COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 231 final 
Brussels, 24 June 1991 
t_- ^.. Proposal for a 
COUNCIL REGULATION (EEC! 
imposing a definitive anti-dumping duty on imports of 
small-screen colour television receivers originating in 
Hong Kong and the People's Republic of China and 
collecting definitively the provisional duty 
(presented by the Commission) 
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EXPLANATORY M5MQRANPUM 
1. By Regulation (EEC) No 129/91 the Commission Imposed a provisional 
anti-dumping duty on imports of small screen colour television 
receivers (hereafter SCTVs) originating In Hong Kong and the People's 
Republic of China. That duty was extended for a maximum period of two 
months by Regulation (EEC) No 250/91. 
2. Following the imposition of provisional measures, the Commission has 
continued its investigation and has examined the arguments of the 
complainants and exporters which have demanded to be heard. 
3. The findings made on dumping have, in general, been confirmed although 
some adjustments have been made in response to arguments and data 
presented by the parties. The most Important was that some 
adjustments were made for differences in physical characteristics for 
some models Imported from the People's Republic of China. 
4. Provisional findings that the Community SCTV Industry has suffered 
material Injury in terms of loss of sales volume and market share, 
price undercutting, loss of profitability, accelerated relocation of 
production with consequent loss of employment, were confirmed. It was 
also confirmed that the dumped imports from Hong Kong and the People's 
Republic of China had, in isolation, caused material Injury to the 
Community SCTV Industry. Injury thresholds were calculated on the 
basis of the undercutting found, expressed at a c.i.f. level. 
5. In the provisional findings, dumping margins were established for the 
Chinese exporters Individually. As the Chinese exporters cannot 
independently fix the conditions for exporting their products, the 
Commission considers appropriate to establish one dumping margin and 
one duty for all Chinese exporters. Additionally, it is considered 
that Individual duties could lead to circumvention of the duties as 
all exports are controlled by a single body. 
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However for two of the exporters which are Joint ventures with 
Japanese participation, it was established that they cou id freely fix 
their export prices and therefore Individual dumping margins and 
duties were determined for them. 
6. It is also confirmed - no new facts or arguments having been preser,u;o 
- that it is In the Community's interest to eliminate the injurious 
effects of the dumping determined. The benefits of such protection 
for the current viability and future development of the Community SCTV 
industry outweigh the temporary disadvantages to consumers of limited 
price Increases for certain Imported SCTVs. 
7. It Is proposed therefore to Impose definitive ant I-dumping duties 
ranging from 2.1% to 4.8% on SCTVs from Hong Kong and from 7.5% to 
15.3% on SCTVs from the People's Republic of China. 
It Is also proposed that the amounts secured by way of the provisional 
duty should be collected up to the levels of the definitive duties 
fInalI y determined. 
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Proposal for a 
COUNCIL REGULATION (EEC) 
imposing a definitive anti-dumping duty on imports of 
small-screen colour television receivers originating In 
Hong Kong and the People's Republic of China and 
collecting definitively the provisional duty 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on 
protection against dumped or subsidized imports from countries not members 
of the European Economic Community^1), and in particular Article 12 
thereof, 
Having regard to the proposal from the Commission submitted after 
consultation within the Advisory Committee as provided for under the above 
Régulât ion, 
Whereas: 
A. PROVISIONAL MEASURES 
(1) The Commission, by Regulation (EEC) No 129/91(2), (hereinafter the 
Provisional Duty Regulation), imposed a provisional anti-dumping 
duty on imports into the Community of small-screen colour television 
receivers (hereinafter referred to as SCTVs) originating In Hong 
Kong and the People's Republic of China and corresponding to CN code 
(1) OJ No L 209, 2.1.1988, p. 1. 
(2) OJ No L 14, 19.1.1991. p. 31. 
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S528 10 71. The Council, by Regulation (lEEC) No 1283/91<3> 
extended this duty for a period not exceeding two montre-* 
B. SUBSEQUENT PROCEDURE 
Following the imposition of the provisional anti-dumping duty, *' 
interested parties who so requested were granted an opportun sty to 
be heard by the Commission. They also made written submissions 
making known their views on the findings. 
Upon request, parties were informed of the essential facts and 
considerations on the basis of which it was intended to recommend 
the imposition of definitive duties and the definitive collection of 
amounts secured by way of a provisional duty. They were also 
granted a period within which to make representations subsequent to 
the disclosure. 
The oral and written comments submitted by the parties were 
considered and, where appropriate, the Commission's findings were 
modified to take account of them. 
Due to the complexity of the proceeding, in particular to the 
detailed verification of the voluminous data involved and the 
numerous arguments put forward, including the study of related 
issues which arose during the proceeding and which could not have 
been foreseen at its outset, the investigation could not be 
concluded within the normal time limit as was mentioned in Recital 5 
of the Provisional Duty Regulation. 
(3) OJ No L 122, 17.5.1991, p. 1. 
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C. PRODUCT UNDER CONSIDERATION 
ORIGIN FOR CUSTOMS PURPOSES 
In its provisional findings the Commission, subsequent to a claim 
made by a Hong Kong producer exporter and consistently with the 
conclusions in Council Regulation (EEC) No 1048/90<4) imposing 
definitive anti-dumping duties on imports of SCTVs originating in 
the Republic of Korea, decided to exclude from the scope of the 
proceeding SCTVs with a diagonal screen size of 15.5 cm (six inches) 
or less. 
As no objections by any of the interested parties have been made to 
this course of action, the Council confirms the conclusions 
contained in Recitals 6, 7 and 8 of the Provisional Duty Regulation, 
as well as the conclusions set out in Recitals 9 and 10 of that 
Regulation concerning the consideration of SCTVs produced by the 
Community industry, as like products to the SCTVs exported from Hong 
Kong and China and the origin of those SCTVs. No comments were 
received from interested parties on those conclusions. 
D. DUMPING 
a. Normal value 
For the purpose of definitive findings, normal value was, in 
general, established on the basis of the same methods as those used 
in the provisional determination of dumping, after taking into 
consideration new facts and arguments presented by the parties. 
(4) OJ No L 107, 27.4.1990, p. 56. 
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!) Hgpg Kçng 
One of the Hong Kong exporters claimed that normal value, which hid 
been established for OEM sales on the basts of the resale price of a 
related trading company to the first independent purchaser adjust*? 
by the allowable selling expenses - as mentioned In Recital 13 of 
the Provisional Duty Regulation - should have been established on 
the basis of the sales to the trading company which should be 
considered as unrelated, and that the commissions paid to the 
trading company should have been deducted from the normal value. 
The Commission considers that there is no Justification for treating 
the trading company as an unrelated company. The trading company 
and the producer are both fully owned subsidiaries of the same 
parent company. It does not perform any activities apart from 
trading and selling and carried out all the producer's sales of the 
product concerned in the domestic market during the reference 
period. Even if it was admitted that, as this exporter claims, the 
manufacturing company carried out certain selling activities, it 
would still be true that the trading company performed selling 
activities normally carried out by a sales department of the 
manufacturer and this would fully Justify its consideration as a 
related sales company. 
In these circumstances, the Commission confirms its consideration of 
the two companies as forming part of the same economic entity and 
its determination of normal value as described in Recital 13 of the 
Provisional Duty Regulation. 
The Council confirms these conclusions. 
Another Hong Kong exporter contested tho method used to establish 
the constructed values. It argued that the sales, general and 
administrative expenses and the profit which had been used in 
constructing the values, as explained in Recital 16 of the 
Provisional Duty Regulation, were excessive and did not adequately 
reflect its situation, mainly because the company whose SG & A 
expenses had been used was a Stock Exchange listed company and 
therefore required a larger and more specialized staff. 
The Commission considers that the arguments put forward by the 
exporter are not duly Justified. The mere a I legation that a Stock 
Exchange listed company requires a larger and more specialized staff 
than a comparable fully private Company cannot be considered 
sufficient argument to reduce the SG & A expenses used by the 
Commission on constructing the value. The investigation carried out 
by the Commission shows that this Company and the one of which the 
SG t A expenses were taken in order to construct the normal value, 
may be consi red comparable as far as costs and type of operation 
are concerned. No Justifiable argument to the contrary has been put 
forward. In any event, this latter Company was the only one with 
domestic sales on an OEM basis which could be considered 
representative since they exceeded 5% in volume of the sales on the 
same basis to the Community market. It was therefore considered 
that this Company's figures which were verified by the Commission, 
form the most reasonable basis for the addition of SG ft A expenses 
to manufacturing costs as provided for by Article 2(3)(b)(ii) of 
Regulation (EEC) No 2423/88. 
As far as profit is concerned, this exporter argued that the profit 
margin taken into consideration (i.e. 5%) should not be the same as 
the one which had been used in the previous investigation concerning 
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the Republic of Korea, the Hong Kong market being more competitive 
and having lower profit margins. The Commission considers that this 
argument neglects the fact that the Commission investigation, as 
indicated In Recital 15 of the Provisional Duty Regulation, showed 
that the profit margin of the soie Company with representative OEM 
sales in the domestic market exceeded the 5% profit margin retained. 
The Council confirms these conclusions. 
M) People's Republic of China 
10 No comments from any of the interested parties were received 
concerning the way in which the Commission had established normal 
values for all export sales from the People's Republic of China to 
the Community on the basis of the constructed values for comparable 
models manufactured in Hong Kong as set out in Recitals 17 and 18 of 
the Provisional Duty Regulation. 
The Council confirms these conclusions. 
b. Export price 
i) Hong Kong 
11 For purposes of the Provisional Duty Regulation the export prices 
were established on the basis of the prices paid or payable for 
export as all export sales were made either directly to unrelated 
importers or through unrelated trading companies in Hong Kong. No 
comments from any party have been made on this course of action and 
10 -
the Council confirms the conclusions of the Commission as set out in 
Recital 19 of the Provisional Duty Regulation. 
N) People's Republic of China 
12 The export prices for the Chinese exporters have been establI shed on 
the basis of prices paid or payable where no related importers were 
involved and on the basis of resale prices to the first independent 
buyer adjusted to take account of all costs incurred between 
Importation and resale including customs duties and a 10% profit on 
turnover where exports were made to related importers as was the 
case for FuJIan Hitachi Television Co Ltd and Huaquiang Sanyo 
Electronics Co ltd as described in Recitals 20 and 21 of the 
Provisional Duty Regulation. 
13 One of the exporters considered that the profit margin used in the 
construction of the export price could not be considered reasonable. 
In support of its consideration it was argued by the exporter that a 
5% profit margin had been used in previous proceedings Involving 
consumer products, that SCTVs were a mature and well established 
product, the 10% margin being therefore unrealistic, and that the 
margin of 10% was not adapted to the size and organization of the 
related importers Involved. 
The Commission notes, however, that it has been consistent in its 
approach with the methodology used in the previous investigation 
concerning SCTVs originating in the Republic of Korea. The 
Commission does not contest the fact that the current generation of 
SCTVs can be considered as a technologically-mature product but this 
does not preclude the fact that the SCTV sector was, during both 
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reference periods for the Korean and the Chinese and Hong Kong 
Investigation, quite buoyant and profitable for independent 
importers. In this respect, it should be noted that in the case of 
imports of another consumer electronic product whose investigation 
period corresponded in large part to that of the Korean 
investigation a rate higher than 10% was used for definitive 
determinations. 
The information collected and verified from independent Importers in 
the course of this proceeding has shown that the level of profit 
during the reference period did not depart significantly from that 
observed and used for definitive determinations In the Korean 
proceeding and therefore the use of a different profit rate was not 
Justified. As far as the size and the organisation of the related 
importer are concerned, the Commission retained the profit of one 
independent importer as explained in Recital 17 of Regulation (EEC) 
No 1048/90, whose structure and size are comparable to both the 
related importers Involved in that proceeding and those related 
importers involved In the present proceeding. This independent 
importer is of considerable size, is well established in the 
Community market, possesses an important network, deals with a wide 
product range and sells its products under a very well known brand 
name. These are obviously characteristics which are also common to 
the related importers and therefore the Commission considers that 
the size and organization aspects have been properly taken into 
account. 
In the light of these considerations and those set out in Recitals 
20, 21 and 22 of the Provisional Duty Regulation, the Council 
confirms the Commission's findings and conclusions. 
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c. ComparIson 
14 As explained in the Provisional Duty Regulation at Recitals 23 to 
27, all comparisons were made at the ex-works level for the exports 
originating in Hong Kong and at f.o.b. level for the exports 
originating in the People's Republic of China. For the purposes of 
ensuring a fair comparison between normal value and export prices, 
the Commission took account where appropriate of differences 
affecting price comparability, such as differences in physical 
characteristics and selling expenses, where a direct relationship 
between these differences and the sales under consideration could be 
satisfactorily demonstrated. Under the heading of selling expenses 
for export sales of Hong Kong exporters, adjustments were made for 
differences in commissions, transport, insurance, handling, loading 
and ancillary costs, payment terms, warranty expenses and salesmen's 
salaries and for export sales of Chinese exporters adjustments were 
made for differences in warranty expenses. 
i) Hong Kong 
15 One of the Hong Kong exporters disputed the calculations made by the 
Commission in the determination of the cost of transporting the 
exported product to the Community. The Commission informed this 
exporter in writing of the basis of its calculation. The same 
exporter also disputed the allowance made by the Commission for 
salesmen's salaries on the export price on the grounds that these 
were not true salesmen. The Commission informed the exporter in 
writing that the results of the investigation had shown that these 
salesmen were wholly involved in direct selling activities and 
explained the basis for the allocation made on calculating the 
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amount of the allowance, «o further comments on any of these points 
were received by the Commission. 
16 Another Hong Kong exporter claimed that a number of adjustments for 
differences in physical characteristics should have been made with 
regard to the model used in the calculation of the constructed value 
referred to in Recital 16 of the Provisional Duty Regulation. It 
alleged, in particular, that the model on which the constructed 
value had been based may have obtained approval in accordance with 
German certification practice and may have been equipped with an 
indoor rod antenna component. 
The Commission cannot accept this claim as it could not obtain 
confirmation as to whether the alleged certification and 
incorporation of antenna actually existed and,, if so, on what 
factual basis these adjustments should have been made and what 
impact those differences would have had on the price comparability. 
In any event, even if it was established that all mode is exported to 
Germany had obtained that approval, that all models were equipped 
with the indoor rod antenna component and that the costs indicated 
by this exporter were correct, the impact on the outcome of the 
investigation would be negligible. 
M> People's Republic of China 
17 The China Commercial Chamber of Audio-Video Products Exporters 
requested through its legal representative that a number of 
adjustments for physical characteristics be made on the models used 
in the calculation of the constructed value referred to in Recital 
17 of the Provisional Duty Regulation. In particular, the Chamber 
requested adjustments for the lack of cable tuner and earphone Jack 
and for the different number of preselections, differences in 
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sound output available and differences in outlook and design. The 
Commission, in view of the arguments presented by the Chamber, 
recognized that a cable tuner was a feature relevant to consumers in 
Hong Kong and agreed to make the appropriate adjustment. The rest 
of the claimed allowances could not, on the contrary, be accepted by 
the Commission as they did not prove to be duly Justified: 
the sound output available was considered not to be of 
relevance to consumers; 
a large majority of the units exported from the People's 
Republic of China were equipped with earphone Jacks; 
due to the limited number of channels available for viewing in 
Hong Kong during the reference period the discussed number of 
preselections was irrelevant and 
in so fr as the outlook was concerned, it appeared that the 
cost of manufacturing a conventionai-look receiver in Hong 
Kong was higher than that of a monitor-look receiver and that 
for comparable models of two of the Hong Kong exporters 
involved in the proceeding, the price of the conventionaI-look 
model was higher than that of the monitor-look model. 
For all those reasons, only the request for the cable tuner 
adjustment can be accepted by the Commission which must reject 
the other claims. 
The Council confirms these conclusions. 
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d. Dumping margins 
18 Export prices were compared on a transaction by transaction basis 
with normal values for each of the exporters concerned with the 
exception mentioned below. The final examination of the facts shows 
the existence of dumping in respect of SCTVs originating in Hong 
Kong and the People's Republic of China from all the exporters 
involved, the margin of dumping being equal to the amount by which 
the normal value as established exceeds the price for export to the 
Community. 
19 In its provisional findings contained in Recital 28 of the 
Provisional Duty Regulation, the Commission established five 
individual dumping margins for each of the Chinese exporters who had 
cooperated in the investigation. However, for the purposes of 
definitive findings, the Commission took the view that a single 
dumping margin should be established for all the Chinese exporters 
with the exception of the two Sino-Japanese Joint venture exporters. 
This is Justified by the fact that the Chinese exporters, even if 
they appear as independent companies which invoice their customers 
directly, have in fact a very limited, if any, degree of 
independence in their relationship with importers in other countries 
as they lack the possibility of establishing export prices and any 
other conditions or terms of sales by themselves. The three 
cooperating Chinese exporters (i.e. China Great Wall Industry 
Corporation, China National Electronics Import & Export Corporation 
and China National Light Industrial Products Import & Export 
Corporation) are members of the China Commercial Chamber of Audio 
and Video Products Exporters who acknowledged during the 
investigation that the export of SCTVs from all their members was 
made under their strict control. It was also declared by the 
Chamber that all exporters had to be members of the Chamber and that 
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only the Joint ventures could export and import products 
independently. 
In addition, the Commission considered that maintaining individual 
dumping margins for the Chinese exporters subject to the control of 
the Chamber could provide an opportunity for circumvention as 
exports to the Community could be channelled through the company 
with the lowest dumping margin. 
The lack of independence of these exporters in conducting their 
export policy is further confirmed by the fact that the 
representation of the three Chinese exporters in this proceeding has 
been carried out by the Chamber and its legal representatives which 
at all times have submitted Joint arguments and considerations for 
all three exporters without individualizing any positions. In these 
circumstances, the Commission considered that the establishment of 
three individual dumping margins led to purely arbitrary results 
which were net Justified and that a single dumping margin, obtained 
by comparing all export transactions of the three Companies with the 
normal values, should be established. All the cooperating Chinese 
exporters were informed by the Commission of its intention to follow 
this course of action. 
20 In so far as the other two Chinese exporters are concerned (i.e. the 
two Sino-Japanese Joint ventures) the Commission was able to 
establish to its satisfaction that these companies, even if they did 
not operate fully on a market economy basis, enjoyed a high degree 
of independence in their operations basically because they were able 
to import components and export finished products without control 
from the Chamber or from any other body. Furthermore, the fact that 
these companies were able to transfer their profits, subject to 
certain administrative requirements, out of the People's Republic of 
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China, ensured that these profit-oriented companies enjoyed a 
sufficient degree of independence which Justifies their individual 
treatment. For these reasons the Commission considered that 
individual dumping margins should be established for the two Joint 
venture exporters who cooperated with the investigation by comparing 
the normal values and the export prices established on the basis set 
out in Recitals 10 and 12. 
The Council confirms the above conclusions in Recitals 18, 19 
and 20. 
21 The weighted average margins, expressed as a percentage of c.i.f. 
frontier prices varied according to exporter as follows: 
i. Hong Kong 
Cony Electronic Products Ltd 3.19 
Hanwah Electronics Ltd 4.88 
Kong Wah Electronic Enterprises Ltd 3.13 
Koyoda Electronics Ltd ' 4.61 
Luks industrial Co Ltd 4.17 
Tai Wah Television Industries Ltd 2.16 
i I. People's Republic of China 
Fujian Hitachi Television Co Ltd 17.04 
Huaquiang Sanyo Electronics Co Ltd 7.55 
All other cooperating Chinese 
exporters 15.31 
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E. INJURY 
22 The Commission concluded in its provisional findings that the 
Community SCTV industry had suffered material injury. It based this 
finding principally on the Hong Kong and Chinese exporters' rapid 
increase in volume of exports and in market share, the price 
undercutting practised by these exporters in the Community market 
and the price erosion resulting therefrom for the complainant 
producers' selling prices. In addition, further relocation of 
Community industrial capacity in third countries was foreseeable 
with consequent loss of Community employment and the continuation of 
the significant losses incurred by the complainant Community 
producers which increased dramatically in 1988. 
23 No new facts concerning these findings were submitted to the 
Commission after the publication of the Provisional Duty Regulation. 
Some exporters, both Chinese and from Hong Kong contested the 
cumulation o; imports from both countries effected by the Commission 
when assessing the impact of dumped imports on the Community 
industry. The Commission, however, maintains its arguments set out 
in Recitals 30 and 31 of the Provisional Duty Regulation, i.e. that 
the SCTVs exported by both countries are homogenous and similar to 
the Community products, that they competed with each other and with 
the Community products and were sold through the same distribution 
channels and that the volumes imported from each of the two 
countries taken in isolation can, in no way, be described as 
negligible. In addition, the Commission notes that the market 
behaviour of the Chinese and the Hong Kong exporters can be 
considered very similar. In these circumstances, in accordance with 
the standard practice in antI-dumping proceedings, it is considered 
appropriate to cumulate the injurious effect of imports from Hong 
Kong and from the People's Republic of China. 
19 -
24 Some exporters contested the model comparison which formed the basis 
for the Commission's analysis of undercutting. Their arguments on 
the question referred basically to the fact that the Community 
models used in the comparison offered an enhanced appeal to 
consumers as a result of the presence of a number of features or 
characteristics incorporated in them and which were lacking in the 
exported models. 
The China Commercial Chamber of Audio and Video Products Exporters 
argued that the Community models which had been used for the price 
undercutting comparison contained more and better features than the 
Chinese models with which they had been compared and proposed that 
either adjustments on the basis of market value differences should 
be made or that all Chinese models should be compared to the lowest 
featured of the Cor*; «unity models used in the comparison. The 
Commission considered that accepting adjustments on the model 
comparison would imply a significant departure from the methodology 
used in the recent SCTVs Korean investigation which was confirmed in 
the present investigation. This methodology has not been challenged 
by any of the parties involved in either proceeding with the 
exception of the Chamber. Furthermore, it was considered that the 
wide variety of models and of technical characteristics would make a 
comparison based on adjustments too complicated and unworkable. 
However, the Commission, recognizing that some of the Community 
models used in the comparison may be over featured in relation to the 
Chinese models, has proceeded to compare all but one of the Chinese 
models, with the exception of those exported by the Joint venture 
exporters, with the lowest-featured Community models. 
25 On that basis and applying the method of comparison explained in 
Recital 39 of the Provisional Duty Regulation, the overall average 
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undercutting results expressed at c.l.f. level is 16.85% for the 
exporters represented by the China Commercial Chamber of Audio and 
Video Products Exporters. 
For all the other exporters the undercutting comparison findings as 
set out in Recital 40 of the Provisional Duty Regulation are hereby 
confirmed. 
26 No other arguments nor facts concerning determination of injury were 
presented to the Commission. 
The Council confirms the conclusions of the Commission as set out in 
Recitals 30 to 39 and 41 to 48 of the Provisional Duty Regulation 
and in Recitals 22 to 25 of this Regulation. 
F. CAUSATION OF INJURY 
\ 
27 In Recitals 49 to 53 of the Provisional Duty Regulation, the 
Commission concluded that the cumulated dumped imports from Hong 
Kong and the People's Republic of China had caused material injury 
to the Community industry. The Commission found that the rapid 
increase of Hong Kong and Chinese low priced imports coincided with 
an equally rapid loss of market share by the Community industry, 
price erosion for the Community's SCTV models and heaviIy-increased 
financial losses on the part of Community companies together with an 
accelerated relocation of Community producers' assembly facilities 
outside the Community. 
In this respect, the Commission notes that prices play a very 
important role in the market and price undercutting due to dumping 
has therefore an immediate negative effect on the prices practised 
by the Community industry. It should be stressed, as already 
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indicated in Recital 40 of the Provisional Duty Regulation, that the 
effects of the price undercutting found do not refer only to the 
models of SCTVs in the Community which may be considered to be 
directly comparable to the Hong Kong and Chinese exports, but that 
they apply to the whole range including the newest and most enhanced 
models. Undercutting at the lower-priced end of the range - the 
major volume market segment - naturally has a depressive effect on 
price throughout the whole SCTV range by reducing the consumer's 
perception of the value of the product and of the different features 
of the various models. 
No new facts nor new arguments concerning these findings were 
submitted to the Commission after the publication of the Provisional 
Duty Regulation. The Council therefore confirms the conclusions of 
the Commission as set out in Recitals 49 to 53 of the Provisional 
Duty Regulation. 
G. COMMUNITY INTEREST 
28 No further facts or arguments concerning this subject were submitted 
to the Commission by any of the parties. The Council therefore 
confirms the Commission's conclusions set out in Recitals 54 to 57 
of the Provisional Duty Regulation, that it is in the Community's 
interest to eliminate the injurious effects to the Community 
industry of the dumping determined. The benefits of such protection 
for the current viability and future development of that industry 
outweigh the possible disadvantages, of a temporary nature, for the 
consumer in terms of limited price increase for certain Imported 
SCTVt. .-"*- =~«K..&r 
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H. DUTY 
29 Provisional measures took the form of anti-dumping duties. These 
were imposed at the level of the dumping margins determined, with 
the exception of one Chinese Joint venture exporter for which the 
level imposed was that adequate to remove the injury caused. 
30 Although the Commission's findings on injury set out in the 
Provisional Duty Regulation have now been modified, the level of 
duty necessary to remove the injury remains higher than the dumping 
margin definitively determined, with the exception of one Chinese 
Joint venture exporter. Therefore, duties should be imposed at the 
level of the dumping margins found except for FuJIan Hitachi 
Television Co Ltd for whom the duty should be imposed at a level 
sufficient to eliminate the price undercutting. 
31 As explained above in Recital 19, the Commission decided to 
establish a single dumping margin for all the Chinese exporters with 
the exception of the two Joint ventures concerned and, consequently, 
a single duty was established for these companies. 
The Council confirms these conclusions. 
I. COLLECTION OF PROVISIONAL DUTIES 
32 In view of the dumping margins established, and the seriousness of 
the injury caused to the Community industry, the Council considers 
it necessary that amounts collected by way of provisional anti­
dumping duties should be definitively collected to the extent of the 
amount of the duty definitively imposed. 
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HAS ADOPTED THIS REGULATION: 
Article 1 
1. A definitive anti-dumping duty is hereby imposed on imports of 
small-screen colour television receivers with a diagonal screen size of 
more than 15.5 cm but no greater than 42 cm, whether or not combined in the 
same housing with a radio broadcast receiver and/or a clock, falling within 
CN code ex 8528 10 71 (Taric code: 8528 10 71*10) and originating In 
Hong Kong or in the People's Republic of China. 
2. The rate of duty shall be 4.8% of the net free-at-Community-front 1er 
price before duty for products originating in Hong Kong (Taric additional 
code: 8500) and 15.3% of the net free-at-Community-front1er price before 
duty for products originating in the People's Republic of China (Taric 
additional code: 8506). 
However, the rates of duty for products specified in paragraph 1 and 
manufactured and sold for export by the following companies shall be as set 
out below, expressed as a percentage of the net, free-at-Community-frontier 
price before duty: 
Rate of duty Taric additional 
£ojje_ 
a. Hong Kong 
Cony Electronic Products Ltd 3.1 
Hanwah Electronics Ltd 4.8 
Kong Wah Electronic Enterprises Ltd 3.1 
Koyoda Electronics Ltd 4.6 
Luks industrial Co Ltd 4.1 
Tai Wah Television Industries Ltd 2.1 8494 
8495 
8488 
8497 
8498 
8499 
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b. People's Republic of China 
FuJIan Hitachi Television Co Ltd 13.1 8504 
Huaquiang Sanyo Electronics Co Ltd 7.5 8505 
3. The provisions in force concerning customs duties shall apply. 
Article 2 
The amounts collected or secured by way of provisional anti-dumping duty 
under Regulation (EEC) No 129/91 shall be collected at the rates of duty 
definitively imposed where the definitive rate of duty is lower than the 
provisional anti-dumping duty and at the rates of provisional duty in all 
other cases. Secured amounts which are not covered by the rates of duty 
definitively imposed shall be released. 
Article 3 
This Regulation shall enter into force on the day following that of its 
publication in the Official Journal of the European Communities. 
This Regulation shall be binding In its entirety and directly applicable in 
a 11 Member States. 
Done at Brussels, For the Council 
The President 
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ISSN 0254-1475 
COM(91) 231 final 
DOCUMENTS 
EN 02 
Catalogue number : CB-CO-91-277-EN-C 
ISBN 92-77-73603-8 
Office for Officia] Publications of the European Communities 
L-2985 Luxembourg