COMMISSION OF THE EUROPEAN COJWMUNITIES 
C0MC93) 373 final 
Brussels, 23 July 1993 
Proposal for a 
fiffllMCIL REGULATION (EEC) 
repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures 
concerning imports of certain compact disc players originating in Japan 
and the Republic of Korea 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
By Regulation (EEC) N° 112/90, the Council imposed a definitive anti­
dumping duty on imports of certain compact disc players originating in 
Japan and the Republic of Korea. This Regulation has been amended by 
Council Regulation (EEC) N° 819/92 with regard to the definition of the 
product concerned with the imposition of the anti-dumping duty. 
In December 1991, the Commission opened a full review of Regulation 
(EEC) N° 112/90. 
The two major Community producers of compact disc players comprising 
97% of the Community industry's output of the product, have officially 
advised the Commission of their intention to cease production of compact 
disc players in the Community. These producers declared that the 
discontinuation of their production within the Community would be 
completed by the end of 1993 and that they were of the opinion that 
there was no justification for the continued existence of protective 
measures. 
Furthermore, the complainant, COMPACT, representing all producers 
comprising the Community industry, formally withdrew its complaints on 
6 April 1993 and requested the Commission to propose to the Council 
the repeal of the anti-dumping measures currently in force concerning 
imports of compact disc players originating in Japan and the Republic of 
Korea. 
The Commission has proposed that the Council adopt the attached 
Regulation. 
IT 
Proposal for a Council Regulation 
repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures 
concerning imports of certain compact disc players originating in Japan 
and the Republic of Korea 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
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, and in particular 
Article 9 and 14 thereof, 
Having regard to the proposal submitted by the Commission, after 
consultations within the Advisory Committee as provided for under the 
above Regulation, 
Whereas : 
A. PROCEDURE 
(1) By Regulation (EEC) N° 112/90 2, the Council imposed a definitive 
anti-dumping duty on imports of certain compact disc players originating 
in Japan and the Republic of Korea. This Regulation has been amended 
by Council Regulation (EEC) N° 819/92 3 with regard to the definition of 
the product concerned with the imposition of the anti-dumping duty. 
(2) In July 1991, the Commission announced by a notice published in the 
Official Journal of the European Communities 4 the initiation of an 
1 OJ N°L 209, 2.8.1988, p1 
20JN°L13, 17.1.1990, p 21 
3 0JN°L 87, 2.4.1992, p1 
40JN° C 174, 5.7.1991, p 1! 
investigation provided for in Article 13(11) and 14 of Regulation (EEC) 
N°2423/88, to examine the allegations of a complaint by the Committee 
of Mechoptronics Producers and Connected Technologies ('COMPACT') 
representing a major proportion of the Community industry concerned. 
This complaint contended that the anti-dumping duties referred to in 
recital 1 had been borne by the exporters. 
At the same time, the Commission had initiated, on the basis of Article 
14 of Regulation (EEC) N°2423/88, a partial review of Regulation (EEC) 
N° 112/90 in respect of the exports of one Japanese producer, 
Accuphase Laboratory 5. 
(3) In view of the nature of the information submitted by the exporting 
parties known to be concerned together with the particular characteristics 
of the market for the product and the time which had elapsed since the 
original investigation period, the Commission considered that, in order to 
avoid any potential discrimination, the above investigation should involve 
a full review of Regulation N°112/90 and published for this purpose a 
notice in the Official Journal of the European Communities 6. 
(4) The Commission officially advised the exporters and importers known 
to be concerned, the representative of the exporting countries and the 
complainant and gave the parties directly concerned the opportunity to 
make their views known in writing and to request a hearing. 
(5) All the known Korean exporters, most of the Japanese exporters and 
all complainant Community producers made their views known in writing. 
Submissions were also made by a number of importers. 
(6) The Commission sought and verified all information considered 
necessary and carried out investigations at the premises of the 
50JN° C 173, 4.7.1991, p 3 
6 OJ N° C 334, 28.12.1991, p 8 
complainant Community producers, the Japanese and Korean producers, 
and a number of importers. 
(7) The Commission requested and received written and oral submissions 
from the Community producers, from a number of exporters and from a 
number of importers, and verified the information provided to extent 
considered necessary. 
(8) In June 1992, following the submission of a further complaint by 
COMPACT containing sufficient evidence of dumping and injury resulting 
therefrom, the Commission announced, by a notice published in the 
Official Journal of the European Communities 7, the initiation of an anti­
dumping proceeding concerning imports of compact disc players 
originating in Taiwan, Singapore and Malaysia. In this notice, the 
Commission indicated that at least some of the compact disc players 
presently exported from Taiwan, Singapore and Malaysia may not 
originate, according to the Community rules on origin, in these three 
countries but in Japan. The Commission therefore stated that the findings 
on the question of origin of these products could also be relevant to the 
review of the anti-dumping measures imposed by Regulation (EEC) N° 
112/90 which imposed anti-dumping duties on imports of the product 
concerned originating in Japan and Korea. 
(9) The investigation of dumping covered the period from 1 January 1991 
to 30 June 1991 (investigation period). 
B. COMMUNITY INDUSTRY 
(10) The Commission found two categories of producers of compact disc 
players in the Community during the investigation period : 
- manufacturing subsidiaries of the Japanese producers whose products 
are subject to anti-dumping duty. In accordance with the provisions of 
7OJ N° C 148, 12.6.1992, p 7 
Article 4(5) of Regulation (EEC) N° 2423/88 and with the consistent 
practice of the Community Institutions, these companies have therefore 
been excluded from the Community industry for the purpose of the injury 
assessment ; 
-the Community producers on behalf of which the complaint was lodged 
which, according to the information available to the Commission, 
manufactured, during the investigation period, 100% of total Community 
output of the product under investigation. 
C.WITHDRAWAL OF THE COMPLAINT, TERMINATION OF THE REVIEW 
AND REPEAL OF THE EXISTING MEASURES 
(11) The two major Community producers, comprising 97% of the 
Community industry's output of the product, have officially advised the 
Commission of their intention to cease production of compact disc 
players in the Community. These producers declared that the 
discontinuation of their production within the Community would be 
completed by the end of 1993 and that they were of the opinion that 
there was no justification for the continued existence of protective 
measures. 
(12) Furthermore, the complainant, COMPACT, representing ail producers 
comprising the Community industry, formally withdrew its complaints on 
6 April 1993 and requested the Commission to propose to the Council 
the repeal of the anti-dumping measures currently in force concerning 
imports of compact disc players originating in Japan and the Republic of 
Korea. 
(13) In these circumstances, the Commission considers that protective 
measures are no longer necessary. The Council agrees. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) N° 112/90 as amended by Regulation (EEC) N°819/92 
is hereby repealed. 
Article 2 
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 ail 
Member States. 
Done at Brussels, 
T 
ISSN 0254-1475 
COM (93) 373 final 
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