COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 397 final 
Brussels, 29 July 1993 
?. (/.« Proposal for a 
COUNCIL REGULATION (EECI 
*$' 
£3& modifying Council Regulation (EEC) No 729/92 
of 16 March 1992 
imposing a definitive anti-dumping duty 
on jjnports of certain thermal paper 
originating in Japan 
(presented by the Commission) 
Explanatory Memorandum 
1. In March 1992, the Council imposed definitive anti-dumping measures 
on imports of certain thermal paper (ie. telefax paper) originating 
in Japan(1). 
2. No duties were applied, however, to goods manufactured by Jujo 
Paper Co., Ltd., (hereafter called "Jujo") as this company was 
found not to be dumping. 
3. In January 1993 the Commission was advised that Jujo would merge on 
1 April 1993 with another company, Sanyo-Kokusaku Pulp Co., Ltd., 
(hereafter called "Sanyo Kokusaku"). The new company was to be 
called Nippon Paper Industries Company Limited (hereafter called 
"Nippon Paper"). 
4. It was alleged that Sanyo-Kokusaku did not produce telefax paper 
during the investigation period (1 April to 31 December 1990) and, 
because of this, Jujo's exclusion from dumping duties should be 
transferred to the merged company. 
5. As this did not seem an unreasonable request, on its own initiative 
under Art. 14 of Regulation (EEC) No 2423/88(2)f the Commission 
decided to partially review the measure imposing definitive duties. 
6. Being satisfied that Sanyo-Kokusaku was not concerned by (or 
involved in) the original dumping investigation, it is now proposed 
that the merged company of which Jujo is now part should continue 
to be excluded from dumping measures. 
7. It is also proposed that the exclusion take effect from the date of 
the merger (ie. 1 April 1993). 
(1) OJ No L 81, 26.03.1992, p.l 
(2) OJ No L 209, 02.08.1998, p.l 
->!©... 
Proposal for a 
Council Regulation (EEC) No. 
of 
modifying council Regulation (EEC) No 729/92 
of 16 March 1992 
imposing a definitive anti-dumping duty 
on imports of certain thermal paper 
originating in Japan 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, 
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on 
protection against dumped or subsidised imports from countries not 
members of the European Economic Community(*), and in particular 
Article 14 thereof, 
After consultations within the Advisory Committee as provided for by 
Regulation (EEC) No 2423/88, 
Whereas : 
(1) OJ No L 209, 02.08.1988, p.l 
2 -
A. Previous procedure 
1. The Council by Regulation (EEC) No 729/92(1), imposed a definitive 
anti-dumping duty on imports of certain thermal paper (ie. telefax 
paper) originating in Japan. 
2. No duties were imposed on goods manufactured by Jujo Paper Co., 
Ltd., Tokyo (hereafter called "Jujo") as this company was found not 
to be dumping. 
B. change of legal entity 
3. In January 1993 the Commission was advised of an impending merger 
between Jujo and a company called Sanyo-Kokusaku Pulp Co., Ltd., 
(hereafter called "Sanyo-Kokusaku"). These two companies were to 
merge, on 1 April 1993, into one called Nippon Paper Industries 
Company Limited. 
4. It was alleged that Sanyo-Kokusaku did not make the product in 
question during the investigation reference period (1 April to 31 
December 1990). In view of this, Jujo and Sanyo-Kokusaku considered 
that the exclusion from the dumping duties for Jujo should also be 
applied to the company resulting from the merger. 
C. Procedure 
5. On the basis of the information supplied initially, the Commission 
took the view that there were sufficient grounds concerning changed 
circumstances to warrant a partial review of the measures. 
(1) OJ No L 81, 26.03.1992, p.l 
- 3 -
6. Having requested and received supplementary information from the 
parties concerned and other sources, the Commission is satisfied 
that Sanyo-Kokusaku was not a producer of telefax paper during the 
investigation reference period. As such, it is considered that the 
exclusion from anti-dumping duty for Jujo should be transferred to 
the new company, Nippon Paper Industries Company Limited, with 
effect from 1 April 1993. This will have the effect that any anti­
dumping duties paid in respect of telefax paper manufactured by 
Nippon Paper Industries Company Limited will refundable under the 
applicable Customs Legislation. The Council confirms this view. 
7. No objections were raised when the findings of the proceeding were 
disclosed to the Community industry. 
D. Amendment 
8. Regulation (EEC) No 729/92, as it concerns imports of certain 
thermal paper originating in Japan and manufactured by Jujo Paper 
Co., Ltd., should accordingly be amended, 
HAS ADOPTED THIS REGULATION 
Article 1 
Article 1.3 of council Regulation (EEC) No 729/92 is hereby replaced by 
the following : 
No anti-dumping duties shall apply to goods manufactured by 
Nippon Paper Industries company Limited or Tomoegawa Paper Co., 
Ltd., Tokyo (TARIC additional code 8600)." 
- 4 
Article 2 
This Regulation shall enter into force with retroactive effect on 1 
April 1993. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member states. 
Done at Brussels, By the Council, 
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ISSN 0254-1475 
COM (93) 397 final 
DOCUMENTS 
EN il 02 
Catalogue number : CB-CO-93-429-EN-C 
ISBN 92-77-58713-X 
Office for Official Publications of the European Communities 
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