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* * COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 26.03.1996 
COM(96) 125 final 
Proposal for a 
COUNCIL REGULATION (EC) 
EXTENDING THE SUSPENSION OF THE DEFINITIVE ANTI­
DUMPING DUTY IMPOSED ON IMPORTS OF CERTAIN TYPES 
OF ELECTRONIC MICROCIRCUITS KNOWN AS EPROMS 
(erasable programmable read only memories) 
ORIGINATING IN JAPAN 
(presented by the Commission) 

Explanatory Memorandum 
(1) The Commission, by Decision (95/272/EC) of 15 July 19951 , suspended the 
definitive anti-dumping duty imposed on EPROMs originating in Japan for a 
period of nine months, as had been done before in the case of DRAMs 
originating in Japan and the Republic of Korea2 . This decision was adopted 
on the grounds that the market situation for the product in question had 
temporarily changed to the extent that injurious dumping no longer prevailed 
and that therefore, the anti-dumping duty could be suspended. 
(2) The Commission has examined the data available concerning the conditions 
on the Community market and found that, towards the end of the initial 
period of suspension of the anti-dumping duty, the EPROM market in the 
Community is still stable with demand outstripping supply. Sales prices are 
high and the financial performance of the Community industry is still 
favourable. Market forecasts indicate that such market situation would be 
sustained at least for the next 12 months. 
It appears reasonable, therefore, to assume that injurious dumping on the 
Community market would not recur if the suspension of the anti-dumping 
duty would be extended for a period of one year, i. e. until April 1997. 
1 OJN°L165, 15.7.1995, p. 26 
2OJN°L126, 9.6.1995, p. 58 
I 
(3) The Commission has informed the complainant of its intention to propose to 
the Council the extension of the suspension of the above anti-dumping duty 
and has provided it with an opportunity to comment. The complainant has 
raised no objections with regard to such proposal. 
(4) The attached draft Council Regulation contains more detailed information 
showing that the requirements contained in Article 14 (4) of Council 
Regulation (EC) No 384/96 for the extension of the suspension of the anti­
dumping duty are met. 
(5) As in the DRAM case, therefore, it is proposed that the Council decides to 
extend, for a period of one year, the suspension of the anti-dumping duty 
imposed on imports of EPROMs originating in Japan. 
3 
COUNCIL REGULATION (EC) N°... 
of 
EXTENDING THE SUSPENSION OF THE DEFINITIVE ANTS-
DUMPING DUTY IMPOSED ON IMPORTS OF CERTAIN TYPES 
OF ELECTRONIC MICROCIRCUITS KNOWN AS EPROMS 
(erasable programmable read only memories) 
ORIGINATING IN JAPAN 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) N° 384/96 of 22 December 1995 
on protection against dumped imports from countries not members of the 
European Community^1) and in particular Article 14(4) thereof. 
Having regard to the proposal submitted by the Commission after consulting 
the Advisory Committee, 
Whereas: 
0) OJN°L56, 6.3.96 p. 1. 
(1) The Council, by Regulation (EEC) 577/91 (2), imposed a definitive anti­
dumping duty on imports into the Community of certain types of electronic 
microcircuits known as EPROMs (erasable programmable read only 
memories) originating in Japan, and falling under CN codes 
8542 11 33, 8542 11 34, 8542 11 35 or 8542 11 36 for finished UV erasable 
EPROMs, 
ex 8542 11 38 for finished Flash E2PROMs, 
ex 8542 11 76 for OTPs, 
ex 8542 11 01 for wafers for all types of EPROMs and 
ex 8542 11 05 for dice and chips for all types of EPROMs. 
(2) The Commission, by Decision (95/272/EC) of 15 July 1995(3), suspended the 
definitive anti-dumping duty imposed on EPROMs originating in Japan for a 
"period of nine months on the grounds that the market situation for the 
product in question had temporarily changed to the extent that injurious 
dumping no longer prevailed and that, therefore, the anti-dumping duty could 
be suspended for this period. 
(2) OJ N° L 65, 12.3.91, p.1, as last amended by Regulation (EEC) No 2860/93, OJ L 262 of 21.10.93, p.1 
(3) OJ N° L 165, 15.7.1995, p. 26 
(3) On 8 October 1995 the Commission initiated an interim review'^ of the ,mti-
dumping measures concerning EPROMs originating in Japan, pursuant to 
Article 11 (3) of Regulation (EC) 3283/94. This review is at present pending. 
(4) As in the case of another type of electronic microcircuits, i.e. DRAMs<5), the 
Commission has, based on the information available on the market situation, 
in particular the sales reports of the exporters concerned, examined whether 
the conditions for extending the suspension of the anti-dumping duty are 
met. In particular, the available statistical information and the sales data 
which the Commission has obtained from the Community producers and all 
known Japanese exporters shows that, as the end of the initial period of 
suspension of the anti-dumping duty approaches, the EPROM market in the 
Community is still stable, with demand outstripping supply. Sales prices are 
high and the financial performance of the Community industry is still 
favourable. It was found that, in general, the market conditions described in 
recital (3) of Commission Decision (95/272/EC) have prevailed. Market 
forecasts indicate that such a market situation will be sustained at least for 
the next 12 months. 
(4) OJN°C262, 7.10.95, p. 9 
(5) By Council Regulation (EC) N°399/96 (OJ N° L 55, p1.), the suspension of the anti-dumping 
duties applicable to imports of DRAMs originating in Japan and the Republic of Korea has 
been extended for one year. 
(5) However, it is also considered that, in view of the cyclical nature of the 
EPROM market in the past, the current market situation might be followed by 
a market down-turn. This could result in a recurrence of injurious dumping 
and would again necessitate the application of anti-dumping measures. This 
consideration appears to be supported by the fact that significant additional 
production capacities have recently been established, in particular in Japan, 
and that, in addition, further capacities will be established in the near future. 
It is reasonable to assume that this increase in worldwide production capacity 
might aggravate a possible future market down-turn. 
(6) In the light of the foregoing, it is considered appropriate to extend the 
suspension of the anti-dumping duty in question beyond the initial period of 
nine months, by a further period of one year, and it is considered unlikely that 
injurious dumping of EPROMs would recur on the Community market as a 
result of such extension. 
(7) Therefore, in accordance with the provisions of Article 14 (4) of the 
Regulation (EC) 3283/94 the Commission informed the complainant of its 
intention to propose to the Council to extend the suspension of the above 
anti-dumping duty for a period of one year and has provided it with an 
opportunity to comment. The complainant raised no objections in this regard 
(8) In conclusion, it is considered that the requirements to extend the suspension 
of the duty concerned, pursuant to Article 14 (4) of Regulation (EC) N° 384/96, 
are met and that the suspension should therefore be extended for a period of 
one year. 
(9) The Commission will continue to monitor closely the development of the 
EPROM-market and the behaviour of individual market participants, as it has 
done so during the initial period of suspension. Should a situation arise in 
which injury to the Community industry would recur, the Commission will 
propose that the Council reinstate the above anti-dumping duty without delay. 
(10) To this end, the obligation to submit reports on sales and prices pursuant to 
the undertakings will continue in order to enable the Commission to monitor 
the EPROM market. However, as previously stated, during the period of the 
extended suspension of the anti-dumping duty, the obligation to adhere to the 
minimum price provisions of these undertakings will be waived. The quarterly 
calculation and communication of such prices to these companies by the 
Commission will therefore be discontinued during this period. 
(11) The Advisory Committee was consulted on the suspension of the anti-dumping 
duty and raised no objections. 
HAS ADOPTED THE FOLLOWING REGULATION 
% 
Sole Article 
(1) The suspension of the definitive anti-dumping duty imposed on imports of 
certain types of electronic microcircuits known as EPROMs (erasable 
programmable read only memories) originating in Japan by Council 
Regulations (EEC) N° 577/91 is hereby extended for a period of one year 
until 15 April 1997. 
(2) This Regulation shall enter into force on the day following its publication in 
the Official Journal of the European Communities. 
Done at Brussels, 
_S 

ISSN 0254-1475 
COM(96) 125 final 
DOCUMENTS 
EN 02 11 
Catalogue number : CB-CO-96-134-EN-C 
ISBN 92-78-01864-3 
Office for Official Publications of the European Communities 
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