 final 
Brussels, 19.05.1994 
Proposal for a 
COUNCIL REGULATION (EC) 
imposing a definitive anti-dumping duty on imports 
of large aluminium electrolytic capacitors 
originating in the Republic of Korea and Taiwan 
(presented by the Commission) 
EXPLANATORY MEMORANPU1 
By Regulation (EC) n° 371/94, published in OJ n° L 48 of 19 February 1994, the 
Commission imposed a provisional anti-dumping duty on imports of large 
aluminium electrolytic capacitors originating in the Republic of Korea and 
Taiwan. In the course of the Commission's investigation, none of the Korean 
producers and only one Taiwanese producer co-operated. 
Following the imposition of the provisional anti-dumping duty, comments were 
received only from the Taipei Economic and Cultural Office and the sole co­
operating producer, Kaimei Electronic Corp. However, these comments, which 
were not supported by any new evidence, did not warrant a change to the 
preliminary findings. Consequently, the preliminary determination is confirmed. 
Therefore, the weighted average dumping margins definitively established are : 
- Korea 70.6% 
- Taiwan 
. Kaimei Electronic Corp. 10.7% 
. Other companies 75.8% 
4. Provisional measures took the form of an anti-dumping duty which was imposed 
for all producers at the level of the dumping margins established, since the level 
to remove injury was higher. 
5. It is therefore proposed to impose a definitive anti-dumping duty at the rates equal 
to the dumping margins given above and to collect in full the amounts secured by 
way of the provisional duty. 
_ AQL-
COUNCIL REGULATION (EC) n° 
Of 
imposing a definitive anti-dumping duty on imports 
of large aluminium electrolytic capacitors 
originating in the Republic of Korea and Taiwan 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EEC) n* 2423/88 of 11 July 1988 on 
protection against dumped or subsidized imports from countries not 
members of the European Economic Community(1)7 and in particular 
Article 12 thereof, 
Having regard to the proposal submitted by the commission after 
consultation within the Advisory Committee, 
whereas : 
A. PROVISIONAL MEASURES 
(1) By Regulation (EC) n* 371/94(2), the Commission imposed a 
provisional anti-dumping duty on imports of large aluminium 
electrolytic capacitors originating in Korea and Taiwan and 
falling within CN code ex 8532 22 00. 
(1) OJ n° L 209, 2. 8. 1988, p. 1 
(2) OJ n" L 48, 19. 2. 1994, p. 10 
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B. SUBSEQUENT PROCEDURE 
(2) Following the imposition of the provisional anti-dumping duty, 
no comments were submitted to the Commission's services by the 
non-cooperating parties concerned, except a memorandum by 
Taipei Economic and Cultural Office. No parties requested an 
opportunity to be heard by the Commission 
(3) The Taiwanese cooperating producer was informed of the 
essential facts and considerations on the basis of which it is 
intended to recommend the imposition of a definitive anti­
dumping duty and the definitive collection of amounts secured 
by way of provisional duty. This company was also granted a 
period within which to make representations subsequent to the 
disclosure. 
C. PRODUCT UNDER INVESTIGATION AND LIKE PRODUCT 
(4) Regarding the product under consideration, the Taipei Economic 
and Cultural Office disputed the commission's preliminary 
determination of dumping and injury in respect of LAECs 
originating in Taiwan. It was argued that the information on 
which this determination was made was doubtful because only a 
few Taiwanese companies manufactured large capacitors subject 
to investigation, and because it was not possible to 
distinguish between small and large capacitors from Community 
import statistics. However, no new evidence was submitted to 
put into question the basis on which the preliminary 
determination was made. In fact, the Commission's verification 
in Taiwan revealed the existence of several producers of large 
capacitors. As regard the like product, no new arguments have 
been presented. The findings of the Commission as set out in 
recitals 7 to 10 of Regulation n* 371/94 are hereby confirmed. 
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D. DUMPING 
1. Normal value 
(5) No comments were received on the preliminary determination of 
the normal value. Therefore, for the purpose of definitive 
findings, normal value was established on the same basis and 
the same methods as those used in the provisional determination 
of dumping. Recitals 11 to 15 of Regulation (EC) n* 371/94 are 
therefore confirmed. 
2. Export price 
(6) No arguments were presented on the preliminary determination of 
the export price. The method used to establish export price, as 
set out in recitals 16 and 17 of Regulation (EC) n* 371/94 is 
hereby confirmed. 
3. Comparison 
(7) The cooperating producer disputed some figures regarding 
freight costs and the rejection of an adjustment for salaries 
paid to salesmen, but no evidence was received to warrant a 
change in the commission's provisional findings and 
conclusions. The findings and conclusions set out in recitals 
18 and 19 of Regulation (EC) n° 371/94 are therefore confirmed. 
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4. Dumping margins 
(8) No further arguments were submitted on the methodology used by 
the Commission in its preliminary determination. 
Therefore, the weighted average dumping margins definitively 
established and expressed as a percentage of the free-at-
Community-frontier price, are as follows : 
Korea : 70.6% 
Taiwan 
- Kaimei Electronic corp. : 10.7% 
- Other Companies : 75.8% 
E. COMMUNITY INDUSTRY 
(9) No arguments were presented regarding the definition of the 
Community industry. The findings of the Commission as set out 
in recitals 22 and 23 of Regulation (EC) n° 371/94 are hereby 
confirmed. 
F. INJURY 
(10) No new arguments were put forward to modify the Commission's 
preliminary conclusion on injury. Therefore, the findings and 
conclusion, as set out in recitals 24 to 42 of Regulation (EC) 
n* 371/94, are confirmed. 
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G. CAUSATION OF INJURY 
(11) No arguments were presented to dispute the Commission's 
preliminary conclusions on the effect of the dumped imports on 
the Community industry, as set out in recital 44 to 47 of 
Regulation (EC) n* 371/94. Therefore, the Commission's 
conclusions are confirmed. 
H. COMMUNITY INTEREST 
(12) As set out in recitals 49 to 51 of Regulation (EC) n* 371/94, 
the interests of the Community industry and of the end-users 
were considered. As no new arguments were put forward in this 
connection, the findings of Regulation (EC) n* 371/94 in this 
respect are confirmed. 
I. DUTY 
(13) Provisional measures took the form of an anti-dumping duty. The 
rates were set at the level of the dumping margins found since, 
as set out in recital 53 of Regulation (EC) 371/94, the level 
necessary to remove injury was higher. 
As no new arguments were put forward in this respect, a 
definitive duty should be established at the levels of the 
dumping margins definitively determined in recital 8 of this 
Regulation. 
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J. COLLECTION OF THE PROVISIONAL DUTIES 
(14) in view of the dumping margins established and the material 
injury caused to the Community Industry, it is considered 
necessary that the amounts secured by way of the provisional 
anti-dumping duty should be definitively collected, 
HAS ADOPTED THIS REGULATION : 
ARTICLE I 
A definitive anti-dumping duty is hereby imposed on imports of large 
electrical capacitors, non-solid, aluminium electrolytic with a CV 
product (capacitance multiplied by rated voltage) between 8 000 and 
550 000 uc (micro-coulombs) at a voltage of 160 V or more, falling 
within CN code ex 8532 22 00 (Taric codes : 8532 22 00*11, 8532 22 
00*13, 8532 22 00*91, 8532 22 00*93), and originating in the 
Republic of Korea and Taiwan. 
2. The rate of duty applicable to the net free-at-Community-frontier 
price, before duty, shall be as follows : 
Korea : All companies 70.6% 
Taiwan : Kaimei Electronic Corp. 10.7% (additional Taric code 8773) 
other companies 75.8% (additional Taric code 8774) 
3. The provisions in force concerning customs duties shall apply. 
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ARTICLE 2 
The amounts secured by way of the provisional anti-dumping duty 
pursuant to Regulation (EC) n' 371/94 shall be definitively 
collected in full. 
ARTICLE 3 
This Regulation shall enter into force on the day following its 
publication in the Official Journal of the European communities 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, 
For the Council 
The President 
o — 
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