COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 83 final 
Brussels, 5 March 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 112/90 imposing a definitive 
ant I-dumping duty on imports of certain compact disc 
player originating in Japan and the Republic of Korea 
(presented by the Commission) 
l/91/92-EN 
Explanatory memorandum 
1. Council Regulation (EEC) No 112/90 Imposed definitive anti-dumping 
duties on imports of certain compact disc players originating In Japan and 
the Republic of Korea and falling within Taric code 8519991010. 
2. One of the Member States has drawn the Commission's attention to the 
fact that Article 1(1) of Regulation (EEC) No 112/90, In conjunction with 
the customs rules In force on compact disc players Incorporated in a 
"rack", might have consequences which were not desired by the Council when 
It adopted the Regulation. Firstly, compact disc players which are not 
regarded as conferring Its main characteristic on the "rack" In which they 
are incorporated would escape the anti-dumping duty because they are 
classified In a code other than Taric code 8519991010 and, consequently, 
would fall outside the scope of the Regulation. Secondly, where a "rack" 
is assumed to derive Its principal characteristic from the compact disc 
player, the relevant anti-dumping duty is based on the total value of the 
rack and not, as provided In the Regulation, just on the value of the 
compact disc player component alone. 
3. In order to correct this anomaly the Commission proposes that 
Regulation No 112/90 should be amended so as to give full effect to the 
Council's Intentions when It adopted that Regulation. This would mean: 
(1) bringing compact disc players which escape the duty owing to their 
classification within the scope of Regulation (EEC) No 112/90; and 
(2) limiting the ant I-dumping duty on racks to an amount calculated 
according to the value of the Incorporated compact disc player 
alone. 
4. The Ant I-Dumping Committee has been consulted on this proposal; no 
objection was raised. 
3 
COUNCIL REGULATION (EEC) NO / 
Of 
amending Regulation (EEC) No 112/90 Imposing a definitive 
ant I-dumping duty on Imports of certain compact disc 
player originating in Japan and the Republic of Korea 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on 
protection against dumped or subsidized Imports from countries not members 
of the European Economic Community,1 
Having regard to the proposal submitted by the Commission after 
consultation within the Advisory Committee as provided for under the above 
Regulation, 
Whereas: 
(1) Regulation (EEC) No 112/902 imposed a definitive anti-dumping duty 
on Imports of certain compact disc players originating in Japan and 
the Republic of Korea. Article 1(1) of the Regulation laid down 
its scope and, with great precision, the products affected by the 
anti-dumping duty. The scope Includes compact disc players falling 
within CN code ex 8519 99 10 (Tarlc code: 85 1999 10*10), 
including those which may be incorporated In a "rack" but are 
nevertheless capable of operating alone, separately from the 
"rack", by means of their own controls and power supply. 
1 0J No L 209, 2.8.1988, p. 1. 
2 0J No L 13, 17.1.1990, p. 21. 
7 
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(2) CN code ex 8519 99 10 (Taric code: 8519 99 10*10), however, only 
Includes a compact disc player incorporated in a rack insofar as It 
gives the "rack" its essential character. In other cases, I.e. 
where another apparatus gives the assembly its essential character, 
the entire "rack" Is classified under a different tariff heading 
and consequently falls outside the scope of Regulation (EEC) 
No 112/90. 
Conversely, where the compact disc player Is considered to give the 
"rack" Its essential character, the entire set of apparatus Is 
classified under CN code ex 8519 99 10 (Tarlc code: 8519 99 10*10) 
and the anti-dumping duty is applied to the value of the entire 
"rack" and not Just to the value of the compact disc player 
component. 
(3) Combined application of the customs rules and Article 1(1) of 
Regulation (EEC) No 112/90 results In the Regulation being 
implemented in a way which deviates from the aims which the Council 
assigned to it. Regulation (EEC) No 112/90 was designed In 
particular to make compact disc players incorporated In a "rack" 
subject to an anti-dumping duty, whether or not they gave the 
"rack" its essential character. Furthermore, that Regulation was 
not designed to make a "rack" Incorporating a compact disc player 
subject to an ant I-dumping duty on the basis of Its total value but 
on the basis of the value of the compact disc player alone. 
(4) Consequently Article 1 of Regulation (EEC) No 112/90 must be 
amended. 
(5) It is necessary to that end to take account of the fact that a 
"rack" Incorporating a compact disc player may be classified under 
CN codes ex 8519 31 00, ex 8519 39 00, ex 85 19 99 10, 
ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and ex 8527 31 91 
(Tarlc codes 8510 31 00*10, 8519 39 00*10, 8519 99 10*10, 
8520 31 90*30, 8520 39 10*10, 8520 39 90*10 and 8527 31 91*10) 
according to the component which gives It Its essential character. 
J~ 
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(6) To ensure uniform application of the Regulation the amendment must 
take effect as from 17 January 1990, the date of entry Into force 
of Regulation (EEC) No 112/90. However, Article 13(4)(a) of 
Regulation (EEC) No 2423/88 lays down that ant I-dumping and 
countervailing duties shall be neither Imposed nor increased with 
retroactive effect, subject to Article 13(4)(b), which does not 
apply to the case In point. Consequently, the amendment may not 
enter into force with retroactive effect as regards the Imposition 
of a definitive anti-dumping duty on Imports of certain compact 
disc players falling within CN codes ex 8519 31 00, ex 8519 39 00, 
ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and ex 8527 31 91 
(Tarlc codes: 8519 31 00*10, 8519 39 00*10, 8520 31 90*30, 
8520 39 10*10, 8520 39 90*10 and 8527 31 91*10), 
HAS ADOPTED THIS REGULAT ION : 
Article 1 
Article 1(1) of Regulation (EEC) No 112/90 Is hereby replaced by the 
fol lowing text: 
"A definitive anti-dumping duty Is hereby Imposed on Imports of certain 
compact disc players falling within CN codes ex 8519 31 00, ex 8519 39 00, 
ex 85 19 99 10, ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and 
ex 8527 31 91 (Taric codes 8519 31 00*10. 8519 39 00*10, 85 19 99 10*10, 
8520 31 90*30, 8520 39 10*10, 8520 39 90*10 and 8527 31 91*10).1 I.e. 
stand-alone sound reproducers with a laser optical reading system and with 
1 The Tarie codes shown are those applicable on the date on which this 
Regulation enters into force. 
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external dimensions of at least 216 x 45 x 150 mm, equipped to accommodate 
up to a maximum of ten compact discs, including sound reproducers which may 
be incorporated in a "rack" system but can nevertheless operate alone 
separately from the "rack", with their own controls and power supply, 
functioning with AC mains supply of usually 110/120/220/240V and not 
capable of operating with a power supply of 12V DC or less, originating In 
Japan and In the Republic of Korea." 
Paragraph 4 of the same Article Is hereby replaced by the following text: 
"Where the compact disc player is combined with other apparatus to form a 
"rack", the free-at-front1er value used in applying the anti-dumping duty 
shall be that of the compact disc player alone. 
If this value is not specified on the Invoice the Importer shall declare 
the value of the player at the time of release for free circulation and 
shall submit appropriate evidence and Information on that occasion." 
The former paragraph 4 of the same Article becomes paragraph 5. 
Article 2 
This Regulation shall come Into force on the day following Its publication 
In the Official Journal of the European Communities. 
It shall apply with effect from 17 January 1990 save as regards the 
imposition of a definitive anti-dumping duty on Imports of certain compact 
disc players falling within CN codes ex 8519 31 00, ex 8519 39 00, 
ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and 8527 31 91 (Tarlc codes: 
8519 31 00*10, 8519 39 00*10, 8520 31 90*30, 8520 39 10*10, 8520 39 90*10 
and 8527 31 91*10), 
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However, the provisions of Article 15 of Regulation (EEC) 2423/88 shall 
apply from 17 January 1990 to compact disc players falling within the code 
numbers listed above. 
This Regulation shall be binding In its entirety and directly epplicable in 
a 11 Member States. 
Done at Brussels, 1992. 
For the CounciI 
The President 

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ISSN 0254-1475 
COM (92) 83 final 
DOCUMENTS 
EN ii 02 
Catalogue number : CB-CO-92-085-EN-C 
ISBN 92-11A1121-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg