COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 6.07.1995 
COM(95)326 final 
Proposal for a 
COUNCIL REGULATION (EC) 
repealing Regulation (EEC) No 1391/91 imposing a definitive anti-dumping duty on 
imports of aspartame originating in Japan and the United States of America 
(presented by the Commission) 

Explanatory memorandum 
1. By Regulation (EEC) No 1391/91 *, the Council imposed a definitive anti-dumping 
duty on imports of aspartame originating in Japan and the United States of 
America. 
2. Further to a request submitted by the NutraSweet Company, a US exporter of 
aspartame, the Commission initiated a review investigation on 26 April 1994. 
3. After having completed this investigation, the Commission has come to the 
conclusion that removing the duty in force on imports of aspartame originating in 
both the USA and Japan would not entail any risk of injurious dumping being 
resumed. 
4. In accordance with Article 14 of Council Regulation (EC) No 2423/882 - which 
continues to apply to these proceedings by virtue of Article 23 of Council 
Regulation (EC) No 3283/943 as amended by Regulation (EC) No 355/954 - the 
Commission, after consultation of the Advisory Committee, therefore proposes to 
repeal Council Regulation (EEC) No 1391 imposing a definitive anti-dumping 
duty on imports of aspartame originating in Japan and the United States of 
America. 
1 OJNoL 134, 29.5.1991, p. 1 
2 OJ No L 209, 2.8.1988, p. 1 
3 OJ No L 349, 31.12.1994, p. 1 
4 OJ No L 41, 23.2.1995, p.2 
COUNCIL REGULATION (EC) No ~J95 
of... 1995 
repealing Regulation (EEC) No 1391/91 imposing a definitive anti-dumping duty on 
imports of aspartame originating in Japan and the United States of America 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on 
protection against dumped imports from countries not members of the European 
Community5, as amended by Regulation (EC) No 355/956, and in particular Article 23 
thereof, which laid down that Regulation (EEC) No 2423/88 of 11 July 1988 on 
protection against dumped or subsidised imports from countries not members of the 
European Economic Community7, as last amended by Regulation (EC) No 522/948, shall 
continue to apply to proceedings in relation to which an investigation pending on 1 
September 1994 has not been concluded by the date of entry into force of Regulation 
(EC) No 3283/94, 
Having regard to Regulation (EEC) No 2423/88 and in particular Article 14 thereof, 
Having regard to the proposal submitted by the Commission, after consultations within 
the Advisory Committee, 
Whereas: 
A. PREVIOUS PROCEDURE 
(1) By Regulation (EEC) No 1391/919, the Council imposed a definitive anti­
dumping duty on imports of aspartame originating in Japan and the United States 
of America (USA). 
5 OJ No L 349, 31.12.1994, p. 1 
6 OJ No L 41, 23.2.1995, p.2 
7 OJ No L 209,2.8.1988, p. 1 
8 OJ No L 66,10.3.1994, p. 10 
9 OJ No L 134,29.5.91, p.l 
B. PRESENT PROCEDURE 
1. Review application 
(2) In January 1994, a US exporter, the NutraSweet Company (hereafter 'NSC'), 
asked the Commission to review the anti-dumping duty applicable to imports of 
aspartame originating in the USA and to reopen the investigation. NSC argued in 
its review application that the following significant changes had occurred since 
the imposition of the definitive duty which constitute substantially changed 
circumstances sufficient to justify the need for a review within the meaning of 
Article 14 of Council regulation (EEC) No 2423/88 (hereafter 'the basic 
Regulation'): 
domestic US prices have significantly decreased as a result of the expiry 
of the US patent held by NSC. As a consequence, NSC's normal value has 
dramatically decreased, thus eliminating the conditions for a dumping 
margin; 
a state-of-the art plant has been established in France, for the production 
of aspartame, which is co-owned by NSC. The production capacity of this 
plant will be sufficient to cover the normal EC demand for aspartame; 
exports of US aspartame by NSC to the EC have significantly decreased 
and are being replaced by sales of aspartame produced in the EC. 
2. Initiation of review investigation 
(3) It was considered, after consultation of the Advisory Committee, that the request 
contained sufficient evidence of changed circumstances to warrant a review 
pursuant to Article 14 of the basic Regulation. 
(4) The Commission therefore published a notice in the Official Journal of the 
European Communities10 and commenced an investigation. 
3. Scope of the review 
(5) The product concerned by this review investigation is the same as the product 
subject to the definitive anti-dumping duty, namely aspartame, a sweetening 
ingredient with a taste profile similar to sugar but a smaller caloric value, falling 
within CN code ex 2924 29 90. 
(6) The investigation of dumping covered the period 1 October 1993 to 31 March 
1994. 
10 OJNoC 115, 26.4.94, p. 1 
(7) Although the review application lodged by NSC was explicitly limited to the anti­
dumping duty imposed on imports from the USA, the Commission considered 
whether such a limitation was justified and informed the Japanese exporter of 
aspartame involved in the previous investigation, Ajinomoto Co. Ltd., Tokyo 
(hereafter 'Ajinomoto'), prior to opening the investigation. However, this company 
indicated that it was now supplying the EC market from manufacturing facilities 
in the Community and had no interest in participating in a review investigation. 
(8) Because of an explicit indication in the review application that "the requested 
review should be limited to the dumping margin of NSC", the Commission did 
not address-injury aspects during the first phase of the investigation. However, 
when it subsequently became apparent that the anti-dumping duty in force would 
not be repealed based on dumping findings, NSC decided to shift the emphasis of 
its argumentation to injury aspects and explicitly requested the Commission to 
verify that "there (was) no threat that injurious dumping of aspartame exported 
from the US would resume if the anti-dumping measures under review were 
repealed". 
4. Investigation 
(9) The Commission officially notified the sole Community producer of aspartame 
and complainant in the previous investigation, the Holland Sweetener Company 
Vof (hereafter 'HSC'), the US exporter NSC and the US authorities of the 
initiation of the investigation and gave the parties concerned the opportunity to 
make their views known in writing and to request a hearing. 
(10) The Commission sought and verified all the information it deemed to be 
necessary for the purpose of its investigation and visited the premises of the US 
exporter NSC in Deerfield, Illinois. 
(11) The Commmunity producer HSC, the US exporter NSC and the Japanese exporter 
Ajinomoto were offered the possibility to be informed of the essential facts and 
considerations on the basis of which it was intended to repeal the anti-dumping 
duty. However, none of the parties concerned made a request to this effect. 
C. RESULT OF INVESTIGATION 
1. Dumping 
1.1 Normal value 
(12) During the investigation period, NSC was selling aspartame on the US market in 
quantities which were clearly sufficient to base normal value on domestic prices. 
It was established that these sales were in the ordinary course of trade. 
(13) The essential element in the investigation of the normal value was the decrease in 
US domestic prices which, according to NSC, occurred following the expiry of 
the exclusive patent held by this company. It was confirmed that the patent had 
effectively expired in December 1992, thereby allowing competition on the US 
aspartame market, and that prices had substantially decreased as compared with 
those recorded during the previous investigation. 
A. \ 
\ 
\ 
1.2 Export price 
(14) NSC made two export transactions to the Community only during the 
investigation period. This is due to the fact that this company had virtually ceased 
to export following the establishment of a production plant in France which is 
now supplying all EC customers of NSC. It was found that these transactions, 
concerning relatively small quantities of aspartame, had been specifically 
arranged with European customers for the purpose of the review investigation. 
For this reason, the information relating to the prices paid by the customers 
concerned was considered as misleading and it was decided to disregard it in 
accordance with Article 7(7)(b) of the basic Regulation. 
(15) Under these circumstances, and in the absence of any other reasonable basis for 
the export price, the Commission chose to look at the "old" export prices recorded 
during the previous investigation. 
1.3 Comparison 
(16) The comparison of the "new" normal value, based on US domestic prices during 
the investigation period, with the "old" export prices, recorded during the 
previous investigation, revealed that, although NSC's normal value had decreased 
significantly since the previous investigation, this decrease was not altogether 
sufficient to completely eliminate the dumping margin. 
2. Injury 
2.1 Argumentation presented by NSC 
(17) Out of the elements presented by NSC, the following were of direct relevance for 
an evaluation of the injury aspects of the case: 
a plant has been established in the Community by NSC, as a joint venture 
with the Japanese producer Ajinomoto, with sufficient production to 
satisfy the demand of NSC's customers in the Community; 
as a result, NSC has virtually ceased to export aspartame to the 
Community since the middle of 1993; 
the capacity of the French plant being sufficient to cover all anticipated 
demand in the EC market, there is no reason to believe that exports from 
the US would resume to a sizeable market share if the anti-dumping 
measures were lifted. 
The evidence supplied by NSC to substantiate these points was examined. 
2.2 No comments by Community producer 
( 18) HSC was invited to comment on the argumentation presented by NSC in relation 
to injury aspects. Its attention was drawn to the fact that, in the absence of any 
objection, the decision may be taken to repeal the anti-dumping duties currently in 
force on imparts of aspartame originating in both the USA and Japan. However, 
HSC did not raise any objection to such an outcome. 
2.3 Conclusions on injury 
2.3.1 No risk of resumption of injury 
(19) HSC being the sole producer of aspartame in the Community and the only 
complaining party in the previous procedure, the absence of comments on its part 
is to be interpreted as a loss of interest in the continuation of the anti-dumping 
measures and a confirmation of NSC's argument that a repeal of these measures 
would not entail any risk of injurious dumping being resumed. 
2.3.2 Validity of this conclusion for Japan as well as the USA 
(20) Although the scope of the review was explicitly limited to imports from the USA, 
the conclusion of no injury reached in this investigation made it unavoidable to 
also reconsider the validity of the anti-dumping duty imposed on imports from 
Japan. This was done under Article 14(3) of the basic Regulation without a 
specific re-opening of the investigation in this respect. 
(21) The information available suggests that the main reason why the Community 
industry no longer feels injured by imports of aspartame is the fact that such 
imports have been discontinued as a result of the setting up of production 
facilities in France and are not likely to resume to a sizeable market share. The 
sole Japanese producer of aspartame, Ajinomoto, is an equal partner of NSC in 
this joint venture and information obtained from this company (see recital (7) 
supra) indicates that they also are now exclusively supplying the EC market with 
Community produced aspartame. 
(22) Under these circumstances, the conclusion of no risk of resumption of injury 
arrived at in relation to NSC equally applies to Ajinomoto. 
D. REPEAL OF ANTI-DUMPING DUTIES 
(23) In view of the foregoing, the anti-dumping duties in force on imports of aspartame 
originating in both the USA and Japan should be repealed, thereby terminating the 
proceeding. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1391/91 is hereby repealed. 
Article 2 
This Regulation shall enter into force on the day of its publication in the Official Journal 
of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at...... 1995. 
For the Council 
The President 
ISSN 0254-1475 
COM(95) 326 final 
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