WPIS 
COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15.02.1996 
COM(96) 52 final 
Proposal for a 
COUNCIL REGULATION (EC) 
EXTENDING THE SUSPENSION OF THE DEFINITIVE ANTI­
DUMPING DUTIES IMPOSED ON IMPORTS OF CERTAIN TYPES 
OF ELECTRONIC MICROCIRCUITS KNOWN AS DRAMS 
(dynamic random access memories) 
ORIGINATING IN JAPAN AND IN THE REPUBLIC OF KOREA 
(presented by the Commission) 
I'-W 

Explanatory Memorandum 
(1) The Commission, by Decision (95/197/EC) of 8 June 19950), suspended the 
definitive anti-dumping duties imposed on DRAMs originating in Japan and 
the Republic of Korea for a period of nine months, i.e. until 9 March 1996. This 
decision was adopted on the grounds that the market situation for the product in 
question had temporarily changed to the extent that injurious dumping no 
longer prevailed and that, therefore, the measures could be suspended. 
(2) The Commission has examined the data available concerning the conditions on 
the Community market and found that, towards the end of the initial period of 
suspension of the measures, the DRAM market in the Community is still stable 
with demand outstripping supply. Sales prices are high and the financial 
performance of the Community industry is still favourable. Market forecasts 
indicate that such market situation would be further sustained at least for 1996 
and the first part of 1997. 
It appears reasonable, therefore, to assume that injurious dumping on the 
Community market would not recur if the suspension of the measures would be 
extended for a period of one year, i. e. until March 1997. 
(3) The Commission has informed the complainant of its intention to propose to 
the Council the extension of the suspension the above anti-dumping measures 
and has provided it with an opportunity to comment. The complainant has 
raised no objections with regard to such proposal. 
(') OJN°L 126,9.6.1995, p.58 
(4) The attached draft Council Regulation contains more detailed information 
showing that the requirements contained in Article 14 (4) of Council 
Regulation (EC) No 3283/94 for the extension of the suspension of these anti­
dumping duties are met. 
(5) Therefore, it is proposed that the Council decides to extend, for a period of one 
year, the suspension of the anti-dumping duties imposed on imports of 
DRAMs originating in Japan and Korea. 
COUNCIL REGULATION (EC) No .... /96 
of /1996 
EXTENDING THE SUSPENSION OF THE DEFINITIVE ANTI­
DUMPING DUTIES IMPOSED ON IMPORTS OF CERTAIN TYPES 
OF ELECTRONIC MICROCIRCUITS KNOWN AS DRAMS 
(dynamic random access memories) 
ORIGINATING IN JAPAN AND IN THE REPUBLIC OF KOREA 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) No. 3283/94 of 22 December 1994 
on protection against dumped imports from countries not members of the 
European Community*'>, as last amended by Council Regulation of (EC) 
No. 1251/95(2), and in particular Article 14 (4) thereof, 
Having regard to the proposal submitted by the Commission after consulting 
the Advisory Committee, 
Whereas: 
(') OJ N_L 349, 31.12.94, p. 1 
W OJN°L 122,2.6.95, p. 1 
V 
(1) The Council, by Regulation (EEC) 2112/90(3), imposed a definitive anti­
dumping duty on imports into the Community of certain types of electronic 
microcircuits known as DRAMs (dynamic random access memories) 
originating in Japan, and falling under 
— CN codes 8542 1112, 8542 1114, 8542 1116, 8542 1118 for finished 
DRAMs 
— ex 8542 11 01 for DRAM wafers, ex 8542 11 05 for DRAM-dice or -chips and 
— ex 8473 30 10 or ex 8548 00 00 for DRAM modules. 
(2) By Regulation (EEC) No 611/93(4), the Council imposed a definitive anti­
dumping duty on imports into the Community of the same products originating 
in the Republic of Korea. 
(3) The Commission, by Decision (95/197/EC) of 8 June 1995<5>, suspended the 
definitive anti-dumping duties imposed on DRAMs originating in Japan and 
the Republic of Korea for a period of nine months on the grounds that the 
market situation for the product in question had temporarily changed to the 
extent that injurious dumping no longer prevailed and that, therefore, the 
measures could be suspended for this period. 
<3) OJ N°L 193, 25.7.90, p. 1, as last amended by Regulation (EEC) No 2967/92. Oj L 299 of 15.10.92, p.4 
(4) OJN°L66, 18.3.93, p. I 
(5> OJN°L 126,9.6.1995, p.58 
(4) On 15 July 1995 the Commission initiated a review*6* of the anti-dumping 
measures concerning DRAMs originating in Japan and the Republic of Korea, 
pursuant to Article 11 (3) and (7) of Regulation (EC) 3283/94, in order to 
investigate the need for the continued imposition of the measures. This review 
is at present pending. 
(5) Based on the information available on the market situation, in particular the 
sales reports of the exporters concerned, the Commission has examined 
whether the conditions for extending the suspension of the anti-dumping duties 
are met. In particular, the statistical information available and the sales data 
which the Commission has obtained from the Community producers and all 
known Japanese and Korean exporters, shows that, as the end of the initial 
period of suspension of the measures approaches, the DRAM market in the 
Community is still stable, with demand outstripping supply. Sales prices are 
high and the financial performance of the Community industry is still 
favourable. It was found that, in general, the market conditions described in 
recital (3) of Commission Decision (95/197/EC) have prevailed. Market 
forecasts indicate that such a market situation will be sustained at least for 1996 
and the first part of 1997. 
(6> OJN_C 181, 15.7.95, p. 13 
(6) However, it is also considered that, in view of the cyclical nature of the DRAM 
market in the past, the current market situation might be followed by a market 
down-turn. This could result in a recurrence of injurious dumping and would 
again necessitate the application of anti-dumping measures. This consideration 
appears to be supported by the fact that significant additional production 
capacities have recently been established worldwide and in particular in Japan 
and the Republic of Korea, and that, in addition, further capacities will be 
established in the near future. It is reasonable to assume that this increase in 
worldwide production capacity might aggravate a possible future market down­
turn. 
(7) In the light of the foregoing, it is considered appropriate to extend the 
suspension of the measures in question beyond the initial period of nine 
months, by a further period of one year, and it is considered unlikely that 
injurious dumping of DRAMs would recur on the Community market as a 
result of such extension. 
(8) Therefore, in accordance with the provisions of Article 14 (4) of the Regulation 
(EC) 3283/94 the Commission informed the complainant of its intention to 
propose to the Council to extend the suspension of the above anti-dumping 
duties for a period of one year and has provided it with an opportunity to 
comment. The complainant raised no objections in this regard. 
T 
(9) In conclusion, it is considered that the requirements to extend the suspension of 
the duties concerned, pursuant to Article 14 (4) of Regulation (EC) N° 3283/94, 
are met and that the suspension should therefore be extended for a period of 
one year. 
(10) The Commission will continue to monitor closely the development of the 
DRAM-market and the behaviour of individual market participants, as it has 
done so during the initial period of suspension. Should a situation arise in 
which injury to the Community industry would recur, the Commission will 
propose that the Council reinstate the above anti-dumping duties without delay. 
(11) To this end, the obligation to submit reports on sales and prices pursuant to the 
undertakings will continue in order to enable the Commission to monitor the 
DRAM market. However, as previously stated, during the period of the 
extended suspension of the anti-dumping duties, the obligation to adhere to the 
minimum price provisions of these undertakings will be waived. The quarterly 
calculation and communication of such prices to these companies by the 
Commission will therefore be discontinued during this period. 
(12) The Advisory Committee was consulted on the suspension of the anti-dumping 
measures and raised no objections. 
€> 
HAS ADOPTED THIS REGULATION: 
Sole Article 
The suspension of the definitive anti-dumping duties imposed on imports of 
certain types of electronic microcircuits known as DRAMs 
(dynamic random access memories) originating in Japan and the Republic of 
Korea by Council Regulations (EEC) 2112/90 and (EEC) No 611/93 
respectively is hereby extended for a period of one year. 
This Regulation shall enter into force on the day following its publication in the 
Official Journal of the European Communities. 
Done at Brussels, 
9 

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COM(96) 52 final 
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