COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 395 final 
Brussels, 6 August 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 1798/90 in respect of the definitive 
anti-dumping duty on imports of monosodium glutamate 
originating in Indonesia, the Republic of Korea, 
Taiwan and Thailand 
(presented by the Commission) 
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Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 1798/90 in respect of the definitive 
anti-dumping duty on imports of monosodium glutamate 
originating in Indonesia, the Republic of Korea, 
Taiwan and Thailand 
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 subsidized imports from countries not members 
of the European Economic Community(*), and in particular Article 14 
thereof, 
Having regard to the proposal submitted by the Commission after 
consultation within the Advisory Committee as provided for under the above 
Regulation, 
Whereas : 
A. PREVIOUS PROCEDURE 
(1) The Council, by Regulation (EEC) No 1798/90(2), as amended by 
Regulation (EEC) No 2966/92<3), imposed a definitive anti-dumping 
duty on imports of monosodium glutamate (hereafter referred to as 
"MSG") falling within CN code ex 2922 42 00 originating in Indonesia, 
the Republic of Korea, Taiwan and Thailand, with the exception of 
imports from certain producers in these countries from which the 
Commission accepted undertakings by Regulation (EEC) No 547/90(^) 
and Decision 92/493/EEC<5). 
B. REVIEW 
(i) General 
(2) By a notice published in the Official Journal of the European 
Communities(6), the commission, after consultation within the 
Advisory Committee and in accordance with Article 14 of Regulation 
(EEC) No 2423/88, initiated a review of the regulations and decision 
which imposed the anti-dumping measures currently in force and 
reopened the investigation. The review was limited to an examination 
of changed circumstances in injury, in particular the fact that the 
price undertakings accepted by the Commission have been rendered 
insufficient to eliminate the injury suffered by the Community 
industry. 
(1) OJ No L 209, 2.8.1988, p. 1. 
(2) OJ No L 167, 30.6.1990, p. 1. 
(3) OJ No L 299, 15.10.1992, p. 1. 
(4) OJ No L 56, 3.3.1990, p. 23. 
(5) OJ No L 299, 15.10.1992, p.40. 
(6) OJ No C 286, 4.11.1992, p. 3. 
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(ii) Injury 
(3) As far as the dumped imports are concerned, the Commission found 
that, between 19 89 and the first nine months of 1992, imports from 
the countries concerned increased from 3 800 tonnes to 9 696 tonnes, 
representing an increase in market share from 8.7% to 26.1%. The 
prices of these imports were, in US Dollar terms, in line with the 
prices set in the undertakings accepted by the Commission while in 
ECU terms they were lower by up to 20% over the period examined. 
(4) As far as the situation of the Community industry is concerned, the 
volume of sales of MSG in the Community by that industry increased 
by 13% between 1989 and the first nine months of 1992 extrapolated on 
an annual basis, although the market share held by that industry 
decreased by 4.5% during the same period. The prices charged by the 
Community industry were, given the highly price sensitive nature of 
MSG, in line with those of the imports concerned, which, as stated 
above, were somewhat lower than the prices set in the undertakings. 
Consequently, the Community industry was prevented from further 
increasing its prices to a level adequate to remove the injury 
sustained. 
(5) The Commission also found that while the trend in costs and prices 
had put the Community industry back into profits during the first 
nine months of 1992, these profits were totally insufficient to 
ensure the viability of the business. This lack of adequate profits 
furthermore threatens the industry's investment programme and thus 
its competitiveness. 
(6) The Commission concluded, therefore, that material injury is still 
being suffered by the Community industry despite certain positive 
effects of the anti-dumping measures currently in force. It was 
found that the remaining injury was caused by the continued low 
prices of the imports concerned in spite of the measures in force, 
and a subsequent increase in the volume of these imports. 
(iii) Community interest 
(7) The Commission considered that, given the small impact of the 
increase envisaged in the level of the measures on the users of MSG 
and the requirement that the Community industry be allowed to make a 
return on the substantial investments recently made, it was in the 
interest of the Community that the anti-dumping measures remain in 
force, duly amended to remove any remaining material injury. 
(iv) Undertakings 
(8) Having completed its investigation, the Commission disclosed its 
findings to the producers in the exporting countries concerned from 
which undertakings had been accepted before the initiation of the 
review. New price undertakings were subsequently offered by these 
producers with the exception of one company in Thailand which ceased 
exporting to the Community prior to 1992. Following consultations 
within the Advisory Committee, one Member State raised objections to 
the acceptance of the new undertakings. The Commission, by Decision 
93/.../EEC(7), subsequently accepted the new undertakings. 
(7) OJ No L... 
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(v) Definitive duties 
(9) The Commission also considered the situation of those producers in 
each of the countries concerned which had not made themselves known 
during the proceeding and were subject to a definitive anti-dumping 
duty. In this respect, recital 32 of Decision 93/.../EEC established 
that, since the dumping situation had not been investigated in the 
framework of the review, it was considered appropriate that the level 
of the definitive duties applicable to these producers remains 
unchanged. 
As to the company in Thailand which ceased exporting to the Community 
before 1992 and which did not offer a new undertaking, recital 33 of 
Decision 93/.../EEC established that no individual anti-dumping 
measures should be maintained for this company. Consequently, if 
this company should, in the future, resume exporting to the 
Community, it would receive the usual treatment given to any other 
exporter in Thailand which had not offered an undertaking. 
C. Amendment of Regulation (EEC) No 1798/90 following the results of the 
review 
(10) The Council considers it appropriate in view of the foregoing 
findings to amend Regulation (EEC) No 1798/90 to include within the 
scope of the definitive anti-dumping duty applicable to imports of 
MSG originating in Thailand, future imports from that company which 
ceased exporting to the Community before 1992. 
(11) The Community industry concerned was informed of the main facts and 
considerations on the basis of which the Commission intended to 
recommend the further amendment of Regulation (EEC) No 1798/90 and 
did not object, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 1 of Regulation (EEC) No 1798/90 is hereby replaced by the 
following: 
"Article 1 
1. A definitive anti-dumping duty is hereby imposed on imports of 
monosodium glutamate falling within CN Code ex 2922 42 00 (Taric Code 
2922 42 00*10) originating in Indonesia, the Republic of Korea, 
Taiwan and Thailand. 
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2. The amount of the duty applicable to the net, free-at-Community-
frontier price, before customs duty, shall be as follows: 
Indonesia 
Republic of Korea 
Taiwan 
Thailand Amount of the duty 
ECU 0.510 per kg 
ECU 0.189 per kg 
ECU 0.653 per kg 
ECU 0.407 per kg Taric additional code 
8400 
8402 
8404 
8406 
with the exception of imports of the product specified in paragraph 1 
produced by the following companies, which shall be excluded from the 
duties : 
Indonesia Taric additional Code 
8401 
- PT Sasa 
- PT Indomiwon Citra Inti 
- PT Cheil Samsung Astra 
Republic of Korea 
- Miwon Co Ltd 
- Cheil Foods & Chemicals Inc 8403 
Taiwan 
- Tung Hai Fermentation Industry Corporation 
- ve Wong Corporation 
Thailand 
- Thai Fermentation Industry corporation. 8405 
8407 
3. The provisions in force concerning customs duties shall apply." 
Article 2 
This Regulation shall enter into force on the day following that of 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 

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COM(93) 395 final 
DOCUMENTS 
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ISBN 92-77-58677-X 
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