COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 516 final 
Brussels, 28 October 1993 
ELEVENTH ANNUAL REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 
0 N 
THE COMMUNITY'S ANT I-DUMPING AND ANT I-SUBSIDY ACTIVITIES 
(1992) 
-Ju­
dith Annual Report to Parliament - 1992) 
CONTENTS 
Page 
1. INTRODUCTION 1 4 
2. THE LEGAL FRAMEWORK AND RATIONALE OF ANT I-DUMPING ACTION 3 
3. GENERAL OVERVIEW - MEASURES IN FORCE 10 
4. INITIATIONS 13 
4.1 Overview 13 
4.2 Cases 
1. Electronic weighing scales from Singapore and South Korea 13 
2. Unwrought manganese from the People's Republic of China 14 
3. Paint brushes from the People's Republic of China 15 
4. Antimony trioxide from the People's Republic of China 15 
5. Portland cement from Romania, Tunisia and Turkey 16 
6. Fluorspar from the People's Republic of China 16 
7. Photo albums from the People's Republic of China 17 
8. Compact disc players from Taiwan, Singapore and Malaysia 17 
9. Ferro-siI icon from South Africa and the People's 18 
Republic of China 
10. Manganese steel wearparts from South Africa 19 
11. Gum rosin from the People's Republic of China 20 
12. Low-carbon ferrochrome from Kazakhstan, Russia and Ukraine 20 
13. Ethanolamines from the U.S.A. 21 
14. Isobutanol from Russia 22 
15. Microdisks from Hong Kong and the Republic of Korea 22 
16. Ammonium nitrate from Belarus, Georgia, Lithuania, 23 
Russia, Turkmenistan, Ukraine and Uzbekistan 
17. Colour televisions from Malaysia, the People's Republic 24 
of China, the Republic of Korea, Singapore, 
Thailand and Turkey 
18. Haematite pig iron from Brazil and Poland 25 
- Acx 
Page 
5. PROVISIONAL MEASURES 26 
5.1 Overview 26 
5.2 Cases 26 
1. Car radios from the Republic of Korea 26 
2. Semi-finished products of alloy steel from Turkey 28 
and BraziI 
3. Silicon metal from Brazil 30 
4. Potassium chloride from Belarus, Russia and the Ukraine 31 
5. Electrolytic capacitors from Japan 33 
6. Ferro-siI icon from Poland and Egypt 35 
7. Synthetic fibres of polyester from India and the 36 
Republic of Korea 
8. Outer rings of tapered roller bearings from Japan 38 
9. DRAMs from the Republic of Korea 39 
10. Magnesium oxide (caustic magnesite) from the People's 41 
Republic of China 
11. Deadburned magnesia from the People's Republic of China 43 
12. Seamless steel and iron tubes from Czechoslovakia, 44 
Hungary, Poland and Croatia 
6. DEFINITIVE MEASURES 47 
6.1 Overview 47 
6.2 Cases 47 
1. Thermal paper from Japan 47 
2. Cotton yarn from Brazil and Turkey 49 
3. Polyester yarns from Taiwan, Indonesia, India, 51 
the People's Republic of China and Turkey 
4. Semi-finished products of alloy steel from Turkey and 53 
Brazi I 
5. Silicon metal from Brazil 54 
6. Car radios from the Republic of Korea 56 
7. Potassium chloride from Belarus, Russia and the Ukraine 58 
8. Electrolytic capacitors from Japan 59 
9. Ferro-siI icon from Poland and Egypt 61 
6.3 Acceptance of undertakings 63 
- /\b_ 
Page 
7. TERMINATIONS WITHOUT MEASURES 64 
7.1 Overview 64 
7.2. Cases 64 
1. Dihydrostreptomycin from Japan 64 
2. Audio tapes on reels from Japan, the Republic of Korea 65 
and Hong Kong 
3. Merchant bars and rods of alloy steel from Turkey 66 
4. Cotton yarn from Egypt 66 
5. Haematite pig iron from Turkey 66 
6. Wire rod from Argentina, Egypt, Trinidad and Tobago, 67 
Turkey, Bosnia-Herzegovina, Croatia, Slovenia, the former Yugoslav 
Republic of Macedonia, Montenegro and Serbia 
8. REVIEWS 68 
8.1 Overview 68 
1. Article 15 reviews 69 
2. Article 14 reviews 69 
3. "Newcomer" reviews 70 
4. Article 13(11) reviews 70 
9. REFUNDS 72 
10. THE COURT OF JUSTICE 73 
10.1 Overview 73 
10.2 New cases 73 
10.3 Judgements rendered 73 
1. Compact disc players 73 
2. Refunds of ant I-dumping duties paid on ball-bearings 76 
3. Photocopiers 78 
4. Calcium metal 83 
10.4 Cases withdrawn 84 
10.5 Cases pending 84 
10.6 Court of First Instance 84 
Page 
11. REFORM OF THE E.C. LEGISLATION 86 
12. DEVELOPMENTS IN THIRD COUNTRIES 89 
12.1 Formation of new independent states 89 
1. Ex-U.S.S.R. 89 
2. Ex-Yugoslavia 89 
12.2 Dismantling of exports monopolies 90 
12.3 Transition towards market economies 91 
12.4 Advice to third countries 91 
12.5 Defence of export interests 92 
13. GATT ISSUES 93 
13.1 Uruguay Round negotiations 
13.2 Consultations and dispute settlement 93 
1. Disputes concerning Community action 93 
a) Audio cassettes 93 
b) "Duty as a cost" 94 
2. Disputes concerning actions taken by third countries 94 
a) Australia - countervailing duty on imports of 94 
glacé cherries from France and Italy 
b) Brazil - countervailing duty on imports of milk 95 
powder and certain types of milk from the EC 96 
c) Steel - U.S.A 
14. PERSONNEL AND ADMINISTRATION 97 
- 1d-
ELEVENTH ANNUAL REPORT1) OF THE COMMISSION ON THE COMMUNITY'S 
ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES2) 
1. INTRODUCTION 
This report is submitted to the European Parliament following its 
Resolution of 16 December 1981 on the Community's anti-dumping 
activities3^, and the more recent report of the European Parliament's 
Committee on External Economic Relations on the anti-dumping policy of 
the European Community4). 
The report concentrates mainly on the Community's activities during 
1992, but for the purpose of comparison, the number of anti-dumping and 
antI-subsidy investigations initiated and concluded by the Community in 
the years 1988 to 1992, together with a breakdown of the type of 
measures taken, are summarized in Table 1 below. 
For 1992, a cone I se commentary on each case opened, each provisional and 
definitive measure taken, and each case terminated without measures, is 
given in sections 4, 5, 6 and 7 respectively. 
1) Previous reports were given in C0M(83)519 final/2; C0M(84)721 final; 
COM(86)308 final; COM(87)178 final; COM(88)92 final; C0M(89)106 final 
COM(90)229 final; SEC(91)92 final; SEC(91)974 final and SEC(92)716 
final. 
2) In accordance with Council Regulation (EEC) No 2423/88, OJ No L 209 
of 02.08.1988, p. 1, and Commission Decision No. 2424/88/ECSC, OJ No 
L 209 Of 02.08.1988, p. 18. 
3) OJ No C 11. 18.01.1982, p. 37. 
4) PE 141.178/fin of 30.11.1990, rapporteur: Mr. GIJs DE VRIES 
- 2 -
TABLE 1 
Anti-dumping and anti-subsidy investigations 
during the period 1 January 1988 to 31 December 1992 
! Investigations in progress at 
! the beginning of the period 
i Investigations initiated 
I during the period 
! Investigations in progress 
I during the period 
I Investigations concluded by: 
i - imposition of definitive 
! duty 
I - acceptance of price 
! undertaking 
I - determination of no dumping 
I - determination of no 
! subsidisation 
! - determination of no injury 
I - other reasons 
! Total investigations 
! concluded during the period 
! Investigations in progress 
! at the end of the period 
! Provisional duties imposed 
! during the per iod 1988 
39 
40 
79 
18 
5 
3 
26 
53 
28 1989 
53 
27 
80 
10 
5 
5 
20 
60 
10 1990 
60 
43 
103 
18 
9 
13 
4 
44 
59 
23 1991 
59 
20 
79 
19 
3 
1 
6 
4 
33 
46 
19 1992 : 
46 ! 
39 ! 
85 ! 
16 ! 
1 | 
4 ! 
7 ! 
28 | 
57 | 
18 ! 
""• 2 <g^ _ 
New AD Investigations 
1988 1989 1990 1991 1992 
D Invest, initiated Invest, in progress I Invest, concluded 
Measures imposed 
1992 
Définit. Duty D Prov. Duty Undertakings I No measures 
- 3 -
2. THE COMMUNITY'S ANT I-DUMPING POLICY - LEGAL FRAMEWORK AND RATIONALE 
2.1 LEGAL FRAMEWORK 
2.1.1 THE GATT RULES 
Anti-dumping action against injurious dumping from third 
countries is an instrument of the Community's Common Commercial 
Policy which is expressly provided for in Article 113 of the EC 
Treaty. Its justification in international law Is in Article VI 
of the GATT, which condemns dumping where it causes material 
injury to the industry in the importing country because it stems 
from a contrived rather than a true comparative advantage (see 
section 2.2). 
The GATT defines dumping as occurring where export prices are 
below a "normal value" calculated on the basis of: 
the exporter's home market prices, or 
if the exporter's domestic sales are made at a loss in 
substantial quantities over an extended period, his costs of 
production. 
The GATT also recognizes that the markets in the State trading 
countries are not profit motivated like trade in market economy 
countries and, consequently, it permits the "normal value" for 
these countries to be based, for example, on prices in an 
appropriate market economy third country or on competitive import 
prices from other sources. 
In addition, under the GATT anti-dumping rules, action may only 
be taken against dumped imports if these have caused, or are 
threatening to cause, "material" injury to the domestic industry. 
A material injury finding normally requires that the domestic 
industry has either lost significant market share or its prices 
---have been significant I y forced down by the -Imports. Moreover, 
these effects must be demonstrated to have resulted in lower 
production, sales profits, productivity, etc. In addition, there 
is a requirement that any injury caused by other factors, such as 
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recession or imports sold under normal conditions cannot be 
attributed to the dumped imports. 
2.1.2 COMMUNITY LEGISLATION 
a) The Community's anti-dumping legislation, which is based on and 
in full conformity with GATT rules, spells out the criteria and 
rules for taking effective action against dumping. A number of 
these provisions also ensure that anti-dumping measures, when 
they are taken, constitute the least possible impediment to the 
Community's import trade. The most important of these provisions, 
which are not mandatory under the GATT and which are not applied, 
or only partially applied, by other signatories, are 
"the lesser duty rule", under which the Community does not 
automatically apply the full margin of dumping found. In each 
case, care is taken that the level of the measure is the 
minimum necessary to remove the injury. The application of 
this rule has had a very significant overall effect on the 
level of measures applied in the Community. In the last 5 
years, the average dumping margin established was 
approximately 40% whereas the actual measures were imposed, 
on average, at half that rate. 
- the Community Interest test, under which the overall 
interests of the Community are taken into account before the 
application of anti-dumping measures. For example, the short 
term benefits of low prices for industrial users and 
consumers, are weighed against the injurious effects of the 
dumped imports in terms of the industrial« and social costs of. 
the contraction or elimination of firms, sectors or whole 
industries. Over the last five years this has become an 
increasingly important aspect in the implementation of the 
Community's ant I-dumping policy. 
the "sunset" provision, under which the period of validity 
of antI-dumping measures is limited to 5 years unless a 
review is carried out and it is deemed necessary that they 
continue. Under this provision, 212 measures have been 
- 5 -
allowed to expire automatically since 1985. 
b) The application of Community legislation has also been changed to 
^reflect the "new", market economy status of Hungary, Poland and 
the former Czecholovakia (scheduled to become the Czech Republic 
and the Slovak Republic from 1.1.1993). This means that dumping 
will now be established in relation to the domestic prices in 
these countries and not under the mechanism reserved for state 
traders explained in section 2.1.1 above. The situation with 
regard to these countries is also addressed in section 12.3 of 
this report. 
2.2 Ratlonale 
The reasons why the GATT considers injurious dumping as unfair 
are: 
dumping requires that the exporting market be segregated and 
that the Importing market be open. These substantially 
different degrees of market access makes international trade 
fundamentally different to trade within an integrated market; 
operating from a segregated market can confer on exporters an 
advantage which is not due to higher efficiency and cannot be 
matched by his competitors in the importing country; 
this provides the dumper with the opportunity to maximize 
profits or minimize losses and can be highly injurious for 
the importing country's industry. 
2.2.1 Dumping in integrated and international markets. 
Domestic trade within an Integrated market economy is governed by 
the freedom of movement of goods, services, capital and people 
which create a level playing field and give maximum impact to the 
role of market forces which compel firms to price in relation to 
efficiency. Under such conditions, there is only room for very 
limited and short term price discrimination between different 
parts of the market, by the operator (or a group of operators) 
- 6 -
'because this would lead to immediate arbitrage or retaliation by 
compet itors. 
An integrated market is also a very hostile environment for those 
who attempt to gain by sustained selling below cost. There is 
little incentive to carry out such a strategy, on any other than 
a short term basis, given that competitors are free to retaliate 
with equally low prices. It would simply force all prices down 
with no offsetting gain in terms of increased market share. With 
these "inbuiIt" constraints on unfair, prieing,-competit ion rules 
•can be restricted to maintaining the level playing field, through 
action, for example, against cartels or abuse of dominant 
pos i 11on. 
The international enviroment is very different to the situation 
prevailing in integrated markets. The rules applying to 
international trade have so far not been able to ensure equal 
access to all or, at least, the most important markets, nor do 
they cover international competition(5) Even between the main 
players in world trade there are still significant differences in 
tariff rates. Non-tariff barriers are numerous, ranging from 
outright quotas and so-called "voluntary restraint agreements" to 
a multitude of measures impeding market access by foreign 
competitors such as elaborate customs procedures, discriminatory 
standards and other technical barriers, discriminatory patent 
regulations, non-enforced or biased ant I-trust legislation, 
exclusive import groupings, closed-bidding practices, etc. As a 
consequence large scale price discrimination between different 
national markets is possible and can become a strategy for 
companies operating in foreign trade from a "closed" market. 
2.2.2 The effects of dumping 
a) Position of the dumper and the exporting country. 
Provided its home market is shielded against arbitrage or 
• ^retal lation, «and^a-^consequent price drop -Xwhi-ch would neutral ize 
(5) Competition rules were included in the so-called Havanna Charter 
of 1945 but not implemented when GATT was concluded in 1948. 
- 7 -
the discrimination), dumping can have clear advantages for the 
individual exporter. A profitable home market provides a platform 
which may be used to operate in export markets at prices much 
-lower than could have been possible without*market segregation. 
The low export prices generate further sales which in turn lower 
the costs of production, an advantage which benefits both export 
and home sales. Under such conditions, dumping becomes an 
economic behaviour of great efficiency, the benefits of which do 
not necessarily reflect a genuine competitive advantage to the 
dumper. 
Dumping can also be beneficial to dumpers, even in situations 
where home market sales are made at a loss. As long as the latter 
cover fixed costs, export sales can be priced as low as variable 
cost, a strategy which permits production and employment to be 
maintained in a recession or enables the aggressor to obtain 
considerable advantages when going for economies of scale, etc. 
Annex S sets out an example of how market segregation enables 
exporters to loss-minimize and profit maximize in these 
circumstances. 
The benefits of dumping for the exporting country's economy are 
that domestic industries develop capacities which far exceed the 
size of the national market. This allows high economic growth and 
high production levels, even in periods of domestic or world-wide 
recession. Furthermore, it facilitates strategic targeting of 
key industrial sectors in important markets. This can result in a 
high trade surplus and possibly dominant positions in the 
industrial sectors concerned. The advantages derived from dumping 
can thus outweigh disadvantages stemming from protection of the 
home market, in particular relatively high consumer prices. 
b) Effects for the importing country 
A domestic industry facing dumped imports is in a difficult 
position. The normal reaction to the low prices of a competitor 
'would-be' to sel l*'onwthe latter's home market«a*-equal iy low 
prices, but this is not always possible because of access 
barriers. Instead, it has to reduce its domestic prices to the 
level of the dumped import prices or lose market share. Its 
- 8 -
posit ion becomes the more difficult as the dumper may be able to 
sustain losses on its export business for long periods because of 
its "guaranteed" home market profits. The resulting cost 
^increases and losses may affect also the industry's.posit ion in 
third markets. As a result, its overall productivity and 
investment strength is weakened. In addition, dumping creates 
uncertainty for investment. Even correct investment planning may 
be frustrated by less efficient competition with the result that 
resources in the importing country are wasted. 
Users and consumers are likely to enjoy short term benefits from 
dumped imports through low prices, but the position may be less 
favourable in the longer term. Where domestic producers are 
forced to lower production or to cease it altogether, competition 
is reduced, a situation which, in the long run, is unlikely to 
serve consumer interests. 
The impact of dumping on the importing country as a whole is the 
reverse of the impact on the exporting country. There may be an 
immediate advantage through the cheap imports, but account has to 
be taken of the total costs of dumping to the domestic economy, 
i.e. lost capacities, lost Investments, the loss of technology 
especially in promising or strategic sectors, a shrinking 
industrial base, and the social costs of unemployment and the 
contraction or élimination of whole industries. 
2.3 Different Dumping Strategies. 
In a number of instances, dumping is not or not sufficiently 
harmful to justify defensive action. Short term dumping, e.g. for 
the purpose of ensuring market entry, as a general rule may only 
involve limited damage to domestic producers and therefore 
constitutes insufficient reason to warrant protection. Even where 
long-term dumping takes place, anti-dumping action is Justified 
only if and when it leads or threatens to lead to significant 
injury, e.g. in terms of market shares or through price under­
cutting or price depression. The GATT and Council Regulation 
(EEC) No. 2423/88 consequently stipulate that anti-dumping action 
is dependant upon the finding of material injury caused by the 
dumping to the domestic Industry of the importing country. 
- 9 -
There are three types of dumping which are particularly damaging: 
- state trade dumping from economies whose main aim may not be 
cost efficiency but to earn hard currency at any price. In 
these cases the margins by which the prices of the Community 
producers are undercut may be unusually high. Because the 
exporters In question often do not follow normal business 
behaviour, this type of dumping is unpredictable in view of 
its occurrence, volume, price and duration; 
"cyclical" dumping occurs in industries subject to periodic 
excess supply and capacity in which there is an incentive to 
export during the period of shrinking domestic demand to dump 
the excess production at prices below full cost, thus 
exporting unemployment. Cyclical dumping can be expected in 
industries with high investment and consequently high fixed 
costs, like the steel or chemical industry and has the effect 
of exacerbating the difficulties facing an industrial sector 
in the importing country which is already affected by 
economic recession; 
strategic dumping aimed at achieving, through an aggressive 
export strategy, a strong position on important export 
markets. The long-term character of such dumping usually 
stems from the fact that the dumper operates from a home 
market base where foreign competition is weak or non­
existent. This strategy has as its main aim the expansion of 
production to benefit from scale and learning economies for 
products such as in the electronics sector. 
- 10 -
3. -GENERAL OVERVIEW - MEASURES IN FORCE 
At the end of 1992, the Community had 158 measures in force, 108 
of which were original measures and 50 of which were measures 
maintained after a full review. Of these 158 measures, 114 were 
in the form of duties and 44 in the form of undertakings. It is, 
of course, important to bear in mind that these measures, 
although substantial in relation to numbers of investigat ions, 
only affect 0.6% of-total imports to the Community. 
Of all the measures in force 47, or 30% of the total, were 
imposed against the state trading countries,(6) including China 
with 20 measures. The other countries most involved were Japan 
with 21 measures, S.Korea with 13 and Turkey with 10. 
The picture changes, however, if measures are examined in 
relation to trade value, which is a more realistic measurement. 
In this respect, the measures against Japan represented 70% of 
the total trade value affected by all measures. 
It is noteworthy that most of the Japanese products which are 
subject to measures, approximately 10 in number, can be 
classified as strategic in terms of their high technology content 
or their importance to an economy. They are also products where 
the "learning curve" and economies of sale are crucial and these 
factors make them particularly vulnerable to a dumping strategy. 
These products In fact, won very considerable market shares in 
the Community, while imports into Japan, from any source, were 
practically zero for each of the products, except DRAMs, where a 
bilateral agreement with the United States led to some U.S. goods 
being sold in Japan. 
See tables 2 and 3 for a statistical overview of original 
investigations and reviews for the period 1981 to 1992. 
(6) These figures only include measures for the then CSSR, Hungary 
and Poland when they were classified as State traders. 
T A B L E 2 
ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS DURING THE PERIOD 1981 - 1992 
I 1 1 1 1 1 1 1 1 1 I 1 1 1 
| | 1981 | 1982 | 1983 j 1984 j 1985 j 1986 j 1987 j 1988 | 1989 | 1990 j 1991 j 1992 j 
| Investigations in progress at | | j | | | j | | | | | | 
j the beginning of the period j 29 j 46 j 53 j 33 j 40 j 44 j 21 j 39 j 53 | 60 j 59 j 46 j 
| Investigations Initiated I I I I I I I ! I I I I I 
j during the period j 48 j 58 j 38 j 49 j 36 j 24 j 39 j 40 j 27 j 43 j 20 j 39 j 
| Investigations in progress I I I I I I I I I I I I I 
j during the period j 77 j 104 j 91 j 82 j 76 j 68 j 60 j 79 j 80 j 103 j 79 j 85 j 
| Investigations concluded by : | | | | J | | j | j | | | 
| - imposition of definitive I I I I I I I I I I I I I 
| duty j 10 j 7 j 20 j 5 | 8 j 4 j 9 | 18 j 10 | 18 j 19 j 16 | 
| - acceptance of price I I I I I I I I I I I I I 
| undertaking j 7 j 35 j 27 j 27 j 4 j 25 j 8 j - j 5 j 9 j 3 j - j 
| - determination of no dumping |7|3|-|6|2|4|-|-|-| — | 1 j 1 | 
| - determination of no I I I I I I I I I I I I I 
| subsidisation I "* I "* I ~ I ~ I 1 l""l~l""l~l~l~l""l 
| - determination of no injury |6|6|8|-|15|7|4|5|5|13| 6 | 4 | 
| - other reasons |l|l|3|4|2|7|-|3|-|5|4|7| 
| Total investigations I I I I I I I I I I I I I 
I concluded during the period j 31 j 51 j 58 j 42 j 32 j 47 j 21 j 26 j 20 j 45 j 33 j 28 j 
| Investigations In progress I I I I I I I I I I I I I 
| at the end of the period j 46 j 53 j 33 j 40 j 44 j 21 j 39 j 53 j 60 j 58 j 46 j 57 j 
| Provisional duties imposed I I I I I I I I I I I I I 
| during the period j 10 | 18 j 22 j 11 j 9 j 6 j 13 j 28 j 10 j 23 j 19 j 18 j 
J I L j L J I L 
T A B L E 3 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS DURING 1981 - 1992 
I I 1 1 1 1 1 1 1 1 1 « 1 1 
| | 1981 | 1982 | 1983 | 1984 | 1985 | 1986 | 1987 | 1988 | 1989 | 1990 | 1991 | 1992 | 
| Reviews in progress at the I I I I I I I I I I I I I 
| beginning of the period j 1 j 16 j 24 j 2 j 2 j 20 j 27 j 11 j 20 j 15 j 21 | 21 j 
| Reviews opened during the I I I I I I I I I I I I I 
| period j 17 j 24 j 10 j 7 j 30 j 24 j 8 j 24 j 17 j 26 j 16 j 27 j 
| Reviews in progress during II I | | I | | I I I I I 
j the period j 18 j 40 j 34 j 9 | 32 j 44 j 35 j 35 j 37 j 41 j 37 j 48 j 
| Reviews concluded by : I I I I I I I I I I I I I 
| - imposition of definitive I I I I I I I I I I I I I 
| duty In lieu of price |-|l|8|l|l|l|7|4|4|6|l|l| 
| undertaking I I I I I I I I I I I I I 
| - amendment of definitive I I I I I I I I I I I I I 
I duty |-|-|11|2|5|7|8|-|4|2|3|11| 
| - suspension of definitive I I I I I I I I I I I I I 
I du*y l-l-l-l-|3|-|i|-|-|-|-|-| 
| - acceptance of price I I I I I I I I I I I I I 
j undertaking In lieu of j - j - j 2 j 2 j 1 j 1 j 1 j 3 j - j 1 j - j - j 
j definitive duty I I I I I I I I I I I I I 
| - amendment of price I I I I I I I I I I I I I 
j undertaking j - j 13 j 8 j 1 j - j 2 j 4 j 2 j 1 I - I 5 j 1 j 
| - repeal or expiry of I I I I I I I I I I I I I 
| definitive duty |-|-|-|-|2|2|2|l|9|6|4|5| 
| - repeal or expiry of price I I I I I I I I I I I I I 
| undertaking l~l~l3l~l""|3|-|5|4| 5|2|-| 
| - repeal of regional duty I 1 I ~ I ~ I 1 l_l~l~l~l""l""l~l~l 
| - no change of the measures I I I I I I I I I I I I I 
| In force J 1 I 2 | - | - | - | 1 I 1 | - I ~ I " I ~ I ~ I 
| Total reviews terminated I I I I I I I I I I I I I 
j during the period j 2 j 16 j 32 j 7 j 12 j 17 j 24 j 15 j 22 j 20 j 15 j 18 j 
| Reviews In progress at the | | | | | | | | | | | | | 
end of the period 16 24 2 2 20 I 27 11 20 15 21 22 j 30 j 
i •' i i i i ! i i i i i i i i 
| Provisional duties imposed I I I I I I I I I I I I I 
j during the reviews |1|13|3|3|2|8|-|7| 1 j - I - I - I I 
J I L 
- 13 -
4. INITIATIONS OF ANT I-DUMPING AND ANT I-SUBSIDY INVESTIGATIONS 
4.1 OVERVIEW 
In the five-year period from 1988 to 1992, 169 investigations were 
initiated involving imports from 40 countries. The countries most 
involved were the People's Republic of China with 28 investigations, 
S. Korea with 15 investigations and Japan and Turkey with 14 
investigations each. 
In 1992, 39 investigations were initiated involving imports from 22 
countries, the People's Republic of China being by far the most 
prominent with 8 initiations. The high number of countries involved 
is due in part to the political changes in the former U.S.S.R. and 
the former Yugoslavia, with each new Republic now being listed as a 
country in its own right. The investigations initiated over the last 
five years are broken down by country of export in Annex G. 
The investigations initiated in the years 1988 to 1992 are broken 
down by product sector in Annex H. This shows that, over the period, 
the sectors most involved were those of chemicals and electronics 
with, in 1992, the largest number of initiations again taking place 
in the electronics sector. 
4.2 INITIATIONS IN 1992 
4.2.1 Electronic weighing scales from Singapore and S. Korea 
The notice of initiation of an anti-dumping proceeding was 
published on 10 January 1992, with regard to imports of certain 
electronic weighing scales originating in Singapore, subsequent 
to a complaint lodged by 9 EC manufacturers representing a major 
proportion of Community production. Following a further complaint 
from the same producers, the investigation was extended on 4 
April 1992 to the Republic of Korea. 
- 14 -
"This type of weighing scale concerned is a simple three-function 
electronic retail scale used in small retail shops as well as as 
in supermarkets. 
The complaint contained evidence of significant dumping on the 
basis of a comparison between export prices to the Community and 
the domestic prices in Singapore and S.Korea. 
With regard to injury, it was claimed that the market share of 
imports from Singapore and S.Korea had r isen from 5.6% in 1988 to 
22% in 1991. The complaint also alleged price undercutting, price 
depression to loss-making levels leading to a decline in 
Community production and sales. 
4.2.2 Unwrought manganese from the People's Republic of China 
The notice of initiation of an anti-dumping proceeding was 
published on 21 January 1992, with regard to imports of unwrought 
manganese containing more than 96% by weight of manganese, 
originating in the People's Republic of China. The complaint was 
lodged by the Chambre syndicale de l'électrometallurgie et de 
I'électrochimie in Paris on behalf of the sole Community 
producer. 
The complaint contained evidence of significant dumping on the 
basis of a comparison between export prices to the Community and 
domestic prices in the U.S.A., which was claimed to be the most 
appropriate analogue country. 
With regard to injury, the share of the Community market held by 
the Chinese product was alleged to have increased 15-fold between-
1985 and 1990, when it reached 46%. Substantial price 
undercutting and price depression were also alleged causing the 
Community producer to lose market share, reduce his production 
and make workers redundant. 
- 15 -
4.2.3 Paint brushes-from'the People's RepublIc of China 
This investigation was resumed on 31 January 1992 following a 
«judgement >of. the-Courtvof-Just ice (see 10th.Annual Report). 
4.2.4 Antimony trioxide from the P.R. China 
The notice of Initiation of an anti-dumping proceeding was 
published on 21 March 1992, with regard to imports of refined 
antimony trioxide originating in the People's Republic of China, 
-following a complaint lodged by the European Council of Chemical 
Manufacturers' Federations (CEFIC), which was acting on behalf of 
a major proportion of Community production. 
Refined antimony trioxide is a white odourless powder obtained by 
the oxidation of antimony metal, ores or concentrates. Its main 
application Is as a flame retardant in plastics, polymers, rubber 
and paints. It is also used in the production of polyester 
fibres, as a smelting agent in glass and as an opacifier in 
ceramics. 
The complaint contained evidence of significant dumping on the 
basis of a comparison between export prices to the Community and 
domestic prices in the Republic of Korea, which was claimed to be 
the most appropriate analogue country. 
With regard to injury, it was claimed that the market share of 
the Chinese product had risen from 14.3% in 1987 to almost 24% in 
1991 and that, during the same period of time, the prices at 
•which the Chinese product had been sold in the Community had 
declined significantly, substantially undercutting the prices 
charged by Community producers. This in turn was alleged to have 
caused substantial decreases In profit and Job losses despite a 
significant increase in Community consumption. 
- 16 -
4.2.5 Portland cement from Romania. Tunisia and Turkey 
The notice of initiation of a regional anti-dumping proceeding 
was published on 22 April 1992, concerning-imports into Spain of 
certain Portland cement originating in Romania, Tunisia and 
Turkey. The complaint was lodged by OF ICEMEN, the national 
organisation of Spanish cement producers, representing the 
totality of Spanish Portland cement production. 
On the basis of a comparison of domestIc prices of the like 
product in Turkey and Tunisia with the corresponding prices 
charged for export to Spain, significant dumping margins were 
alleged for each of the three countries concerned. 
Market shares of imports into the Community from the countries 
cited allegedly rose from 3% in 1988 to 9.4% in 1991, and their 
prices undercut the prices charged by the Spanish producers by up 
to 21%. The latter were consequently forced to suppress price 
increases necessary to meet increases in costs, and even to 
reduce their prices, causing production to fall and operating 
profits to dec Iine. 
4.2.6 Fluorspar from the People's Republic of China 
The notice of initiation of an anti-dumping proceeding was 
published on 25 April 1992, with regard to imports of fluorspar 
originating in the People's Republic of China, following a 
complaint lodged by Eurométaux on behalf of the Community 
producers of fluorspar. 
- 17 -
-The complaint contained evidence of significant dumping on the 
basis of comparison between export prices in Morocco, which was 
claimed to be an appropriate analogue country. 
With regard to injury, it was claimed that the share of Community 
market held by the Chinese product had risen from 3% in 1988 to 
15% in 1991. The complaint also alleged price undercutting and 
price depression which led to a significant decline in Community 
production and sales. 
4.2.7 "Photo albums from the People's Republlc of China 
The notice of initiât ion of an anti-dumping proceeding was 
published on 12 May 1992, with regard to imports of photo albums 
originating in the People's Republic of China, following a 
complaint lodged by the Committee of European Photo Albums 
Manufacturers (CEPAM) representing a major proportion of 
Community production. 
The complaint contained evidence of significant dumping on the 
basis of a comparison between export prices to the Community and 
domestic prices in Japan, which was claimed to the be the most 
appropriate analogue country. 
With regard to injury, the market shares of the Chinese product 
were alleged to have risen from 1.2% in 1988 to 15% in 1991. The 
complaint further alleged substantial undercutting, losses and a 
fall in Community production and sales. 
4.2.8 Compact disc players from Taiwan. Singapore and Malaysia 
The notice of initiation of an anti-dumping proceeding was 
published on June 12 1992, with regard to imports of compact 
disc players originating in Taiwan, Singapore and Malaysia. The 
proceeding was opened following a complaint lodged by the 
Committee of Mechoptronics Producers and Connected Technologies 
(COMPACT) on behalf of producers representing a major proportion 
- 18 -
of the Community industry. 
The opening notice underlined the importance which the Commission 
' -attached to the quest ion of the origin of the-products, and did 
not exclude the possibility that its conclusions on this point 
could be useful in the framework of the review of the anti­
dumping measures against Japan and S. Korea, which was opened in 
July 1991. 
The complaint contained evidence of significant dumping based on 
a comparison of export prices to the Community and a constructed 
normal value for the three countries cited, as sales of the like 
product in the countries were alleged not to permit a proper 
comparison. 
With regard to injury, the combined share of the Community market 
held by imports from the three countries was alleged to have 
reached 22% In 1991, whilst that of the Community industry was 
claimed to have substantially decreased. Furthermore, the 
development of these imports was considerably in excess of the 
increase in consumption of compact disc players in the Community. 
These imports were alleged to have had a severe impact on the 
profitability of the Community industry through undercutting and 
pr ice >dep r ess ion, -compounding the injury already., caused by dumped 
imports from Japan and South Korea. 
4.2.9 Ferro-siI icon from South Africa and the People's Republic of 
China 
The notice of initiation of an anti-dumping proceeding was 
pub Iished on 9 July 1992, with regard to imports of ferro-siI icon 
originating in South Africa and the People's Republic of China. 
The complaint was lodged by the Liaison Committee of Ferroalloy 
Industries on behalf of Community producers representing a major 
proportion of Community production. 
-—The^complaint contained«evidence of sign If loan*-«dumping based on 
a comparison of export prices to the Community and domestic 
- 19 -
prices in South Africa, the latter being claimed to be an 
appropriate analogue country for China. 
^WithAregard^to ^injury,.sign if leant increases.Jn the share of the 
Community market (from 1.4% in 1988 to almost 7% in 1991) were 
alleged for both South Africa and the P.R. China, the imports 
being made at prices which undercut those charged by the 
Community producers, thus further depressing the already low 
level of ferro-siI icon prices on the Community market. 
4.2.10 Manganese steel wearparts from South Africa 
The notice of initiation of an anti-dumping proceeding was 
published on 25 July 1992, with regard to the imports into the 
Community of manganese steel wearparts originating in South 
Africa, subsequent to a complaint lodged by six Community 
producers representing a major proportion of Community 
production. 
The products concerned are parts of machinery which are liable to 
be worn away by contact with the material they are processing. 
They are manufactured by a foundry process and moulded into a 
steel casting with a minimum content of 6% manganese. 
The complaint contained evidence of significant dumping based on 
a comparison between export prices to the Community and domestic 
prices in South Africa. 
With regard to injury, it was claimed that the market share of 
imports from South Africa had risen from 19% in 1989 to 26% in 
1991. Substantial price undercutting and price depression were 
also alleged causing lost sales and market losses for Community 
producers, to the extent that doubts were expressed about them 
continuing in production. 
- 20 -
4.2.11 Gum rosin from the People's Republic of China 
The notice of initiation of an anti-dumping proceeding was 
-published on 1 .August .1992, with regard to imports of gum rosin 
originating in the People's Republic of China, following a 
complaint lodged by the Associaçao dos Industrials e Exportadores 
de Produtos Resinosos (AIEPR) representing a major proportion of 
Community production. 
The product concerned is rosin obtained from fresh oleoresins and 
is used in various sectors of the chemical industry, notably for 
the production of glue for paper, paints and varnishes, 
res I no ids, base gum for chewing gum and units of rosin. 
The complaint contained evidence of significant dumping based on 
a comparison of export prices to the Community and domestic 
prices in Brazil, which was claimed to be an appropriate analogue 
country. 
With regard to Injury, it was alleged that the Chinese imports 
had increased their market share from 42% in 1988 to 60% in 1991 
at prices which had undercut those charged by the Community 
producers by up to 25%, and had forced the latter to artificially 
depress their prices. It was alleged that the Community industry 
had suffered a decline in production, sales and capacity 
utilisation, a large reduction in employment and considerable 
financial losses, leading to a number of closures in recent 
years. 
4.2.12 Low carbon ferrochrome from Kazakhstan. Russia and Ukraine 
The notice of intiatlon of an anti-dumping proceeding was 
published on 1 August 1992, with regard to imports of low-carbon 
ferrochrome originating in Kazakhstan, Russia and the Ukraine. 
These investigations, the first involving Republics of the former 
Soviet Union as independent entities, were opened following a 
- 21 -
complaint by-the Liaison Committee of Ferroalloy Industries on 
behalf of a major proportion of Community producers. 
The complaint contained evidence of significant-dumping based on 
a comparison between export prices to the Community and the costs 
of production in South Africa, which was claimed to be an 
appropriate analogue country. 
The complaint alleged that the exporters had managed to increase 
their share of the Community market from 8.9% in 1988 to 19% in 
1991, thanks to dumped imports at prices which were consistently 
and considerably depressed. These prices allegedly undercut those 
of the Community producers by 26% to 50%, forcing the latter to 
align their prices downwards and to sustain considerable 
financial losses. 
4.2.13 Ethanolamines from the U.S.A. 
The notice of initiation of an anti-dumping proceeding was 
published on 8 August 1992, with regard to imports into the 
Community of certain ethanolamines originating in the U.S.A. 
This proceeding was opened following a complaint lodged by the 
European Council of Chemical Manufacturers' Federations (CEFIC), 
acting on behalf of alI Community product ion of ethanolamines. 
There exist three main types of the product in question, all of 
which are produced by the reaction of ethylene oxide and aqueous 
ammonia. The three types have overlapping end uses, mainly as 
surfactants (in detergents formulations, personal care products, 
all-purpose cleaners, wax formulations and waterless hand 
cleaners), gas purification, metals and textiles. Ethanolamine is 
also used as feed-stock for the product ion of ethylene-diamines. 
The complaint contained evidence of significant dumping based on 
a comparison between export prices to the Community and domestic 
prices in the United States. 
- 22 -
-With regard to injury» it was claimed that the market share of 
imports had risen from 31% in 1988 to 40% in 1991. Price 
undercutting and price depression were also alleged and this had 
-led-to-reduced prof its-and losses to CommunJJLy..-producers, which 
reduced production despite increased demand. 
4.2.14 Isobutanol from Russia 
The notice of initiation of an anti-dumping proceeding was 
published on 18 September 1992, with regard to imports into the 
•Community of isobutanol originating in the Russian Federation. 
The complaint was lodged by the European Council of Chemical 
Manufacturer's Federations (CEFIC), acting on behalf of a major 
proportion of the Community production. 
Isobutanol is used, inter alia, in the paint and solvent 
industries. 
The complaint contained evidence of significant dumping based on 
a comparison of export prices to the Community and domestic 
prices in Brazil, which was claimed to be an appropriate analogue 
country. 
The complaint also alleged that the market share of Russian 
isobutanol had increased from 13.9% in 1988 to 24.8% in 1991. 
This led to a drop in Community production, sales and production 
capacity, apparently causing some producers to record losses. 
4.2.15 Microdisks from Hong Kong and the Republic of Korea 
The notice of initiation of an anti-dumping proceeding was 
published on 18 September 1992, covering imports into the 
Community of certain magnetic disks (3.5" microdisks) originating 
in Hong Kong and the Republic of Korea, following a complaint 
lodged by the Committee of the European Diskette Manufacturers, 
acting on behalf of a major proportion of Community production. 
- 23 -
•The-complaint-contained evidence of-significant dumping based on 
a comparison of export prices to the Community and the estimated 
costs of production, plus an amount for profit, in the respective 
exporting countries. 
With regard to injury, the complaint alleged that the imports of 
microdisks from the countries cited had increased their share of 
the Community market from 4.3% in 1988 to 14.2% in 1991. Over the 
same period, the prices of the imported product apparently 
underwent a rapid decline of about 50%, substantially 
undercutting the prices of the Community producers;-who a IlegedI y 
suffered price erosion, reduced profits and in some cases, even 
financial losses. 
It should be noted that the Commission is simultaneously carrying 
out an anti-dumping investigation into imports of the same 
product originating in Japan, Taiwan and the People's Republic of 
China, (see 10th Annual Report, Annex A.) 
4.2.16 Ammonium nitrate from Belarus. Georgia. Lithuania. Russia. 
Turkmenistan. Ukraine and Uzbekistan 
The notice of initiation of a regional ant I-dumping proceeding 
was published on 24 November 1992, with regard to imports into 
the United Kingdom of ammonium nitrate originating in the above-
mentioned Republics of the former Soviet Union. The complaint was 
lodged by the U.K. producers of the product in question. 
The complaint contained evidence of significant dumping on the 
basis of a comparison with export prices to the Community and 
domestic prices in Canada, which was claimed to be an appropriate 
analogue country. 
With regard to injury, the complaint claimed that the market 
share of imports had risen from 1.3% in 1990 to 19.1% in the 
first half of 1992. It was also alleged that heavy price 
-undercutting had resulted in a sizeable lossrof-market 
- 24 -
* share-,-decreases -in capacity and capaci ty ut i Hzat ion, huge 
increases in stocks, reduced profits and redundancies. 
4.2.17 ^-Colour television receivers from Malaysia, the People's ReoubIIc 
of China, the Republic of Korea. Singapore. Thailand and Turkey 
The notice of initiation of an anti-dumping proceeding was 
published on 25 November 1992, with regard to the imports into 
the Community of colour television receivers originating in or 
exported from the countries listed above. It was decided to defer 
the initiation of anti-dumping proceedings against Japan and Hong 
Kong, countries which were cited in the complaint lodged by the 
Community producers' federation SCAN, until questions of origin 
and level of imports were clarified. 
In view of the anti-dumping measures currently in force on small-
screen colour television receivers originating in the Republic of 
Korea, Hong Kong and the People's Republic of China, the scope of 
the proceeding concerning these countries was limited to colour 
televisions with a diagonal measurement of the screen exceeding 
42cm. 
The complaint contained evidence of significant dumping based on 
a comparison of export prices to the Community and domestic 
prices in the countries cited. The complaint also contained 
evidence of constructed normal values based on the costs of 
production in Singapore. 
With regard to injury, the complaint alleged that the market 
share of the six countries concerned had increased from 10% in 
1988 to 22% in 1991, and that this increase in market share was 
accompanied by substantial price undercutting. The consequent 
price depression had apparently significantly eroded the 
profitability of the Community producers, and had led certain of 
them into a loss-making situation in 1991. 
- 25 -
4.2.18 Haematite pig iron from Brazil and Poland 
The notice of initiation of an anti-dumping proceeding was 
published on 9 December-1992, concerning the.imports of haematite 
pig iron originating in Brazil and Poland. These investigations 
were opened following a request by EUROFONTES on behalf of a 
major proportion of Community producers, and form an extension to 
an initial investigat ion pub 11 shed in September 1991 with regard 
to the former Soviet Union. 
The complaint contained evidence of dumping based on a comparison 
of export prices to the Community and domestic prices in Brazil 
and constructed normal values for Poland. 
With regard to injury, it was alleged that Brazilian imports into 
the Community had increased their market share from 22% in 1990 
to 43% in 1992, whilst the Polish market share had risen from 3% 
to 10% over the same period of time. The prices of these imports, 
it was claimed, undercut those of the Community producers by up 
to 38%, forcing the latter to lower their prices in spite of 
significant increases in costs, and to curb their production, 
reduce their work force or introduce short-time working, in the 
face of a considerable loss of profitability. 
Initiated AD Investigations by Products 
1988 \ 
Chemicals Textiles Wood + Electronics Oth. Iron + Oth. 
Paper Median. Steel Metals Other 
-i£-
AD Investigations initiated against European Countries 
1988 1989 1990 1991 1992 
• USSR, CIS etc. • EFTA Other European 
countries 
AD Investigations initiated against Asian Countries 
y 12/f 
10 
8 
6 
4 
2 
0 I ' 
1988 1989 1990 1991 1992 
• Japan China South Korea HI Other Asian 
countries 
AD Investigations initiated against other Third Countries 
1988 1989 1990 1991 1992 
• USA Other American 
countries Other Third countries 
-%4&. 
USA 
Other Asian 
Countries AD Investigations initiated in 1992 
Rest of the World USSR, CIS etc. 
South 
Korea Other 
European 
Countries 
China 
AD Investigations by Region 
1989 1992 
Europe Asia America Rest of the 
World 
- 26))-
5. PROVISIONAL MEASURES 
5.1 OVERVIEW 
Provisional measures may be taken where the preliminary examination 
shows that dumping or a subsidy exists, that there is sufficient 
evidence of injury caused thereby, and that the interests of the 
Community cal I for intervention. Provisional duties have a normal 
period of validity of four months, which may under certain 
circumstances be extended for a further period of two months. 
Table 1 above shows that 18 provisional duties were imposed In 1992, 
compared to 19 in 1991 and 23 in 1990. The provisional measures 
imposed cover a wide range of product types and origins, and reflect, 
of course, the range covered by the opening of investigations. 
Details of the provisional duties imposed in 1992 are given in Annex 
B, whilst the following section of this report gives a summary of 
each case where provisional duties were imposed during 1992. 
5.2 CASES 
5.2.1 Car radios from the Republic of Korea 
On 11th February 1992, provisional ant I-dumping duties were 
imposed on imports into the Community of car radios originating 
in the Republic of Korea. The investigation was initiated on 8 
May 1990, following a complaint lodged by the Association for 
Legal Auto-Radio Measures (ALARM). 
Dump i no 
Dumping margins of between 0.25% and 33.95 were established for 
the nineteen Korean exporters which cooperated in the 
investigation. For non-cooperators the dumping margin was based 
on available evidence, at 38.3%, a level considered to be both 
*appropriate and représentâtive given the extent of non-
cooperation. 
- 27 -
Normal values-were constructed on the basis of actual 
manufacturing costs in S.Korea, plus an amount for selling, 
general and administrative costs and for profit; these were 
adjusted to take account of differences in categories of 
customers between domestic and export sales. 
Export prices were based on actual prices to independent 
importers or, in cases where sales were made via related 
importers, on the basis of prices charged by these related firms 
when sold to independent buyers, adjusted to c.i.f. Community 
frontier level by deducting the costs of the importer and an 
amount for profit. 
In order to make a fair comparison between normal values and 
export prices, allowances were made for all factors affecting 
price comparability, conditions of sale, transport, warranties, 
etc. With regard to credit-terms, allowance was restricted to the 
length of the credit period agreed at the time of sale as that 
was the period that was used in determining the price charged. 
Injury 
With regard to injury, the provisional findings of the Commission 
revealed that the market share of the Community industry had 
decreased from 36.7% in 1985 to 22.2% during the reference 
period. This was despite the fact that consumption of car radios 
on the Community market increased by roughly 60% during that 
time. Prices had fallen by 20% or more, a reduction which could 
not be explained solely by normal competitive conditions, such as 
increased production volumes and improved manufacturing 
techniques. This-price erosion, accompanied by a serious 
deterioration of profits, resulted from the massive dumped 
imports of Korean car radios sold at low prices in the Community. 
With regard to other factors alleged to have caused injury, the 
Korean exporters failed to produce any evidence to support their 
a Ilegations of dumping as regards imports originating in the 
other third countries. It was, furthermore, not apparent that the 
said imports could have had an impact on the Community industry 
comparable to that of the imports from Korea. 
- 28 -
Community Interest 
With regard to Community interest, it was considered that the 
imposition of duties could affect prices in the short term, but 
that the impact should be fairly limited in view of the large 
number of other suppliers on the Community market. Furthermore, 
it was clear that unless measures were taken, the situation of 
the Community industry would inevitably deteriorate. Moreover, it 
was in the interests both of the Community industry and consumers 
that fair competition be restored to the Community market. 
Measures 
As the level of injury caused by the dumping was, in all cases, 
greater than the dumping margins found, the duty was aligned on 
those dumping margins for individual cooperating firms, and at a 
level of 38.3% for the remainder. 
5.2.2 Semi-finished products of alloy steel from Turkey and Brazil 
On 9 April 1992, provisional ant I-dumping duties were imposed on 
Imports into the Community of semi-finished products of alloy 
steel. These investigations were initiated on 14 June 1990 
following a complaint lodged by the European Confederation of 
Iron and Steel Industries (EUROFER). 
Dumping 
A dumping margin of 33.7% was established for the sole Turkish 
producer and at rates ranging from 1.7% to 37.9% for the 
BraziI Ian exporter. 
Domestic sales prices in Turkey were chosen for the determination 
of normal value, calculated on a monthly basis in order to 
eliminate the effects of the 70% per annum inflation rate 
prevailing in Turkey during the investigation period. In the case 
*"&t**ti-\ l**our<Brazi11arHproducers, norma I -va lue^had to be 
constructed because substantial sales had been made at a loss or 
because of a lack of representative sales on the domestic market. 
- 29 -
These normal values-were constructed on the basis of actual 
manufacturing costs plus an amount for selling, general and 
administrative costs and for profit. 
Export prices were based on actual prices to independent 
importers in the country. 
In order to make a fair comparison between the normal values and -
export prices, allowance was made for all factors affecting price 
comparablIity, I.e. conditions of sales, import charges Indirect 
taxes, etc. 
Injury 
With regard to injury, the investigation showed that the combined 
market share of imports from the two countries cited Increased 
from 1.3% In 1985 to 8.7% during the investigation period. 
Moreover, import prices were found to have undercut those charged 
by the Community producers by up to 26%. Community producers 
suffered a loss of market share from 84% to 71% during the same 
period. Because of this pressure on prices, Community producers 
had difficulty in generating satisfactory returns, sometimes 
insufficient even to cover the rises In wage and raw material 
costs. 
With regard to causation, it was established that the Injury to 
the Community industry coincided with the rapid increase of the 
dumped imports. With respect to other factors which may have 
caused injury it was found that, within the restructuring process 
taking place in the industry, a certain shift of share between 
Community producers had taken place but this was considered to 
have had less effect than the dumped imports. 
Community Interest 
With regard to Community interest, it was found that it was 
clearly in the interest of the Community that-the production of 
these highly-specialized alloy steels, with their widespread 
ramifications in other essential sectors of the manufacturing 
industry, should continue under healthy conditions. It was also 
- 30 -
• considered necessary to have security of supplies for these basic 
products to preserve the industry's cost structure for the more 
specialized grades. 
Measures 
The Commission imposed duties at the level of the lower of the 
price undercutting margin or the dumping margin in order to 
eliminate price undercutting where possible. These provisional 
duties were 16% for Turkey and ranged from 1.75% to 15% in the 
case of BraziI. 
5.2.3 Silicon metal from Brazil 
On 10 April 1992, a provisional anti-dumping duty was imposed on 
imports of silicon metal originating in Brazil. The investigation 
had been initiated on 27 November 1990, subsequent to a complaint 
lodged by the Liaison Committee of Ferroalloy Industries. 
Dump I no 
Dumping margins ranging from 18.55% to 67.16% were established 
for the Brazilian exporters. 
Normal values were established on the basis of actual prices in 
Brazil or, were those were made at a loss, on the basis of 
constructed value which was calculated by reference to actual 
manufacturing costs, plus an amount for selling, general and 
administrative costs and for profit. 
Export prices were based on actual prices to -independent 
importers in the Community, or in cases where sales were made via 
related importers, on the basis of prices charged by the related 
firms when sold to independent buyers, adjusted to a c.i.f. 
Community frontier level by deducting the costs of the importers 
and an amount for prof i t. 
Injury 
The share of the Community market captured by Brazilian imports 
- 31 -
'leapt'from 3% in 1986 to 15% in 1990, whilst the market share of 
Community producers fell by a similar amount. Moreover, Brazilian 
prices fell by 33.2% over the same period and caused the prices 
-charged by the.Community producers to steadiJy decline, affecting 
production, production capacity, sales, market share, financial 
results and employment. 
Community Interest 
With regard to Community interest, it was felt-that continued 
damage to the industry would result in substantial reduction in 
the capacity of Community producers, with a consequent impact on 
competition and employment. As far as the importers were 
concerned, it was stressed that the measures imposed were not 
likely to exclude the Brazilian exporters from the Community 
market. It was considered that the measures may affect prices to 
consumers of the product but the maintenance of a Community 
presence in this sector was considered necessary to maintain 
effective competition in the longer term. 
Measures 
As the injury caused by the dumped imports exceeded the dumping 
margins, the level of measures were calculated in relation to the 
latter. Provisional anti-dumping duties were imposed at a level 
of 42.1%, with Individual duties of between 18.5% and 40.1% being 
calculated for certain cooperating companies. 
5.2.4 Potassium chloride from Belarus. Russia and the Ukraine 
On 28 Aprir1992, a provisional anti-dumpIng duty was Imposed on 
imports into the Community of potassium chloride (potash) 
originating in the Republics of Belarus, Russia and the Ukraine. 
The investigation had been initiated against the former Soviet 
Union as one entity on 31 October 1990, subsequent to a complaint 
from the European Potash Producers' Association (EPPA). 
- 32 -
Dumping 
A dumping margin of 35% was established for the three countries 
concerned. 
Normal values were based on domestic prices 'in Canada, which was 
considered an appropriate analogue country. 
As the export sales under consideration were made via related 
importers, the export prices were establIshed on the basis of 
prices charged by these related firms when sold to the 
independent buyers, adjusted to a c.i.f. Community frontier level 
by deducting the costs of the importers and an amount for profit. 
Exports made via unofficial sources were disregarded because of 
lack of cooperation. 
In order to make a fair comparison between the normal values and 
export prices, a Ilowance was made for all factors affecting price 
comparabiIity. 
Injury 
With regard to injury, it was found that the imports had 
increased their market share from 5% to almost 11% from 1986 to 
1990 against a background of stable consumption. The Community 
industry was forced to cut its prices which were, however, still 
undercut by the imported product. The Community industry also 
incurred heavy financial losses, and employment declined by 14% 
or 2.400 jobs, between 1986 and 1990. The Community found that 
the increasing losses suffered by the Community industry 
coincided with the rise in imports of cheap potash from these 
countries. 
Community interest 
With regard to Community interest, it was considered that 
'measures"were**necessary-»tO"preserve a ~Commun+*y~presence in this 
sector and to avoid the costs of exit in this industry. 
- 33 -
Hn any event, it was^-feIt that the form of *he measure, a minimum 
price, would permit the countries to remain on the Community 
market. 
Measures 
The I ever of injury found exceeded the dumping margin and, 
therefore, the measures were calculated in relation to the 
latter. The provisional duty Imposed took the form of a variable 
duty based on a minimum price, which was set at ECU 62/tonne for 
the standard grade and ECU 67/tonne for the granulated grade of 
potash with a potassium content of 40% or less, whilst for potash 
with a potassium content exceeding 40% but less than 62%, the 
minimum price was set at ECU 92/tonne for the standard grade and 
ECU 103/tonne for the granulated grade. 
5*2.5 Electrolytic capacitors from Japan 
On 4 June 1992, provisional antI-dumpIng duties were imposed on 
imports into the Community of large aluminium electrolytic 
capacitors originating in Japan. The investigation had been 
initiated on 11 April 1991, subsequent to a complaint lodged by 
the Federation for Appropriate Remedial Anti-Dumping (FARAD). 
Pumping 
Dumping margins of between 14.1% to 43.1% were established for 
the four exporters which cooperated in the investigation. For the 
non-cooperators, the margin was established in relation to 
available evidence at a rate of 75%, a level considered both 
representative and appropriate given the extent-of non-
cooperation. 
Due to the low level of sales made on the Japanese market, normal 
values were established on the basis of actual manufacturing 
costs, plus an amount for selling, general and administrative 
costs and for profit. 
Export prices were based on actual prices to independent 
importers or, in cases where sales were made via related 
- 34 -
importers, on the basis of prices charged .by the related firms 
when sold to independent buyers, adjusted to a c.i.f. Community 
frontier level by deducting the costs of the importer and an 
amount for profit. 
In order to ensure a fair comparison between the normal values 
and export prices, allowance was made for alI factors affecting 
price comparability. Certain claims which were not wholly related 
to direct selling activities were disallowed. 
njury 
With regard to injury, it was found that Japanese imports 
increased their market share from 27.70% in 1988 to 38.5% in 
1990, whilst the share of Community producers fell from 52.9% to 
39.9% during the same period. The prices of the dumped imports 
were substantially lower than those of the Community producers, 
showing price undercutting margins of between 33.7% and 62.7%. 
In this respect, the Commission noted that the Japanese exporters 
had consistently sold below their cost of production in the 
Community market whilst enjoying high profits on their domestic 
market. The injury to the Community industry was mainly in the 
form of loss of profitability and market share. 
Community interest 
With regard to Community interest, it was considered that 
measures could affect prices in the short term but that such 
effects would have little or no impact on consumers of the 
finished products. Moreover, this product was considered 
strategic in terms of its high-technology aspects and a Community 
presence in this sector was deemed important. 
Measures 
It was established that the injury in all cases exceeded the 
dumping-margins-and,—there fore, the level-of-^dut les-was 
calculated in relation to the latter. The Commission consequently 
imposed a provisional anti-dumping duty of 75%, with individual 
rates varying between 14.1% and 43.1%. 
- 35 -
5.2;6 -Ferro-siI Icon from Poland and Egypt 
On 3 July 1992, provisional anti-dumping duties were imposed on 
imports into the Community of ferro-siI icon originating in Poland 
and Egypt. These investigations had been initiated in May 1991 
following a complaint lodged by the Liaison Committee of Ferro­
alloy Industries. 
Dumping 
The dumping margins established for Egypt and Poland were 61.5% 
and 43.9% respectively. 
Due to the fact that domestic sales in Egypt were negligible, 
normal value was based on constructed value i.e. the costs of 
manufacture plus an amount for selling, general and 
administrative costs and for profit. For Poland, normal values 
were established on the basis of constructed value in Norway, 
which was considered an appropriate analogue country. 
Export prices were based on the actual prices charged to 
independent importers in the Community. 
In order to ensure a fair comparison between normal value and 
export prices, allowance was made for factors affecting price 
comparabiIity. 
inlurv 
With regard to injury, the combined market shares of imports from 
these two countries were found to have increased from 1.4% in 
1989 to 7.2% in 1991, while the share of Community producers felI 
from 36% to 26% during the same period. Moreover, the prices of 
these imports undercut the already depressed prices of the 
Community producers by up to 12%. Indeed, Community producers 
were forced to sell their product in the Community at prices 
-which in most cases did -not -cover t he i r production cost s, 
entailing substantial financial losses. 
- 36 -
Community interest 
The investigation concluded that it was in the Community's 
...interest to restore fair competition, as the Community could not 
be left to depend wholly on non-Community suppliers of ferro-
si I icon. In any event, the impact of increased ferro-siI icon 
prices would have a very Iimited effect In the steel-making 
sector. 
Measures 
For both countries, the level of injury was less than the dumping 
found and, therefore, measures were calculated in relation to the 
former. A provisional ant I-dumping duty of 32% was imposed on 
imports of ferro-siI icon from Poland and Egypt. 
The sole cooperating Egyptian producer offered an undertaking, 
which was accepted by the Commission, and was therefore exempted 
from the duty. 
5.2.7 Synthetic fibres of polyester from India and the Republic of 
Korea 
On 16 July 1992, provisional anti-dumping duties were imposed on 
imports into the Community of synthetic fibres of polyester 
originating in India and the Republic of Korea. The 
investigations were opened on 21 November 1990, subsequent to a 
complaint lodged by the International Rayon and Synthetic Fibres 
Committee (CIRFS). 
Dump I no 
With regard to dumping, margins were found for India up to a 
level of 15.9% while, for S.Korea, no dumping was found for one 
producer and rates ranging from 1.68% and 9.02% were established 
for the remainder. 
Normal values were established of the basis of domestic prices 
or, where sales were made in insufficient quantities, on the 
basis of constructed value, i.e. the actual costs of manufacture, 
37 -
**plus*an amount for selling, general and .administrâtive costs and 
for profit. 
Export, prices were based on the actual prices.charged to 
independent importers in the Community. 
In order to ensure a fair comparison between normal value and 
export prices, allowance was made for all factors affecting price 
comparability, including differences in physical characteristics, 
selling expenses and import charges, though several claims for 
the latter were rejected on grounds of insufficient evidence. 
injury 
With regard to injury, the combined market share of these imports 
increased from 1.1% in 1988 to 6.2% in 1991, whilst their prices 
undercut those charged by the Community producers by between 10% 
and 29%. Though consumption, Community production and market 
share remained relatively stable, the investigation found that 
there was a negative return on sales of the Community industry 
from 1988 onwards, in 1990, none of the Community producers 
reached reasonable profitability, and several of them incurred 
severe losses. Over the same period, the Community industry cut 
its workforce by 5%, cut its investments and closed two plants. 
It was found, furthermore, that the rapid penetration of the 
Indian and Korean imports was obtained at the expense of imports 
already subject to anti-dumping measures, and had the effect of 
impeding the improvement of the Community industry. 
Community Interest 
As far as Community interest was concerned, though the Commission 
recognized that the imposition of duties could affect the 
relative competitiveness of the exporters, it also held that the 
removal of unfair advantages gained by dumping was designed to 
prevent the decline of the Community industry and to maintain the 
availability of choice. 
- 38 -
Measures 
Duty levels were established at the lower of the dumping margin 
•or-the injury level. Provisional anti-dumping-duties were, 
therefore, imposed at a level of 15.9% for synthetic fibres of 
polyester originating in India, with individual rates of between 
•1.6% and 15.9%, for the RepublIc of Korea.-One-company was 
exempted from the duty. 
5.2.8 Outer rings of tapered roller bearings from Japan 
On 18 July 1992, provisional anti-dumping duties were imposed on 
imports into the Community of outer rings of tapered roller 
bearings, commonly called "cups", originating in Japan. The 
investigation, initiated on 4 January 1991, followed a complaint 
by the Federation of European Bearing Manufacturers' Associations 
(FEBMA). 
Dumping 
Dumping margins of 61% and 12.6% were established for the two 
Japanese exporters. 
Normal values were established on the basis of domestic sales 
prices, except where domestic sales were considered to be 
unrepresentative or made at a loss. In the latter cases, normal 
value was constructed, on the basis of the actual costs of 
manufacture plus an amount for selling, general and 
administrative costs and for profit. Normal values were only 
calculated in relation to one category of customers on the 
domestic market as it was deemed that this category was similar 
to export customers. 
As export sales were predominantly to related customers in the 
Community, export prices were based on the prices of these 
related firms to independent customers, adjusted by deducting the 
costs of the importer and an amount for profit. 
In order to ensure a fair comparison between the normal values 
- 39 -
and export prices, allowance was made for all factors affecting 
price comparability, including directly related selling expenses. 
Injury 
With regard to injury, estimated dumped imports of cups from 
Japan rose by 11.2%-in -1988 to 14.3% in 1990-against a background 
of falling consumption, whilst the share of Community producers 
dropped by a similar amount. These imports were found to have 
undercut the prices of Community-produced cups by between 6.1% 
and 9.4%, causing a decline in the sales and the return on sales 
of the Community producers. These trends were particularly 
apparent when compared to the overall results on other products 
produced by the same companies. 
Community interest 
In considering the question of Community interest, the Commission 
took account of the interests of the Community bearing industry, 
the users of bearings and the fact that the measures proposed 
would have limited impact on the final consumer of the end 
-product, and concluded that the interest of the Community clearly 
lay in granting protection to its bearing industry against unfair 
imports. 
Measures 
The injury caused to the Community industry exceeded the level 
of dumping found and therefore measures were calculated in 
-relation to the latter. The Commission, consequently, imposed a 
provisional ant I-dumpIng duty on imports of outer-rings of 
tapered roller bearings originating in Japan at a level of 12.4%, 
with a rate of 6% for one company. 
5.2.9 DRAMs from the Republic of Korea 
'^-provisional anti-dumping duty was imposed on-17 September 1992 
on imports of dynamic random access memories (DRAMs) originating 
in the Republic of Korea. The investigation, opened in March 
1991, followed a complaint by the European Electronic Component 
- 40 -
•Manufacturers' Association (EECA). 
Dump 1ng 
Dumping margins of 18.1%, 57.3% and 122.4% were established for 
the three known Korean exporters. 
The Commission elected to establish normal value on a quarterly 
basis in view of the fact that DRAM production is characterized 
by substantiaI cost reductions over time due to the learning 
curve effect. Sales of certain types of DRAMs on the Korean 
domestic market were considered not to be representative, whilst 
more than 90% of sales of other types were made at a loss. 
Normal value was thus constructed on the basis of actual costs of 
manufacture, plus an amount for selling, general and 
administrative costs and for profit. 
Export prices were established on the basis of actual prices to 
independent importers in the Community or, where sales were made 
via related parties, on the basis of the actual prices charged by 
the related importers to independent buyers, adjusted by 
deducting the costs of the importers and an amount for profit. 
In order .to ensure a fair comparison between the normal values -
and export prices, allowances were made for all factors affecting 
price comparability, including transport, insurance, handling, 
loading etc. 
Injury 
With regard to injury, the market share of-Korean-DRAMs had risen 
from 6% in 1986 to 20% in 1990. The investigation revealed 
substantial price undercutting of up to 20.7%, and that, 
furthermore, a considerable proportion of sales of Korean DRAMs 
on the Community market were made below the cost of production. 
This caused a level of price depression far greater than could be 
expected from-normal-economies of scale and -the-Community 
industry was, therefore, unable to fully achieve the unit-cost 
improvement associated with high volume production in this 
industry. 
- 41 -
Community Industry 
With regard to Community interest, it was considered that the 
maintenance of a strong and viable Community DRAM industry was 
-important for strategic reasons. Moreover, that aim required 
conditions of fair competition in the Community market, 
conditions which^were achieved for some time-following the -
imposition of measures against Japan at the beginning of 1990 but 
which were now being eroded by injurious dumping from S.Korea. It 
was, therefore, in the Community interest to impose 
countermeasures against the imports. Nevertheless, account was 
taken of the fact that the information processing equipment 
industry operated in a worldwide competitive enviroment, when 
assessing the form and nature of antI-dumping to be imposed. 
Measures 
The injury found was less than the margins of dumping and, 
therefore, the level of measures was calculated in relation to 
the former at a rate of 10.1%. 
5.2.10 Magnesium oxide (caustic maoneslte) from the P.R. China 
Provisional ant I-dumping dut les were imposed on 26 September, 1992 
on imports into the Community of caustic magnesite originating in 
the People's Republic of China. The investigation was initiated 
on 26 October 1991, following a complaint lodged by Eurométaux, 
representing all the Community producers of caustic magnesite, 
which are located in Spain and Greece. 
Dump Ing 
The dumping margin established for these imports from China was 
ECU 34 per tonne. 
The normal values were established on the basis of constructed 
*vaiue Hn^urtcey?*wtrl'Ch*,was"'Cons Idered anr*appr>epFiate -<ana Iogue 
country. The constructed value was based on costs of production, 
suitably adjusted for quality differences in comparison with the 
- 42 -
Chinese product, plus an amount for selling, general and 
administrative costs and for profit. 
Export prices were established on the basis of prices to 
independent importers in the Community. 
In order to ensure a fair comparison between-*the^normal value and 
export prices, allowance was made for factors affecting price 
comparabiIity, including differences in physical characteristics, 
transport, insurance, etc. 
Injury 
With regard to injury, it was found that the Chinese imports had 
increased their market share of the Community market from 21% in 
1988 to 32% in 1991 and their prices had undercut those of the 
Community producers by almost 38%. 
The Community producers suffered price depression, loss of sales, 
market share and employment, whilst incurring financial losses or 
substantially reduced returns on sales. 
Community Interest 
The Commission felt that it would not be in the Community 
interest to abandon a structurally sound industry at a time when, 
faced by unfair competition, it was sustaining serious injury 
which was Jeopardizing its viability. With the possible exception 
of the pulp and paper industry, the Commission also found that 
caustic magnesite only formed a small part of the overall cost 
for end-users. 
Measures 
Since the level of injury found exceeded the level of dumping, 
measures were imposed in relation to the latter. In these 
»circumstancesf*a*provrsfonal ant i-dumping-duty-of -34 -ECU/tonne 
was imposed. 
- 43 
5:2.11 -Deadburned maonesite from the P.R. China -^-> 
Provisional ant I-dumping duties were imposed on 26 September 1992 
on imports into the-Community of deadburned-magnesite -originating 
in the People's Republic of China. The proceeding was opened in 
October 1991 as a result of a complaint lodged by Eurométaux. 
Dump I no 
The dumping margin provisionally established for these imports 
from China was ECU 69 per tonne. 
Normal value was established on the basis of constructed value in 
Turkey, which was considered an appropriate analogue country. 
Constructed value was calculated in relation to costs of 
production, plus an amount for sel Iing, general and 
administrative costs and for profit. 
Export prices were established on the basis of export prices to 
independent importers in the Community. 
In order to ensure a fair comparison between the normal values 
and export prices, allowance was made for factors affecting price 
comparabiIity, including differences in physical.characteristics, 
transport, insurance etc. 
Inlury 
With regard to injury, It was found that Chinese imports had 
increased their market share of the Community market from 31% in 
1988 to 41% in 1991, while their prices had.undercut those of the 
Community producers by 64%. 
The Community producers suffered price depression, loss of sales, 
market share (from 37% in 1988 to 23% in 1991), and employment, 
with two companies having completely ceased activity. The 
remaining producers suffered financial Iosses or substantially 
reduced returns on sales. 
- 44 -
Community Interest 
The Commission felt that it would not be In the Community 
-interest to abandon a-structuraIly sound Industry at a time when, 
faced by unfair competition, it was sustaining serious injury 
which was jeopardizing its viability. Even though the Commission 
acknowledged that deadburned magnesite formed-a-sign if leant part 
of the cost of production of refractories, It felt that the 
Community interest lay in sustaining, over the long term, a 
viable Community magnesite Industry. 
Measures 
Since the injury found exceeded the dumping level, measures were 
calculated In relation to the latter. A provisional anti-dumping 
duty of 69 ECU/tonne was therefore imposed on imports of 
deadburned magnesite from China. 
5.2.12 Seamless steel and Iron tubes from Czechoslovakia. Hungary. 
Poland and Croatia 
On 14 November 1992, provisional antI-dumping duties were imposed 
on imports into the Community of seamless steel and iron tubes 
originating In Czechoslovakia, Hungary, Poland and Croatia. The 
investigation had been initiated on 12 December 1991 with regard 
to Czechoslovakia, Hungary, Poland and Yugoslavia. However, in 
view of the political changes which had taken place in the latter 
country, and the investigation having established Croatian origin 
for the tubes In question, the proceeding was terminated on 14 
November 1992 with regard to the Republics of Serbia and 
Montenegro, the former Yugoslav RepubMc or Macedonia, the 
Republic of Bosnia-Herzegovina and the Republic of Slovenia. 
At the date of Initiation and throughout the entire investigation 
period, Poland, Hungary and Czechoslovakia were still considered 
to have been state-trading countries. 
Normal yame 
Dumping margins were established at a level of 25.5% for Croatia, 
- 45 -
21.8% for Hungary, 11.7% for Poland and 49.6% for Czechoslovakia. 
Normal value was established on the basis of domestic prices in 
Croatia for all countries concerned, as this was considered an 
appropriate analogue country for Czechoslovakia, Hungary and 
PoI and. 
Export prices were established on the basis of sales to 
Independent importers in the Community. 
In order to ensure a fair comparison between the normal values 
and export prices, allowance was made for factors affecting price 
comparability, including transport, insurance, commissions etc. 
nlury 
With regard to injury, it was'found that the cumulated market 
share of the exporting countries concerned rose from 7.8% in 1988 
to 13.7% in 1991, with the prices of the imports undercutting 
those of the Community producers by between 10.8% and 30.4%. The 
Community producers' capacity and capacity utilization, sales, 
and market share had all declined, and they were unable to raise 
their prices in order to reflect the rise in production costs. 
In some cases, they even had to lower their prices to levels 
which did not cover costs. This had a consequent and substantial 
impact on their profit and loss situation. 
Community interest 
In examining Community interest, the Commission noted the 
importance of this basic industry, with both upward and downward 
ramifications in other steel sectors. The Commission also 
considered that the effects of the necessary price increases 
would not be significant and felt that Community processors could 
not expect to benefit from unfair competition which forces 
Community producers to sell at a loss. 
- 46 
Measures 
Provisional anti-dumping duties were imposed at the level of 
-injury found. This gave rates of 21.7% for, Hungary, 10,8% for 
Poland and 30.4% for Czechoslovakia. In view of the dramatic 
situation in Croatia, in particular the fact that the production 
units were situated in the combat zone and that product ion and 
export activities were severely hampered, the Commission decided 
not to apply duties, at that time, against Croatia. 
- 47 -
6. DEFINITIVE MEASURES 
6.1 OVERVIEW 
Definitive measures may be taken where the facts as finally 
established during the investigat ion show-that there is dumping or 
subsidization, that injury is caused thereby, and that the interests 
of the Community cal I for intervention. Definitive anti-dumping or 
countervaiIing duties are imposed by the Council.acting by qualified 
majority, on a proposal submitted by the Commission after 
consultation of Member States. 
During the course of 1992, 17 definitive duties were imposed as a 
result of anti-dumping investigations. This figure is In line with 
the number of definitive duties imposed over the four previous years. 
The measures imposed-reflect a wide diversity of product sectors and 
origins. Details of the definitive duties imposed in 1992 are given 
in Annex C, and the following section of this report gives a summary 
of each case where definitive duties were imposed during 1992. 
6.2 CASES 
6.2.1 Thermal paper from Japan 
On 26 March 1992, the Council imosed a definitive anti-dumping 
duty on imports of thermal paper from Japan. On the same date, 
the Commission accepted an undertaking from one of the Japanese 
exporters involved in the proceeding. The investigation was 
initiated on 24 January 1991 and a provisional duty was imposed 
on 26 September 1991. 
One Community producer, 4 Community importers and 8 Japanese 
exporters cooperated in the investigation. 
Dumping 
The definitive dumping margins established ranged from 10.3% to 
24.8%. No dumping was found for one Japanese exporter. For those 
exporters which did not cooperate in the investigation it was 
- 48 -
decided that the information contained in the complaint was the 
most reasonable basis for establishing the dumping margin and, 
accordingly, it was fixed at 53.3%. 
The normal values were established on the basis of domestic 
prices in Japan or, where there were insufficient sales or the 
sales were below the costs of product Ion, on the basis of 
constructed value, i.e. the actual costs of manufacture, plus an 
amount for sel Iing, general and administrative costs and for 
profit. 
In order to ensure a fair comparison between the normal values 
and the export prices, allowance was made for factors affecting 
price comparability, i.e. those expenses which were shown to bear 
a direct relationship to the sales under consideration. 
injury 
With regard to injury, it was found that these imports had 
increased their share of the Community market from 31% in 1987 to 
68% in 1990, whilst undercutting the prices of the Community 
producers by up to 22.8%. The injury to the complainant was 
reflected in a loss of market share, price undercutting and price 
depression and losses. 
Community interest 
With regard to Community interest, it was considered that the 
need to maintain a viable Community industry in a high-tech 
sector outweighed the limited effect of price increases on the 
total operational costs incurred by companies and pub Iic bodies, 
which form the major end users for fax paper. 
Measures 
It was established that the injury caused by the dumped imports, 
•in-al I-cases,-exceeded *t he level of dump ing-and therefore the 
measures were calculated in relation to the latter. Definitive 
duties ranging from ECU 211.55 per tonne to ECU 1275.15 were 
imposed. 
- 49 -
A price undertaking was accepted from one of the Japanese 
exporters at a level which eliminated the dumping found. 
6-2.2 Cotton yarns from Brazil and Turkey 
On 23 March 1992, the Council imposed definitive anti-dumping 
duties on imports of cotton yarn from BraziI-and Turkey. No 
duties were applied against Egypt because the levels of dumping 
were de minimis. The investigation was initiated on 22 March 1990 
and a provisional-anti-dumpIng duty was imposed on 27 September 
1991, at which time the cases against India and Thailand were 
closed on grounds of negligible imports. 
Given the large number of parties concerned the Commission 
restricted its investigation to 35 Community producers, and 18 
exporters. 
Dumping 
Dumping margins were established in three ways: 
the exporters whose information was verified received 
individual dumping margins; 
the exporters which cooperated but whose information was not 
verified received the average of the individual margins 
established above; 
for those exporters which did not cooperate, the dumping 
margin was established on the basis of the best information 
aval I able. 
On this basis, margins of between 7% to 16.6% were found for 
Brazil, between 0.1% to 0.4% for Egypt and between 4.9% to 12.1% 
for Turkey. 
The'normal values wereestablished on the basis-of domestic 
prices In the countries concerned or, where there were 
Insufficient sales or the sales were below the costs of 
- 50 -
production, on the basis of constructed value, 1.e. the actual 
costs of manufacture, plus an amount for selling, general and 
administrative costs and for profit. 
The export prices were established on the basis of export prices 
to independent importers in the Community. 
In order to ensure a fair comparI son between the normal values 
and the export prices, allowance was made for factors affecting 
price comparabiIIty, i.e. those expenses which were shown to bear 
a direct relationship to the sales under consideration. 
Injury 
With regard to injury, it was found that the market share of 
these imports had remained at around 9% between 1986 to 1989 but 
they had undercut the prices of Community producers by between 
3% to 24%. The injury to the Community industry was found mainly 
to be in the form of price depression, losses, plant closures and 
redundancies. 
Community interest 
With regard to Community interest, it was considered that 
measures were necessary to keep the spinning industry, which had 
made considerable investments in technology, viable and 
competitive and this outweighed the fact that measures may have 
some limited impact on prices. 
Measures 
As the injury found exceeded the dumping margins, the level of 
measures was based on the latter. Therefore, definitive duties 
ranging from 7% to 16.6% were imposed for Brazil and from 4.9% to 
12.1% in the case of Turkey. 
- 51 -
6.2.3" ^Polyester-yarns fromTalwan. Indonesia. India: the People's 
Republic of China and Turkey 
. On 30 March 1992/ the CounciI imposed definitive anti-dumping 
duties on imports of certain polyester yarn from China, India, 
Indonesia, Taiwan and Turkey. The investigation was initiated on 
30 March 1990 and a provisional duty was imposed on 3 October 
1991, when the case against S.Korea was closed without measures 
on the grounds of negligible imports. 
The Commission carried out verification visits to 23 Community 
producers, 5 Community importers and 14 exporters. 
Dumping 
Dumping margins were established in three ways: 
- the exporters whose information was verified received 
individual dumping margins; 
- the exporters which cooperated but whose information was not 
verified received the average of the individual margins, 
established above; 
for those exporters which did not cooperate, the dumping 
margin was established on the basis of the best information 
aval lab le. 
On this basis, margins of between 0.2% to 23.5% were found for 
China, between 2.0% to 7.8% for India, between 0.2% to 11.9% for 
Indonesia, between 2.2% and 14.3% for Taiwan and between 2.6% and 
10.1% for Turkey. 
The normal values were established on the basis of domestic 
prices in Japan or, where there were insufficient sales or the 
sales were below the costs of production, on the basis of 
constructed value, i.e. the actual costs of manufacture, plus an 
amount for selling, general and administrative costs and for 
profit. 
- 52 -
The export prices were estab11 shed on the basis of export prices 
to independent importers in the Community or, where sales were 
made via related importers, on the basis of the prices charged by 
these-related fIrms when sold to independent.buyers, adjusted by 
deducting the costs of the importer and an amount for profit. 
In order to ensure a fair comparison between-the normal values 
and the export prices, allowance was made for factors affecting 
price comparability i.e. those expenses which were shown to bear 
a direct relationship-to the sales under considérât ion. 
Inlurv 
With regard to injury, it was found that the market share of the 
dumped imports increased from 3.7% in 1986 to 8.3% during the 
period of investigation while the prices of these imports 
undercut those of Community producers by margins which, Jn some . 
instances, exceeded 50%. This price undercutting depressed market 
prices and resulted in losses for practically all Community 
producers. 
Community Interest 
With regard to Community interest, it was considered that 
measures were necessary to keep the spinning industry, which had 
made considerable investments in technology, viable and 
competitive and this outweighed the fact that measures may have 
some limited impact on the processing industry. 
Measures 
As the injury found exceeded the dumping margins, the level of 
measures was based on the latter. Therefore, definitive duties 
were imposed at rates of 23.5% for China, between 2% and 7.8% for 
India, 11.9% for Indonesia, between 2.2% and 14.3% for Taiwan and 
between 2.6% and 10.1% for Turkey. 
- 53 -
6.2.4 *.v Semi-finished products;of alloy steel from-Turkey-and Brazil 
On 2 July 1992, the Commission imposed definitive anti-dumping 
duties on these*ECSC products from BraziI-and-Turkey. These 
investigations were initiated on 14 June 1990 and provisional 
anti-dumping duties were imposed on 9 April 1992. 
Dumping 
A dumping margin of 33.7% was established for the sole Turkish 
producer and at rates ranging from 1.7% to 15% for the Brazilian 
exporter. 
Domestic sales prices in Turkey were chosen for the determination 
of normal value, calculated on a monthly basis in order to 
eliminate the effects of the 70% per annum inflation rate 
prevailing in Turkey during the investigation period. In the 
case of all four Brazilian producers, normal value had to be 
constructed because substantial sales had been made at a loss, or 
because of a lack of representative sales on the domestic market. 
These normal values were constructed on the basis of actual 
manufacturing costs plus an amount for selling, general and 
administrative costs and for profit. 
Export prices were based on actual prices to independent 
importers in the country. 
In order to make a fair comparison between the normal values and 
export prices, allowance was made for all factors affecting price 
comparability, i.e. conditions of sale, import charges, indirect 
taxes, etc. 
nlury 
With regard to injury, the investigation showed that the combined 
market share of imports from the two countries^cited increased 
from 1.3% in 1985 to 8.7% during the investigation period. 
Moreover, import prices were found to have undercut those charged 
- 54 -
by the Community producers by up to 26%.-Community producers also 
suffered a loss of market share from 84% to 71% during the same 
period. Because of this pressure on prices, Community producers 
-had difficulty in generating satisfactory«returns, sometimes 
insufficient even to cover the rises in wage and raw material 
costs. 
With regard to causation, it was estabiished that the injury to 
the Community industry coincided with the rapid increase of the 
dumped imports. With respect to other factors which may have 
caused injury, it was found that, within the restructuring 
process taking place in the Industry, a certain shift of share 
between Community producers had taken place but this was 
considered to have had less effect than the dumped imports. 
Community Interest 
With regard to Community interest, it was found that it was 
clearly In the interest of the Community that the production of 
these highly-specialized alloy steels, with their widespread 
ramifications in other essential sectors of the manufacturing 
industry, should continue under healthy conditions. It was also 
considered necessary to have security of supplies for these basic 
products to preserve the industry's cost structure for the more 
specialized grades. 
Measures 
The Commission imposed duties at the level of the lower of the 
price undercutting margin or the dumping margin in order to 
eliminate price undercutting where possible. These provisional 
duties were 16% for Turkey and ranged from 1.75 to 15% in the 
case of Brazil. An undertaking was accepted from one Turkish 
producer at a level such as to eliminate the injury caused. 
6.2.5 Silicon metal from Brazil 
On 4 August 1992, the Council imposed a definitive anti-dumping 
duty of 36.8% on imports of silicon metal from Brazil. The 
investigation had been initiated on 27 November 1990 and a 
- 55 -
-provisional anti-dumping duty was imposed on 10 April 1992. 
Dumping 
Dumping margins ranging from 18.3% to 67% were established for 
the Brazilian exporters. 
Normal values were estabiished on the basis of actual prices in 
Brazil or, where those were made at a loss, on the basis of 
constructed value which was calculated by reference to actual 
manufacturing costs, plus an amount for selling, general and 
administrative costs and for profit. 
Export prices were based on actual prices to independent 
importers in the Community, or in cases where sales were made via 
related importers, on the basis of prices charged by the related 
firms when sold to independent buyers, adjusted to a c.i.f. 
Community frontier level by deducting the costs of the importers 
and an amount for profit. 
Inlurv 
The share of the Community market captured by Brazilian imports 
leapt from 3% in 1986 to 15% in 1990, whilst the market share of 
Community producers fell by a similar amount. Moreover, Brazilian 
prices fell by 33.2% over the same period and caused the prices 
charged by the Community producers to steadily decline, affecting 
production, production capacity, sales, market share, financial 
results and employment. 
Community Interest 
With regard to Community interest, it was felt that continued 
damage to the industry would result in substantial reduction in 
the capacity of Community producers, with a consequent impact on 
competition and employment. As far as the importers were 
concerned, it was stressed that the measures imposed were not 
likely to exclude the Brazilian exporters from the Community 
market. It was considered that the measures may affect prices to 
56 -
consumers of the product, but the maintenance-of a Community 
presence in this sector was considered necessary to maintain 
effective competition in the longer term. 
Measures 
The level of measures equated to the lower of the injury level or 
the dumping margin. Definitive anti-dumping duties were, 
therefore, imposed at a level of 36.8%, with individual duties of 
between 18.3% and 34.6%-beIng calculated for certain coopérâting-
companies. 
6.2.6 Car radios from the Republic of Korea 
On 4 August 1992, definitive anti-dumping duties were imposed on 
imports of car radios from the Republic of Korea. The 
investigation was- inltiated on 8 May 1990 and provisional anti­
dumping duties were imposed on 11 February 1992. 
Dumping 
Dumping margins of between 0.6% and 29.3 were established for the 
nineteen Korean exporters which cooperated in the investigation. 
For non-cooperators, the dumping margin was based on available 
evidence at 34.4%, a level considered both appropriate and 
representative given the extent of non-cooperation. 
Normal values were constructed on the basis of actual 
manufacturing costs in S. Korea, plus an amount for selling, 
general and administrâtive costs and for profit; these were 
adjusted to take account of differences in categories of 
customers between domestic and export sales. 
Export prices were based on actual prices to independent 
importers or, in cases where sales were made via related 
importers, on the basis of prices charged by these related firms 
when sold to Independent buyers, adjusted to c.i.f. Community 
frontier level by deducting the costs of the importer and an 
amount for profit. 
- 57 -
In order to make a fair comparison between normal values and 
export prices, allowance were made for all factors affecting 
price comparability, conditions of sale, transport, warranties, 
etc. With regard to credit terms, allowance was restricted to the 
length of the credit period agreed at the time of sale as that 
was the period that was used in determining the price charged. 
injury 
With regard to injury, -the Commission found-that-the market share 
of the Community industry had decreased from 36.7% in 1985 to 
22.2% during the reference period. This was despite the fact that 
consumption of car radios on the Community market increased by 
roughly 60% during that time. Prices had fallen by 20% or more, 
a reduction which could not be explained solely by normal 
competitive conditions, such as increased production volumes and 
improved manufacturing techniques. This price erosion, 
accompanied by a serious deterioration of profits, resulted from 
the massive dumped imports of Korean car radios sold at low 
prices in the Community. 
With regard to other factors alleged to have caused injury, the 
Korean exporters failed to produce any evidence to support their 
allegations of dumping as regards imports originating in the 
other third countries. It was, furthermore, not apparent that the 
said imports could have had an impact on the Community industry 
comparable to that of the imports from Korea. 
Community Interest 
With regard to Community interest, it was considered that the 
imposition of duties could affect prices in the short term but 
that the impact should be limited in view of the large number of 
other suppliers on the Community market. Furthermore, it was 
clear that unless measures were taken, the situation of the 
Community industry would inevitably deteriorate. It was, 
moreover, in the interests both of the Community industry and 
consumers that fair competition be restored to the Community 
market. 
- 58 -
Measures 
As the level of injury caused by the dumping was, in all cases, 
^greater than the dumping margins found, the duty was aligned on 
the latter. Therefore, a definitive duty of 34.4% was imposed 
with individual rates ranging from 3.4% to 29.3%. 
6.2.7 Potassium chloride from Belarus. Russia and the Ukraine 
On 24 October 1992, the Council imposed a définitive anti-dumping 
duty on imports of potassium chloride. The investigation was 
initiated on 31 October 1990, and on 28 April 1992, a provisional 
anti-dumping duty was imposed on the Republics of Belarus, Russia 
and the Ukraine. 
Dumping 
A dumping margin of 35% was estabiished for the three countries 
concerned. 
Normal values were based on domestic prices in Canada, which was 
considered an appropriate analogue country. 
As the export sales under consideration were made via related 
importers, the export prices were established on the basis of 
prices charged by these related firms when sold to the 
independent buyers, adjusted to a c.i.f. Community frontier level 
by deducting the costs of the importers and an amount for profit. 
Exports made via unofficial sources were disregarded because of 
lack of cooperation. 
In order to make a fair comparison between the normal values and 
export prices, allowance was made for all factors affecting price 
comparabiIity. 
- 59 -
Injury 
With regard to injury, it was found that the Soviet imports had 
increased their-market share from 5% to almost 41% from 1986 to 
1990 against a background of stable consumption. The Community 
industry was forced to cut its prices which were, however, still 
undercut by the Soviet product. The Community industry also 
incurred heavy financial losses, and employment dec Iined by 14% 
or 2.400 Jobs, between 1986 and 1990. The Community found that 
the increasing losses suffered by the Community industry 
coincided with the rise in imports of cheap potash from these 
countr ies. 
Community interest 
With regard to Community interest, it was considered that 
measures were necessary to preserve a Commun ity presence i n th i s > 
sector and to avoid the costs of exit in this industry. In any 
event, it was felt that the form of the measure, a minimum price, 
would permit the countries to remain in the Community market. 
Duty level 
The level of injury found exceeded the dumping margin and, 
therefore, the measures were calculated in relation to the 
latter. The definitive duty imposed took the form of a variable 
duty based on a minimum price which, depending on grade and K20 
content, varied from ECU 57.95 to ECU 133.87 per tonne. 
6.2.8 Electrolytic capacitors from Japan 
On 3 December 1992, the Council imposed a definitive anti-dumping 
duty on imports of electrolytic capacitors from Japan. The 
investigation was initiated on 11 April 1991 and provisional 
anti-dumping duties were imposed on 4 June 1992. 
- 60 -
Dumping 
Dumping margins of between 11.6% to 35.8% were established for 
the • exporters which cooperated in the-investigation. For the 
non-cooperators, the margin was established in relation to 
available evidence at a rate of 75%, a level considered both 
representative and appropriate given the-extent of non-
cooperation. 
Due to the low level of sales made on the Japanese market, normal 
values were estabiished on the basis of actual manufacturing 
costs, plus an amount for selling, general and administrative 
costs and for profit. 
Export prices were based on actual prices to independent 
importers or, in cases where sales were made via related 
importers, on the basis of prices charged by the related firms 
when sold to independent buyers, adjusted to a c.i.f. Community 
frontier level by deducting the costs of the importer and an 
amount for profit. 
In order to ensure a fair comparison between the normal values 
and export prices, allowance was made for all factors affecting 
price comparability. Certain claims which were not wholly related 
to direct selling activities were disallowed. 
Injury 
With regard to injury, it was found that Japanese imports 
increased their market share from 27.70% in 1988 to 38.5% in 
1990, wh11st the share of Community producers fell.from 52.9% to 
39.9% during the same period. The prices of the dumped imports 
were substantially lower than those of the Community producers, 
showing price undercutting margins of between 33.7% and 62.7%. 
In this respect, the Commission noted that the Japanese exporters 
had consistently sold below their cost of production in the 
Community market whilst enjoying high profits on their domestic 
market. The injury to the Community industry was mainly in the 
form of loss of profitability and market share. 
- 61 -
Community Interest 
With regard to Community interest, it was considered that 
measures could affect prices in the short term but that such 
effects would have little or no impact on consumers of the 
finished products. Moreover, this product was considered 
strategic in terms of Its high-technology aspects and a Community 
presence in this sector was deemed important. 
Measures 
It was established that the injury, in all cases, exceeded the 
dumping margins and, therefore, the level of duties was 
calculated In relation to the latter. The Commission consequently 
imposed a provisional anti-dumping duty of 75%, with individual 
rates varying between 11.6% and 35.8%. 
6.2.9 Ferro-siI Icon from Poland and Egypt 
On 18 December 1992, the Council imposed a definitive anti­
dumping duty on imports of ferro-siI icon from Egypt and Poland. 
These investigations were Initiated in May 1991 and provisional 
anti-dumping duties were Imposed on imports Into the Community of 
ferro-siI Icon originating in Poland and Egypt. 
Dumping 
The dumping margins established for Egypt and Poland were 61.5% 
and 43.9% respectively. 
Due to the fact that domestic sales in Egypt-were negligible, 
normal value was based on constructed value i.e. the costs of 
manufacture plus an amount for selling, general and 
administrative costs and for profit. For Poland, normal values 
were established on the basis of constructed value in Norway, 
which was considered an appropriate analogue country. 
- 62 -
Export prices were based on the actual prices charged to 
independent importers in the Community. 
In order to ensure a fair comparison between normal values and 
export prices, allowance was made for all factors affecting price 
comparability. 
njury 
With regard to injury, the combined market shares of imports from 
these two countries were found to have increased from 1.4% in 
1989 to 7.2% in 1991, while the share of Community producers fell 
from 36% to 26% during the same period. Moreover, the prices of 
these imports undercut the already depressed prices of the 
Community producers by up to 12%. Indeed, Community producers 
were forced to sell their product in the Community at prices 
which in most cases did not cover their product ion costs, 
entailing substantial financial losses. 
Community interest 
The investigation concluded that it was in the Community's 
interest to restore fair competition, as the Community could not 
be left to depend wholly on non-Community suppliers of ferro-
si I icon. In any event, the impact of increased ferro-siI icon 
prices would have a very limited effect in the steel-making 
sector. 
Measures 
For both countries, the level of injury was less than the dumping 
found and, therefore, measures were calculated in re I at ion to the 
former. A definitive anti-dumping duty of 32% was, therefore, 
imposed on imports of ferro-siI icon from Poland and Egypt. 
The sole cooperating Egyptian producer offered an undertaking, 
which was accepted by the Commission, and was therefore exempted 
from the duty. 
- 63 -
6.3 Acceptance of price undertakings 
Table 1 also shows that the Commission did not conclude any 
. •. - -investigations solely by the acceptance of-price undertakings in 
1992. However, some cases were concluded both by the acceptance 
of undertakings and the imposition of duties. These cases are 
included in Table 1 under duties imposed, but the invest Igat ions 
in question are identified in Annex C. 
- 64 -
7. ANT 1-DUMPING AND ANT I-SUBSIDY INVESTIGATIONS - TERMINATIONS WITHOUT 
MEASURES 
7.1 OVERVIEW 
Investigations are concluded without measures when no dumping or 
injury is found or for other reasons, such as the withdrawal of the 
complaint. In 1992, 1 investigation was concluded without measures 
due to a finding of no dumping, 4 due to findings of no injury, and 7 
due to the withdrawal of the complaint. The number of closures -
without measures has remained, in relation to the number of 
investigations concluded, relatively steady over the last five years, 
i.e. a ratio of approximately one third. The references for the 
investigations terminated without measures are given in Annexes D, E 
and F. A concise commentary of the investigations concluded without 
the imposition of measures in 1992 is given below. 
7.2 CASES 
7.2.1 Dlhydrostreptomycln from Japan 
The ant I-dumpIng proceeding concerning imports of 
dlhydrostreptomycln (DHS) originating In Japan was terminated 
without measures on 4 February 1992. This proceeding had been 
initiated against Japan and the People's Republic of China in 
July 1990, subsequent to a complaint lodged by the European 
Council of Chemical Manufacturers' Federations (CEFIC). 
At the time of the provisional findings in July 1991, it was 
established that, although Japanese imports were made at dumped 
prices, the level of these imports had decreased by 51% between 
1985 and the investigation period. In addition, the prices of the 
Japanese product were found not to be any lower than the prices 
charged by the Community producer. It was therefore decided that, 
in view of the lack of material injury caused to the Community 
industry by the Japanese imports, provisional measures should not 
be imposed on Japan. 
Subsequent to the imposition of provisional duties on imports of 
DHS originating in China, no reasoned arguments were put forward 
- 65 -
by the Community industry or the Chinese exporter to dispute the 
findings with regard to Japan. The Commission, after consultation 
with the Member States, therefore formally terminated the 
proceeding. 
7.2.2 Audio tapes on reels from Japan. S. Korea and Hong Kong 
The anti-dumping proceeding concerning imports of audio tapes on 
reels originating in Japan, the Republic of Korea and Hong Kong 
was terminated without measures on 4 February 1992. This 
proceeding had been initiated in January 1989 further to a 
complaint lodged by the European Council of Chemical 
Manufacturer's Federation. 
However, it was considered necessary to treat audio tapes on 
reels as a different product from audio tapes in cassettes. As 
far as the latter product Is concerned, definitive anti-dumping 
duties were imposed in May 1991 (see 10th Annual Report). 
Subsequently, the complainant informed the Commission that it had 
decided to withdraw the complaint with regard to audio tapes on 
reels owing, in particular, to the imposition of measures on 
tapes in cassettes. The Commission therefore decided to terminate 
the anti-dumping proceeding concerning audio tapes on reels. 
7.2.3 Merchant bars and rods of alloy steel from Turkey 
The ant I-dumping proceeding concerning imports of merchant bars 
and rods of alloy steel from Turkey was terminated without 
measures on 12 February 1992. This proceeding was initiated in 
June 1990 subsequent to a complaint lodged by the European 
Confederation of Iron and Steel Industries (EUROFER). 
The Commission commenced the investigation by seeking and 
verifying the information necessary for the assessment of dumping 
and injury. However, in November 1991, the Commission was 
informed by the complainant of their Intent to withdraw the 
complaint because of profound changes in the market place. 
- 66 -
The Commission therefore, considered further investigation 
unnecessary, and following consultation with the Member States, 
formally terminated the proceeding. 
7.2.4 Cotton yarn from Egypt 
The anti-dumping proceeding concerning imports of cotton yarn 
from Egypt was terminated without measures on 27 March 1992. At 
the same time definitive duties were imposed against Brazil and 
Turkey, (see section 6.2.2). 
The proceeding was initiated in March 1990 following a complaint 
by the Committee of the Cotton and Allied Textile Industries 
(EUR0C0T0N), citing India and Thailand in addition to the 
countries already mentioned. On 27 September 1991, provisional 
anti-dumping duties were imposed in respect of Brazil, Egypt and 
Turkey. The rate of duty for Egypt was 12.8%, calculated on the 
basis of constructed normal value. 
Subsequent to the imposition of provisional duties, the 
Commission modified the normal value after having taken account 
of arguments put forward by the Egyptian side with regard to the 
rate of exchange used, and certain elements in the calculation of 
constructed value. This modification resulted in the 
establishment of a weighted average dumping margin of 0.1%. In 
view of this de minimis dumping margin, the Commission, after 
consultation with Member States, terminated the proceeding 
without the imposition of measures and released the amounts 
collected by way of provisional duties. 
7.2.5 Haematite plo iron from Turkey 
The ant I-dumpIng proceeding with regard to imports into the 
Community of pig iron originating in Turkey was terminated 
without the imposition of measures on 13 August 1992. The notice 
of initiation, published on 21 September 1991 following a 
complaint lodged by Eurofontes, also covered imports of the same 
product from the then Soviet Union. 
- 67 -
During the investigation, the Commission received information 
concerning Turkish producers which indicated that the exports 
from Turkey were apparently of an incidental and temporary 
nature, and concluded that their contribution to any material 
injury suffered by the Community industry was negligible. The 
complainant, upon being informed by the Commission of its 
findings, subsequently withdrew the complaint, and the proceeding 
was formally terminated without the imposition of measures. 
7.2.6 Wire rod from Argentina. Egypt. Trinidad and Tobago. Turkey. 
Bosnia-Herzeoovlna. Croatia. Slovenia, the former Yugoslav 
Republic of Macedonia. Montenegro and Serbia 
The anti-dumping proceeding on imports of wire rod from the above 
mentioned countries was terminated without the imposition of 
measures on 2 September 1992. The notice of initiation, published 
on 11 December 1990, subsequent to a complaint by the European 
Confederation of Iron and Steel Industries (EUROFER), covered 
Argentina, Egypt, Trinidad and Tobago, Turkey and the then 
Yugoslavia as a single entity. 
The Commission sought and verified all information deemed 
necessary, and carried out verification visits at the premises of 
the Community producers and importers. However, due to a change 
in the market circumstances which led to the lodging of the 
complaint, the complainant formally withdrew the complaint on 10 
July 1992. Following consultation with the Member States, the 
Commission formally terminated the proceeding without measures 
for all countries cited. 
- 68 -
8. REVIEWS 
8.1 OVERVIEW 
The Regulations and Decisions imposing anti-dumping or 
countervailing duties and Decisions accepting price undertakings 
may be subject, under the basic legislation, to at least 4 types 
of review during their life time: 
Article 15 provides for the expiry of anti-dumping measures 
after 5 years unless a "sunset" review demonstrates that they 
should remain in force; 
Article 14 provides for the review of measures on the 
initiative of the Commission, at the request of a Member 
State or, once they have been in force for 12 months, 
following a request from an interested party-, 
Another type of review carried out under Article 14 are 
"newcomer" reviews. Such reviews may be requested by 
exporters who become subject to measures but who did not 
export during the original investigation, and who have 
subsequently commenced exporting or have the firm intention 
to do SO; 
Article 13.11 also provides for the review of anti-dumping 
duties where evidence is presented that the duty is being 
absorbed by the exporter, thus effectively reducing the 
export price and increasing the dumping margin. 
The above-mentioned reviews are now a major part of the work of 
the Commission's Anti-Dumping Unit. In the period from 1981, 
they represented approximately one third of all cases initiated 
and in the last 5 years this ratio was increased to approximately 
40%, a ratio that was maintained in 1992. 
Between 1988 and 1992, a total of 122 review investigations were 
initiated, 39 of which were under Article 15, 70 under Article 
14, 9 were "newcomer" reviews and 4 were under Article 13.11. In 
approximately half of those cases, the measures were allowed to 
- 69 -
expire following the review while for the other half, measures 
were continued, mainly in amended form. 
In 1992, a total of 27 reviews were initiated, 4 of which were 
under Article 15, 16 under Article 14 and 7 as "newcomer" 
reviews. There were no reviews opened under Article 13.11 in 
1992. Details of the review investigations opened and of the 
results of reviews concluded in 1992, can be found in Annexes I, 
J, K, L. 
Table 3 provides statistical information for the period 1988 to 
1992. 
8.1.1 ARTICLE 15 REVIEWS 
Since Article 15 of the basic legislation came into force in 
19857 a'total of 212 anti-dumping measures have been allowed to 
expire automatically. 
In 1992, 16 measures were allowed to expire automatically under 
Article 15, while reviews were carried out leading to no further 
X expiries and the continuance of 1 measure in amended form. The 
references for these reviews are set out in Annexes J to L and N. 
8.1.2 ARTICLE 14 REVIEWS 
Since 1988, a total of 56 reviews have been initiated under 
Article 14. Following review, 24 measures were repealed and 20 
measures were allowed to continue, mainly in amended form. 
- 70 -
In 1992, 23 reviews were initiated under Article 14. Following 
review, 3 measures were allowed to expire and 10 measures allowed 
to continue, mainly in amended form. 
8.1.3 "NEWCOMER" REVIEWS 
Newcomer reviews are now a common feature in the administration 
of the anti-dumping instrument. These reviews are carried out for 
the benefit of new exporters which are subject to residual duties 
but which were not investigated in the original investigation 
because they had not yet exported to the Community. 
Since the Commission carried out the first review of this type 
in 1990, 9 investigations have been initiated and 5 of those were 
in 1992. Four investigations were concluded in 1992 and the 
references of these initiations and conclusions are given in 
annex I and J. 
8.1.4 ARTICLE 13.11 REVIEWS 
The possibility for these Article 13.11 reviews, which deal with 
situations where the exporter directly or Indirectly bears the 
cost of the duty and thereby increases the dumping margin, was 
incorporated into the basic legislation in 1988. 
Since then four such reviews have been initiated, all in 1991, 
one of which was concluded on 22 June 1992, when an additional 
anti-dumping duty was imposed on imports of silicon metal 
originating in the People's Republic of China. References are 
given in Annex J. 
71 -
TABLE 
Reviews of anti-dump I no and ant 1-subsidy investigations 
during the period 1 January 1988 to 31 December 1992 
I Reviews in progress at the 
I beginning of the period 
{ Reviews opened during the 
! period 
S Reviews in progress during 
! the period 
i Reviews concluded by: 
! - imposition of definitive 
! duty in Iieu of pr ice 
I undertaking 
I - amendment of definitive 
! duty 
! - suspension of definitive 
i duty 
i - acceptance of price 
i undertaking in Iieu of 
i definitive duty 
I - amendment of price 
! undertaking 
! - repeal or expiry of 
! definitive duty 
! - repeal or expiry of price 
i undertaking 
i - no change of the measures 
I in force 
! Total reviews terminated 
i during the period 
! Reviews in progress at the 
! end of the period 
i Provisional duties imposed 
l during the reviews 1988 
11 
24 
35 
4 
3 
2 
1 
5 
15 
20 
-1989 
20 
17 
37 
4 
4 
1 
9 
4 
22 
15 
7 1990 
15 
26 
41 
6 
2 
1 
6 
5 
20 
21 
1 1991 
21 
16 
37 
1 
3 
5 
4 
2 
15 
22 
-1992 : 
21 : 
27 J 
48 : 
1 ! 
11 ! 
1 ! 
5 : 
18 ; 
30 : 
- i 
- 72 -
9. REFUNDS 
During 1992, when four decisions on refunds were rendered, work with 
regard to requests for refund has continued to be centralized. The 
objective of taking a decision, to the extent possible, within a year 
was attained In the cases where the applicants provided the necessary 
information within the statutory deadlines, laid down by article 16 
of the Basic Regulation and underlined in the Notice of the 
Commission with regard to the refund of anti-dumping duties*7*. The 
period of one year was, however, exceeded in cases where information 
was not provided in due time, or where problems specific to an 
individual case arose. In several cases where refund requests have 
been introduced in a regular fashion, most often in the context of a 
review proceeding, they were grouped together in a decision taken at 
the close of that review proceeding. 
In March 1992, the Court of Justice rendered an important decision in 
the area of refunds (see point 10.3.2. below). 
(7) O.J. no. C 266, 22.10.1992, p. 2 
- 73 -
10. THE COURT OF JUSTICE 
10.1 Overview 
A list of the anti-dumping and anti-subsidy cases before the Court of 
Justice in 1992 is given in Annex P. It gives the cases which were 
still pending at the beginning of 1992, in addition to the five new 
cases brought during the year. Judgements were rendered in 11 cases, 
and a summary of these Judgements is given below. 
10.2 New cases 
The five new cases brought during the year concerned the use of facts 
aval lab Ie*8), like product and calculation of normal value*9), 
referral for a preliminary ruling on a matter of product 
définit Ion*10*, the refund of anti-dumping duties*11*, and the 
length of the investigation*12). 
10.3 Judgements rendered 
The Court also rendered Judgements in 1992 in the following cases: 
10.3.1. Compact disc Players: judgement of 13 February 1992*13* 
- Case 105/90 : Goldstar Co. Ltd. v. Council 
The Judgement concerns the interpretation of the rules in article 
2(3)(b) of the Council Regulation (EEC) No. 2423/88 of 11 July 1988, 
(hereafter the basic regulation) for determining "normal value" in 
particular with regard to the représentâtivity of domestic sales. 
(8) Case 61/92, 0J No. C 103, 23.04.92. p. 8 
(9) Case 75/92, 0J No. C 113, 05.05.92, p. 4 
(10) Case 90/92, 0J No. C 107, 28.04.92, p. 7 
(11) Case 346/92, 0J No. C 246, 24.09.92, p. 13 
(12) Case 423/92, 0J No. C 29, 02.02.93, p. 7 
(13) Case 105/90, OJ No. C 59, 06.03.92, p. 15 
- 74 -
The main issue raised by Goldstar was whether the Community 
institutions, in applying the standard practice, ought to have taken 
into account the volume of domestic sales in absolute terms, e.g. to 
verify whether domestic sales amounting to a very small quantity were 
sufficiently representative. The other issues concerned the 
determination of the profit margin, in the cases where the normal 
value had to be constructed. 
Goldstar submitted that domestic sales corresponding to small 
quantities, were not "in the ordinary course of trade" and did not 
permit a "proper comparison". It was argued that the concepts "in 
ordinary course of trade" and "proper comparison" require a 
sufficient volume of sales on the domestic market not only in 
relative terms i.e. as a percentage of the export sales to the EEC 
(the 5% rule), but also in absolute terms. According to Goldstar, the 
Council should have determined the normal value on the basis of a 
constructed value. The Community institut ions had therefore ,<* 
committed a manifest error of appraisal, and in addition Goldstar 
claimed that the Community institutions should have taken into 
account that the production of the models in question, sold on the 
domestic market had ceased before the initiation of the investigation 
period. 
The Court stated that sales on the domestic market permit a proper 
comparison when they are sufficiently representative, i.e. the 
transactions on the domestic market reflect "normal behaviour" on the 
part of the purchaser and result from "normal patterns of price 
formation". The Court ruled that the standing practice of the 
Community institutions, according to which the sales on the domestic 
market should at least correspond to 5% by volume of the export to 
the EEC, fulflIs these requirements, and offers the traders concerned 
a degree of legal certainty. The practice should therefore be upheld 
and may be departed from only in exceptional circumstances. A 
particularly small volume of sales in absolute terms does, in the 
view of the Court, not in itself constitute a factor permitting a 
departure from the 5% criteria. 
- 75 -
With regard to the profit margins used to construct normal values for 
certain models, Goldstar claimed that profit margins realized on 
domestic sales of other Goldstar models were not representative, 
that the approach of the Council was not in accordance with the 
Agreement on implementation of Article VI of the GATT, and that the 
Council should, instead, have referred to the profits made by other 
Korean producers. 
The Court referred to Case C-69/89 (Nakajima All Precision v 
Council), where it had ruled that Article 2(3)(b)(ii) of the basic 
regulation complies with the GATT rules and that the methods of 
calculating the constructed value laid down in that provision should 
be considered in the order in which they are set out. Accordingly, 
the profit margin must primarily be calculated by reference to the 
profit realized by the producer in question, in order to ensure that 
the constructed normal value corresponds as closely as possible to 
ithe^situation-of the producer concerned. The submissions of Goldstar^, 
were thus rejected. 
Concerning the application of an individual margin for sales to OEM 
purchasers by Goldstar, instead of an identical average profit margin 
for all the Korean producers concerned, the Court stated that the aim 
of constructing the normal value is to determine what the selling 
price of a product would be if that product were sold on the 
domestic market. Individual data from the producer concerned is most 
suited to reach that objective, in particular in cases where these 
data differ considerably from those relating to other producers. 
Since Goldstar realized a particularly high profit on its own-brand 
sales on the Korean market, while in the cases referred to by 
Goldstar the profit margins realized by the undertakings concerned 
were very close to one another, the Court concluded that the Council 
acted correctly in applying an individual profit rate to Goldstar 
with regard to the models sold to OEM producers in the EEC. 
The Court also stated that the Council did not fix the profit rate 
for OEM's in an arbitrary manner and that applying a rate at one 
third the level of sales to non - OEM's was reasonable given the 
absence of any other concrete information. 
The Court dismissed the application by Goldstar in its entirety. 
- 76 -
10.3.2 Refunds of anti-dumping duties paid on imports of bal I-bearlnos: 
Judgement of 10th March 1992*14> 
- Case 188/88 : NMB (Deutschland) GmbH and others v. Commission 
The application before the Court was lodged by three subsidiaries in 
the Community of a Japanese company, NMB. These three companies 
imported and distributed in the Community, ball-bearings supplied by 
a Singapore company, which was also a subsidiary of NMB. 
The three applicants had submitted before the Commission, pursuant to 
Article 16 of Council Regulation (EEC) No. 2176/84, applications for 
partial refund of anti-dumping duties paid on imports of ball­
bearings originating in Singapore made by them in 1985 and 1986. 
By decisions of 22nd April 1988, the Commission partly rejected the 
app11 cat ions for refunds. This partial rejection was based on the 
fact that the Commission, applying the methodology laid down in its 
legislation and the notice concerning the reimbursement of anti­
dumping duties (OJEC No. C 266 of 22.10.1986, p. 2) published for the 
purpose of informing interested parties and guiding the internal 
procedure for the application of Article 16 of the basic regulation, 
had deducted the anti-dumping duties paid from the resale prices of 
each subsidiary to the first independent buyers. 
The applicants contested the appropriateness and the legality of the 
inclusion of the anti-dumping duties in the costs deductible from the 
resale price. They claimed that this method was incompatible with 
the principle of proportionality since it would impose, on related 
importers, a burden in excess of that which is necessary to remedy 
the dumping and afford the European industry an excessive protection, 
it would also be discriminatory since independent importers and 
related importers would be treated differently for the purpose of 
refund of anti-dumping duties without objective justification. These 
violations of general principles of Community law would, in addition, 
(14) Case 188/92, OJ No. C 81, 01.04.92, p. 12 
- 77 -
constitute a misuse of its power by the Commission. The applicants 
alleged also an infringement of the principle of the protection of 
legitimate expectations. Finally, they contended that the basic 
regulation was contrary to Article VI of the GATT and the Anti­
dumping Code. 
The Court ruled that, in cases where the dumping margin has to be 
calculated on the basis of export prices constructed because the 
importer is related to the exporter, the basic regulation expressly 
specifies that the ant I-dumpIng duties have to be deducted as a cost 
incurred between importation and resale. The Court considered that 
the alleged difference in the treatment of independent Importers and 
related importers with respect to the refund of anti-dumping duties 
is justified by the difference in their respective situations in 
relation to the dumping and therefore does not constitute 
discrimination. Independent importers may be expected to pass on the 
ant I -dump I ng -dut i es-to -the I r customers, < g i ven the i r «ignorance as to *. 
whether or not the dumping had ceased and whether the refund would be 
granted. In contrast, related importers could refrain from passing on 
the anti-dumping duties since they would be aware of the commercial 
practices underlying the dumping and they would therefore not be In 
any doubt and run no risks with respect to the possibility of 
obtaining a refund. The Court concluded that if the anti-dumping 
duties were not deducted In constructing the export price, associated 
importers would be in a more favourable position than independent 
importers and that, consequently, Article 2 (8) (b) of the basic 
regulation requires the deduction of anti-dumping duties in 
constructing the export price for the purpose of refunding duties. 
On the same grounds, the arguments claiming violation of the 
principle of proportionality and misuse of power were rejected. 
The Court accepted that a violation of the rules of the GATT anti­
dumping code may be invoked as a way of controlling the legality of a 
Community regulation and also that the policy of the Community's 
trading partners may be Invoked as an argument to uphold the claim 
that the arrangements laid down by a Community regulation have not 
been correctly interpreted. However, the Court recognized that there 
is no inconsistency between the basic regulation and the anti-dumping 
code. 
- 78 -
Finally the Court considered that there was no infringement of the 
principle of legitimate expectations since the Commission had not 
clearly defined its position on the matter prior to the publication 
of its Notice in 1986. 
The Court dismissed the applications in their entirety. 
10.3.3 Photocopiers from Japan : Judgements of 10th March 1992*1S> 
- 171/87 : Canon Inc. v. Council 
- 172/87 : Mita Industrial Co. Ltd. v. Council 
- 174/87 : Ricoh Company v. Council 
- 175/87 : Matsushita Electrical Industrial Co. Ltd. and 
Matsushita Electric Trading Co. Ltd. v. Council 
- 176/87 : Konishiroku Photo Industry Ltd. v. Council 
- 177/87 : Sanyo Electric Co. Ltd. v. Council 
- '178/87 -••: Mi no I ta Camera -Co. Ltd. v. -Council 
- 179/87 : Sharp Corporation v. Council 
Council Regulation (EEC) No. 535/87 of 23 February 1987 imposed a 
definitive anti-dumping duty on imports of plain paper photocopiers 
originating in Japan. The rate of duty was fixed at 20%. The Council 
regulation was adopted on the basis of the former basic regulation 
(EECy No. 2176/84 (hereinafter the basic regulation). Most of the 
exporters concerned challenged the Council Regulation before the 
Court of Justice. The exporters main allegations concerned: 
1) miscalculation of the normal value and the export price; 
2) erroneous definition of the Community industry; 
3) incorrect evaluation of injury; 
(15) Cases 171/87, 172/87, 174/87, 175/87, 176/87, 177/87, 178/87 and 
179/87, OJ No. C 90, 10.04.92, pp. 3-6 
- 79 -
4) incorrect appraisal of the interest of the Community 
1) Miscalculation of the normal value and the export price 
Referring to earlier cases, the Court reiterated that the 
determination of the normal value and the export price are governed 
by separate rules, and therefore selling, general and administrative 
expenses need not necessarily be treated in the same way in both 
cases. The Court stated that the costs incurred by sales subsidiaries 
on the domestic market, which are acting as a domestic sales 
department, are equivalent to those incurred by the export department 
of the exporter and not to those of the European subsidiaries of the 
exporter. Furthermore the Court stated that according to the 
judgements in cases 277/85 and 300/85 (Canon v Council), the prices 
charged by domestic subsidiaries to independent buyers on the 
domest Ic market may•*be 'regarded* asvthe pri ce actua 11 y ; pa I d •• or payab I e< 
in the ordinary course of trade within the meaning of Article 2(3)(a) 
of the basic regulation, the other possibilities enumerated in the 
basic regulation for the estabiIshment of normal value being merely 
subsidiary. The Court therefore held that there was no need for the 
Council to construct the normal value. 
Concerning the products where the normal value had been constructed, 
the Court pointed out that the Community institutions had constructed 
the normal value because all PPC models exported to the Community 
were sold in Japan at prices that were on average lower than their 
production cost and that the aim of constructing the normal value is 
to establish a normal value which comes as close as possible to the 
selling price as if the sales had taken place in the country of 
origin. The Court stated that, consequently, the expenses relating to 
sales on the domestic market should be taken into account, even if 
the product is not sold on the market, but is sold for export. 
Recourse to an average profit realized on sales in the ordinary 
course of trade was thus justified. 
With regard to the Council's comparison of a weighted average normal 
value with individual export prices, the Court reiterated that it is 
/ 
I - 80 -
not required that the normal value and the export price be calculated 
according to the same method. Furthermore the freedom for the 
institutions to choose the right method is specifically intended to 
ensure the appIicat ion of the method most appropiate to the purpose 
of the ant I-dumping proceeding. 
/ 
With regard to allowances claimed on the grounds that the normal 
value and the export price were established at different levels of 
trade, the Court stated that the applicants had produced no evidence 
to show that this was the case. 
2) Erroneous definition of the Community industry 
Some exporters claimed that in view of the numerous imports from 
Japan by three of the complainants, the institutions should not have 
" included 'those 'companles"In the* number of producers mak'ing up the 
"Community Industry". The exporters considered this to be 
particularly the case for imports of small photocopiers from Japan 
where European production was low or non-existent. 
The Court referred to its Judgement in case 156/87 (Gestetner) and 
reiterated that it is within the discretion of the institutions to 
determine whether they should exclude from the "Community Industry" 
producers which are related to exporters or importers and who 
themselves are importers of the dumped product. This discretion must 
be exercised on a case-by-case basis by reference to all the relevant 
facts. Furthermore the Court pointed out that the volume of imports 
made by Community producers was minimal In relation to the entire 
range of PPC's produced by this producer within the EEC. 
The plaintiffs also claimed that one producer's production should 
not be counted as part of the Community production, since part of the 
company's operations consisted in reality of assembling or producing 
machines in the Community from parts or materials originating in 
- 81 -
Japan. In support of their argument, the exporters pointed out that 
existing ant I-dumping duties could be extended to cover like products 
merely assembled in the Community and that maintaining this 
complainant's production as part of Community product ion would be 
treating similar situations dissimilarly. 
The argument was rejected by the Court which stressed that the 
"screwdriver" provision in Community legislation was introduced 
after the contested regulation had been adopted, and, in any event, 
it concerned antI-dumping duties on products assembled or produced in 
the Community from parts or materials originating in exporting 
countries which are subject to duties, not the definition of 
Community production. 
3) Incorrect assessment of the Injury suffered by the Community Industry 
Several exporters claimed that the community institutions, in 
considering that the different types of PPC's were a like product, 
made a wrong assessment. According to the exporters there are no 
similarities between the PPC's in adjoining and especially in non-
adjoining segments. 
The Court stated that, at least, the PPC's in adjoining segments were 
like products. The differences concerning speed and copy volume 
between PPC's falling within one or various segments were not 
sufficient to establish that those PPC's do not have identical 
functions or do not satisfy the same needs. The Court stressed that 
the customer's choice was made on the basis of factors relating in 
particular to the decision to centralize or decentralize their 
photocopying facilities, which confirms that there is competition 
between machines in different categories. 
The exporters contested the findings of the Institutions that the 
alleged injury resulted from the imports in question and not from the 
policy followed by Community undertakings, in particular their 
decision not to manufacture small photocopiers owing to the costs and 
technological difficulties which development of new models of small 
photocopiers would have Involved, and from the inferiority of their 
- 82 -
machines compared with the products of the exporters. 
4) Interest of the Community 
Some exporters claimed that the Community institutions inaccurately 
assessed the interest of the Community. They argued that the OEM 
importers employed a substantial number of people and were very 
active in the field of small photocopiers whereas three Community 
producers were holding only 3% of the Community market for small 
photocopiers. Protecting the manufacturers producing such a small 
quantity of the products concerned did not, in view of the exporters, 
take into consideration the disadvantageous consequences which would 
ensue. 
The Court rejected the argument, stating that the question whether 
the interest of the Community calls for an intervention is a matter 
of discretion and the judicial review of such an appraisal«must be « 
limited. According to the Court there were no clear failures made by 
the institutions in their appraisal. On the contrary, the Court 
deemed it doubtful whether an independent Community PPC Industry 
would have survived without an antI-dumping duty on the imports of 
PPC's from Japan. The Court stated that the institutions assessment 
that the need to protect the Community Industry were more important 
than the need to protect the immediate interests of consumers was 
thus correct. 
- 83 -
10.3.4 Calcium metal : Judgement of 11th June 1992*16) 
Case 358/89 : Extramet Industrie S.A. v. Council 
The application was lodged by a large importer in the Community of 
calcium metal originating in China and the former Soviet Union on 
whose imports a definitive anti-dumping duty, amounting respectively 
to 21.8% and 22%, was imposed by Council Regulation (EEC) No. 
2808/89. 
The applicant submitted several pleas in law based on alleged errors 
committed in defining the like product, determining the normal value, 
determining the injury suffered by Community industry and 
appreciating the interest of the Community for imposing measures. 
The Court examined in first place, the plea concerning the injury 
déterminât ion and decided to annul the contested Régulât ion without 
further examination of the other pleas. 
Extramet had claimed in particular that the sole producer of calcium 
metal in the Community had itself caused the injury suffered when it 
refused to supply Extramet with the product. 
For the purpose of refuting Extramet's arguments, the Council had 
referred to the recitals in the preamble to the contested 
regulation, which stated that Extramet had begun Court proceedings in 
one Member State against the Community producer, alleging abuse of 
dominant position, but that the latter had denied such allegations 
and that no final Judgement had been reached in the Court proceedings 
in the Member State concerned. The Council had added that an 
undertaking cannot be deprived of its right to initiate proceedings 
under competition law, the outcome of which cannot be prejudiced by 
an ant I-dumping investigation. In any event, if it were ruled that 
competition rules had been infringed, the anti-dumping proceeding may 
then be reviewed. 
The Court noted that it did not appear from the recitals to which the 
Council referred, that the Community institutions had in fact 
(16) Case 358/89, OJ No. C 174, 10.07.92, p. 20 
- 84 -
examined the question whether the Community producer concerned had 
itself contributed to the injury it suffered through its refusal to 
sell, or established that the proven injury did not result from the 
factors a Ileged by the applicant. The Community institutions had for 
that reason failed to determine correctly the injury suffered. 
10.4 Cases withdrawn 
In addition to the above-mentioned judgements, two cases were removed 
from the register. These Involved: 
193/89 : Venezolana de Nitrogeno C.A. (Nitroven) and Petroquimica 
de VenezueI a (Pequ i ven) v. Counc iI 
337/90 Musso and Parker v. Hauptzollamt Gronau 
10.5 Cases pending 
At the end of 1992, ten cases were still pending on the register of 
the Court of Justice. These cases can be identified in Annex P. 
10.6 Court of First Instance 
At the request of the Court of Justice, the Court of First Instance 
(CFI) was set up by Council decision of 24 October 1988*17) in order 
to examine, subject to an appeal to the Court of Justice and limited 
to matters of law, certain petitions lodged by individuals or 
corporate bodies. Two years after the founding of the Court of First 
Instance, and taking account of the experience acquired particularly 
in the evolution of the case-law, the Council decided to examine the 
Court of Justice's proposal to extend the CFl's competence to examine 
petitions lodged against one of the Community institutions by 
individuals or corporate bodies in the area of commercial defence 
measures within the framework of article 113 of the EEC Treaty for 
dumping and subsidy cases. 
(17) OJ no. L 319 of 25.11.1988 
- 85 -
In a letter dated 17 October 1991*18>, the Court of Justice 
requested that the Council undertake such an examination. 
In its opinion*19^ of 18 March 1992, the Commission considered, and 
the European Parliament agreed with this view, that it would be 
necessary to find a solution to the additional difficulties created 
by the setting up of a double layer of Jurisdiction, which would come 
on top of a decision-making process already burdened with cumbersome 
procedures. As a consequence the Commission, as announced In its 
opinion, proposed to the Council an amendment of the regulation in 
force*20), aimed at harmonizing and streamlining the decision-making 
process with regard to instruments of commercial defence. 
(18) Council Doc. 9286/91 of 08.11.1991 
(19) SEC(92) 495 final 
(20) SEC(92) 1097 
- 86 -
11. REFORM OF THE E.C. LEGISLATION 
On 2 July 1992 the Commission presented a proposal to the Council for 
a CounclI Régulât ion on the harmonization and streamlining of 
decision-making procedures for Community instruments of commercial 
defence and modification of the relevant Council Regulations (SEC(92) 
1097 final). The proposal concerns definitive measures of commercial 
defence to be taken under the Anti-dumping/Anti-subsidy Regulation 
(Reg. No. 2423/88), the Regulations enabling the adoption of 
safeguard measures (common rules on imports: Reg. No. 288/82, No. 
1765/82, No. 1766/82), and the so-called "New Instrument of 
Commercial Policy" (Reg. 2641/84). 
The proposal is aimed at replacing the existing mechanism for taking 
definitive measures*21) with a Management Committee procedure*22^ 
except that the special procedure for safeguard measures (Article 3 
of the same Council Decision) is maintained or adopted for measures 
to be taken promptly, either because of the urgency of the matter (eg 
safeguard measures under Reg. No. 288/82) or to comply with 
international obligations (eg. termination of anti-dumping 
proceedings without measures). In summary, the basic features of the 
decision-making mechanism proposed by the Commission would be that 
(a) the decision on whether or not to apply definitive measures of 
commercial defence would be taken by the Commission, after 
consultation of a management committee in all cases, and (b) insofar 
as Member States would be entitled to refer such Commission decisions 
to the Council, a qualified majority in the Council would be needed 
to overturn the Commission decision. 
These changes concern exclusively internal Community procedures, and 
would not affect the substantive conditions for the application of 
instruments of commercial defence (conditions which are dictated by 
the Community's GATT obligations). Thus, such changes would not 
affect the international rights and obligations of the Community, nor 
(21) A decision of the Council based on a proposal from the Commission 
following consultation of an Advisory Committee. 
(22) Article 2, type 1Kb) of "Comitology Decision", Council 
Regulation No. 87/373/EEC, which sets out procedures for the 
exercise of implementing powers conferred in the Commission. 
87 -
would they affect the position of the Community's trading partners or 
that of their enterprises. 
The rationale for the Commission's proposal is that decision-making 
procedures for Community instruments of commercial defence are of 
great complexity and length. In some cases they do not even guarantee 
any decision at all, namely in the case of safeguard measures which 
can lapse after a period of three months if the Council does not take 
a decision. This raises real concerns as to both the legal certainty 
for all economic operators involved and the effectiveness of the 
Community's commercial defence policy. Furthermore, these concerns 
appear all the more serious when Community procedures are compared 
with those of our trading partners. 
Thus, the Commission proposal seeks to remedy these difficulties for 
the decision-making process by replacing the existing mechanism with 
a more effective system which would be, at the same time, in 
conformity with the principle of the devolution of implementing 
powers to the Commission laid down in Article 145 of the EEC Treaty. 
This system would eliminate the risk of the Council not taking a 
decision, thereby increasing legal certainty, and would speed up 
decisions on cases where there is no disagreement between the 
Commission and the Member States. 
This proposal stemmed from the opinion which the Commission gave (on 
18 March 1992) on the extension of the competences of the Court of 
First Instance to include measures of commercial defence. Indeed, 
although the Commission agrees with such extension of competences, it 
is nevertheless apparent that a two-tiered mechanism of 
Jurisdictional control would add to the overall length and complexity 
of Community commercial defence procedures. Thus, the Commission 
linked its favourable opinion on this issue to the parallel 
improvement of the decision-making mechanism. 
It is also very important to consider this Commission proposal in the 
context of the completion of the internal market and of the external 
policy implications of such a large scale trade liberalisation. 
Consequently, the proposal on harmonization and streamlining of 
dec is ion-making procedures now forms part of a wider package 
concerning the Community's import regime. The main feature of this 
- 88 -
package is trade liberalisation: that is, elimination of all of the 
1700 quantitative restrictions maintained by individual Member States 
vis-à-vis GATT Contracting Parties, as well as all of the 4716 quotas 
concerning State-trading countries, with the sole exception of 8 
product groups for which Community-wide quotas are envisaged with 
regard to China alone. 
The Council was supposed to decide on the various Commission 
proposals by the end of 1992, but no agreement could be reached 
within the CounciI. 
- 89 -
12. DEVELOPMENTS IN THIRD COUNTRIES 
A number of events, in particular in Central and Eastern Europe and 
in the former USSR and Yugoslavia, had some impact for the 
Community's commercial defence in 1992. 
12.1. FORMATION OF NEW INDEPENDENT STATES 
12.1.1. EX - USSR 
With the dissolution of the former USSR, 15 states became independent 
in 1992. Each of them has to be treated as a separate entity. 
Consequently, commercial defence proceedings pending on 01.01.1992 
are pursued only with regard to the state(s) from which the product 
in question originates or in which subsidization allegedly takes 
place. The same applies to proceedings initiated after that date. 
Measures applied remain in force with regard to the states which were 
part of the former Soviet Union on its dissolution (Armenia, 
Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgystan, Mo I dava, Russia, 
Tajikistan, Turkmenistan, Ukraine, Uzbekistan). By contrast these 
measures no longer apply to the states which became independent 
before such dissolution (Latvia, Estonia, Lithuania). 
12.1.2. EX - YUGOSLAVIA 
The situation is the same with regard to the independent states 
having succeeded the former Yugoslavia (Slovenia, Croatia, Bosnia-
Herzegovina and the former Yugoslav Republic of Macedonia*23). New 
proceedings can only be initiated or continued against the individual 
state(s) concerned. Measures taken against imports from "Yugoslavia" 
remain in force with regard to all successor states. 
(23) Concerning the Federal Republic of Yugoslavia (Serbia and 
Montenegro) which has not been internationally recognized, its 
status with regard to commercial defence action is of no 
practical Importance given the trade embargo imposed by the 
Community as of 31.05.1992. 
- 90 -
12.2. DISMANTLING OF EXPORTS MONOPOLIES 
In the process of the economic reforms in Central and Eastern Europe 
and In the former USSR, a number of state organisations have lost 
their export monopoly. Even where definitive steps towards a market 
oriented economy have not yet been taken, new private operators have 
increasingly been able to become active in export trade, often 
concurrently with the former state monopolists. 
A similar evolution can be observed as a consequence of the reform of 
the foreign trade system in the People's Republic of China. The 
operation of export trade was to a large extent decentralized. In 
addition, private companies are permitted to engage in export 
operations under the regulations applicable to foreign investment in 
China. 
This diversification, as such clearly a positive development, has led 
to difficulties regarding certain anti-dumping measures applied prior 
to the reforms in question. Where a proceeding had resulted In the 
acceptance of an undertaking offered by the state monopoly without 
the imposition of so-called "residual" duties (duties applicable to 
all other existing or future exporters in the country concerned), the 
appearance of new exporters makes the measure obsolete or unworkable. 
Several cases of this kind are currently under examination by the 
Commission, with a view to finding an appropriate solution. 
The Community institutions are also considering whether certain 
exporters in non-market economy countries can receive an individual 
dumping margin - and consequently an individual dumping duty. Such 
individual treatment of a company in a non-market economy country, 
however, has to remain a strict exception. It can be granted solely 
in cases where the company concerned has provided sufficient and 
verifiable evidence of the fulfillment of certain conditions. The 
fact that a company has, for example, the status of a Joint venture 
with foreign capital participation or a majority shareholding by a 
foreign investor, or has an export sales office outside the non-
market economy country, cannot by itself justify an individual 
dumping margin determination. 
- 91 -
12.3. TRANSITION TOWARDS MARKET ECONOMIES 
On 01.03.1992, Interim agreements on trade and accompanying 
measures*24^ between the Community and Hungary, Poland and 
Czechoslovakia (as of 01.01.1993: the Czech Republic and the Slovak 
Republic) entered into force. Simultaneously, these countries were 
eliminated from the list of state trading countries annexed to 
Council Regulation (EEC) N' 1765/82*25>. "Normal value" for the 
goods originating in the countries concerned has, therefore, to be 
established according to the ground rules contained in Article 2 
paragraph 3 of Regulation 2423/88. 
12-4. ADVICE TO THIRD COUNTRIES 
The Commission's anti-dumping/anti-subsidy service is frequently 
approached by governments which are or intend to become signatories 
to the GATT Anti-Dumping/Anti-Subsidy Code, or are candidates for 
GATT membership, with a view to providing assistance, in the form of 
advice on how to establish commercial defence systems in the 
countries concerned. To the extent that the limited resources of 
the service permit such activity, the Commission attempts to respond 
favourably to such requests. It is, indeed, important that newly-
created national systems respect the obligations resulting from the 
GATT rules, particularly with regard to the requirements of a fair 
process and the guarantee of full rights of defence for all parties 
concerned. 
To this effect, the service has organized seminars in Brussels for 
officials of Colombia, the People's Republic of China, the Republic 
of Korea and South Africa. In addition, and at the invitation of 
the Chinese government, two officla Is conducted a seminar in Bel 
Jing for Chinese officials active in the trade sector. 
(24) Concluded with a view to the subsequent coming into effect, of 
the so-called "European Agreements". 
(25) O.J. N* L 195 of 05.07.1982 
- 92 -
The courses, devised and presented by experienced officials of the 
service, cover all stages of the investigation process, from the 
lodging of complaints, definition of product and industry, 
examination of dumping and injury, calculation of dumping and injury 
margins and consideration of the national interest question. 
12.5. DEFENCE OF EXPORT INTERESTS 
The defence of interests of EC firms involved in ant I-dumpIng and 
anti-subsidy procedures in third countries rests primarily upon the 
firms themselves, as all the information in the case of ant I-dumping, 
and most of the information in the case of anti-subsidy, can only be 
provided by these firms. 
Thus, the role of the Commission is limited to those cases in which 
substantive or procedural rules provided for under the GATT appear to 
have been violated. In such cases, the Commission may engage in 
bilateral consultations and, in the event that these are 
unsuccessful, may take the matter to the Anti-Dumping or Anti-Subsidy 
Code Committee and, in certain circumstances, to a panel. 
In 1992, the Commission intervened in such contested cases involving 
exports of agricultural products to Australia, Brazil, Argentina and 
particularly, given the considerable volume of trade involved, in the 
cases concerning EC steel exports to the US. 
- 93 -
13. GATT ISSUES 
13.1 Uruguay Round Negotiations 
Little progress was made in 1992 in the Uruguay Round negotiations on 
antI-dumping and anti-subsidy. 
Thus, the draft final agreements released by the GATT Director-
General on 20 December 1991, and referred to in the 10th Annual 
Report, are still on the table and await developments in 1993. 
13.2 Consultations and Dispute Settlement 
In 1992, the Community participated in several procedures concerning 
commercial defence action taken either by the Community or by third 
countries. 
13.2.1 Disputes concerning Community action 
During 1992, Japan requested consultations, under the GATT Anti-
Dumping Code, on the anti-dumping duties imposed on audio cassettes 
from Japan on 14th May 1991, and on the Community's treatment of 
anti-dumping duties in calculating dumping margins in refund claims, 
the so-called "duty as a cost" issue. 
a) Audio cassettes 
The GATT Committee on Ant I-Dumping Practices established, on 
30.10.1992, the panel requested by Japan to examine the I atter's 
allegation that the anti-dumping duties imposed on Japanese exports 
of audio-cassettes to the Community had not been imposed in 
conformity with the provisions of the Anti-Dumping Code. The 
Community has accepted the establishment of this panel without 
objection, even though it considers the Japanese allegations to be 
unfounded, in the interests of preserving the integrity of the GATT 
dispute settlement system. 
The sweeping and rather general nature of the Japanese allegations, 
however, has resulted in some discussion on the terms of reference 
for the panel. Bilateral discussions between the Community and Japan 
- 94 -
have brought about greater clarity as to the substance of the 
Japanese complaint, and this has enabled the two parties to agree on 
the panel's mandate. Further discussions are currently under way 
between the Community and Japan as to the composition of the panel. 
As to the substance of the dispute, Japan contests many 
methodological choices in the Community regulations imposing anti­
dumping duties in relation to the findings of dumping by the Japanese 
exporters and to the injury suffered by the Community industry. 
These findings, however, were made after the investigation, carried 
out according to Community legislation which is in full conformity 
with the substantive and procedural requirements of the GATT Anti-
Dumping Code, had shown clear and conclusive evidence of both dumping 
and injury. 
b) "Duty as a cost" 
First consultations were held with Japan on this issue in October 
1992, and further consultations are expected. 
In the course of this first consultation, Japan reiterated the 
arguments made before the European Court of Justice in the case 
188/88 - NMB (Deutschland) and other v. Commission - in which the 
Court ruled In favour of the Commission on 10 March 1992 (see 10.3.2 
above). 
13.2.2 Disputes concerning actions taken by third countries 
a) Australia - countervailing duty on imports of glacé cherries from 
France and Italy 
In March 1992, Australia imposed a countervailing duty on imports of 
glacé cherries from France and Italy. At the same time, certain 
exporters from these Member States were made subject to anti-dumping 
duties. The Community considered that Australia had violated Article 
6 of the GATT Subsidies Code in imposing these duties, because it 
determined that the injury in this case had been suffered not by 
domestic producers of glacé cherries, the like product, but by cherry 
growers and briners, who do not produce a like product. This 
"extended" definition of domestic industry was made possible by 
- 95 -
Article 7 of Australia's Customs Law of 1991, which the Community 
considers does not conform with Article 6 of the Subsidies Code. 
In these circumstances, the Community, fol lowing consultât ions under 
Article 3.2 of the Subsidies Code, referred the matter to the 
Subsidies Committee for conciliation in July 1992. Once it became 
clear that this would not result in a mutually acceptable solution, 
the Community requested a panel, which was established at a meeting 
of the Committee in November 1992. 
b) Brazil - countervailing duty on Imports of milk powder and 
certain types of milk from the EC 
In April 1992, Brazil imposed a provisional countervailing duty of 
31%-52% on imports of milk powder and certain types of milk from the 
European Community. The Community considered that this duty had been 
imposed in violation of Articie 5.1 of the GATT Subsidies Code, since 
Brazil had carried out no preliminary investigation before its 
imposition. The Community therefore requested consultations under 
Article 3.2 of the Code. These consultations failed to lead to a 
mutually agreed solution, and In view of this, the Community referred 
the matter to the Subsidies Committee for conciliation in July 1992. 
in August 1992, BraziI imposed a definitive countervailing duty of 
20.7% on imports of the same products from the Community. The 
Community considered that this duty was imposed in violation of 
Article 6 of the Subsidies Code concerning injury, since Brazil had 
not examined the impact of the imports on its domestic industry or 
considered the question of causality. Following consultations, the 
Community once again referred the matter for conciliation at a 
meeting of the Subsidies Committee in October 1992. 
In both cases, conciliation failed to lead to a mutually acceptable 
solution and the Community subsequently requested a panel under 
Article 17.3 of the Code on both the provisional and the definitive 
duties. This panel is expected to be established early in 1993. 
- 96 -
c) Steel - U.S.A. 
With regard to the anti-dumping/anti-subsidy proceedings opened by 
the U.S.A. against certain steel imports from a number of Member 
States, first contacts took place with the U.S. administration in the 
last week of 1992. The question of a formal GATT dispute settlement 
procedure will be considered early in 1993. 
- 97 -
14. PERSONNEL AND ADM INSTRATION 
As the Parliament is aware, the services in charge of trade policy 
instruments and In particular of anti-dumping, have, for many years, 
been plagued with serious staffing problems. While the allocation to 
these services of 40 national experts in 1987 had somewhat alleviated 
these problems, it also led to an excessive reliance on personnel 
whose term of service is of short duration (maximum 3 years). This 
has a negative effect on the efficiency of these services. Indeed, 
given the very technical nature of the work, newcomers have to 
undergo a thorough period of training, in most cases up to nine 
months, before they are fully operational. This represents a 
considerable investment, which is only partially recouped in the case 
of agents whose contracts oblige them to leave the service after a 
maximum of three years. 
This problem was recognised by the Commission Personnel Directorate 
which made considerable effort in 1992 to obtain replacement of a 
number of national expert posts by permanent staff posts. Thanks in 
particular to the very strong support of the Parliament, the anti­
dumping services were allocated 8 budgetary posts in exchange for the 
elimination of an equivalent number of national expert posts. 
Unfortunately, at the same time, due to budgetary constraints, the 
anti-dumping services were not allowed to replace all departing 
national experts. As a result, the total of number of A and B agents 
(permanent + national experts) has fallen from 94 to 89 while the 
work load of the service has continued to increase. 
Thus, in comparison with similar services of the US, Canada and even 
Australia, the Community antI-dumping services remain critically 
understaffed. In the United States for example the Department of 
Commerce employs 210 investigators (excluding staff) to carry out 
only the dumping side of these investigations. In the United States, 
the injury investigation is carried out by the International Trade 
Commission which employs a further considerable number of staff for 
that task. Moreover, there is no "lesser duty rule" or public 
interest test applied in the United States, requirements which take 
up a considerable portion of Investigation time in the Community. 
- 98 -
The other reasons why the duration of investigations has crept up 
from 12 to 18 months over the last 5 years, are the increasing 
complexity of these cases, together with the strict legal 
requirements on the rights of interested part les with regard to 
investigation and disclosure, and, of course, the Community's 
cumbersome decision-making process referred to in Chapter II. 
The imposition of mandatory deadlines for the completion of these 
investigations is, of course, the most effective means of solving the 
time problem. However, unless the underlying reasons for the delays 
are addressed, the result of time limits may be that the Commission 
would no longer be in a position to fulfil its legal obligation in 
terms of the number of complaints accepted for investigation, or the 
standard of investigation would suffer, or both. 
LIST OF ANNEXES 
A. Anti-dumping and anti-subsidy investigations initiated during the 
period 1 January to 31 December 1992 
B. Provisional duties imposed during ant I-dumping and anti-subsidy 
investigations during the period 1 January to 31 December 1992 
C. Investigations concluded by the imposition of definitive duties 
during the period 1 January to 31 December 1992 
D. Investigations concluded on a finding of no dumping during the period 
1 January to 31 December 1992 
E. Investigations concluded on a finding of no injury during the period 
1 January to 31 December 1992 
F. Investigations concluded for other reasons during the period 
1 January to 31 December 1992 
G. Investigations initiated by country of export during the period 
1 January 1988 to 31 December 1992 
H. Investigations initiated by product sector during the period 
1 January 1988 to 31 December 1992 
I. Reviews of anti-dumping and ant I-subsidy investigations opened during 
the period 1 January to 31 December 1992 
J. Reviews of ant 1-dumping and ant 1-subsidy measures concluded by the 
amendment of definitive duties during the period 1 January to 31 
December 1992 
K. Reviews of antI-dumping and anti-subsidy measures concluded by the 
imposition of definitive duties in lieu of price undertakings during 
the period 1 January to 31 December 1992 
L. Reviews of anti-dumping and anti-subsidy measures concluded by the 
amendment of price undertakings during the period 1 January to 31 
December 1992 
M. Reviews of antI-dumping and antI-subsidy measures concluded by the 
repeal or expiry of definitive duties during the period 1 January to 
31 December 1992 
Ao-o -
N. AntI-dumping and anti-subsidy measures repealed for other reasons 
during the period 1 January to 31 December 1992 
0. Ant I-dumping and anti-subsidy measures which expired during the 
period 1 January to 31 December 1992 
P. Ant I-dumping and anti-subsidy cases before the European Court of 
Justice in 1992 
Q. Anti-dumping and anti-subsidy measures in force as at 31 December 
1992. 
S. "Dumping is profitable for exporters, even where their domestic 
prices are made at a loss" 
-AJDA-
ANNEX A 
ANT I-DUMPING AND ANT I-SUBSIDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin OJ reference 
Electronic weighing 
scales 
Unwrought manganese 
Paint brushes 
Antimony trioxide 
Electronic weighing 
scales 
Portland cement*1) 
Portland cement(1) 
Portland cement(1) 
Fluorspar 
Photo albums 
Compact disc players 
Compact disc players 
Compact disc players 
Ferro-slI icon 
Ferro-siI icon 
Manganese steel 
wearparts 
Gum rosin Singapore 
P.R. China 
P.R. China 
Japan 
S. Korea 
Turkey 
Romania 
Tun i s I a 
P.R. China 
P.R. China 
Taiwan 
Singapore 
Malaysia 
P.R. China 
S. Africa 
S. Africa 
P.R. China C 6, 10.01.92, p. 2 
C15, 21.01.92, p.12 
C24, 31.01.92, p. 3 
C72, 21.03.92, p. 6 
C84, 04.04.92, p.14 
C100, 
C100, 
C100, 
C105, 
C120, 
C148, 
C148, 
C148. 
C173, 
C173, 
C188, 22.04 
22.04 
22.04 
25.04, 
12.05 
12.06 
12.06, 
12.06, 
09.07, 
09.07 
25.07 92, p. 4 
92, p. 4 
92, p. 4 
92, p.23 
92, p.10 
92, p. 7 
92, p. 7 
92, p. 7 
92, p. 8 
92, p. 8 
92, p. 3 
C195. 01.08.92, p. 5 
(1) Regional case involving Spain 
•Aûl -
ANNEX A (continued) 
ANT I-DUMPING AND ANT I-SUBS IDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin OJ reference 
Low carbon ferrochrome 
Low carbon ferrochrome 
Low carbon ferrochrome 
Ethanolamines 
Isobutanol 
Microdisks 
Microdisks 
Ammonium nitrate*1 
Ammonium nitrated 
Ammonium nitrated 
Ammonium nitrated 
Ammonium nitrated 
Ammonium nitrated 
Ammonium nitrated Kazakhstan C195, 01.08.92, p. 6 
Russia C195, 01.08.92, p. 6 
Ukraine C195, 01.08.92, p. 6 
U.S.A. C201, 08.08.92, p.12 
Russia C239, 18.09.92, p. 3 
Hong Kong C239, 18.09.92, p. 4 
South Korea C239, 18.09.92, p. 4 
Belarus C306, 24.11.92, p. 2 
Georgia C306, 24.11.92, p. 2 
Lithuania C306, 24.11.92, p. 2 
Russia C306, 24.11.92, p. 2 
Turkmenistan C306, 24.11.92, p. 2 
Ukraine C306, 24.11.92, p. 2 
Uzbekistan C306, 24.11.92, p. 2 
(1) Regional case involving the U.K. 
- A.O^ — 
ANNEX A (continued) 
ANT I-DUMPING AND ANT I-SUBSIDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin OJ reference 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Haematite pig iron Malaysia 
P.R. China 
S. Korea 
Singapore 
Thai land 
Turkey 
Brazil C307, 25.11.92, p. 4 
C307, 25.11.92, p. 4 
C307, 25.11.92, p. 4 
C307, 25.11.92, p. 4 
C307, 25.11.92, p. 4 
C307, 25.11.92, p. 4 
C322, 09.12.92, p. 2 
Haematite pig iron PoI and C322, 09.12.92, p. 2 
- ^Aoq 
ANNEX B 
PROVISIONAL DUTIES IMPOSED DURING ANT I-DUMPING AND 
ANT I-SUBS IDY INVESTI GAT IONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin Document OJ reference 
Car radios S. Korea Commission Reg. 
(EEC)No. 313/92 
04.02.92 L34.11.02.92 
p. 8 
Semi-finished 
products of 
a Iloy steel Turkey Commission Dec. 
891/92/ECSC 
30.03.92 L95,09.04.92 
p. 26 
Seml-finished 
products of 
a Iloy steel Brazil Commission Dec. 
891/92/ECSC 
30.03.92 L95.09.04.92 
p. 26 
Si I icon metal 
Potassium*1) 
chloride 
(potash) Brazil Commission Reg. 
(EEC)No. 906/92 
30.03.92 
Belarus Commission Reg. 
(EEC)No. 1031/92 
23.04.92 L96,10.04.92 
p. 17 
L110,28.04.92 
p. 5 
Potassium(l) 
chlor ide 
(potash) Russia Commission Reg. 
(EEC)No. 1031/92 
23.04.92 L110.28.04.92 
p. 5 
Potass iumd) 
chlor ide 
(potash) Ukraine Commission Reg. 
(EEC)No. 1031/92 
23.04.92 L110.28.04.92 
p. 5 
Electrolytic 
capacitors Japan Commission Reg. 
(EEC)No. 1451/92 
02.06.92 L152.04.06.92 
p. 22 
Ferro-siI icon Poland Commission Reg. 
(EEC)No. 1808/92 
30.06.92 L183.03.07.92 
p. 8 
Ferro-siI Icon Egypt Commission Reg. 
(EEC)No. 1808/92 
30.06.92 L183.03.07.92 
p. 8 
(1) Investigation originally opened against the U.S.S.R. as one country 
- Aos-
ANNEX B (continued) 
PROVISIONAL DUTIES IMPOSED DURING ANT I-DUMPING AND 
ANT I-SUBSIDY INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY 31 DECEMBER 1992 
Product Country of 
origin Document OJ reference 
Synthetic fibres 
of polyester India Commission Reg. 
(EEC)No. 1956/92 
07.07.92 L197.16.07.92 
p. 25 
Synthetic fibres 
of polyester S. Korea Commission Reg. 
(EEC)No. 1956/92 
07.07.92 L197,16.07.92 
p. 25 
Outer rings of 
TBR (cups) Japan Commission Reg. 
(EEC)No. 1994/92 
18.07.92 L199,18.07.92 
p. 8 
DRAMs S. Korea Commission Reg. 
(EEC)No. 2686/92 
16.09.92 L272,17.09.92 
p. 13 
Deadburned 
magnes I a P.R. China Commission Reg. 
(EEC)No.2799/92 
25.09.92 L282.26.09.92 
p. 15 
Magnesium oxide P.R. China 
(caustic magnesite) Commission Reg. 
(EEC)No.2800/92 
25.09.92 L282.26.09.92 
p. 23 
Seamless steel 
and iron tubes CSFR Commission Reg. 
(EEC)No.3296/92 
12.11.92 L328.14.11.92 
p. 15 
Seamless steel 
and iron tubes Hungary Commission Reg. 
(EEC)No.3296/92 
12.11.92 L328.14.11.92 
p. 15 
Seamless steel 
and iron tubes PoI and Commission Reg. 
(EEC)No.3296/92 
12.11.92 L328,14.11.92 
p. 15 
Seamless steel 
and iron tubes*1) Croatia Commission Reg. 
(EEC)No.3296/92 
12.11.92 L328,14.11.92 
p. 15 
(1) This investigation was opened with regard to Yugoslavia. The same 
regulation terminated the proceeding with regard to Serbia, 
Montenegro, Macedonia, Bosnia-Herzegovina and Slovenia. 
_ y\.Q<Q -
ANNEX C 
INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of poçumept 
prlgln OJ reference 
Thermal paper*1) Japan 
Cotton yarn BraziI 
Cotton yarn Turkey 
Polyester yarns Taiwan 
Polyester yarns Indonesia 
Polyester yarns India 
Polyester yarns P.R. China 
Polyester yarns Turkey 
Semi-f inishedd) Turkey 
products of 
a Iloy steel 
Semi-finished Brazil 
products of 
a Iloy steel (EEC)No. 729/92 
16.03.92 
(EEC)No. 738/92 
23.03.92 
(EEC)No. 738/92 
23.03.92 
(EEC)No. 830/92 
30.03.92 
(EEC)No. 830/92 
30.03.92 
(EEC)No. 830/92 
30.03.92 
(EEC)No. 830/92 
30.03.92 
(EEC)No. 830/92 
30.03.92 
1775/92/ECSC 
30.06.92 
1775/92/ECSC 
30.06.92 L81, 26.03.92, p. 
L82, 27.03.92, p. 
L82, 27.03.92, p. 
L88, 03.04.92, p. 
L88, 03.04.92, p. 
L88, 03.04.92, p. 
L88, 03.04.92, P. 
L88, 03.04.92, p. 
L182, 02.07.92,p.23 
L182, 02.07.92,p.23 
(1) Includes acceptance of certain undertakings 
_ Ao^-
ANNEX C (continued) 
INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product 
Sheets and2) 
plates of iron 
or steel 
Sheets and2) 
plates of iron 
or steel 
Sheets and(2) 
plates of iron 
or steel 
Sheets and(2) 
plates of iron 
or steel Country of Document 
origin 
Slovenia Com.Dec.No.2297/ 
92/ECSC 
31.07.92 
Macedon i a Com.Dec.No.2297/ 
92/ECSC 
31.07.92 
Montenegro Com.Dec.No.2297/ 
92/ECSC 
31.07.92 
Serbia Com.Dec.No.2297/ 
92/ECSC 
31.07.92 OJ reference 
L221, 06.08.92,p.36 
L221, 06.08.92,p.36 
L221, 06.08.92,p.36 
L221, 06.08.92,p.36 
Si I icon metal 
Car radios 
Potassium3) 
chloride 
(potash) 
Potassium(3) 
chloride 
(potash) 
Potassium(3) 
chloride 
(potash) Brazil 
S. Korea 
Belarus 
Russ i a 
Ukraine 
Fer ro-s111 con4) PoI and 
Ferro-siIicon(4) Egypt (EEC)No. 2305/92 
04.08.92 
(EEC)No. 2306/92 
04.08.92 
(EEC)No. 3068/92 
23.10.92 
(EEC)No. 3068/92 
23.10.92 L222, 07.08.92,p.1 
L222, 07.08.92,p.8 
L308, 24.10.92,p.41 
L308, 24.10.92,p.41 
(EEC)No. 3068/92 L308, 24.10.92,p.41 
23.10.92 
(EEC)No. 3642/92 L369, 18.12.92,p.1 
14.12.92 
(EEC)No. 3642/92 L369, 18.12.92,p.1 
14.12.92 
2) ''"'"• ^IhVést igat ion'^br' Iglna liy'"opened wi th regard Goethe ^former 
Yugoslavia as one country. 
3) Investigation originally opened with regard to the former U.S.S.R. 
as one country. 
4) Includes acceptance of certain undertakings. 
- A<0&~ 
ANNEX D 
INVESTIGATIONS CONCLUDED ON A FINDING OF NO DUMPING 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of Document OJ reference 
prlgln 
Cotton yarn Egypt Com.Dec.92/179/EEC L82, 27.03.92, p.70 
ANNEX E 
INVESTIGATIONS CONCLUDED ON A FINDING OF NO INJURY 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of Document 
origin OJ reference 
Dlhydrostrepto­
mycln 
Audio tapes on 
reels 
Audio tapes on 
reels 
Audio tapes on 
reels Japan 
Japan 
S. Korea 
Hong Kong Com.Dec.92/61/EEC 
27.01.92 
Com.Dec.92/62/EEC 
27.01.92 
Com.Dec.92/62/EEC 
27.01.92 
Com.Dec.92/62/EEC 
27.01.92 L28, 04.02.92 
P. 23 
L28, 04.02.92 
p. 25 
L28, 04.02.92 
p. 25 
L28, 04.02.92 
p. 25 
ANNEX F 
INVESTIGATIONS CONCLUDED FOR OTHER REASONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of Document 
prlgln OJ reference 
Merchant bars 
and rods of 
a Iloy steel 
Pig iron 
Wire rod 
Wire rod 
Wire rod 
Wire rod 
Wire rod*D 
Wire rod(1) 
Wire rodd) 
Wire rodd) 
Wire rodd) 
Wire rodd) Turkey 
Turkey 
Argentina 
Egypt 
Trinidad & 
Tobago 
Turkey 
BosnI a 
Herzegovina 
Croatia 
Slovenia 
Y.R. Mace­
donia 
Y.R. Monte­
negro 
Y.R. Serbia Com.Dec.323/92/ECSC L35, 12.02.92 
07.02.92 p. 12 
Com.Dec.423/ECSC 
07.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 
Com.Dec.92/455/ECSC 
31.08.92 L230, 13.08.92 
p. 30 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
L256, 02.09.92 
p. 13 
(1) This case was opened against Yugoslavia as one country. 
ANNEX G 
INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT 
DURING THE PERIOD 1 JANUARY 1988 - 31 DECEMBER 1992 
Country of origin 1988 1989 1990 1991 1992 
Albania 
Argentina 
Austria 
Belarus 
Brazil 
Bulgaria 
China P.R. 
Czechoslovakia 
Egypt 
Fini and 
GeorgI a 
Hong Kong 
Hungary 
India 
Indones i a 
Japan 
Kazakhstan 
Korea S. 
Lithuania 
Macao 
Malaysia 
Norway 
Poland 
Roman i a 
Russ i a 
Singapore 
South Africa 
Sweden 
Taiwan 
Tha iI and 
Trinidad & Tobago 
Tun I s i a 
Turkey 
Turkmenistan 
Ukraine 
USA 
USSR 
Uzbekistan 
VenezueI a 
YugosIav i a 
40 27 43 20 39 
- AAX-
ANNEX H 
INVESTIGATIONS INITIATED BY PRODUCT SECTOR 
DURING THE PERIOD 1 JANUARY 1988 TO 31 DECEMBER 1992 
Product 1988 1989 1990 1991 1992 
ChemicaI and allied 13 6 8 4 10 
Textiles and allied 9 14 
Wood and paper 2 - - 1 -
Electronics 4 4 1 5 13 
Other mechanical 6 3 6 4 
eng i neer i ng 
Iron and Steel 4 2 9 6 3 
(EEC & ECSC) 
Other metals 10 2 3 - 5 
Other 112-8 
40 27 43 20 39 
,-AA3-
ANNEX I 
REVIEWS OF ANTI-DUMPiNG^AND ANT I-SUBS IDY INVESTI GAT IONS OPENED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin OJ reference 
Typewriter ribbons 
(pure si Ik) 
DRAMs 
Nuts of iron or steel 
Disposable lighters 
Video cassettes 
Binder and baler twine 
Binder and baler twine 
Ferro-siI icon 
Ferro-siI icon 
Ferro-siI icon 
Ferro-siI Icon 
Ferro-siI Icon 
Ferro-siI Icon 
Ferro-siI icon P.R. China 
Japan 
Taiwan 
P.R. China 
Hong Kong 
Brazil 
Mexico 
USSR 
Iceland 
Norway 
Sweden 
Venezuela 
YugosIav i a 
Brazil C12, 18.01.92 
p. 5 
C50, 25.02.92 
p. 3 
C53, 28.02.92 
P. 4 
C62, 11.03.92 
P. 2 
C87, 08.04.92 
p. 9 
C111, 30.04.92 
p. 11 
C111, 30.04.92 
p. 11 
C115, 06.05.92 
P. 2 
C115, 06.05.92 
P. 2 
C115, 06.05.92 
P. 2 
C115, 06.05.92 
P. 2 
C115, 06.05.92 
P. 2 
C115, 06.05.92 
P. 2 
C115, 06.05.92 
P. 2 
- AA\\-
ANNEX 1 (continued) 
REVIEWS OF ANT I-DUMPING AND ANT I-SUBSIDY INVESTIGATIONS OPENED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin OJ reference 
EPROMs 
Ball-bearings mini*1) 
Outboard motors 
Photocopiers 
Cotton yarn 
Cotton yarn 
Monosodium glutamate 
Monosodium glutamate 
Monosodium glutamate 
Monosodium glutamate 
Calcium metal 
Calcium metal 
Polyester yarns Japan 
Thai land 
Japan 
Japan 
Brazil 
Turkey 
Indonesi a 
Thai land 
Taiwan 
S. Korea 
P.R. China 
Russ i a 
India C181.17.07.92 
P. 7 
C182.18.07.92 
p. 6 
C204.12.08.92 
P. 4 
C207,14.08.92 
p. 16 
C244.23.09.92 
p. 14 
C244.23.09.92 
p. 14 
C286.04.11.92 
p. 3 
C286.04.11.92 
p. 3 
C286.04.11.92 
p. 3 
C286.04.11.92 
p. 3 
C298.14.11.92 
p. 3 
C298.14.11.92 
p. 3 
C339.22.12.92 
P. 2 
(1) Countervailing review investigation. 
_ AAS~-
ANNEX J 
REVIEWS OF ANT I-DUMPING AND ANT I-SUBSIDY MEASURES 
CONCLUDED BY THE AMENDMENT OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
origin Document OJ reference 
Video cassette 
tapes Hong Kong 
Si I icon metal*1) P.R. China Counc iI Reg. 
(EEC) No. 1292/92 
18.05.92 
Counc iI Reg. 
(EEC) No. 1607/92 
29.06.92 L139. 22.05.92 
P. 1 
L170. 25.06.92 
P. 1 
Video cassette 
tapes Hong Kong Counc11 Reg. 
(EEC) No. 1769/92 
29.06.92 L182, 02.07.92 
p. 6 
Ball bearings 
>30mm Japan Counc iI Reg. 
(EEC) No. 2849/92 
28.09.92 L286, 01.10.92 
P. 2 
DRAMS Japan Counc iI Reg. 
(EEC) No. 2967/92 
12.10.92 L299, 15.10.92 
P. 4 
Monosodium 
glutamate Indones1 a Counc11 Reg. 
Com.Dec.92/493/EEC 
12.10.92 L299, 15.10.92, 
p. 40 
Synthetic fibres 
of polyester Roman I a Counc iI Reg. 
(EEC) No. 3017/92 
19.10.92 L306, 22.10.92 
P. 1 
Synthetic fibres 
of polyester Taiwan Counc iI Reg. 
(EEC)No. 3017/92 
19.10.92 L306, 22.10.92 
P. 1 
Synthetic fibres Turkey 
of polyester Counc11 Reg. 
(EEC)No. 3017/92 
19.10.92 L306, 22.10.92 
P. 1 
(1) Additional duty following review under article 13(11) 
--lAé~ 
ANNEX J (continued) 
REVIEWS OF ANT I-DUMPING AND ANT I-SUBSIDY MEASURES 
'"CONCLUDED BY "THE ^AMENDMENT OF DEF INI TA VE« DUT I ES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Synthetic fibres 
of polyester*2) Y.R. Serbia Council Reg. 
(EEC)No. 3017/92 
19.10.92 L306, 22.10.92 
P. 1 
Synthetic fibres 
of polyester(2) Y.R. Monte- Council Reg. 
negro (EEC)No. 3017/92 
19.10.92 L306, 22.10.92 
P. 1 
Synthetic fibres 
of polyester(2) Y.R. Macedo- Counc11 Reg. 
nla (EEC)No. 3017/92 
19.10.92 L306, 22.10.92 
P. 1 
Video cassette 
tapes Hong Kong Counc iI Reg. 
(EEC)No.3498/92 
19.10.92 L354, 04.12.92 
P. 1 
(2) Original investigation and review opened against the former 
Yugoslavia as one country. 
—AA^--
ANNEX K 
REVIEWS OF ANT I-DUMPING AND ANT I-SUBSIDY MEASURES 
CONCLUDED BY THEIMPOSITION OF DEFINITIVE DUTIES 
IN LIEU OF PRICE UNDERTAKINGS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Sheets and 
plates of iron 
or steel*1) Slovenia Com.Dec.No.2297/ 
92/ECSC 
19.10.92 L221, 06.08.92 
p. 36 
Sheets and 
plates of iron 
or steeld) 
Sheets and 
plates of iron 
or steeld) 
Sheets and 
plates of Iron 
or steeld) MacedonI a Com.Dec.No.2297/ 
92/ECSC 
19.10.92 
Montenegro Com.Dec.No.2297/ 
92/ECSC 
19.10.92 
Serbia Com.Dec.No.2297/ 
92/ECSC 
19.10.92 L221, 06.08.92 
p.36 
L221, 06.08.92 
p. 36 
L221, 06.08.92 
p. 36 
(1) Investigation originally opened with regard to the former 
Yugoslavia as one country. 
ANNEX L 
REVIEWS OF ANT I-DUMPING AND ANT I-SUBSIDY MEASURES 
CONCLUDED BY THE AMENDMENT OF PRICE UNDERTAKINGS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of 
Origin Document OJ reference 
Container 
corner fittings Austria Com.Dec. 92/313/EEC 
13.06.92 L165, 19.06.92, p.37 
- AA<\ 
ANNEX M 
REVIEWS OF ANT I-DUMPING AND ANT 1-SUBSIDY MEASURES CONCLUDED BY 
THE REPEAL OR EXPIRY OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product Country of Document 
Prlgln OJ reference 
Sheets and Mexico 
plates of iron 
or steel 
Sheets and*1) Croatia 
plates of iron 
or steel 
Sheets and Bosnia-
plates of iron 
or steeld) 
Synthetic fibres Mexico 
of polyester 
Synthetic fibres U.S.A. 
of polyester 
Nuts of iron*2) Taiwan 
and steel Com.Dec.322/92/ECSC L35, 12.02.92 
07.02.92 p. 9 
Com.Dec.No.2297/92 L221, 06.08.92 
92/ECSC 
31.07.92 p. 36 
Com.Dec.No.2297/92 L221, 06.08.92 
Herzegovina 92/ECSC 
31.07.92 
Counc iI Reg. 
(EEC)No.3017/92 
19.10.92 
Counc iI Reg. 
(EEC)No.3017/92 
19.10.92 
Counc iI Reg. 
(EEC)No.1948/92 
31.07.92 p. 36 
L306, 22.10.92 
P. 1 
L306, 22.10.92 
P. 1 
L197, 16.07.92 
P. 1 
(1) Original investigation and review opened against the former 
Yugoslavia as one country. 
(2) Special duty not imposed in accordance with Reg. (EEC) No.2423/88, 
- A£_o~ 
ANNEX N 
ANT I-DUMPING AND ANT I-SUBSIDY MEASURES ANNULLED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Prpduçt, Country of 
origin QJ reference 
Calcium metal P.R. China 
Calcium metal U.S.S.R. C174, 10.07.92 
p. 20 
C174, 10.07.92 
p. 20 
- Al.*-
ANNEX 0 
ANT I-DUMPING AND ANT I-SUBSIDY MEASURES WHICH EXPIRED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1992 
Product 
Deep freezers2) 
Housed bearing 
units3) 
Electric motors4) 
Electric motors4) 
Electric motors4) 
Electric motors4) 
Electric motors4) 
Electric motors5) 
Copper Sulphate6) 
Copper Sulphate6) 
Copper Sulphate6) 
Urea7) 
Pentaerythritol8) 
Pentaerythrltol8) 
Ferro-si11 co-
calcium9) 
Mercury1°) Country of 
origin 
U.S.S.R. 
Japan 
Bulgaria 
C.S.F.R. 
Hungary 
U.S.S.R. 
Roman i a 
YugosIavI a 
C.S.F.R. 
Hungary 
PoI and 
Libya 
Canada 
Sweden 
Brazil 
U.S.S.R. Type Of 
measure 
Duty 
Duty 
Duty 
Duty 
Duty 
Duty 
Undertaking 
Duty 
Duty 
Duty 
Undertaking 
Duty 
Duty 
Undertaking 
Duty 
Duty OJ reference1) 
L6, 08.01.87 
L35, 06.02.87 
L83, 27 
L83, 27 
L83, 27, 
L83, 27 
L83, 27, 
L218.07, 
L235,20, 
L235.20, 
L235.20, 
L317.07. 
L321.11. 
L321.11. 
L322.12. 03.87 
03.87 
03.87 
03.87 
03.87 
08.87 
08.87 
08.87 
08.87 
11.87 
11.87 
11.87 
11.87 
L346,10.12.87 
1) The OJ reference 
2) Notice of expiry 
3) Notice of expiry 
4) Notice of expiry 
5) Notice of expiry 
6) Notice of expiry 
7) Notice of expiry 
8) Notice of expiry 
9) Notice of expiry 
of expiry 10) Notice Is to the imposition of the measure, 
was published In OJ No C 7, 11.01.92, p. 7 
was published In 0J No C 33, 11.02.92, p. 5 
was published in OJ No C 80, 31.03.92, p. 7 
was published in 0J No C203, 11.08.92, p.15 
was published in 0J No C218, 25.08.92, p.15 
was published in OJ No C294, 10.11.92, p.15 
was published in 0J No C296, 12.11.92, p. 5 
was published in 0J No C297, 13.11.92, p. 4 
was published in 0J No C328, 12.12.92, p. 4 
-Ail-
ANNEX P 
ANT I-DUMPING AND ANT I-SUBSIDY CASES BEFORE 
THE EUROPEAN COURT OF JUSTICE IN 1992 
Case 171/87 
Case 172/87 
Case 174/87 
Case 175/87 
Case 176/87 
Case 177/87 
Case 178/87 
Case 179/87 Canon Inc. v. Counc11 *1) 
Mita Industrial Co. Ltd. v. Counci1(1) 
R i coh Company v. Counc11(1) 
Matsushita Electrical Industrial Co. Ltd.d) 
and Matsushita Electric Trading Co. Ltd. 
v. Counc iI 
Konishiroku Photo Industry Co. Ltd. v.(1) 
Counc iI 
Sanyo Electric Co. Ltd. v. Counc11(1) 
Minolta Camera Co. Ltd. v. Counc11(1) 
Sharp Corporation v. Counci1(1) 
Case 188/88 NMB (Deutschland) GmbH and others v. 
Commissiond) 
Case 193/89 
Case 358/89 
Case 104/90 
Case 105/90 Venezolana de NItrogeno C.A. (Nitroven) and 
Petroquimica de Venezuela v. Council*2) 
Extramet Industrie S.A. v. Council*3) 
Matsushita Electrical Industrial Co. Ltd. v, 
Counc11 
Goldstar Co. Ltd. v. Council*4) 
(1) Judgement rendered on 10.03.92 
(2) Case removed from register on 4.02.92 
(3) Judgement rendered on 11.06.92 
(4) Judgement rendered on 13.02.92 
-A^-b-
ANNEX P (continued) 
ANT I-DUMPING AND ANT I-SUBSIDY CASES BEFORE 
THE EUROPEAN COURT OF JUSTICE IN 1992 
Case 337/90 
Case 124/91 
Case 136/91 
Case 216/91 
Case 223/91 
Case 224/91 
Case 61/92 
Case 75/92 
Case 90/92 
Case 346/92 
Case 423/92 Musso and Parker v. Hauptzollamt Gronau*1) 
Phoenix Electric Co. Ltd. v. Council 
Find Iing Wâlzlager HandeIs-Gmbh. v. 
Hauptzollamt Karlsruhe 
Rima Eletrometalurgla S.A. (RIMA) v. Council 
AJinomoto Co. Inc. v. Council 
The Nutrasweet Company v. Council 
SInochem He iIong j1ang v. Counc11 
Gao Yao (Hong Kong) Hua Fa Industrial 
Company Ltd. v. Council 
Dr. Tretter GmbH and Co. v. Hauptzollamt 
Stuttgart Ost. 
NMB France Sari and others v. 
Commission 
NTN Corporation v. Council 
(1) Case removed from register 
-Allj-
ANNEX Q 
ANT I-DUMPING MEASURES IN FORCE AS AT 31 DECEMBER 1992 
Product Or loin 
Acrylic fibres Mexico Measure Reçu I at i on/Dec i s Ion Pub Iicat ion 
duty Council Reg. 
undertakings (EEC)No.3121/89 
16.10.89 OJ L 301 
19.10.89,p.1 
Artificial 
corundum 
Asbestos cement 
pipes 
Aspartame P.R.China undertakings Com.Dec. 91/512/EEC OJ L 275 
C.S.S.R. 23.7.91 02.10.91,p.27 
Hungary 
PoI and 
U.S.S.R. 
BraziI 
Yugoslavia 
Turkey 
Japan 
U.S.A. undertakings Com.Dec.91/392/EEC OJ L 209 
duties 21.06.91 
CounclI Reg. 
(EE01391/91 
27.5.91 31.7.91,p.37 
OJ L 134 
29.5.91,p. 1 
Audio tapes in 
cassettes 
Bal I bearings 
(miniature) Japan 
S. Korea 
Japan 
Singapore 
Thai land 
Bal I bearings 
(tapered rol1er) 
Ball bearings 
(>30mm) Japan 
Japan duties 
duties Counc11 Reg. 
(EEC)No.1251/91 
13.5.91 OJ L 119 
14.5.91,p.35 
Counc11 Reg. 0J L 256 
(EEC)No.2685/90 20.09.90,p.1 
17.09.90 
undertakings Com.Dec.90/266/EEC OJ L 152 
Barium chloride P.R. China (countervaiIing)13.6.90 
duties CounciI Reg. 
(EEC)No.2934/90 
09.10.90 
dut i es Counc11 Reg. 
(EEC)No.1739/85 
dut Ies Counc11 Reg. 
(EEC)No.2849/92 
28.09.92 
dut i es Counc11 Reg. 
(EEC)No.541/91 
4.3.91 16.6.90,p.59 
OJ L 281 
12.10.90,p. 1 
OJ L 167 
27.6.85, p.3 
OJ L 286 
01.10.92, p.2 
OJ L 60, 
7.3.91,p.1 
- A3LS*-
Car radios S. Korea - 2 
duties Counc11 Reg. 
(EEC)No.2306/92 
04.08.92 OJ L 222 
07.08.1992,p.8 
Compact disc 
players Japan 
S. Korea duty Counc11 Reg. 
(EEC)No. 112/90 
16.1.1990 0J L 13 
17.1.1990,p.21 
Container corner 
fittings 
Copper sulphate Austria undertakings Com.Dec.92/313/EEC 0J L 165 
Bulgaria duties 
U.S.S.R 13.06.92 
Counc iI Reg. 
(EEC)No.176/89 
23.1.89 19.6.92,p.37 
0J L 23 
27.1.89,p.1 
Cotton yarn Brazil 
Turkey duties Counc i i Reg. 
(EEC)No.738/92 
23.3.92 0J L 82 
27.3.92,p.1 
Cycle chains P.R. China duty Counc iI Reg. 
(EEC)NO.1198/88 
25.4.88 OJ L 115 
3.5.88,p.1 
Cycle tyres and 
tubes 
Daisy wheel 
printers S. Korea undertakings 
Taiwan 
Japan duty Com.Dec.88/305/EEC OJ L 134 
27.5.88 31.5.88,p.61 
Counc iI Reg. 
(EEC)No.34/89 
5.1.89 OJ L 5 
7.1.89,p.23 
Dicumyl peroxide Japan undertaking 
D i eseI engInes 
Dlhydrostrepto­
mycln Finland undertakings 
Sweden 
P.R. China duties Com.Dec.89/573/EEC OJ L 317 
30.10.89 31.10.89,p.49 
Com.Dec.90/138/EEC OJ L 76 
16.03.90 
Counc iI Reg. 
(EEC)No.3836/91 
19.12.91 22.3.90,p.28 
OJ L 362 
31.12.91,p. 1 
D R A M's Japan undertakings 
undertaking 
duties Commission Reg. 
(EEC)No.165/90 
23.1.90 
Commission Dec. 
92/494/EEC 
12.10.92 
Counc iI Reg. 
(EEC)No.2112/90 
23.7.90 OJ L 20 
25.1.90,p.5 
OJ L 299 
15.10.92,p.43 
OJ L 193 
25.7.90,p.1 
\ 
-Al_6 
Electrolyte 
capacitors Japan 
Electronic type- Japan 
wr iters duty 
duty Counc iI Reg. 
(EEC)NO.3482/92 
30.11.92 
Counc iI Reg. 
(EEC)No.1698/85 
19.6.85 OJ L 353 
03.12.92,p.1 
OJ L 163 
22.6.85,p.1 
Electronic 
we IghIng 
scales Japan undertakings 
duty Com.Dec.88/300/EEC OJ L 128 
16.5.88 21.5.88,p.39 
Com.Dec.88/387/EEC OJ L 183 
11.7.88 14.7.88,p.39 
Com.Dec.88/424/EEC OJ L 203 
25.7.88 
Counc iI Reg. 
(EEC)No.1058/86 
8.4.86 28.7.88,p.25 
OJ L 97 
12.4.86,p.1 
EPROM's Japan undertakings 
duties 
undertakings OJ L 275 
16.10.85,p.5 Commission Reg. 
(EEC)No.2865/85 
14.10.85 
Com.Dec.88/398/EEC OJ L 189 
15.7.88 20.7.88,p.27 
Counc11 Reg. 
(EEC)No.577/91 
04.03.91 
Com.Dec.91/131/EEC OJ L 65, OJ L 65, 
12.03.91, p.1 
11.03.91 12.03.91 
Espadr11 les 
Ferroboron P.R. China duties 
Japan duties Counc11 Reg. 
(EEC)No.1812/91 
24.6.91 
Counc iI Reg. 
(EEC)No.2036/90 
16.7.90 OJ L 166, 
28.6.91, p. 1 
OJ L 187 
19.7.90, p. 1 
Ferrosi I icon Brazil duty 
undertakings 
U.S.S.R. undertakings Counc iI Reg. 0J L 111 
(EEC)No.1115/91 3.05.91,p.1 
29.4.91 
Com.Dec.91/240/EEC OJ L 111 
29.4.91 
Commission Reg. 
(EEC)No.2409/87 
6.8.87 3.05.91,p.47 
OJ L 219 
8.8.87,p.24 
Iceland undertakings 
Norway and res. duty 
Sweden 
VenezueI a 
YugosIavI a Commission Reg. 
(EEC)No.341/90 
5.2.90 OJ L 38 
10.2.90,p.1 
-A!*-
Egypt undertaking Commission Reg. 
92/331/EEC 
30.06.92 OJ L 183 
03.07.92,p.40 
Poland 
Egypt duty Counc11 Reg. 
(EEC)No.3642/92 
14.12.92 OJ L 369 
18.12.92,p.1 
Poland undertaking Commission Dec 
92/572/EEC 
14.12.92 OJ L 369 
18.12.92,p.32 
Glutamic acid 
(monosodium 
glutamate) Indonesia undertakings 
Korea 
Taiwan 
Thai land 
residual duty Commission Reg. 
(EEC)No.547/90 
2.3.90 
Counc11 Reg. 
(EEC)No.1798/90 OJ L 56 
3.3.90, p. 23 
OJ L 167 
30.6.90,p.1 
undertakings Commission Dec. 
92/493/EEC 
12.10.92 OJ L 299 
15.10.92,p.40 
Herbicide 
Lighters 
(disposable) Romania undertakings 
Japan duties 
P.R. China 
S.Korea 
Thai land Com.Dec.88/47/EEC 
26.1.88 
Counc11 Reg. 
(EEC)No.3433/91 
25.11.91 OJ L 26 
30.1.88,p.107 
OJ L 326, 
28.11.91,p.1 
Linear tungsten 
halogen lamps Tha11 and under takIng 
Japan duty Com.Dec.91/604/EEC OJ L 326, 
25.10.91 28.11.91,p.31 
Counc iI Reg. 0J L 14, 
(EEC)No. 117/91 19.01.91, p. 1 
16.01.91 
Methenamine 
(hexamethylene-
tetramine) Bulgaria undertakings 
C.S.S.R. 
PoI and 
Roman I a Com.Dec.90/196/EEC OJ L 104 
10.4.90 24.4.90, p.14 
Outboard 
motors Japan duty Counc11 Reg. 
(EEC)No.1305/87 
11.5.87 OJ L 124 
13.5.87,p.1 
undertakings Com.Dec.87/210/EEC OJ L 82 
23.3.87 26.3.87,p.36 
-Aî£~ 
Oxalic acid S. Korea duties 
Taiwan 
Brazil undertakings 
India duties 
P.R. China Counc iI Reg. 
(EEC)No.2089/88 
11.7.88 
Com.Dec.90/378/EEC 
13.7.90 
Counc iI Reg. 
(EEC)No.3434/91 
25.11.91 OJ L 184 
15.7.88,p.1 
OJ L 184 
17.7.90,p. 
OJ L 326 
28.11.91,p.6 
Paracetamol 
Photo albums 
Plain paper 
photocopiers P.R.China duty 
S. Korea undertakings 
Hong Kong 
Japan duty Counc iI Reg. 
(EEC)No.3923/88 
12.12.88 
Com.Dec.90/241/EEC 
22.5.90 
Counc iI Reg. 
(EEC)No.535/87 
23.2.87 OJ L 348 
17.12.88,p.1 
OJ L 138 
31.5.90, p.48 
OJ L 54 
24.2.87,p.12 
undertakings Com.Dec.87/135/EEC 
23.2.87 
Com.Dec.88/519/EEC 
17.10.88 
Com.Dec.88/638/EEC 
16.11.88 
Com.Dec.89/116/EEC 
23.12.88 
Com.Dec.89/309/EEC 
28.4.89 OJ L 54 
24.2.87,p.56 
OJ L 284 
19.10.88,p.60 
OJ L 355 
23.12.88,p.66 
OJ L 43 
15.2.89,p.54 
OJ L 126 
9.5.89,p.38 
Polyester fibres 
and yarns 
Polyester fibres 
(synthetic) 
Polyester yarns 
Polyolefin woven 
bags Turkey undertaking 
(counterva 11ing) 
South Korea duties 
Taiwan 
Turkey 
Taiwan duties 
IndonesI a 
India 
P.R. China 
Turkey 
P.R. China duties Com.Dec.91/511/91 
23.09.91 
Counc iI Reg. 
(EEC)No.3905/88 
12.12.88 
Counc11 Reg. 
(EEC)no.830/92 
30.03.92 
Counc11 Reg. 
(EEC)No.3308/90 
15.11.90 OJ L 272, 
28.9.91,p.92 
OJ L 347 
16.12.88,p.10 
OJ L 88 
03.04.92,p.1 
OJ L 318 
17.11.90,p.2 
Ai*}-
Potassium 
chlor ide Belarus 
Russia 
Ukraine duties Counc iI Reg. 
(EEC)No.3068/92 
23.10.92 OJ L 308 
24.10.92,p.41 
Potassium 
permanganate P.R.China duty Counc iI Reg. 
(EEC)No.1531/88 
31.5.88 OJ L 138 
3.6.88,p.1 
C.S.S.R. duty Counc i i Reg. 
(EEC)No.385/90 
12.2.1990 0J L 42 
16.2.90,p.1 
Semi-finished 
products of 
alloy steel Brazil duty 
Turkey undertaking ComDec1775/92/ECSC OJ L 182 
30.06.92 02.07.92,p.23 
Serial impact 
dot matrix 
printers Japan duty Counc11 Reg. 
(EEC)No.3651/88 
23.11.88 0J L 317 
24.11.88,p.33 
undertakings Com.Dec.89/596/EEC OJ L 340 
13.10.89 23.11.89,p.25 
Sheets and plates Slovenia duty 
of iron or 
steel MacedonI a 
Montenegro 
Serbia Com.Dec. 
2297/92/ECSC 
31.07.92 OJ L 221 
06.08.92,p.36 
Si I icon carbide Norway undertakings 
Poland 
P.R. China 
U.S.S.R Com.Dec.86/497/EEC OJ L 287 
7.10.86 10.10.86,p.25 
Si I icon metal P.R. China duty 
add it iona 
duty 
BraziI duty Counc11 Reg. 
(EEC)No.2200/90 
27.7.90 
Counc11 Reg. 
(EEC)No.1607/92 
22.6.92 
(EEC)No.2305/92 
04.08.92 OJ L 198 
28.7.90, p.57 
OJ L 170 
25.6.92, p. 1 
07.08.92, p.1 
Sisal twine Brazil undertakings 
Mex i co Counc iI Dec. OJ L 34 
87/66/EEC.19.1.87 5.2.87,p.55 
Sodium 
carbonate Bulgaria duties 
Poland 
Roman I a Counc iI Reg. 
(EEC)No.1306/89 
11.5.89 OJ L 131 
13.5.89,p.4 
- Abo 
Steel, flat- Yugoslavia duty 
rolled, non-alloy Com.Dec.2031/89/ECSC OJ L 193 
6.7.89 8.7.89,p.11 
Steel sections Yugoslavia duties and 
(hot-rolled) Turkey undertakings 
Synthetic tex- Romania duties 
11 le fibres of Taiwan 
polyester Turkey 
Serbia 
Montenegro 
FYR Macedonia Com.Dec.3599/88/ECSC OJ L 313 
18.11.88 19.11.88,p.18 
Counc iI Reg. 
(EEC)No.3017/92 
19.10.92 OJ L 306 
22.10.92,p. 1 
Televisions S. Korea 
(smalI-screen colour) dut les 
P.R. China duties 
Hong-Kong Counc iI Reg. 
(EEC)No.1048/90 
25.04.90 
Counc iI Reg. 
(EEC)No.2093/91 
15.07.91 OJ L 107 
27.4.90,p.56 
0J L 195 
18.7.91,p.1 
Thermal paper Japan duties 
undertakings Counc i i Reg. 
(EEC)No. 729/92 
16.03.92 
Com.Dec.92/177/EEC 
16.03.92 0J L 81 
26.03.92,p.1 
0J L 81 
26.03.92,p.22 
Tungsten carbide P.R. China duties 
and fused tungsten 
carbide 
undertakings Counc iI Reg. 
(EEC)No.2737/90 
24.9.90 
Com.Dec.90/480/EEC 
24.9.90 OJ L 264 
27.9.90,p.7 
OJ L 264 
27.9.90,p.59 
Tungsten ores P.R. China duties 
and concentrates 
undertakings Counc iI Reg. 
(EEC)No.2735/90 
24.9.90 
Com.Dec.90/478/EEC 
24.9.90 OJ L 264 
27.9.90,p.1 
OJ L 264 
27.9.90,p.55 
Tungstic oxide 
and acid P.R. China duties 
undertakings Counc11 Reg. 
(EEC)No.2736/90 
24.9.90 
Com.Dec.90/479/EEC 
24.9.90 OJ L 264 
27.9.90,p.4 
OJ L 264 
27.9.90,p.57 
Typewr i ter 
rIbbons P.R. China undertakings Com.Reguiat ion 
(EEC)No.1937/90 OJ L 174 
4.7.90,p.27 
duties Counc iI Reg. 
(EEC)No.3200/90 
5.11.90 OJ L 306 
6.11.90,p.21 
-A-ÏA-
Urea Austria undertakings 
Hungary 
Ma 1 ays 1 a 
Roman 1 a Com.Dec.89/143/EEC OJ L 52 
21.2.89 24.2.89,p.37 
Video cassette 
recorders C.S.S.R undertakings 
Kuwait 
U.S.S.R 
YugosIavI a 
U.S.A. duties 
VenezueI a 
Video cassette 
tapes Japan 
S. Korea duties 
undertakings 
Hong Kong dut I es 
South Korea 
Hong Kong undertakings 
P.R. China duties 
Welded tubes Romania duties 
of iron or steel Yugoslavia Counc iI Reg. 
(EEC)No.3339/87 
4.11.87 
Counc iI Reg. 
(EEC)No.450/89 
20.2.89 
Counc11 Reg. 
(EEC)No.501/89 
27.2.89 
Counc11 Dec. 
89/148/EEC.27.2.89 
Counc11 Reg. 
(EEC)No.1768/89 
19.6.89 
Com.Dec.89/376/EEC 
19.6.89 
Counc iI Reg. 
(EEC)No.3091/91 
21.10.91 
Counc11 Reg. 
(EEC)No. 868/90 
2.4.90 OJ L 317 
7.11.87,p. 1 
OJ L 52 
24.2.89,p.1 
OJ L 57 
28.2.89,p.57 
OJ L 57 
28.2.89,p.61 
OJ L 174 
22.6.89,p.1 
OJ L 174 
22.6.89,p.30 
OJ L 293 
24.10.91,p.2 
OJ L 91, 
6.4.90, p.8 
Welded wire 
mesh Turkey 
VenezueI a undertakings 
duties 
Yugoslavia undertakings Com.Dec.90/166/EEC 
2.4.90 
Counc11 Reg. 
(EEC)No. 898/91 
8.4.91 
Com.Dec.91/256/EEC 
14.5.91 OJ L 91 
6.4.90, p.36 
OJ L 91 
12.4.91, p.1 
OJ L 123 
18.5.91,p.54 
A**>^-
ANNEX S 
DUMPING IS PROFITABLE FOR EXPORTERS. EVEN WHERE 
THEIR DOMESTIC PRICES ARE MADE AT A LOSS 
Imagine an exporter which produces 1000 units with fixed costs of 7,000 and a 
variable cost of 3 per unit, i.e. a breakeven price of 10. In a period where 
demand and prices fall, he can only sell 800 units on his home market at a price 
of 8.75, a level which would cover fixed costs but leave a loss of 2,400. In this 
position, dumping abroad would permit an exporter to : 
maintain employment and production by selling 800 domestically at a price 
of 8.75 and exporting the remaining 200 at the variable cost of 3, and all 
this without increasing his overall loss ; p_r_ 
maintain employment and production by selling 800 domestically at a price 
of 8.75, export the remaining 200 units at 6 and thus reduce his loss to 
1,800 ; PJL 
create more employment by increasing production to 1600 units, sell 800 
domesticily at a price of 8.75 and export 800 at 6, thus, through the 
increased production, reducing his breakeven level to 7.4 and making home 
sales profitable to the extent that they offset the losses on export 
sales, i.e. eliminate the overall loss. 
Thus, even if a local producer were as efficient as the exporter initially, the 
dumper's attack would quickly propel him into a situation of falling prices, 
declining sales and increasing costs. However, the battle was not taking place on 
a level playing field. The options available to the exporter stemmed, not from 
comparative advantage, but from market segregation and the fact that fixed costs 
could be covered on home sales. 
ISSN 0254-1475 
COM(93) 516 final 
DOCUMENTS 
EN 02 
Catalogue number : CB-CO-93-551-EN-C 
ISBN 92-77-59999-5 
Office for Official Publications of the European Comniiinities 
LP2985 Liixembourg