•k -k 
•ft -A-EUROOPAN YHTEISÖJEN KOMISSIO 
Bryssel, 08.05.1996 
KOM(96) 146 lopull. 
FOURTEENTH ANNUAL REPORT FROM THE COMMISSION 
TO THE 
EUROPEAN PARLIAMENT 
ON 
THE COMMUNITY'S ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES 
(I 9 9 5) 

KOMISSION NELJÄSTOISTA1 VUOSITTAINEN KERTOMUS YHTEISÖN 
POLKUMYYNNIN JA TUKIEN VASTAISISTA TOIMISTA2 
1. JOHDANTO 
Tämä kertomus annetaan Euroopan parlamentille sen 16 päivänä joulukuuta 1981 antaman 
yhteisön polkumyynnin vastaisia toimia koskevan päätöslauselman3 ja parlamentin 
ulkosuhteiden valiokunnan myöhemmin antaman Euroopan yhteisön polkumyynnin 
vastaista politiikkaa koskevan kertomuksen4 johdosta. 
Kertomuksessa keskitytään pääasiassa yhteisön toimenpiteisiin vuonna 1995, mutta 
vertailun vuoksi jäljempänä esitettävässä taulukossa 1 esitetään yhteisön vuosina 
1991 - 1995 aloittamien ja päätökseen viemien polkumyyntiä ja tukia koskevien 
tutkimusten määrä ja eritellään käyttöön otetut toimenpiteet. 
Tämän kertomuksen jaksoissa 3, 4, 5 ja 6 selostetaan lyhyesti kaikki vireillepannut 
tapaukset, käyttöön otetut väliaikaiset ja lopulliset toimenpiteet ja tapaukset, joiden 
käsittely päätettiin toimenpiteittä. 
2. YLEISKATSAUS - VOIMASSA OLEVAT TOIMENPITEET 
Vuoden 1995 lopussa yhteisössä oli voimassa 147 toimenpidettä. Näistä 10 oli 
sitoumuksia, joiden yhteydessä ei sovellettu jäännöstullia. Kaikista 147 toimenpiteestä 129 
oli voimassa ensimmäistä kertaa ja 17 oli päätetty pitää voimassa neuvoston asetuksen 
(ETY) N:o 2423/88 15 artiklan nojalla suoritetun uudelleentarkastelun tuloksena. On 
kuitenkin huomattava, että toimenpiteet koskevat vain osaa yhteisön 0,83 prosenttia 
kokonaistuonnista. 
Kaikista vuoden 1995 lopussa voimassa olleista toimenpiteistä 56, eli 38,3 prosenttia 
kokonaismäärästä, oli kohdistettu silloin valtiojohtoista kauppaa harjoittaneisiin maihin5, 
mukaan lukien Kiinan kansantasavaltaan kohdistuneet 30 toimenpidettä. Vuodesta 1991 
Keski- ja Itä-Euroopan maihin (KIE-maihin) on kohdistettu toimenpiteitä ainoastaan 11 
Edelliset kertomukset annettiin asiakirjoissa KOM(83)519 lopullinen/2; KOM(84)721 lopullinen; 
KOM(86)308 lopullinen; KOM(87)178 lopullinen; KOM(88)92 lopullinen; KOM(89)106 lopullinen; 
KOM(90)229 lopullinen; SEC(91)92 lopullinen; SEC(91)974 lopullinen; SEC(92)716 lopullinen; 
KOM(93)516 lopullinen; KOM(95)16 lopullinen; KOM(95)309 lopullinen. 
Neuvoston asetuksen (ETY) N:o 2423/88, EYVL N:o L 206, 2.8.1988, ja sen korvanneen asetuksen 
(EY) N:o 3283/94, EYVL N:o L 349, 31.12.1994, sekä komission päätöksen N:o 2424/88/EHTY, 
EYVL N:o L 209, 2.8.1988 mukaisesti. 
EYVL N.o Cli, 18.1.1982, s. 37 
PE 141.178/lop., 30.11.1990, esittelijä Gijs DE VRIES 
Entisen Tsekkoslovakian sosialistisen tasavallan (CSSR), Unkarin, Puolan, Bulgarian ja Romanian 
osalta nämä luvut sisältävät vain ne toimenpiteet, jotka otettiin käyttöön kun maat luokiteltiin 
valtiojohtoisen kaupan harjoittajiksi. Luvuissa ovat mukana myös Neuvostoliiton hajoamisen jälkeen 
entisen Neuvostoliiton alueen yksittäisiin tasavaltoihin kohdistetut toimenpiteet. 
A 
tapauksessa. Muista maista eniten toimenpiteitä on vuodesta 1991 lähtien kohdistettu 
Japaniin (11 toimenpidettä), Etelä-Koreaan (9), Turkkiin (7) ja Taiwaniin (6). 
Totuudenmukaisempi mitta polkumyynnin vastaisten toimenpiteiden vaikutusta arvioitaessa 
on kuitenkin niiden kohteena olevien tuotteiden kauppa-arvo, ja tämä ymmärrettävästi 
vaihtelee hyvinkin paljon tuotealoittain. Suurimmat kauppa-arvot on huipputekniikan eli 
suuren jalostusarvon tuotteilla kuten elektroniikalla, joille suurilla tuotantomäärillä on 
olennaista merkitystä. Näin mitattuna Japaniin kohdistetut toimenpiteet ovat 
vaikutukseltaan suurimmat: 26,9 prosenttia niiden tuotteiden kauppa-arvosta, joihin on 
kohdistettu toimenpiteitä. Samaan aikaan ei yhteisöstä viety Japaniin vastaavia tuotteita 
käytännöllisesti katsoen lainkaan. 
3. ALOITETUT POLKUMYYNTIÄ JA TUKIA KOSKEVAT TUTKIMUKSET 
YLEISKATSAUS 
Vuonna 1995 aloitettiin 33 tutkimusta, jotka koskivat tuontia 18 eri maasta. Eniten esillä 
oli Kiinan kansantasavalta, jonka osalta aloitettiin viisi tutkimusta; seuraavina tulivat 
Indonesia, Etelä-Korea ja Thaimaa, joiden kaikkien osalta aloitettiin neljä tutkimusta. 
Yksityiskohtaiset selvitykset aloitetuista tutkimuksista esitetään liitteessä A. 
Viisivuotisjaksona 1991 -1995 aloitettiin 156 tutkimusta, jotka koskivat tuontia 38:sta eri 
maasta. Tutkimusten kohdemaista tärkeimpiä olivat Kiinan kansantasavalta (26 
tutkimusta), Thaimaa (12), Etelä-Korea (10) sekä Indonesia, Japani, Malesia ja Venäjä (8 
tutkimusta kustakin). Viiden viime vuoden aikana aloitetut tutkimukset on esitetty 
viejämaittain liitteessä F. 
Vuosina 1991 - 1995 tutkimukset keskittyivät elektroniikka-alaan, kemikaalialaan ja 
tekstiilialaan, joista aloitettiin järjestyksessä 35, 26 ja 22 tutkimusta. Vuonna 1995 eniten 
tutkimuksia aloitettiin juuri elektroniikka-alalla, joka on ollut voimakkaasti esillä myös 
neljän edellisen vuoden aikana. Erittely tuotealoittain on esitetty liitteessä G. 
4. VÄLIAIKAISET TOIMENPITEET 
YLEISKATSAUS 
Väliaikaiset toimenpiteet voidaan ottaa käyttöön, jos alustava tutkimus osoittaa, että 
kysymyksessä on polkumyynti tai tuki ja että sen aiheuttamasta vahingosta on riittävää 
näyttöä ja että yhteisön etu vaatii asiaan puuttumista. Neuvoston asetuksen (EY) N:o 
2423/88 mukaan väliaikaisen tullin tavanomainen voimassaoloaika on neljä kuukautta ja 
sen voimassaoloa voidaan tietyissä olosuhteissa jatkaa kahdella kuukaudella. Neuvoston 
asetuksessa (EY) N:o 3283/94, joka tuli voimaan 1 päivänä tammikuuta 1995 ja joka 
koskee kaikkia tuon päivän jälkeen aloitettuja tutkimuksia, säädetään, että väliaikaiset tullit 
voidaan ottaa käyttöön kuudeksi kuukaudeksi ja niiden voimassaoloaikaa voidaan jatkaa 
h 
kolmella kuukaudella, tai ne voidaan ottaa käyttöön yhdeksäksi kuukaudeksi. Ne voidaan 
kuitenkin määrätä tai niiden voimassaoloaikaa voidaan pidentää yhdeksäksi kuukaudeksi 
ainoastaan, jos merkittävä osa alan viejistä sitä pyytää taikka ei vastusta, kun komissio 
ilmoittaa asiasta. 
Vuoden 1995 aikana määrättiin 21 väliaikaista tullia. Kuten taulukosta 1 ilmenee, vastaava 
luku oli 25 vuonna 1994 ja 16 vuonna 1993. Väliaikaiset toimenpiteet kohdistuivat monien 
eri alojen tuotteisiin ja moniin eri alkuperämaihin. 
Tarkemmat tiedot vuonna 1994 määrätyistä väliaikaisista tulleista on esitetty liitteessä B. 
5. LOPULLISET TOIMENPITEET 
YLEISKATSAUS 
Lopulliset toimenpiteet voidaan ottaa käyttöön, jos loppuun suoritetussa tutkimuksessa on 
näytetty toteen, että kysymyksessä on polkumyynti tai tuki ja että se on aiheuttanut 
vahinkoa ja että yhteisön etu vaatii asiaan puuttumista. Neuvosto määrää lopullisen 
polkumyynti- tai tasoitustullin yksinkertaisella enemmistöllä komission ehdotuksesta, jonka 
tämä on tehnyt jäsenvaltioita kuultuaan. 
Kuten taulukosta 1 selviää, lopulliset tullit otettiin vuonna 1995 käyttöön 13 tapauksessa. 
Vaikka tapauksia on melkoisesti vähemmän kuin edellisinä vuosina, syynä on se, että yhtä 
lukuun ottamatta kaikki vuonna 1995 määrätyt väliaikaiset tullit julkistettiin vuoden 
jälkipuoliskolla, ja ne voivat olla sinällään voimassa puoli vuotta. Lopulliset tullit 
kohdistuvat moniin eri tuotealoihin ja moniin eri alkuperämaihin. 
Yksityiskohtaiset tiedot näistä tulleista on esitetty liitteessä C. 
6. TOIMENPITEITTÄ PÄÄTETYT TUTKIMUKSET 
YLEISKATSAUS 
Tutkimukset päätetään toimenpiteittä, jos polkumyyntiä tai vahinkoa ei voida todeta, tai 
muista syistä, esimerkiksi jos valitus peruutetaan. Vuonna 1995 kahdeksan tutkimusta 
päätettiin toimenpiteittä: neljä koska vahinkoa ei todettu, kolme koska valitus peruutettiin, 
ja yksi koska havaittiin, että tuotteiden viejämaa ei ollut niiden alkuperämaa. 
Toimenpiteittä päätettyjen tutkimusten osuus kokonaismäärästä on viime vuosina pysynyt 
melko vakaana, noin kolmanneksen suuruisena. Yksityiskohtaiset tiedot toimenpiteittä 
päätetyistä tutkimuksista on esitetty liitteissä D ja E. 
C 
7. POLKUMYYNTIÄ JA TUKIA KOSKEVAT TUTKIMUKSET - UUDELLEEN­
TARKASTELUT JA TUTKIMUSTEN ALOITTAMINEN UUDELLEEN 
7.1 YLEISKATSAUS 
Polkumyynti- tai tasoitustoimenpiteet, hintasitoumukset mukaan lukien, voivat uuden 
peruslainsäädännön mukaan joutua voimassaoloaikanaan viiteen erityyppiseen 
uudelleentarkasteluun: 
* 11 artiklan 2 kohdan mukaan polkumyyntitoimenpiteet päättyvät viiden vuoden 
kuluttua, ellei päättymistä koskevassa uudelleentarkastelussa osoiteta, että 
toimenpiteet tulisi pitää voimassa alkuperäisessä muodossaan; 
* 11 artiklan 3 kohdan mukaan toimenpiteet voidaan voimassaoloaikanaan ottaa 
välivaiheen uudelleentarkasteluun komission aloitteesta, jäsenvaltion pyynnöstä tai, 
vähintään vuoden kuluttua toimenpiteen käyttöönottamisesta, asianosaisen 
pyynnöstä; . 
* 11 artiklan 4 kohdan mukaan uudelleentarkastelu voidaan suorittaa yksilöllisten 
polkumyyntimarginaalien määrittämiseksi kyseisessä viejämaassa toimiville, 
toimenpiteiden alaisille uusille viejille, jotka eivät ole vieneet kyseistä tuotetta 
tutkimusaikana ja jotka täyttävät tietyt muut edellytykset (uusia viejiä koskeva 
tarkastelu); 
* 12 artiklassa säädetään, että jos yhteisön teollisuus toimittaa riittävät tiedot siitä, 
että toimenpiteet eivät ole johtaneet jälleenmyyntihintojen muuttumiseen yhteisössä 
tai että hinnat eivät ole muuttuneet tarpeeksi, tutkimus voidaan aloittaa uudelleen 
sen selvittämiseksi, onko toimenpiteellä ollut vaikutusta näihin hintoihin 
(hintavaikutusta koskeva uudelleentarkastelu); 
« 
* 13 artiklan mukaan tutkimus voidaan aloittaa uudelleen, jos toimitetaan riittävät 
tiedot siitä, että toimenpiteitä kierretään ja että tullin korjaava vaikutus kumoutuu 
ja että polkumyynnistä verrattuna aikaisemmin määriteltyihin normaaliarvoihin on 
todisteita. Kiertämiseksi määritellään yhteisön ja kolmansien maiden välisen 
kaupan rakenteiden muutos, joka johtuu käytännöstä, menettelystä tai toiminnasta, 
jolla ei ole riittävästi perusteita tai jolla ei ole muuta taloudellista perustetta kuin 
tullin käyttöön ottaminen. 
Edellä tarkoitetut uudelleentarkastelut muodostavat edelleen suuren osan komission 
polkumyynnin vastaisen yksikön työstä. Vuosina 1991 - 1995, ja myös vuonna 1995 
yksinään, 40 prosenttia kaikista aloitetuista tutkimuksista oli uudelleentarkasteluja. 
Vuosina 1991 - 1995 aloitettiin 108 uudelleentarkastelua. Näistä 35 oli päättymistä 
koskevia uudelleentarkasteluja, 60 välivaiheen uudelleentarkasteluja (mukaan lukien 18 
uusia viejiä koskevaa tarkastelua), neljä hintavaikutusta koskevia tarkasteluja, ja yhdeksän 
aloitettiin uuden perusasetuksen toimenpiteiden kiertämistä koskevan 13 artiklan nojalla. 
u 
Noin puolessa toimenpiteiden päättymistä koskevien säännösten mukaan vireillepannuista 
tapauksista toimenpiteiden annettiin päättyä uudelleentarkastelun jälkeen, kun taas toisen 
puolen kohdalla toimenpiteitä jatkettiin, useimmiten muutettuina. Huomattakoon, että 
uuden asetuksen toimenpiteiden päättymistä koskevien säännösten mukaan toimenpiteitä 
voidaan joko jatkaa tai ne on kumottava, mutta niitä ei voida muuttaa. 
Vuonna 1995 pantiin vireille 26 uudelleentarkastelua. Näistä 10 oli välivaiheen 
uudelleentarkasteluja (yksi uusia viejiä koskeva tarkastelu mukaan lukien), seitsemän koski 
toimenpiteiden voimassaolon päättymistä, ja yhdeksän aloitettiin uusien kiertämistä 
koskevien säännösten nojalla. Yksityiskohtaiset tiedot vuonna 1995 päätetyistä 
uudelleentarkasteluista ja niiden tuloksista on esitetty liitteissä G, H ja J - M; taulukossa 
2 esitetään tilastotietoja vuosista 1991 -1995. 
7.1.1. TOIMENPITEIDEN PÄÄTTYMISTÄ KOSKEVAT UUDELLEEN­
TARKASTELUT 
Toimenpiteiden päättymistä koskevan peruslainsäädännön säännöksen tultua voimaan 1985 
(aikaisemman perusasetuksen 15 artikla, nykyisen asetuksen 11 artiklan 2 kohta) yhteensä 
251 toimenpiteen on annettu päättyä määräajan umpeuduttua. 
Vuoden 1995 aikana 11 toimenpiteen on annettu päättyä 11 artiklan 2 kohdan nojalla ilman 
uudelleentarkastelua, ja lisäksi yhden toimenpiteen on annettu päättyä uudelleentarkastelun 
tuloksena. 
Lisäksi kahdessa tapauksessa toimenpiteitä jatkettiin muutettuina. Kaikkia näitä 
toimenpiteitä selostetaan liitteissä H, L ja O. \ 
7.1.2 VÄLIVAIHEEN UUDELLEENTARKASTELUT 
Vuodesta 1991 alkaen yhdeksän uudelleentarkastelua on aloitettu välivaiheen 
uudelleentarkastelua koskevan säännöksen (aikaisemman perusasetuksen 14 artiklan, 
nykyisen asetuksen 11 artiklan 3 kohdan) nojalla. Uudelleentarkastelun tuloksena 23 
toimenpidettä kumottiin ja 43 toimenpiteen annettiin jatkua, useimmiten muutettuna. 
Vuonna 1995 aloitettiin yhdeksän uudelleentarkastelua 11 artiklan 3 kohdan nojalla. 
Vuoden 1995 aikana päättyneissä uudelleentarkasteluissa seitsemän toimenpidettä kumottiin 
ja neljän annettiin jatkua muutettuna. Näiden tarkastelujen yksityiskohdat on esitetty 
liitteissä H, I, L, M ja N. 
7.1.3 UUSIA VIEJIÄ KOSKEVAT UUDELLEENTARKASTELUT 
Periaate, jonka mukaan uusien viejien hakemuksesta voidaan myöntää uudelleentarkastelu, 
sisältyy uuden perusasetuksen 11 artiklan 4 kohtaan. Tällaisia uudelleentarkasteluja oli 
aikaisemminkin järjestetty sellaisten viejien hyväksi, jotka joutuivat maksamaan 
jäännöstullia mutta jotka eivät olleet mukana alkuperäisessä tutkimuksessa, koska ne eivät 
vielä silloin harjoittaneet vientiä yhteisömaihin. Uusien viejien on esitettävä riittävät 
e 
todisteet siitä, että ne eivät ole etuyhteydessä niihin, joihin alkuperäinen tutkimus 
kohdistui, ja että ne ovat harjoittaneet tuontia yhteisön alueelle tutkimusajanjakson jälkeen 
tai että niillä on siihen peruuttamaton sopimusvelvoite. Kun uutta viejää koskeva tarkastelu 
aloitetaan, tullin soveltaminen keskeytetään tutkimuksen ajaksi ja asianomainen yritys 
velvoitetaan kirjaamaan tuontinsa. 
Vuodesta 1990, jolloin komissio suoritti ensimmäisen tällaisen uudelleentarkastelun, on 
aloitettu 15 tutkimusta, joista yksi vuonna 1995. Samoin vuonna 1995 yhden toimenpiteen 
annettiin pysyä voimassa muuttumattomana uusia viejiä koskevan uudelleentarkastelun 
tuloksena. 
7.1.4 HINTAVAIKUTUSTA KOSKEVAT UUDELLEENTARKASTELUT 
Mahdollisuudesta suorittaa hintavaikutusta koskeva uudelleentarkastelu sellaisissa 
tapauksissa, joissa viejät suoraan tai välillisesti maksavat tullin aiheuttamat kustannukset 
ja r^llaimyyntimarginaali tämän seurauksena kasvaa, säädettiin vuoden 1988 
perussäädöksen 13 artiklan 11 kohdassa, ja sama säännös sisällytettiin vuoden 1994 
perussäädöksen 12 artiklaan. 
Vuodesta 1988 alkaen on aloitettu kuusi tällaista uudelleentarkastelua, vuonna 1995 tosin 
ei yhtään. Kaksi hintavaikutuksen tarkastelemiseksi suoritettua tutkimusta päätettiin vuonna 
1995. Näistä toisessa määrättiin lisätulli (elektroniset vaa'at Singaporesta) ja toisessa 
lisätoimiin ei ryhdytty (elektroniset vaa'at Japanista). Lisätietoja esitetään liitteissä I ja L. 
7.1.5 KIERTÄMISTÄ KOSKEVAT UUDELLEENTARKASTELUT 
Mahdollisuus aloittaa tutkimukset uudelleen silloin, kun toimitetaan todisteet 
polkumyyntitoimenpiteiden kiertämisestä, on uusi säännös, joka sisältyy uuden 
perusasetuksen 13 artiklaan. 
4 
Vuonna 1995 tutkimukset aloitettiin uudelleen yhdeksän maan osalta, joiden väitettiin 
syyllistyvän polkumyyntitoimenpiteiden kiertämiseen. Nämä tutkimukset on lueteltu 
liitteessä H. 
8. SITOUMUSTEN VALVONTA 
Komissio hyväksyy sitoumuksen, kun todetaan tällaisen toimenpiteen olevan 
tarkoituksenmukainen ratkaisu erityisesti polkumyynnin aiheuttaman vahingon 
korjaamiseksi ja kun sen toteutumista voidaan tehokkaasti valvoa. Kuten marraskuussa 
1994 järjestetyn, unionin Itä-Euroopan-suhteita käsitelleen Essenin huippukokouksen 
julistus edellyttää, mahdollisuus hyväksyä sitoumus tullin määräämisen sijasta on tutkittava 
kaikissa Keski- ja Itä-Eurooppaa koskevissa tapauksissa. Sitoumukset ovat ensisijainen 
ratkaisu myös alueellisissa tapauksissa. Lukuun ottamatta jälkimmäistä tapausta, komission 
ja neuvoston käytäntönä on yhdistää sitoumusten hyväksyminen lopullisten jäännöstullien 
käyttöön ottoon. 
f 
Useimmat komission hyväksymät sitoumukset ovat hintasitoumuksia, mutta joitakin 
määrällisiä sitoumuksia on nykyisin myös voimassa. Koska tulliviranomaiset eivät valvo 
sitoumusten noudattamista, komission suorittama tehokas valvonta on erityisen tärkeää. 
Sitoumusten valvonta alkaa asianomaisten yritysten komission yksiköille antamilla 
kertomuksilla. Kertomusten antamistiheys vaihtelee yhdestä neljään kertomukseen 
vuosittain sitoumuksen ehtojen mukaisesti. Kertomukset tarkastetaan sitoumukseen itseensä 
ja Euroopan yhteisöjen tilastotoimiston julkaisemiin tuontitilastoihin nähden. Lisätietoja 
voidaan pyytää tarvittaessa. 
Asianomaisten yritysten tiloissa suoritetaan säännöllisiä tarkastuksia, joiden avulla 
varmistetaan sitoumuksen ehtojen noudattaminen. Näiden käyntien aikana komission 
yksiköillä on laajat valtuudet tarkastaa yrityksen tilejä, laskutusta ja kaikkia asiaan 
vaikuttavia tietoja. 
Jos kertomusta ei anneta ajallaan tai jos sitoumuksen ehtoja rikotaan taikka yritys peruuttaa 
sitoumuksensa, komissiolla on perusasetuksen 8 artiklan mukaisesti oikeus asianosaisia 
kuultuaan määrätä tuotteelle tulli. 
Vuonna 1995 useiden polkumyynnin vastaisten tutkimusten yhteydessä hyväksyttiin 
sitoumuksia yhdeltä tai useammalta yritykseltä. Vuonna 1995 määrättiin neljä lopullista 
tullia viejien peruutettua sitoumuksensa. Nämä toimenpiteet koskivat Kiinan 
kansantasavallasta peräisin olevien volframimalmien ja niiden rikasteiden, volrramioksidin, 
volframihapon, volframikarbidin ja sulatetun volframikaitidinnwiriiiarJH(fferiäjältä peräisin 
olevan keinokorundin tuontia. Näiden toimenpiteiden yksityiskohdat selostetaan liitteessä 
J. 
9. PALAUTUKSET 
« 
Kannetut polkumyyntitullit palautetaan yksittäistapauksissa, joissa tuoja esittää todisteet 
siitä, että kannetun tullin määrä oli itse asiassa suurempi kuin kyseessä oleville tuotteille 
määritelty polkumyyntimarginaali. 
Vuonna 1995 annettiin yksi palautushakemusta koskeva päätös. Päätöksen mukaan Kiinan 
kansantasavallasta tuoduista espadrilloksista kannettua polkumyyntitullia koskevaa 
palautushakemusta ei hyväksytty. 
Päätös perustui siihen, että komissiolle ei ollut toimitettu riittäviä tietoja normaaliarvosta 
ja vientihinnoista, joiden perusteella se olisi voinut määritellä tosiasiallisen 
polkumyyntimarginaalin. Muut vuonna 1995 tehdyt palautushakemukset peruutettiin. 
éf 
10. ENSIMMÄISEN OIKEUSASTEEN TUOMIOISTUIN 
10.1. YLEISKATSAUS 
Ensimmäisen oikeusasteen tuomioistuimessa käsitellyt polkumyyntiä ja tukia koskevat 
tapaukset on lueteltu liitteessä P. Siinä luetellaan vuoden 1995 alussa vireillä olleet 
tapaukset sekä vuonna 1995 vireille pannut viisi uutta tapausta. Tuomio annettiin viidessä 
tapauksessa, joista esitetään tiivistelmät jäljempänä. Lisäksi yksi tapaus poistettiin 
luettelosta. 
10.2. UUDET TAPAUKSET 
Vuonna 1995 tuomioistuimen käsiteltäviksi tuodut yhdeksän uutta tapausta koskivat: tullien 
kumoamista, koska niiden väitettiin antavan yhteisön tuottajalle monopoliaseman1; 
kannettujen polkumyyntitullien palauttamista koskeneen kielteisen päätöksen kumoamista 
ja kiistaa komission päätöksestä laskea kannetut tullit mukaan kustannuksiin2; 
toimenpiteiden kohteena olevien tuotteiden alaa suhteessa siihen tuotealaan, jonka 
perusteella kärsitty vahinko määriteltiin3; valitusta siitä, että polkumyyntitulleja oli 
muutettu yhden maan osalta ja ne oli kumottu toisen maan osalta4; valimsta menettelyn 
aloittamisesta5; valitusta uudelleentarkastelun aloittamisesta ; väliaikaisten tullien 
kumoamista7; voiton määrää, jota käytettiin vahinkokynnyksen määrittämisessä ; ja 
polkumyyntitoimenpiteiden jättämistä käyttämättä9. 
Vuoden 1995 lopussa 15 tapausta oli vielä vireillä ensimmäisen oikeusasteen 
tuomioistuimessa. Lisäksi yhteisön tuomioistuimessa on vireillä komission ensimmäisen 
oikeusasteen tuomioistuimen tuomiosta tekemä valitus. 
10.3. ANNETUT TUOMIOT 
Ensimmäisen oikeusasteen tuomioistuimessa annettiin vuonna 1995 seitsemän tuomiota. 
As 
As 
As 
As 
As 
As 
As 
As 
As a T - 2/95, EYVL N:o C 54, 04.03.1995 
a T - 78/95, EYVL N:o C 119, 13.5.1995 
a T - 97/95, EYVL N:o C 159, 24.6.1995 
a T - 121/95, EYVL N:o C 189, 22.7.1995 
a T - 134/95, EYVL N:o C 229, 02.09.1995 
a T - 192/95, EYVL N:o C 351, 30.12.1995 
a T - 208/95, EYVL N:o C 351, 30.12.1995 
a T - 210/95, EYVL N:o C 31, 03.02.1996 
a T - 212/95, EYVL N:o C 64, 02.03.1996 
fl 
11. KOLMANSIEN MAIDEN UNIONIN JÄSENVALTIOIHIN KOHDISTAMAT 
TUKIA KOSKEVAT TUTKIMUKSET 
Vuonna 1995 Yhdysvallat aloitti Italiasta tuotavaa pastaa koskevat tasoimstutkimukset ja 
määräsi Italiasta tuotaville saumattomille putkille ja öljyputkituotteille lopullisen 
tasoitustullin. 
Argentiina aloitti unionista tuotavia säilykepersikoita koskevat tasoitustutkimukset ja päätti 
unionista tuotavaa oliiviöljyä koskevan tutkimuksen toimenpiteittä. 
Meksiko aloitti Tanskasta tuotavien sianlihatuotteiden tukia koskevan tutkimuksen ja 
määräsi unionista tuotavalle pakastetulle naudanlihalle lopullisen tasoitustullin. 
Samoin vuonna 1995 Kanada aloitti unionin alueelta tuotavaa puhdistettua sokeria ja 
Italiasta tuotavaa pastaa koskevat tasoitustullitutkimukset ja piti voimassa Tanskasta ja 
Alankomaista tuotavaa säilykekinkkua ja unionin alueelta tuotavia leikkeleitä koskevat 
tasoitustullit. 
Israel aloitti Italiasta tuotavaa pastaa ja unionin alueelta tuotavia leipomotuotteita koskevat 
tasoitustullitutkimukset, ja Uusi-Seelanti puolestaan ilmoitti komissiolle vastaanottaneensa 
Italiasta tuotavaa spagettia ja papusäilykkeitä koskevat valitukset. 
Australia aloitti Isosta-Britanniasta tuotavien dieselgeneraattoreiden tukia koskevan 
tutkimuksen ja Italiasta ja Espanjasta tuotaville tomaattisäilykkeille asetettua tasoitustullia 
koskevan uudelleentarkastelun. Bolivia päätti Saksasta ja Tanskasta tuotavaa vehnää 
koskevat tasoitustullitutkimukset toimenpiteittä. 
12. GATT:IA JA WTO:TA KOSKEVAT ASIAT 
« 
Vuonna 1995 yhteisö on pyytänyt lyijy- ja vismuttiterästankoja ja valssattuja terästuotteita 
koskevaa paneelikäsittelyä ja ollut vastaajana Japanista tuotavia äänikasetteja ja Brasiliasta 
tuotavaa puuvillalankaa koskevissa paneelikäsittelyissä. 
13. HENKILÖSTÖ JA HALLINTO 
Euroopan parlamentin tuen ansiosta komissio pystyi toteuttamaan vuodelle 1995 
suunnitellun henkilöstön lisäyksen. Polkumyynnin ja tukien vastaiseen osastoon 
perustetuista 59 uudesta virasta neljä osoitettiin käännösosastoon ja 55 pääosasto Leen. 
Pääosasto I:n polkumyynnin ja tukien vastaisissa tehtävissä toimivan henkilöstön 
lukumäärä on lisäysten jälkeen 199 vuoden 1995 lopussa, ulkopuolinen henkilöstö mukaan 
lukien. 
Pääosasto I:n vuonna 1994 aloittamaa laajaa henkilöstön hankintakampanjaa tehostettiin 
vuonna 1995. Polkumyynnin ja tukien vastainen yksikkö haastatteli vuoden 1995 aikana 
kaikki ne avoimissa kilpailuissa menestyneet hakijat, joilla näytti olevan riittävä pätevyys 
ja kokemus, kaikkiaan 400 henkilöä, ja valintoja tehtiin pitkin vuotta. Miltei kaikki vuonna 
1995 perustetut virat täytettiin saman varainhoitovuoden aikana, ja loput täytetään vuoden 
1996 alussa. 
Vuoden 1995 aikana palkatuista 25 on jo aloittanut työnsä polkumyynnin ja tukien 
vastaisessa yksikössä ja näin kasvattanut vuonna 1994 palkattujen uusien virkamiesten 
rivejä. 
Vuoden lopussa Euroopan parlamentti teki päätöksen toisesta ja viimeisestä polkumyynnin 
ja tukien vastaiseen yksikköön perustettavien virkojen paketista. Varainhoitovuonna 1996 
perustettavasta 59 virasta 54 on osoitettu pääosasto Leen. Tämä viimeinen virkapaketti 
täyttää polkumyynnin ja tukien vastaisiin tehtäviin osoitettujen virkojen kiintiön. Kiintiö 
on määritelty kattamaan henkilöstön lisäys, joka tarvitaan, koska polkumyyntiä ja tukia 
koskeville menettelyille on säädetty aikarajat (neuvoston asetukset (EY) N:o 521/94 ja 
522/94). 
Kesäkuussa 1995 komissio hyväksyi pääosasto I:n polkumyynnin ja tukien vastaisen 
yksikön uuden organisaatiokaavion. Tämä järjestely erotti polkumyynnin vastaiset ja 
vahingon osoittamiseksi järjestettävät tutkimukset myös muodollisesti toisistaan. Päätöksen 
jälkeen pääosasto I:n polkumyynnin ja tukien vastainen yksikkö on jaettu kahteen eri 
osastoon, joista kumpikin vastaa omasta osastaan menettelyä. Uuden organisaation 
toimintakyvyn edellyttämien muutosten ja nimitysten takia sen toiminta saatiin 
täysitehoiseksi vasta joulukuussa 1995. 
(14th Annual Report to Parliament -1995) 
CONTENTS 
Page 
1. INTRODUCTION 1 
2. GENERAL OVERVIEW-MEASURES IN FORCE 1 
3. INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS 2 
3.1. Overview 2 
3.2. Cases 2 
1. Footwear with textile uppers from the PR. China and Indonesia 2 
2. Footwear with leather or synthetic uppers from the P.R. China, 
Indonesia and Thailand 3 
3. Disposable flint lighters from the Philippines and Mexico 3 
4. 3.5" microdisks from Canada, Indonesia, Macao and Thailand 4 
5. Sacks and bags of polyethylene and polypropylene from India, 
Indonesia and Thailand , 4 
6. Furfuryl alcohol from the PR. China and Thailand 5 
7. Video cassette recorders from South Korea and Singapore and 
key components thereof from South Korea 5 
8. Polyester yarn from Malaysia 6 
9. Hydraulic excavators weighing more than six tonnes from Sputh Korea 6 
10. Unalloyed, unwrought zinc from Kazakhstan, Poland, Russia, Ukraine 
and Uzbekistan 7 
11. PET video film from South Korea 8 
12. Wood pallets from Poland 8 
13. Certain sections of iron or steel from the Czech Republic and Hungary 8 
14. Glyphosate from the P.R. China 9 
15. Ring binder mechanisms from the P.R. China and Malaysia 10 
A 
Page 
4. PROVISIONAL MEASURES 10 
4.1. Overview 10 
4.2. Cases 11 
1. Sodium carbonate (soda ash) from the U.S.A. 11 
2. Microwave ovens from the P.R. China, S. Korea, Thailand and Malaysia 12 
3. Persulphates from the P.R. China 14 
4 Refractory chamottes from the P.R. China 16 
5. Powdered activated carbons from the P.R. China 17 
6. Butt-welded tube or pipe fittings from the P.R. China, Croatia and Thailand 18 
7. Coumarin from the P.R. China 19 
8. Bicycles from Indonesia, Malaysia and Thailand 20 
9. Microdisks from Malaysia, Mexico and the U.S.A. 22 
10. Grain-oriented electrical steel sheet from Russia 23 
11. Unwrought magnesium from Russia and Ukraine 24 
5. DEFINITIVE MEASURES 26 
5.1. Overview 26 
5.2. Cases 26 
1. Furfuraldehyde from the P.R. China 26 
2. Colour television receivers from Malaysia, the P.R. China, S. Korea, 
Singapore and Thailand 27 
3. Ammonium nitrate fertilizer from Russia ' 29 
4. Sodium carbonate (soda ash) from the U.S.A. 30 
5. Ferro-silico-manganese from Brazil, Russia, S. Africa and Ukraine 31 
6. Persulphates from the P.R. China 32 
6. TERMINATIONS WITHOUT MEASURES 32 
6.1. Overview 32 
6.2. Cases 32 
1. Colour television receivers from Turkey 32 
2. Watch movements from Malaysia and Thailand 33 
3. Ammonium nitrate fertilizer frorm Lithuania 33 
4. Butt-welded tube or pipe fittings from Slovakia and Taiwan 33 
5. Parts for disposable lighters from Japan 34 
6. Ferro-silico-manganese from Georgia 35 
% 
Page 
7. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS-
REVIEWS AND REOPENING OF INVESTIGATIONS 35 
7.1. Overview 35 
1. Expiry reviews 36 
i) Photocopiers from Japan 36 
2. Interim reviews 37 
3. "Newcomer" reviews 37 
4. "Absorption" reviews 38 
5. "Circumvention" reviews 38 
8. SUSPENSION OF MEASURES 38 
9. MONITORING OF UNDERTAKINGS 39 
10. REFUNDS 39 
11. COURT OF FIRST INSTANCE 40 
11.1. Overview 40 
11.2 New cases * 40 
11.3 Judgements rendered 41 
1. Ball bearings : judgement of 2 May 1995 41 
2. Outer rings of tapered roller bearings (cups) : judgement of 14 July 1995 42 
3. Electronic weighing scales : judgement of 14 September 1995 43 
4. Paint brushes : judgements of 18 September 1995 44 
5. Potassium chloride (potash) : judgement of 28 September 1995 45 
12. ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES CONCERNING 
IMPORTS FROM EU. MEMBER STATES 46 
12.1 U.S.A. 46 
1. Pasta 46 
2. Steel 46 
12.2. Argentina 47 
1. Canned peaches 47 
2. Olive oil 47 
12.3 Mexico 47 
1. Beef 47 
2. Pork 47 
/O 
Page 
12.4 Canada 48 
1. Sugar 48 
2. Pasta 48 
3. Canned ham and luncheon meat 49 
12.5 Israel 49 
1. Pasta and baked goods 49 
12.6 New Zealand 49 
1. Spaghetti and baked beans 49 
12.7 Australia 50 
1. Diesel-fuelled generators 50 
2. Canned tomatoes 50 
12.8 Bolivia 50 
13. GATT/WTO ISSUES 50 
13.1 Dispute settlement proceedings 50 
1. GATT/WTO panel proceedings requested by the Community 50 
i) Lead and bismuth steel bars 50 
ii) Flat-rolled steel products 50 
2. GATT/WTO proceedings requested by third countries against the Community 51 
i) Audio cassettes 51 
ii) Cotton yarn 51 
14. PROPOSAL FOR A NEW BASIC REGULATION 51 
15. PERSONNEL AND ADMINISTRATION 51 
FOURTEENTH 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 Relations on the anti-dumping policy 
of the European Community4. 
The report concentrates mainly on the Community's activities during 1995, but for the 
purpose of comparison, the number of anti-dumping and anti-subsidy investigations 
initiated and concluded by the Community in the years 1991 to 1995, together with a 
breakdown of the type of measures taken, are summarized in Table 1 below. 
For 1995, a concise commentary on each case opened, each provisional and definitive 
measure taken, and each case terminated without measures, is given in sections 3, 4, 5 and 
6 of this report. 
2. GENERAL OVERVIEW - MEASURES IN FORCE 
_________________________________________________________________ ^ 
At the end of 1995, the Community had 147 measures in force, 10 of which were in the 
form of undertakings where no residual duty was in application. Of these 147 measures, 
129 were original measures and 17 were maintained following a review in accordance 
with article 15 of Council Reg. (EEC)No. 2423/88. It is, however, very important to note 
that these measures affect only 0.83% of the total of imports to the Community. 
Of all of the measures in force at the end of 1995, 56 or 38.3% of the total were imposed 
against the then state trading countries5, including the P.R. China with 30 measures. 
Since 1991, measures have been imposed in respect of Central and Eastern European 
countries (CEECs) in only 11 cases altogether. The other countries most involved since 
1991 were Japan with 12 measures, S. Korea with 9, Turkey with 7 and Taiwan with 6. 
1 Previous reports were given in COM(83)519 final/2; COM(84)721 final; COM(86)308 final; 
COM(87)178 final; COM(88)92 final; COM(89)106 final; COM(90)229 final; SEC(91)92 final; 
SEC(91)974 final; SEC(92)716 final; COM(93)516 final; COM(95)16 final and COM (95)309 final 
2 In accordance with Council Reg. (EEQNo. 2423/88, OJ L 209 of 02.08.1988, replaced by Council 
Reg. (EC)No. 3283/94, OJ L 349 of 31.12.1994 ; and Commission Decision No. 2424/88/ECSC, 
OJL 209 of 02.08.88. 
3 OJno. CI 1,18.01.82, p. 37 
4 PE 141.178/fin of 30.11.1990, rapporteur Mr. Gijs DE VRIES 
5 With regard to the then CSSR, Hungary, Poland, Bulgaria and Romania these figures only include 
measures taken when these countries were classified as state traders. They also include measures 
applied against individual CIS Republics since the dissolution of the USSR. 
TABLE 1 
Anti-dumping and anti-subsidv investigations 
during the period 1 January 1991 - 31 December 1995 
investigations in progress at the 
beginning of the period 
investigations initiated during the 
period 
Investigations in progress during the 
period 
Investigations concluded by : 
- imposition of definitive duty 
- acceptance of price undertakings 
- determination of no dumping 
- determination of no subsidisation 
- determination of no injury 
- other reasons 
Total investigations concluded 
during the period 
Investigations in progress at the 
end of the period 
Provisional duties imposed during 
the period 1991 
59 
20 
79 
19 
3 
1 
-
6 
4 
33 
46 
19 1992 
46 
39 
85 
16 
-
1 
-
4 
7 
28 
57 
18 1993 
57 
21 
78 
19 
-
1 
-
1 
6 
27 
51 
16 1994 
51 
43 
94 
19 
2 
5 
-
1 
2 
29 
65 
25 1995 
65 
33 
98 
13 
-
-
-
4 
4 
21 
77 
21 
4. 
A more realistic measurement of the impact of anti-dumping measures is, however, the 
trade value of the product concerned, and this, clearly, varies enormously depending on 
the product sector. The biggest trade values are generated by high-technology, high 
added value products, such as electronics, where economies of scale are primordial. On 
these terms, the measures against Japan take first place, representing 26.9% of the total 
trade value aiFected by all measures. At the same time, imports into Japan from the 
Community of the equivalent products were practically zero. 
3. INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY 
INVESTIGATIONS 
3.1. OVERVIEW 
In 1995, 33 investigations were initiated involving imports from 18 countries. The 
People's Republic of China featured most prominently, with 5 initiations, closely 
followed by Indonesia, South Korea and Thailand with 4 initiations apiece. Details 
of these initiations are given in Annex A. 
In the five-year period from 1991 to 1995, 156 investigations were initiated 
involving imports from 38 countries. The countries most involved were the People's 
Republic of China with 26 investigations, Thailand with 12, S. Korea with 10 and 
Indonesia, Japan, Malaysia and Russia with 8 investigations each. The 
investigations initiated over the last five years are broken down by country of export 
in Annex F. 
The sectors most involved in these investigations during the period 1991 - 1995 
were those of electronics, chemicals and textiles, with 35, 26 and 22 initiations 
respectively. Indeed, in 1995, the largest number of initiations took place in the 
electronics sector, which has also featured strongly in the four previous years. A 
breakdown by product sector is given in Annex G. 
A summary of each investigation opened in 1995 can be found below. 
3.2. CASES 
3.2.1. Footwear with textile uppers from the P.R. China and Indonesia 
The notice of initiation of an anti-dumping proceeding was published on the 22 
February 1995 with regard to imports into the Community of certain footwear 
with textile uppers originating in the People's Republic of China and Indonesia. 
The proceeding was initiated following a complaint lodged by the European 
Confederation of Footwear Manufacturers on behalf of national footwear 
federations whose members allegedly represent a major proportion of Community 
production. 
The complaint contained evidence of significant dumping based, in the case of 
Indonesia, on a comparison of prices charged for export to the Community with 
domestic prices of the like product in Indonesia, and in the case of the P.R. China, 
on the basis of a comparison of export prices with the domestic prices charged for 
the like product in Thailand, the latter being considered to be an appropriate 
analogue market for China. 
With regard to injury, it was alleged that the market share of these two countries 
had increased from 25.2% to 44.3% between 1990 and 1993, and that this increase 
in market share was accompanied by substantial price undercutting. It was further 
claimed that the market share of the Community industry, together with its profits 
and production had decreased significantly. In addition, decreases in employment 
and plant closures were alleged. 
3.2.2. Footwear with leather or synthetic uppers from P.R. China. Indonesia and 
Thailand 
The notice of initiation of a proceeding was published on the 22 February 1995 
with regard to footwear with leather or synthetic uppers originating in the P. R. 
China, Indonesia and Thailand. The complaint had also been lodged by the 
European Confederation of Footwear Manufacturers on behalf of national 
footwear federations, whose members allegedly represent a major proportion of 
Community production. 
The complaint contained evidence of significant dumping based on a comparison 
of the prices charged for export to the Community and domestic prices of the like 
product in Indonesia and Thailand, the latter being considered' an appropriate 
reference country for China. 
With regard to injury, it was alleged that the market share of the three countries 
concerned increased from 7% in 1990 to 20.6% in 1993 and that this market share 
increase was accompanied by substantial price undercutting. The consequent 
impact on the Community industry is alleged to be decreased production and 
employment, together with decreasing profitability and plant closures. 
3.2.3. Disposable flint lighters from the Philippines and Mexico 
The notice of initiation of an anti-dumping proceeding was published on 18 March 
1995 with regard to imports of gas-fuelled, non-refillable pocket flint lighters 
originating in the Philippines and in Mexico, following two complaints lodged by 
several Community producers allegedly acting on behalf of a major proportion of 
Community production. 
The complaints contained evidence of significant dumping based on a comparison 
of export prices to the Community with domestic prices in the Philippines and in 
Mexico. 
With regard to injury, it was alleged that the Filipino exporters' market share had 
substantially increased, from 0.6% in 1989 to more than 5% in 1993, and that the 
Mexican exporters' share, starting from zero in 1989, had reached 6% in 1993. It 
was furthermore alleged that this increase had been achieved by low export prices 
undercutting those of the Community industry, which caused the latter to lose 
market share, face price depression and incur financial losses. 
3.2.4. 3.5" Microdisks from Canada. Indonesia. Macao and Thailand 
The notice of initiation of an anti-dumping proceeding was published on 6 April 
1995 with regard to imports of 3.5" microdisks originating in Canada, Indonesia, 
Macao and Thailand, following a complaint lodged by the Committee of European 
Diskette Manufacturers (DISKMA), which was also the complainant in three prior 
proceedings; the first involved Japan, Taiwan and the People's Republic of China 
(definitive duties in October 1993); the second, Hong Kong and South Korea 
(definitive duties September 1994); the third, Malaysia, Mexico and the United 
States (provisional duties in October 1995 - see Section 4.2.10 of this report). 
The complaint contained evidence of substantial dumping based on a comparison 
between export prices to the Community and normal values constructed for each 
of the countries concerned on the basis of average and typical production costs in 
Canada, plus a reasonable profit margin. For Indonesia, Macao and Thailand, 
adjustments were made to reflect differences in production costs. 
With regard to injury, it was claimed that imports from the countries concerned 
had increased significantly both absolutely and in terms of market share. It was 
further alleged that the volumes and prices of the imported products had had a 
negative impact on the Community industry's prices, which, together with other 
effects, had adversely and substantially affected the industry's financial situation. 
3.2.5. Sacks and bags of polyethylene and polypropylene originating in India. Indonesia 
and Thailand 
The notice of initiation of an anti-dumping proceeding was published on 13 April 
1995 with regard to imports of bags and sacks made of polyethylene or 
polypropylene originating in India, Indonesia and Thailand, following a complaint 
lodged by the European Association for Textile Polyolefins (EATP). 
The product allegedly being dumped is woven sacks and bags of a kind used for a 
packaging of goods, not knitted or crocheted, obtained from a polyethylene or 
polypropylene strip or the like of woven fabrics weighing 120gr/m2 or less. 
The complaint contained evidence of significant dumping based on a comparison 
of normal value established on the basis of constructed value with the export price 
of the product concerned to the Community. 
With regard to injury, it was alleged that the three countries cited significantly 
increased their imports in absolute terms and in terms of market share. The 
volume and prices of the imported products have had a negative impact on the 
quantities sold and prices charged by the Community producers, which has, in 
turn, had a substantial adverse impact on the financial situation of the Community 
industry. 
3.2.6. Furfuryl alcohol originating in the PR. China and Thailand 
The notice of initiation of an anti-dumping proceeding was published on 19 April 
1995 concerning the imports into the EU. of furfuryl alcohol originating in the 
People's Republic of China and Malaysia. The complaint was lodged by Quaker 
Oats Chemicals (Q.O.), allegedy acting on behalf of a major proportion of 
Community industry. 
The produuct concerned is furfuryl alcohol (FAA), which is a chemical commodity 
belonging to the compound family called "furans". It is mainly used in the resin 
manufacturing industry and, in a higher purity state, in the pharmaceutical industry. 
The complaint contained evidence of significant dumping based on a comparison 
of export prices of the product concerned to the Community and the constructed 
normal value in Thailand, the latter also being considered as an appropriate 
analogue country for the People's Republic of China. 
With regard to injury, it was alleged that the combined market share of the two 
countries concerned had risen from slightly over 0% in 1988 to 18.9% in 1991. 
The complainant estimated that the market share of the two countries cited 
reached 16.1% in 1993 and projected that this share would reach 28.9% in 1994. 
It was, furthermore, claimed that Community prices were being signficantly 
undercut and that an overall price suppression was taking place. The complaint 
claimed that, as a consequence, the Community industry was suffering reduced 
capacity utilization and declining sales. 
3.2.7. Video cassette recorders originating in South Korea and Singapore and key 
components thereof originating in South Korea 
The notice of initiation of an investigation was published on 25 April 1995 with 
regard to imports of video cassette recorders (VCRs) from S. Korea and 
Singapore and certain key components thereof (i.e. scanners and video heads) 
originating in S. Korea. The complaint was lodged by the Direct Remedy against 
Unfair Merchandise Committee (DRUM). 
The complaint contained evidence of significant dumping. The allegation of 
dumping for VCRs was based on a comparison of normal values based on 
domestic prices with the export prices of the product concerned to the 
Community. The allegation of dumping for key components was based on 
comparing constructed normal values with constructed export prices of the 
products concerned. 
With regard to injury, it was alleged that VCR imports from S. Korea and 
Singapore increased significantly in absolute terms and in terms of market share, 
and that this increase was accompanied by substantial price undercutting. The 
volume and prices of imported VCRs were claimed to have had a negative impact 
on the quantities sold and prices charged by the Community producers, which, 
together with other effects, have had a substantial adverse effect on the financial 
situation of the Community industry. 
For key components, the complainant provided evidence that imports from S. 
Korea increased significantly and that the volume and prices of the imported 
products has had a negative impact on the quantities sold and prices charged by 
the Community producers. In combination with other effects this has had a 
substantial adverse effect on the financial situation of the Community industry. 
3.2.8. Polyester yarn from Malaysia 
The notice of initiation of an anti-dumping proceeding was published on 19 April 
1995 with regard to imports into the EU of polyester yarn originating in Malaysia, 
following a complaint lodged by the International Rayon and Synthetic Fibres 
Committee (CIRFS). 
The product allegedly being dumped is polyester textured filament yarn (PTY), 
which is used both in the weaving and knitting sectors. 
The complaint contained evidence of significant dumping based on a comparison 
between the domestic prices in Malaysia and export prices to the Community. 
With regard to injury, it was claimed that imports from Malaysia increased 
significantly in absolute terms and in terms of market share. It was further alleged 
that the volume and prices of the imported products have had a negative impact on 
the quantities sold and prices charged by the Community producers which, 
together with other effects, such as reduction in sales and profits, have had a 
significant adverse impact on the state of the Community industry. 
3.2.9. Hydraulic excavators weighing more than six tonnes from South Korea 
The notice of initiation of an anti-dumping proceeding was published on 12 May 
1995 with regard to imports of hydraulic excavators weighing more than 6 tonnes 
originating in the Republic of Korea, following a complaint lodged by the 
Committee for European Construction Equipment ( CECE), allegedly acting on 
behalf of a major proportion of Community production. 
The products concerned are self-propelled tracklaying and other hydraulic 
excavators weighing more than six tonnes and having a 360° revolving 
superstructure. 
The complaint contained evidence of significant dumping on the basis of a 
comparison of normal value established on domestic prices with the export prices 
of the product concerned to the Community . 
With regard to injury, it was alleged, and evidence was provided, that imports 
from the Republic of Korea increased significantly in absolute terms and in terms 
of market share. It was further alleged that the volume and prices of the imported 
products had had a negative impact on the quantities sold and prices charged by 
the Community producers, which, together with other effects, had had a 
substantial adverse impact on the financial situation of the Community industry. 
3.2.10. Unalloyed, unwrought zinc from Kazakhstan. Poland. Russia. Ukraine and 
Uzbekistan 
This anti-dumping proceeding was initiated on 9 June 1995 following a complaint 
lodged by Eurometaux (Association Européenne des Métaux Non-Férreux). 
The product allegedly being dumped is unalloyed, unwrought zinc, identifiable as 
super high grade, SHG, (with a minimum zinc content of 99.995%), high grade, 
HG, (with a minimum zinc content of 99.9%) and good ordinary brand, GOB, 
(with a minimum zinc content of 98.5%). 
The allegation of dumping is derived from a comparison of normal value 
established on the basis of domestic prices in Poland with the export prices of the 
product concerned to the Community. On this basis, substantial dumping margins 
are alleged for Poland. 
In view of the fact that Kazakhstan, Russia, Ukraine and Uzbekistan are non-
market economy countries, normal value was established on the basis of the price 
in Poland as an appropriate market-economy third country for the purpose of 
establishing normal value. 
The allegation of dumping for the non-market economy countries is based on a 
comparison of normal value for each country, as set out above, with the export 
prices of the product concerned for each country when sold for export from 
Kazakhstan, Russia, Ukraine and Uzbekistan to the Community. On this basis, the 
dumping margins calculated are allegedly substantial 
The complainant alleged, and provided evidence, that imports from Kazakhstan, 
Poland, Russia, Ukraine and Uzbekistan had increased significantly in absolute 
terms and terms of market share. 
It was further alleged that the volume and prices of the imported products had, 
among other consequences, a negative impact on the quantities sold and the prices 
charged by the Community producers, resulting in a substantial adverse effect on 
the financial situation of the Community industry. 
3.2.11. PET video film from the Republic of Korea 
On 14 June 1995, the notice of initiation of an anti-dumping proceeding was 
published with regard to imports into the E.U. of PET video film originating in the 
Republic of Korea. The complaint had been lodged by Hoechst Diafoil GmbH, 
Rhône-Poulenc Films and Teijin-Dupont Films, three companies allegedly 
representing 100% of Community production. PET video film is a special type of 
polyester-based film used in the manufacture of video tape. 
The allegation of dumping contained in the complaint was based on a comparison 
of normal value established on the basis of Korean domestic prices with the export 
prices of the product concerned to the Community. 
With regard to injury, the complainants claim that imports from Korea had 
increased from 200 tonnes in 1990 to 5,800 tonnes in 1994, whilst the share of the 
Community market held by these imports increased from 1% to approximately 
16.1% during the same period. 
The low level of price of the Korean products allegedly had a depressing effect on 
the prices of the Community industry, which decreased substantially even though 
the cost of the main raw materials used to manufacture PET video film strongly 
increased in 1993 and 1994. The consequent impact on the Community industry 
was claimed to be felt in the form of lost market segments in an expanding market, 
unsatisfactory rates of capacity utilization and very unsatisfactory financial results. 
3.2.12. Wood pallets from Poland 
An anti-dumping proceeding concerning the import into the E.U. of flat pallets of 
wood originating in Poland was initiated on 13 July 1995, subsequent to a 
complaint lodged by Anton Heggenstaller AG of Germany, and supported by the 
European Federation of Pallet and Wood Packaging Manufacturers (FEFPEB). 
The complaint contained evidence of substantial dumping based on a comparison 
of constructed normal value in Poland with export prices to the Community. 
The evidence of injury alleged in the complaint showed a significant increase in 
absolute terms and in terms of market share of the Polish imports. The prices at 
which these products were sold on the Community market allegedly had a negative 
impact on the quantities sold and the prices charged by the Community producers. 
This proceeding is characterized by the large number of exporters in Poland, as 
well as of Community producers, requiring recourse to sampling techniques. 
3.2.13. Certain sections of iron or steel from the Czech Republic and Hungary 
The notice of initiation of an anti-dumping proceeding was published on 14 July 
1995 with regard to imports into the E.U. of certain sections of iron or non-alloy 
steel originating in the Czech Republic and Hungary, following a complaint lodged 
by the European Confederation of Iron and Steel Industries (EURÔFER), 
allegedly acting on behalf of producers representing a major proportion of 
Community production. 
The products concerned are certain U- or I-sections (ECSC) of iron or non-alloy 
steel, not further worked than hot-rolled, hot-drawn or extruded, of a height of 
80mm more but not exceeding 300mm. 
The complaint contained evidence of significant dumping on the basis of a 
comparison of constructed normal value in the Czech Republic and Hungary with 
the export prices of the product concerned to the Community. 
With regard to injury, it was alleged, and evidence was provided, that imports 
from the Czech Republic and Hungary increased significantly in absolute terms and 
in terms of market share. It as further alleged that the volume and prices of the 
imported products had had a negative impact on the quantities sold and prices 
charged by the Community producers, resulting in a substantial adverse effect on 
the financial situation of the Community industry. 
3.2.14. Glvpnosate from the PR. China 
The notice of initiation was published on 13 October 1995 with regard to imports 
of glyphosate from the People's Republic of China. The complaint was lodged by 
Monsanto Europe SA/NV with the support of Cheminova Agro A/S. 
Glyphosate is used as a herbicide in the Community. Glyphosate is also used 
extensively in non-crop situations, such as industrial and municipal applications. It 
is also a very popular herbicide for use by the home-owner. 
The complaint contained evidence of significant dumping. In view of the fact that 
the People's Republic of China is a non-market economy country, the complainant 
proposed that normal value be established on the basis of the price or the 
constructed value in a market economy third country. For this purpose the 
complainant chose Brazil. The allegation of dumping was based on a comparison 
of normal value as set out above, with the export prices of the product concerned 
to the Community. 
With regard to injury, it was alleged that glyphosate imports from the People's 
Republic of China increased significantly in absolute terms and in terms of market 
share, and that this increase was accompanied by substantial price undercutting. 
The volume and prices of imported glyphosate were claimed to have had a 
negative impact on the quantities sold and prices charged by the Community 
producers, which, together with other effects, have had a substantial adverse effect 
on the financial situation of the Community industry. 
3.2.15. Ring binder mechanisms from the P.R. China and Malaysia 
The notice of initiation of an antidumping proceeding was published on 28 
October 1995 with regard to imports of certain ring binder mechanisms originating 
in Malaysia and the People's Republic of China, following a complaint by two 
Community producers said to represent about 90% of the Community production. 
The products concerned are ring binder mechanisms used as fittings for loose-leaf 
binders or files, but excluding lever arch mechanisms, and consisting of two or 
more round, arched or D-shaped sturdy metal rings. 
With regard to Malaysia, the complaint contained evidence of significant dumping 
established by comparing export prices to the Community to a constructed normal 
value based on the estimated production costs in Malaysia plus a profit margin. 
Since the People's Republic of China is a non-market economy country, the 
complaint presented evidence of significant dumping based on a comparison 
between Chinese export prices to the Community and the constructed normal 
value in Malaysia, which was claimed to be the most appropriate analogue 
country. 
With regard to injury, it was alleged that the market share of the two exporting 
countries increased from 26% in 1991 to 39% in 1994, and that the prices at which 
the imports came into the Community undercut those charged by the Community 
producers by between 24% and 58% for the Chinese products, and between 14% 
and 54% for those of Malaysian origin, despite a decrease in the Community's 
industry prices by up to 70% over the last 4 years. This is claimed to have had a 
deleterious effect on the financial situation of the Community producers. 
This proceeding is the first to be initiated under the new provisions concerning 
time limits in antidumping investigations. 
4. PROVISIONAL MEASURES 
4.1. OVERVIEW 
Provisional measures may be taken where the preliminary examination shows that 
dumping or a subsidy exists, that there is suflBcient evidence of injury caused thereby, 
and that the interests of the Community call for intervention. Provisional duties have, 
under Council Regulation (EC) No. 2423/88, a normal period of validity of four 
months, which may, under certain circumstances, be extended for a further two 
months. Council Regulation (EC) No. 3283/94, which came into force on 1 January 
1995 and governs all new investigations initiated after that date, provides that 
provisional duties may be imposed for six months and extended for a further three 
months, or they may be imposed for a nine-month period. However, they may only * 
be extended or imposed for a nine-month period where exporters representing a 
significant percentage of the trade involved so request, or do not object upon 
notification by the Commission. 
10 
During 1995, 21 provisional duties were imposed. As shown in Table 1, this figure 
compares to 25 in 1994 and 16 in 1993. These provisional measures cover a wide 
range of product types and origins. 
Details of the provisional duties imposed in 1995 are given in Annex B, whilst this 
section of the report gives a summary of each of these cases. 
4.2. CASES 
4.2.1 Sodium carbonate (soda ash) from the U.S.A. 
On 13 April 1995, a provisional anti-dumping duty was imposed on imports into 
the Community of sodium carbonate (soda ash) originating in the United States of 
America. The proceeding had been initiated on 6 August 1993, following a 
complaint lodged by the European Chemical Industry Council (CEFIC). 
Dumping 
Dumping margins ranged from 0.1% to 14.3%. For non cooperators, the highest 
dumping margin found, 14.3%, was considered appropriate. 
Normal values for six of the seven American producers were determined on the 
basis of the profitable sales on the domestic market in accordance with Article 
2(3)(a) of Regulation (EEC) N° 2423/88. 
For one exporter, the volume of sales on the domestic market in the ordinary 
course of trade was less than 5% of the volume of exports of the product to the 
Community since most sales were made to related parties. Therefore, the normal 
value was constructed in accordance with Article 2(3)(b)ii of the basic Regulation. 
Export prices were in general established on the prices actually paid or payable for 
the product sold for export to unrelated parties in the Community. 
Where there were sales to related parties in the Community, export prices were 
constructed in accordance on the basis of the prices at which the imported product 
was first resold to independent buyers in the Community. 
Injury 
With regard to injury, it was found that the volume of imports into the Community 
rose substantially, representing an increase in market share from 0.8% in 1990 to 
8.3% in the first half of 1993, whereas the market share of the Community 
industry decreased from 96% to 88% over the same period. 
After examination of all the elements affecting the Community industry, the 
Commission concluded that the latter was suffering material injury, characterised 
mainly by the decline in market share, the deterioration of financial results and 
employment cutbacks. The prevailing situation had also forced the Community 
11 
producers to reduce production and production capacity and in some cases to shut 
down plants. 
As far as causation was concerned, it was established that the injury suffered by 
the Community industry coincided with the increase of the dumped imports from 
the USA. With regard to other factors, it was concluded that the dumped imports 
from the USA taken in isolation, had, via their increased market penetration and 
price undercutting of up to 15% caused injury which had to be regarded as 
material. 
Community interest 
After examining the various interests involved, and in particular the position of the 
major processing industry, the glass industry, it was established that the adoption 
of the measures would re-establish fair competition by eliminating the injury 
caused by dumping. Furthermore, the impact of the anti-dumping duties on the 
prices of glass was considered to be minimal. 
Accordingly, it was concluded that to leave the Community soda ash industry 
without protection against this unfair competition would not be in the interest of 
the Community and that the Community interest called for the imposition of anti­
dumping measures. 
Measures 
The level of injury suffered was in some cases lower than the dumping margins 
found. Therefore, the anti-dumping duties imposed were based on the lower level 
found for each company, ranging from 5.4% to 14.3%, with the exception of one 
company to which no duty was applicable. See section 5.2.4. below with regard 
to definitive measures taken in this case. 
4.2.2. Microwave ovens from the P.R. China. S. Korea. Thailand and Malaysia 
On 8 July 1995, provisional anti-dumping duties were imposed on imports into the 
Community of microwave ovens originating in the People's Republic of China, the 
Republic of Korea, Thailand and Malaysia. The investigation had been initiated on 
18 December 1993 following a complaint lodged by the Groupement 
Interprofessionnel des Fabricants d'Appareils Electroménagers. 
Dumping 
Dumping margins ranged from 4.8% to 32.8% for the cooperating producers in 
Korea, and were 31.7% for the cooperating Malaysian producer, 20.3% for the 
Thai cooperating producer and 20.8% for the P.R. China. Given the high level of 
non-cooperation for microwave ovens originating in Thailand, a residual duty of 
31.8% was imposed, based on the highest weighted average dumping margin 
found for the cooperating producer with regard to an individual microwave oven 
segment. 
12 
The Republic of Korea was selected as an analogue country for the determination 
of normal value for the PR. China. 
Normal values for Thailand and Malaysia were constructed on the basis of the 
costs of manufacturing of the cooperating producers plus a reasonable amount for 
selling, general and administrative expenses and profit based on the profitable sales 
of the Korean producers, as none of the Malaysian and Thai companies concerned 
had domestic sales. 
For the Korean producers who had sufficient domestic sales in the ordinary course 
of trade on their domestic market, normal value was either based on the price 
actually paid or payable for comparable models, or constructed for those models 
exported which were not comparable to models sold on their domestic market by 
using the costs of manufacturing of the exported models plus the selling, general 
and administrative expenses and profit of the producers concerned. For the Korean 
producer who had sufficient domestic sales to permit a proper comparison, but 
where it was found that those sales were not in the ordinary course of trade, 
normal value was constructed by using its costs of manufacturing plus its selling, 
general and administrative expenses and a reasonable margin for profit established 
as the average of other Korean companies which had profitable sales on the 
domestic market. For the Korean producer which had no domestic sales on the^ 
Korean market, normal value was constructed by using its manufacturing costs, 
while selling, general and administrative expenses and profit were established as 
the average of other Korean producers which had profitable sales on the domestic 
market. 
Export prices were either based on prices actually paid or payable for the products 
sold for export to unrelated parties in the Community, or constructed on the basis 
of the prices at which the imported ovens were resold to the first independent 
buyer. This was done where sales were made via related parties in the Community, 
which was the case for a number of Korean producers. 
In order to permit a fair comparison between the normal values and the export 
prices, allowance was made for all factors affecting price comparability. 
Injury and causation 
After examining all the elements affecting the Community industry, the 
Commission concluded that the latter was suffering material injury, particularly 
visible in the form of deteriorating financial results which turned into substantial 
and increasing losses and in the form of a decrease in market shares. 
Import prices were found to have undercut the prices charged by the Community 
producers by margins ranging from 21 % to 40%. 
As far as causation was concerned, it was established that the injury suffered by 
the Community industry coincided with an increase in volume and market share of 
13 
the low priced dumped imports. No other major factors were identified that could 
have caused the injury suffered by the Community industry. 
Community interest 
With regard to Community interest, it was considered that the adoption of 
measures was necessary in order to re-establish effective competitive conditions on 
the Community market and to eliminate the injurious effects of the dumped 
imports which might jeopardize the viability of the production of microwavee 
ovens by the complaining industry. The dumped imports would also directly affect 
suppliers of components and spare parts, and could indirectly affect the whole 
sector of household appliances. 
Measures 
Since the level of injury found exceeded the dumping margins, the provisional 
duties were imposed at the level of the latter. For Korea, the provisional duties 
imposed ranged from 4.8% to 32.8%, the provisional duty for the cooperating 
Malaysian producer was 31.7%, 20.3% for the ThaTcooperating producer and 
20.8% for the P.R. China. As explained above, a residual duty of 31.8% was 
imposed for non-cooperating Thai producers. 
4.2.3. Persulphates from the PR. China 
On 17 July 1995, a provisional anti-dumping duty was imposed on imports into the 
Community of persulphates originating in the People's Republic of China. The 
investigation had been initiated on 2 March 1994, subsequent to a complaint 
lodged by the European Chemical Industry Council (CEFIC) representing the 
totality of Community producers. 
The Commission found that the three different types of persulphates (ammonium, 
sodium, potassium) should be treated as one single product because the three 
different types are perfectly interchangeable. The Commission also concluded that 
persulphates produced in the Community and the reference countrry, Japan, were 
alike to persulphates produced in the People's Republic of China, persulphates of 
these origins being identical on a type-by-type basis in their chemical composition 
and in their applications. 
Dumping 
As the People's Republic of China is a non-market economy country, the 
determination of normal value had to be based on market economy country. The 
complainant suggested the USA as reference country. However, the producer in 
the USA refused to co-operate with the Commission. The Commission then 
contacted to other known producers of persulphates in Taiwan, Turkey, Japan, 
India and Mexico. Producers in Turkey and Japan agreed to co-operate with the 
Commission. The total production of persulphates by the sole producer in Turkey 
was found to be limited. On the other hand, Japan was found to be the second 
14 
largest producer of persulphates in the world, and the presence of two independent 
producers was likely to ensure competition on the Japanese market. All three types 
of persulphates were produced in Japan using the same manufacturing process as 
in the People's Republic of China. Based on information submitted by the two 
Japanese companies willing to co-operate with the Commission, normal value was 
established on the basis of the net selling price at which the like product was sold 
in Japan. 
Export prices for co-operating exporters were established on the basis of sales to 
unrelated importers actually paid or payable for the products sold for export to the 
Community by the co-operating exporters. 
The Commission decided to establish export prices for the non-cooperating 
exporters on the basis of the export prices of the two cooperating exporters, in 
accordance with Article 7 (7) (b) of Council Regulation (EEC) No 2423/88. 
The dumping margin established on this basis, expressed as a percentage of the 
OF Community frontier import price, was 110.1%. 
Injury 
With regard to injury, it was found that imports had increased from 1.454 tonnes 
in 1989 to 3.367 tonnes in 1993. The share of the Community market held by the 
Chinese exporters increased from 7.4% in 1989 to 18.1% in 1993. During the 
same period, quantities sold by the Community industry dropped from 15.081 
tonnes to 12.287 tonnes, whilst its market share dropped from 76.6% to 65.3%. 
Profitability for the Community producers decreased substantially, while one of 
them suffered heavy financial losses. Based on these elements, the Commission 
concluded, for the purpose of its preliminary findings, that the Community industry 
had suffered material injury. 
Community interest 
With regard to Community interest, it was concluded that it was in the interest of 
the Community to adopt measures aimed at eliminating the injury caused to the 
Community industry by dumped imports of persulphates from the People's 
Republic of China. Indeed, the cost of persulphates as an oxidizing agent forms an 
extremely small part of the overall cost of the end-users. Under these 
circumstances it would not be in the interest of the Community to expose itself to 
the risk of total shutdown of an entire industry for the benefit of short-term 
advantages for end-users of persulphates. 
The injury margin established being below the dumping margin found, the 
provisional duty was imposed at the level of the latter, i.e. 83.3%. 
15 
4.2.4. Refractory chamottes from the P.R. China 
The notice of initiation of an anti-dumping proceeding was published on 15 April 
1993, covering imports into the Community of certain types of refractory 
chamottes originating in the P.R. China. A provisional anti-dumping duty was 
imposed on 30 July 1995. 
Dumping 
Since the People's Republic of China is a state trading country, normal value had 
to be based on the conditions of a market economy country (analogue country). 
In this case, the domestic prices in the U.S.A. were used as a basis for normal 
value. 
As no cooperation was obtained from any Chinese exporter or related importer, 
the export prices were established on the basis of the export prices contained in 
EUROSTAT statistics. The dumping margin thus established amounted to 28.4 %. 
Injury 
In terms of market share, the imports from the People's Republic of China rose 
from 31.4 % in 1989 to 46.5 % in the investigation period, whilst the market share 
of the Community industry fell from 57.1 % to 40.2 % over the same period./the 
investigation furthermore showed the existence of continued and systematic price 
undercutting which amounted to 4 %. The injury was reflected in a significant 
decrease of sales quantities, market share, production capacity, level of 
employment and profitability including the incurrence of a financial loss in the 
investigation period. ' 
Community interest 
It was established that the Community industry, due to its proven reserves of raw 
material and its location close to its clients, was in a position to ensure, in the long 
run, reliable supply to the user industry. Its maintenance was therefore considered 
to be in the interest of the users. Consequently, it was considered that measures 
had to be taken in order to protect the Community industry from unfair trading 
practices which threatened its viability. 
On the other hand, it was considered that, firstly, the measures would probably 
lead to a price increase and would thus have an impact on the production costs of 
the user industry and that, secondly, the measures should not result in a 
withdrawal of the Chinese exporters from the Community market. It was 
concluded, therefore, that the measures should be limited to a level necessary to 
remove the injury to the Community industry. 
16 
Measures 
Therefore, a variable provisional anti-dumping duty was imposed on the basis of a 
minimum price of 75 ECU per tonne, this being equivalent to an increase of 10 % 
of the average import price found in the investigation period. 
4.2.5. Powdered activated carbons from the PR. China 
On 15 August 1995, a provisional anti-dumping duty was imposed on imports into 
the Community of powdered activated carbons originating in the People's Republic 
of China. The proceeding had been initiated on 2 March 1994 following a 
complaint lodged by the Council of European Chemical Industries (CEFIC), 
representing a major proportion of Community production. 
Dumping 
A dumping margin of 71.5% was established for all Chinese exports to the 
Community. The normal value was based on domestic prices in the USA which 
was considered to be an appropriate analogue country for this product. 
Injury 
It was found that Chinese imports had increased their market share of the 
Community market from 4.1% in 1990 to 11.4% during the investigation period 
(1993). The prices at which these imports were sold on the Community market 
were found to have undercut the prices charged by the Community industry by 
23.5%. 
It was, furthermore, established that the Community industry had suffered losses in 
production, sales, and market share, which led to a decrease in employment and 
resulted in increasing financial losses. 
Community interest 
It was considered that the short-term price advantages gained by users of 
powdered activated carbons from the dumped prices had to be seen against the 
background of the longer term effects of not restoring fair competition. 
Furthermore, it was clear that unless measures were taken, the viability of the 
Community industry might be at risk As, in addition, the effect of any anti­
dumping measures on PAC users could not be significant, it was concluded that it 
was in the interest of the Community to remove the injury suffered by the 
Community industry through the effects of Chinese dumping and to restore fair 
competition by the imposition of a provisional anti-dumping duty. 
17 
Measures 
As the injury elimination level was lower than the dumping margin established, the 
provisional duty for Chinese PAC imports was set at the level of the former, i.e. 
66.8% of the net free-at-Community frontier price before duty 
4.2.6. Butt-welded tube or pipe fittings from the P.R. China. Croatia and Thailand 
On 3 October 1995, provisional anti-dumping duties were imposed on imports into 
the Community of tube or pipe fittings originating in the P.R. China, Croatia and 
Thailand. The proceeding had been initiated in February 1994 with regard to these 
three countries, as well as the Slovak Republic and Taiwan, subsequent to a 
complaint lodged by the Defence Committee of the EEC Steel Butt-Welded 
Fittings Industry. 
Dumping 
Since the P.R. China is a state-trading country, normal value had to be based on 
the conditions of a market economy country. In this case, domestic prices as well 
as constructed values in Thailand were used as a basis for normal value. For 
Croatia, it was found to be neceessary to establish normal value on the basis of the 
facts available. With regard to Thailand, normal value was based on domestic 
prices, and for certain product types either sold at a loss or not sold at all on the 
domestic market, on constructed value, calculated by adding costs of production 
and a reasonable amount for profit. 
Export prices for all producers and exporters in the three countries were 
determined on the basis of sales to independent importers in the Community. 
On this basis, dumping margins were provisionally established at a level of 58.6% 
for the P.R. China and Croatia, and between 39.5% and 63.4% for the three Thai 
exporters. 
Injury 
With regard to injury, the investigation revealed that the cumulated market share 
of the exporting countries concerned rose from 2.5% in 1989 to 14.3% during the 
investigation period. The imports were made at prices which undercut those of the 
Community industry by between 21.3% and 40.7%. As a result, the Community 
industry suffered a decline in production and sales volume, and a loss of market 
share, and was unable to introduce price increases to cover rising production 
costs. Their financial results deteriorated as a consequence. 
Community interest 
In assessing the Community interest, it was established that, in view of the 
substantial financial losses incurred by the Community producers, not to take anti­
dumping measures would aggravate the situation and threaten the viability of the 
Community industry. With regard to the prices of the products concerned, it was 
18 
considered that the imposition of anti-dumping duties would have a limited effect 
on the end user industries. The investigation therefore concluded that it was in the 
Community's interest to remove the injury caused to the industry and to restore 
fair competition by the imposition of provisional anti-dumping measures. 
Measures 
Since, in the case of the sole Croatian producer and one of the Thai producers, the 
injury margin was lower than the dumping margin found, the duty for these 
producers was based on this lower level. In all other cases, the provisional duty 
was limited to the dumping margins established. The duty rates were, therefore, 
58.6% for the P.R. China and 38.4% for Croatia. For Thailand, provisional duties 
ranged from 39.5% to 58.9%. 
4.2.7. Coumarin from the P.R. China 
Provisional anti-dumping duties were imposed on 7 October 1995 on imports into 
the Community of coumarin originating in the People's Republic of China. The 
investigation had been initiated on 20 May 1994, following a complaint lodged by 
the European Chemical Industry Council, on behalf of Rhône-Poulenc, the sole 
Community producer of coumarin. 
Dumping 
The dumping margin calculated for these imports was in excess of 50%. The 
normal value was based on domestic sales prices in the U.S.A., the only market 
economy country in which it was possible to find a coumarin producer willing to 
co-operate. Furthermore, it was established that the U.S.A. could be considered 
to be an appropriate analogue country. 
Export prices were established on the basis of the prices actually paid by importers 
of coumarin in the Community. In order to allow a fair comparison between 
normal value and export prices, normal value was based on selling prices at 
distributor level in the U.S.A., and it was adjusted downwards to take into account 
differences in physical characteristics. Further adjustments were made for all other 
factors affecting price comparability, i.e. ocean freight, insurance and credit costs. 
Injury 
With regard to the injury, it was found that imports from the P.R. of China 
increased their market share by 66% between 1990 and the investigation period, in 
a market which shrank by about 10% over the same period. This result was 
obtained by a systematic price undercutting policy. During the investigation 
period in particular, the prices of imports from P.R. of China undercut those of the 
Community producer by 28.7%. 
19 
The Community producer, which tried to maintain the level of its prices in order to 
cover its production costs, saw its sales on the Community market cut by half and 
its market share reduced by more than 50%. Consequently the production costs 
per unit of the Community producer increased considerably and it recorded heavy 
losses from 1992 until the investigation period. 
Community interest 
The Commission considered that it was not in the Community interest to risk the 
shutting down of the sole coumarin plant in the Community, in view of its heavy 
consequences on employment; in this case, not only the people directly involved in 
the production of coumarin would lose their jobs, but also those employed in other 
linked production processes, which would become uncompetitive. The 
Commission also found that the impact of the duty on the prices of the perfume 
compounds containing coumarin would be negligible. 
Measures 
Since the dumping margin exceeded the level of injury, the anti-dumping duty was 
based on the latter. A provisional antidumping duty of 3479 ECU per tonne was 
therefore imposed on imports of coumarin from the P.R. of China. 
4.2.8. Bicycles from Indonesia. Malaysia and Thailand / 
/ 
On 14 October 1995, provisional anti-dumping duties were imposed on imports of 
bicycles from Indonesia, Malaysia and Thailand. The proceeding had been initiated 
on 3 February 1994, following a complaint lodged by the European Bicycle 
Manufacturers Association (EBMA). This was the second complaint involving 
bicycles. The first, concerning imports from Taiwan and the People's Republic of 
China, had been initiated in October 1991 and was concluded with the imposition 
of a definitive anti-dumping duty of 30.6% on imports from the People's Republic 
of China in September 1993. With regard to imports from Taiwan, that proceeding 
was terminated without measures in September 1993. 
Dumping 
Dumping margins for co-operating producers ranged from 0.4% to 22.8% in 
Indonesia, from 25.2% to 38.3% in Malaysia and from 13.2% to 41.9% in 
Thailand. For non-co-operating producers in each of the three countries, a 
dumping margin based on the weighted average of the highest dumping margins 
found for bicycle models exported to the Community was considered appropriate. 
Those duty rates were 29.0% for Indonesia, 41.5% for Malaysia and 48.8% for 
Thailand. For two Indonesian companies which did not sufficiently co-operate in 
the investigation, provisional dumping margins were based on the arithmetic 
average of the highest dumping margin found for a co-operating company in 
Indonesia and the rate established for non-cooperating producers. That rate was 
25.9%. 
20 
Normal values for a number of models of bicyles exported from Indonesian and 
Thai producers could be based on verified domestic sales prices. For the rest of 
models exported from Indonesia, Malaysia and Thailand, bicycle models sold 
domestically were technically too different, not sold in sufficient quantities or sold 
at a loss. Consequently, normal values were constructed on the basis of verified 
manufacturing costs plus a reasonable amount for selling, general and 
administrative expenses and profits. 
Export prices for all three countries were based on prices actually paid or payable 
for products for export to unrelated parties in the Community. 
Injury 
The aggregated market share of dumped imports from Indonesia, Malaysia and 
Thailand increased form 4.4% in 1990 to 6.8% in 1993, whilst the share of the 
Community producers fell from 42.0% in 1990 to 33.5% in 1993. The prices of 
dumped imports significantly undercut prices of the Community industry by up to 
over 40%. Contrary to positive expectations for recovery, based upon the decline 
of imports from the People's Republic of China, sales, turnover and production 
decreased substantially, resulting in a significant loss of market share, a lower 
capacity utilization, smaller employment figures and a deterioration of the financial 
situation. 
As regards causation, it was found that imports from India, South Korea and 
Vietnam, as well as sales from non-cooperating Italian companies, also increased. 
A customs investigation co-ordinated by DG XXI revealed that bicycles reported 
in EUROSTAT as coming from Vietnam actually originated in China. 
As regards prices, the Commission had no evidence that Indian or South Korean 
bicycles, or bicycles produced by non-cooperating Italian producers, were sold at 
prices as low as those from the countries under investigation. It could not be ruled 
out that imports from India, South Korea or Vietnam or sales by non-cooperating 
Italian producers may have contributed to the difficult state of the Community 
industry. However, it was concluded that, given the substantial increase of import 
volumes from Indonesia, Malaysia and Thailand and the considerable degree of 
price undercutting, those imports, taken in isolation, had caused material injury to 
the Community industry. 
Community interest 
Having examined the various interests involved, it was felt that the imposition of 
provisional measures would re-establish fair competition by eliminating the 
injurious effects of dumping practices from Indonesia, Malaysia and Thailand, and 
would afford to the Community industry the opportunity of maintaining 
competitive production. Furthermore, it was considered to be in the Community 
interest to adopt provisional anti-dumping duties in order to prevent further injury 
being caused by the dumped imports during the remainder of the investigation. 
21 
Measures 
Undercutting margins for all co-operating producers were higher than the 
provisional dumping margins. Therefore, provisional duties were imposed at the 
level of the dumping margins. 
4.2.9. Microdisks from Malaysia. Mexico and the U.S.A. 
On 16 October 1995, provisional anti-dumping duties were imposed on imports 
into the Community of 3.5" microdisks originating in Malaysia, Mexico and the 
USA. The proceeding had been initiated on 2 September 1994, following a 
complaint lodged by the Committee of European Diskette Manufacturers 
(DISKMA). This was the third complaint involving 3.5" microdisks lodged by 
DISKMA. In the first, concerning imports from Japan, Taiwan and the People's 
Republic of China, definitive anti-dumping duties were imposed in October 1993; 
the second involved Hong Kong and South Korea, with the imposition of 
definitive duties in September 1994. 
Dumping 
It proved unnecessary to establish whether dumping existed for co-operating 
producers in Mexico and the US, as the injury margins for these producers were 
found to be de minimis. For Malaysia, dumping margins ranged from 26.8% to 
46.4%. 
A large proportion of exports from each of the countries concerned was not 
covered by the investigation (32% for Malaysia, 65% for Mexico and 40% for the 
US). In addition, Eurostat data showed that the prices of the exports of non-
cooperating producers in each country were greatly below those of producers 
which had cooperated, and undercut Community industry prices by large margins. 
In the light of these factors, dumping margins for non-cooperating producers were 
established on the basis of the highest dumping margin found or the dumping 
margin alleged by the complainant, whichever was the higher. The resultant 
margins were 46.4% for Malaysia, and 44% for Mexico and the USA. 
For Malaysia, normal value for one cooperating producer was established on the 
basis of the price actually paid in the ordinary course of trade for domestic sales of 
the product concerned. As the domestic sales of the other cooperating producer 
were insufficient to permit a proper comparison, normal value was calculated on 
the basis of the verified costs of production for the producer concerned plus a 
reasonable amount for selling, general and administrative expenses, and profit. 
Export prices for Malaysia were generally established on the basis of the price 
actually paid or payable for the product sold for export to unrelated parties in the 
Community Where there were sales to related parties in the Community, as was 
the case for one co-operating producer, export prices were constructed in 
accordance with Article 2(9) of Regulation (EC) No 3283/94, on the basis of the 
price at which the imported product was first resold to independent buyers in the 
Community. 
22 
Injury 
After examination of all the elements affecting the Community industry, the 
Commission concluded that the latter was suffering material injury. Although 
certain quantitative indicators, such as production, sales and capacity utilisation 
showed positive development, due in large measure to the expansion of the 
market, the benefit of this positive movement was totally offset by the low levels 
of prices, which remained below the threshold necessary for the generation of 
profits adequate to finance the investment needed to allow the Community 
industry to keep pace with the swiftly changing conditions prevailing in the area of 
information technology. Despite expanding consumption, for example, the 
Community industry's prices fell by 44% between 1990 and July 1994. 
Community interest 
After weighing the various interests involved, it was concluded that the adoption 
of measures would re-establish fair competition by eliminating the injury caused by 
dumping, and allow the Community industry an opportunity to maintain and 
develop its presence in a rapidly changing sector of technological importance. In 
addition, the component supply industry would derive a degree of security from 
the continued viability of the Community industry. 
Measures 
The Commission imposed provisional measures at the level of the lower of the 
price undercutting margins or the dumping margins. For Malaysia, provisional 
duties ranged from 13% to 46.4%, and, for Mexico and the USA, from 0% to 
44%. 
4.2.10. Grain-oriented electrical steel sheet from Russia 
On 20 October 1995, a provisional anti-dumping duty was imposed on imports of 
certain grain-oriented electrical sheets originating in Russia. The investigation had 
been initiated on 20 May 1994, following a complaint lodged by EUROFER. 
(European Federation of Iron and Steel Industries) allegedly acting on behalf of a 
major proportion of Community production. 
The product concerned is grain oriented cold-rolled sheets and strips of silicon-
electrical steel with a width of more than 500 mm, which are used for 
electromagnetic appliances and in installations such as power and distribution 
transformers. The product concerned is an ECSC product. 
Dumping 
Russia being a non-market economy country, Brazil was selected as analogue 
country. Normal value was calculated on the basis of the weighted average 
23 
domestic selling price of the like product sold for consumption on the Brazilian 
market. 
Since all export transactions were found to have been dumped, the export price 
was calculated on the basis of the weighted average selling price actually paid or 
payable for all export transactions to the Community 
On the basis of this approach, a substantial dumping margin was determined at the 
provisional stage, amounting to 73.46%. 
Injury 
With regard to injury, the investigation determined that the imports concerned had 
substantially increased, reaching a market share of 7.4% in 1993 and in the first 
four months of 1994, up from 0.7% in 1990. These imports were made at prices 
which undercut those of the Community producers by up to 28%. The Community 
industry suffered losses of sales and market share, and was forced to depress its 
prices, factors which together led to a decline in profits and, in the end, to financial 
losses. 
Community interest 
With regard to the Community producers, the investigation showed that the 
substantial increase in the of dumped imports had already caused a significant 
deterioration of their situation and that, in the absence of protective measures, this 
situation would continue or even be aggravated. As grain-oriented electrical sheets 
are used mainly in the electrotechnical industry for the production of a wide 
variety of industrial and other appliances used in sensitive areas like defence, 
transport and power distribution, it was considered to be in the interest of the 
Community to preserve its own steady, reliable and high quality sources of supply. 
With regard to the end users, it was considered that, even if the imposition of anti­
dumping measures were to result in a certain increase in the price of the steel 
sheets in question, such an effect would be counterbalanced by the maintenance of 
a continued supply of high quality products from sources within the Community. 
Measures 
As the dumping margin found was greater than the level of injury caused by the 
dumping, the provisional duty was set at the level of the injury margin, i.e. 43,2 %. 
4.2.11 Unwrought magnesium from Russia and Ukraine 
On 23 December, a provisional anti-dumping duty was imposed on imports into 
the Community of unwrought magnesium originating in Russia and the Ukraine. 
The proceeding had been initiated on 15 January 1994, following a complaint 
lodged by the Liaison Committee for Ferro-Alloy Industries (Euroalliages). 
24 
Dumping 
Dumping margins of 55% and 64% were established for Russia and Ukraine 
respectively. As these countries are both considered to be non-market economies, 
the normal value had to be based on a market economy country. The 
complainants had suggested Japan, which the Commission considered not to be 
comparable to Russia and the Ukraine with regard to access to raw materials and 
technology used. A producer in the U.S.A. decided not to cooperate in the 
proceeding, whilst one producer in Canada who was willing to cooperate was 
found not to have sufficiently representative domestic sales. Norway was finally 
selected as reference country for both Russia and the Ukraine, a choice justified by 
the fact that the production plants in Russia and the Ukraine were set up during 
the existence of the USSR and used the same production technology. Though the 
Norwegian producer was found to have substantial domestic sales, normal value 
was constructed as it was established that this producer had not made profitable 
sales of the product concerned in sufficient quantities during the investigation 
period. 
Export prices and volumes for Russia were determined on the basis of all the 
export transactions reported by one of the Russian producers and on the basis of 
the sales transactions reported by the other producer as having been made to its 
related company located in Switzerland. Export prices and volumes for Ukraine 
were determined by taking into consideration all sales transactions for which the 
shipping address was a customer located in the Community. 
Injury 
With regard to injury, it was found that cumulated imports from Russia and the 
Ukraine had increased from 2.000 metric tonnes in 1991 to 6.000 metric tonnes in 
the investigation period, corresponding to an increase in market share from 4% in 
1991 to 20% during the investigation period. In comparison, the Community 
industry's market share fell from 17% to 7% over the same period. Furthermore, 
the prices of the imports were found to have continually decreased, undercutting 
those of the Community industry, which were already depressed, by between 30% 
and 40% during the investigation period. In addition, the Community industry's 
substantially reduced production and sales volume, the decrease in capacity 
utilization and the increase in stocks led to significant financial losses during the 
investigation period, despite efforts to reduce costs. Based on these elements, the 
Commission concluded, for the purposes of its preliminary findings, that the 
Community industry had suffered material injury. 
Community interest 
In this regard, it was noted that, without remedial action, the viability of the 
Community industry would have been threatened, a consequence of which had 
already been foreshadowed by the fact that one Community producer had already 
ceased production. With respect to the competition situation, it was found to be 
unjustified to conclude that the imposition of measures would have the 
consequence of eliminating Russian and Ukrainian exporters from the Community 
25 
market in view of the presence of other exporters who were not dumping. No 
users of unwrought magnesium submitted information relating to the possible 
effect of anti-dumping measures on their situation, though it could be assumed that 
they had benefitted, in the short term, from the low prices of dumped imports. 
Due to the relatively small percentage of total production costs represented by 
unwrought magnesium in its main applications, it was concluded that the effect on 
the users, if any, of imposing measures would be very limited. It was, therefore, 
deemed to be in the interest of the Community to ensure the viability of the sole 
Community producer and consequently to impose anti-dumping measures. 
Measures 
As the injury elimination margin was found to be higher than the dumping margin, 
the measures were imposed on the basis of the latter. The measures took the form 
of a variable duty based on a minimum price of ECU 2.735 for Russia and ECU 
2.701 for Ukraine in order to enable the exporters to maximize their returns while 
at the same time ensuring that injurious dumping is eliminated. 
5. DEFINITIVE MEASURES 
51. OVERVIEW 
Definitive measures may be taken where the facts as finally established during the 
investigation show that there is dumping or subsidization, that injury is caused 
thereby, and that the interests of the Community call for intervention. Definitive 
anti-dumping or countervailing duties are imposed by the Council, acting by simple 
majority on a proposal submitted by the Commission after consultation of the 
Member States. 
As shown in Table 1, definitive duties were imposed in 1995 in 13 cases. Though 
rather less than in previous years, it reflects the fact that all but one of the 
provisional duties imposed in 1995 were published in the second half of the year, 
and as such, can be valid for up to six months. The definitive duties imposed again 
cover various product sectors and origins. Whilst details of these duties can be 
found in Annex C, a summary of each case is given below. 
5.2. CASES 
5.2.1 Furfuraldehvde from the P.R. China 
On 21 January 1995 the Council imposed a definitive antidumping duty on imports 
into the Community of furfuraldehvde originating in the PR. China. The 
investigation had been initiated in July 1993, and a provisional duty imposed on 21 
July 1994. 
26 
Dumping 
A dumping margin of 62,6% was established for the Chinese exports. The normal 
value was calculated on the basis of domestic sale prices in Argentina , which was 
considered to be an appropriate analogue country. 
Export prices were determined on the basis of actual prices to independent 
importers in the Community. In order to allow a fair comparison between normal 
value and export prices, allowances were made for all factors affecting price 
comparability. 
Injury 
After a further analysis, the Commission decided to include in the assessment of 
injury the imports from a third country, which had been formerly excluded on the 
grounds that these imports occurred in a captive market. On this basis, it was 
found that imports from the P.R. China had increased from 13.7% in 1992 to 
15.7% during the investigation period. The prices of these imports were found to 
have undercut those of the Community producer by 24%, and and to have 
decreased by* more than 30% during the investigation period. 
In this larger market context, it was established that the Community producer 
managed to maintain its market share at a level of around 6%, by dint of dropping 
its sales prices by 36% between 1991 and the investigation period. 
However, as the market shrank, the complainant suffered a considerable decline in 
sales and production volumes which, cumulated with the price depression, resulted 
in heavy financial losses. 
Community interest 
The Council considered that it would not be in the Community interest to risk the 
disappearance of the sole remaining producer left in the Community of a product 
which has a strategic importance in the oil refining sector. The Council also found 
that the impact of an increase in the price of furfuraldehvde on the price of the end 
product would be negligible. 
Measures 
Since the dumping margin found exceeded the level of injury, the anti-dumping 
duty was based on the latter. A definitive anti-dumping duty was imposed which 
took the form of a fixed amount of 352 ECU per tonne. 
52.2. Colour television receivers from Malaysia, the P.R. China. S. Korea. Singapore, 
and Thailand 
On the 01.04.95, definitive anti-dumping duties were imposed on imports into the 
Community of CTVs from the five countries referred to above. The proceeding 
27 
was initiated on the 25 November 1992 following a complaint from SCAN, 
representing several large Community producers. Provisional duties were imposed 
on the 1 October 1994. 
Origin 
In the case of several exporters, the origin of their CTV exports was found to be 
different to the origin declared to the Customs authorities on importation into the 
Community. This finding was especially marked in the case of exports made from 
Turkey and was one of the principal determining factors which led the Commission 
to terminate the proceeding in respect of Turkey. A separate summary of the 
Commission's decision is outlined below (section 6.2.5.) 
Dumping 
For technical reasons which would have required numerous adjustments to the 
domestic selling prices charged in each of the exporting market economy 
countries, normal values for these countries were based instead on constructed 
values. These normal values were constructed by adding to the reported 
manufacturing costs of the models exported to the Community, the weighted 
average SG&A costs incurred on the domestic markets of these countries. To 
these production costs was added an amount for profit corresponding to, the 
average profit earned on CTV sales on the domestic markets. 
Because the P.R. China is a non-market economy country, normal value was based 
on constructed value in Thailand, which was considered to be an appropriate 
analogue country. 
Export prices were constructed for some exports from S. Korea, Thailand and 
Singapore on the basis of the prices charged to the first independent customer in 
the Community, as these exports had been imported by related parties and the CIF 
price was, therefore, a transfer price. 
In order to establish a fair basis for comparison between domestic and export 
prices, allowances were made, where appropriate, for all factors affecting price 
comparability, e.g. differences in conditions of sale such as different credit terms, 
duty drawback claims on exported models, transport and other direct selling costs. 
The dumping margins found ranged from 2.3% to 25.1% for Malaysia, 14.7% to 
33.6% for Thailand, 0% to 24.6% for Singapore, 13.4% to 17.9% for S. Korea. 
A single margin of 25.6% was established for the P.R. China, while a zero 
dumping margin was established for two Turkish companies assembling CTVs of 
S. Korean origin. 
Injury 
Between 1989 and the end of the investigation period, imports from the countries 
concerned increased by almost 135%, from 2.04 million units in 1989 to 4.8 
28 
million units. This import surge was accompanied by a parallel increase in market 
share, which increased from 9.9% to 19.6% over the same period, whilst sales by 
the Community industry fell by 6% in terms of volume and the corresponding 
market share declined from 36% to 28%. 
Injury calculations were based on the weighted average margin of price 
undercutting found in France, Germany, Greece, Italy, Spain and the U.K. The 
margins of price undercutting found at the provisional stage were confirmed and 
injury elimination levels were calculated as follows, up to 23.4% for Malaysia, up 
to 29.89% for Thailand, up to 23.68% for Singapore, up to 54% for S. Korea and 
58.7% for the P.R.China. 
The Community industry was found to have suffered injury with declines in 
production, capacity utilization, sales, market share, prices and employment. The 
Commission found that, notwithstanding the possible negative impact of other 
factors on the Community industry, dumped imports from the countries concerned, 
with the exception of Turkey, had materially injured the Community industry. 
Community interest 
It was considered that the restoration of fair trading practices would neither 
prevent producers in third countries or other established producers in the 
Community competing on the Community market, nor reduce diversity of supply. 
The anticipated remedial effects of the measures were expected to take the form of 
a redistribution in the market shares held by the competing elements on the 
Community market, with any price increases being limited by the nature of the 
measures imposed and the number of competitors on the Community market* 
Measures 
The definitive duties imposed were equivalent to the lower of the price 
undercutting margins found and ranged from 0% in the case of CTVs of S. 
Korean origin assembled in Turkey to 17.9% for S. Korea, from 2.3% to 23.4% 
for Malaysia, from 0% to 23.6% for Singapore, from 3% to 29.8% for Thailand, 
and a single duty of 25.6% for the People's Republic of China. 
5.2.3. Ammonium nitrate fertilizer from Russia 
In June 1994, the Commission announced the initiation of an anti-dumping 
proceeding concerning imports into the Community of ammonium nitrate 
originating in Lithuania and Russia, and commenced an investigation. 
Dumping 
The investigation revealed that imports from both Russia and Lithuania had been 
dumped. The investigation period was April 1993 - March 1994. Since these 
countries were both non-market economies, normal value was based on profitable 
29 
domestic sales of ammonium nitrate in Poland, which was chosen as analogue 
country. The dumping margins established were 31.3 ECU/tonne for Russia and 
21 ECU/tonne for Lithuania. 
Injury 
Between 1990/91 and 1993/94, the Community industry lost market share and 
sales, and suffered a steep fall in production and selling prices. A profit of 15.6% 
on sales in 1990/91 deteriorated to a loss of 6.8% by 1993/94. The Community 
industry was therefore found to have suffered material injury. 
The market share of imports from Russia increased from 0.3% in 1990/91 to 
7.3%, and undercut the price of the Community producers by 6 ECU per tonne, 
even after a quality adjustment. Russian imports were therefore found to have 
caused material injury to the Community industry. 
Community interest 
The need to re-establish a situation of fair competition by protecting the 
Community industry from injurious dumping was considered to outweigh any 
small increase in fertiliser prices to farmers which may result from the measure. 
Measures 
Imports from Lithuania, however, in view of their much lower and declining 
market share (3.2%) and their slightly higher price, were not considered to have 
caused material injury, and the proceeding was terminated with regard to Lithuania 
(see section 6.2.1). 
Consequently, a definitive anti-dumping duty was imposed only on imports of 
ammonium nitrate from Russia, in the form of a variable duty. The minimum price 
of 102.9 ECU per tonne was based on the injury threshold, which was just below 
the dumping margin. 
In view of this finding, the UK regional anti-dumping measure against imports 
from Russia (a quantitative undertaking set at 100.000 tonnes per year) was 
therefore be repealed, while the equivalent regional measure concerning imports 
from Lithuania remained in force. 
52.4. Sodium carbonate (soda ash) from the U.S. A 
Provisional duties were imposed on this product from the U.S.A. on 13 April 1995 
(see section 4.2.1. above). At the definitive stage, these duties were adjusted 
subsequent to a recalculation of the underselling margins. The level of duties 
imposed at the definitive stage thus ranged from 2.5% to 13.9%, with the 
exception of one company to which no duty was applicable. 
x 
5.2.5. Ferro-silico-manganese from Brazil Russia. S. Africa and Ukraine 
On 6 October 1995, definitive anti-dumping duties were imposed on imports of 
ferro-silico-manganese originating in Brazil, Russia, S. Africa and Ukraine. The 
investigation had been initiated on 4 August 1993, and provisional duties were 
imposed on 19 December 1994. 
Dumping 
The dumping margins definitively established were 54.2% for Russia, 43.9% for 
Ukraine, 36.1% for Brazil, and 45.3% and 48.3% for the cooperating producers in 
South Africa. 
Since Russia and Ukraine are non-market economies, the normal value for these 
countries was based on the normal value calculated for Brazil. With regard to 
Brazil, only two companies cooperated in the investigation and, since one was a 
subsidiary of the other, it was considered appropriate to calculate one dumping 
margin for the group. The normal value for Brazil was accordingly based on an 
average of the data submitted by both producers. It was determined on a monthly 
basis in order to offset inflation, and recourse was had to domestic sales or to a 
constructed value where prices did not permit recovery of all costs in the ordinary 
course of trade. For the South African producers, normal value was based on 
domestic sales in the ordinary course of trade. 
Export prices were those charged to independent importers or constructed where, 
as in the case of one South African producer, sales were made to a related 
importer in the Community. In comparing the normal value with the export prices, 
due allowances were made for differences in physical characteristics and selling 
expenses affecting price comparability. 
Injury 
With regard to injury, it was found that the cumulated market share of the 
countries cited increased from 15.4% in 1989 to 29.7% during the investigation 
period, whilst prices of these imports continuously decreased, undercutting those 
of the Community industry. The consequent impact on the Community industry 
was a loss in market share, price depression and a deterioration of the financial 
results of this industry, leading to heavy losses. 
Community interest 
With regard to Community interest, it was considered that the need to preserve a 
Community presence in this sector outweighed the limited impact that the 
measures would have on the end users, the steel producers. 
Measures 
Definitive duties were imposed at the level of the dumping margins found, in the 
form of variable duties, which amounted to the difference between the net free-at-
31 
Community frontier price, before duty, and minimum prices of 504 ECU/tonne for 
Russiaa, 492 ECU/tonne for Ukraine, 485 ECU/tonne for Brazil and 500 
ECU/tonne for South Africa. 
The cooperating Ukrainian and South African exporters offered undertakings 
which were considered to be acceptable by the Commission, and were therefore 
excluded from the scope of the duty. However, due to the immediate withdrawal 
of its undertaking, the imports of one South African company were made subject 
to registration. 
52.6. Persulphates from the PR. China 
Provisional duties were imposed on this product from the P.R. China on 17 July 
1995 (see section 4.2.3 above). At the definitive stage, having considered the 
arguments presented, particularly with regard to quality differences and like 
product, the provisional duty level of 83.3% was confirmed at the definitive stage. 
6. TERMINATIONS WITHOUT MEASURES 
6.1. 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 1995, 
eight investigations were concluded without measures, 4 of which due to findings 
of no injury, 3 due to the withdrawal of the complaint and one because the 
products exported were found not to have the origin of the exporting country. 
The ratio of investigations terminated without measures to the total number of 
investigations concluded over the last five years has remained relatively steady, at 
about one-third. Details of the investigations terminated without measures are 
given in Annexes D and E, and a short summary of each case is given below. 
6.2. CASES 
62.1. Colour television receivers from Turkey 
On 1st April 1995, the Commission terminated the anti-dumping proceeding in 
respect of imports into the Community of colour television receivers originating in 
Turkey. The proceeding had been initiated on 25 November 1992 following a 
complaint from SCAN, representing several large Community producers. 
Dumping 
The dumping investigation established that the vast majority of the televisions 
exported from Turkey originated in either South Korea or the Community itself. 
In addition, it was established that a number of practices which were likely to 
favour the dumping of colour televisions from Turkey had been, or were in the 
process of being, phased out by the Turkish government. 
32 
In the light of the above and the absence of any new evidence, the Commission 
saw no reason to amend its provisional finding that there were insufficient 
elements to justify the imposition of measures on CTVs exported from Turkey and 
accordingly, terminated the proceeding. 
62.2. Watch movements from Malaysia and Thailand 
In May 1994, the Commission imposed a provisional anti-dumping duty on 
imports into the Community of watch movements originating in Malaysia and 
Thailand. Shortly after the imposition of this provisional duty, the sole 
Community producer, which was the complainant industry in this proceeding, went 
into receivership. In October 1994, the Commission was informed that the 
Community producer concerned had been taken over by another company. 
Given this change of circumstances with regard to the Community industry, the 
Commission examined whether this factor might lead to a change in its findings as 
set out in the provisonal Regulation. In this regard, the Commisison noted that, 
since the take-over of the sole Community producer, the new owners of the 
company had explicitly requested that the proceeding not be pursued. In these 
circumstances, the Commission concludued that the proceeding shsould be 
terminated without the imposition of protective measures. A Decision to that 
effect was published in the Official Journal on 1 June 1995. 
6-2.3. Ammonium nitrate fertilizer from Lithuania 
In June 1994, the Commission announced the initiation of an anti-dumping 
proceeding concerning imports into the Community of ammonium nitrate 
originating in Lithuania and Russia. 
The investigation revealed that imports from Lithuania had been dumped. As 
Lithuania is a non-market economy country, normal value was based on profitable 
domestic sales of the like product in Poland, which was chosen as analogue 
country. The dumping margin was established at 21 ECU/tonne for Lithuania. 
Imports from Lithuania, however, in view of their small and declining market share 
((3.2%) and their slightly higher price, were not considered to have caused 
material injury to the Community industry. It was therefore considered 
unnecessary to impose anti-dumping measures on Lithuania, and the proceeding 
was consequently terminated on 23 August 1995. 
6.2.4. Butt-welded tube or pipe fittings from Slovakia and Taiwan 
The notice of initiation of an anti-dumping proceeding with regard to imports into 
the Community of butt-welded tube or pipe fittings from, inter alia, Slovakia and 
33 
Taiwan was published on 3 February 1994, subsequent to a complaint lodged by 
the Defence Committee of the EEC Steel Butt-Welded Fittings Industry. 
Dumping 
Since the sales made by the companies concerned on their domestic markets in 
Slovakia and Taiwan were found to have been made at a loss, normal values were 
constructed by adding a reasonable profit margin to the cost of production. 
Export prices for both countries were established on the basis of actual prices paid 
or payable by independent importers in the Community. The comparison of 
normal values with export prices showed dumping margins of 25.2% for Slovakia 
and between 49.9% and 54.4% for the Taiwanese exporters. 
Injury 
It was found that the volume and market shares of the imports from Taiwan and 
Slovakia were sharply declining. It was therefore considered that they were not 
contributing to the material injury suffered by the Community industry. 
Accordingly, protective measures were deemed unnecessary, and the Decision 
terminating the investigation with regard to Slovakia and Taiwan was published on 
3 October 1995. 
6.2.5. Parts for disposable lighters from Japan 
On 7 October 1995, the Commission terminated the anti-dumping proceeding with 
regard to imports into the Community of parts for gas-fuelled, non-refillable 
pocket lighters originating in Japan. The investigation had been initiated on 1st 
August 1991 
During the course of the investigation, the Commission found that, subsequent to 
the complaint being lodged, the pattern of trade had changed insofar as parts of 
lighters were no longer exclusively sourced in Japan. Since doubts existed in 
relation to the actual origin of the parts in question, an additional investigation was 
carried out in order to determine the real origin of the goods. 
This investigation did not reveal any misdeclaration in respect of origin but, given 
the long period of time which it required, during which the anti-dumping 
investigation was suspended, the Commission considered it appropriate to verify 
whether the resumption of the latter investigation was warranted. Questioned in 
this respect, the complaining Community producers admitted that market 
developments since the initiation of the proceeding had resulted in imports of parts 
of gas-fuelled, non-refillable pocket lighters originating in Japan being no longer as 
injurious to them as they were when the complaint was lodged. They 
consequently withdrew their complaint. 
34 
6.2.6. Ferro-silico-manganese from Georgia 
The anti-dumping proceeding concerning imports of ferro-silico-manganese from 
Georgia was terminated without measures on 14 October 1995. The proceeding 
was initiated in Aaugust 1993 with regard to imports from Russia, Ukraine, 
Georgia, Brazil and South Africa, subsequent to a complaint lodged by the Liaison 
Committee of Ferro-Alloy Industries (Euroalliages). 
Provisional duties were imposed on the other countries involved on 19 December 
1994. At that time, the imports from Georgiaa were excluded from the scope of 
the measures on the grounds that their negligible volume could not be considered 
to be contributing to the injury suffered by the Community industry. At the 
definitive stage, this finding was contested by neither the Community industry nor 
the other exporters. The Commission therefore formally terminated the 
proceeding with regard to Georgia. 
7. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS - REVIEWS 
AND REOPENING OF INVESTIGATIONS 
7.1. OVERVIEW 
Anti-dumping or countervailing measures, including price undertakings, may be 
subject, under the new basic legislation, to 5 types of review during their lifetime : 
• Article 11(2) provides for the expiry of anti-dumping measures after five years 
unless an expiry review demonstrates that they should be maintained in their 
original form ; ' 
• Article 11(3) provides for the interim review of measures during their validity 
period on the initiative of the Commission, at the request of a Member State or, at 
least one year after the imposition of the definitive measure, following a request 
from an interested party ; 
• Article 11(4) allows for a review to be carried out for the purpose of determining 
individual margins of dumping for new exporters in the exporting country subject 
to measures who have not exported the product during the investigation period 
and who can fulfill certain other criteria ("newcomer review") ; 
• Article 12 provides that an investigation may be reopened, where the Community 
industry submits sufficient information showing that measures have led to no 
movement, or insufficient movement, in resale prices in the Community, to 
examine whether the measure has had an effect on those prices ("absorption 
review") ; 
• Article 13 provides for the reopening of an investigation where sufficient 
information is submitted to show that circumvention of measures is taking place, 
that the remedial effects of the duty are being undermined, and that there is 
evidence of dumping in relation to the normal values previously established. 
35 
Circumvention is defined as a change in the pattern of trade between third 
countries and the Community which stems from a practice, process or work for 
which there is insufficient due cause or economic justification, other than the 
imposition of the duty. 
The above-mentioned reviews continue to represent a major part of the work of the 
Commission's anti-dumping unit. In the period from 1991 to 1995, as well as in the 
single year 1995, review investigations represented over 40% of all investigations 
opened. 
Between 1991 and 1995, a total of 108 review investigations were initiated, 35 of 
which were "sunset" or expiry reviews, 60 of which were interim reviews (including 
14 "newcomer" reviews), 4 of which were "absorption" reviews, and 9 under article 
13 of the new basic regulation concerning circumvention. In about half of the cases 
initiated under the "sunset" provisions, the measures were allowed to expire following 
the review, whilst for the other half, measures were continued, mainly in amended 
form. In this respect, it should be noted under the provisions for expiry review 
contained in the new regulation, measures may either be maintained or repealed, but 
not amended. 
In 1995, a total of 26 reviews were initiated. Of these, 10 were interim reviews 
.(including one "newcomer" review), 7 were expiry reviews and 9 were opened 
according to the new provisions on circumvention. Details of the review 
investigations and of the results of review investigations concluded in 1995 can be 
found in Annexes G, H and J-M, whilst Table 2 provides statistical information for 
the years 1991 - 1995. 
7.1.1. EXPIRY REVIEWS 
Since the "sunset", or expiry, provision of the basic legislation came into force in 
1985 (art. 15 of the previous basic regulation, art. 11(2) of the current 
regulation), a total of 251 measures have been allowed to expire automatically. 
In 1995, 11 measures were allowed to expire automatically under article 11(2), 
and one measure was, in addition, allowed to expire following Na "sunset"" 
review. In two further cases, measures were continued in an amended form. The 
references for all these measures are set out in Annexes H, L and P. 
By way of example, a summary of one important expiry review investigation is 
given below. 
i) Plain paper photocopiers from Japan 
In October 1995, the Council decided to maintain the definitive anti-dumping 
duty on imports of plain paper photocopiers (PPCs) originating in Japan further 
to a review of those measures initiated in August 1992. 
The review found that the existing anti-dumping duty had been effective in 
significantly reducing the volume of imports of PPCs originating in Japan. The 
36 
remaining import volumes, however, still represented 26 percent in volume. 
Those imports were substantially dumped and sold at prices in the Community 
which significantly undercut those of the Community industry for comparable 
models. Furthermore, the dumped imports had become particularly injurious in 
that they consisted, to a much larger degree than before, of large PPCs which 
used to be sold mainly and profitably by the Community industry. The degree of 
undercutting on large PPCs was found to be twice that of small PPCs. As a 
result, the Community industry lost a large part of its market share of large PPCs 
to the dumped imports from Japan and profitability declined considerably. On the 
whole, in was found that the Community industry could not be said to be in a 
better position than at the time of the original investigation, when the Council 
determined that material injury existed. 
The Council thus decided to maintain the existing anti-dumping duty at its rates 
already in force (which vary between 7.2 percent and 20 percent) for a further 
period of two years (taking into account the exceptionally long duration of the 
review procedure), and to extend the product scope of the duty to include PPCs 
capable of operating at a speed of more than 75 copies per minute of A4 size 
paper. The maintenance of measures at their existing level and their extension to 
PPCs over 75 copies per minute was deemed necessary, but also sufficient, to 
counteract the injurious effects of dumping, especially on large PPCs. 
The limitation of the new measures to two years instead of the usual five years 
was considered justified by the exceptional length of the review investigation 
during which the existing duty had remained in force. 
7.1.2. INTERIM REVIEWS 
Since 1991, 61 reviews have been initiated under the provisions for interim 
reviews (art. 14 of the previous basic regulation, art. 11(3) of the current 
regulation). Following review, 23 measures were repealed and 43 were allowed 
to continue, mainly in amended form. 
In 1995, 9 reviews were initiated under article 11(3). During 1995, and 
subsequent to review investigations, 7 measures were repealed and 4. allowed to 
continue in amended form. Details of these reviews can be found in Annexes H, 
I, L, M, and N. 
71.3. "NEWCOMER" REVIEWS 
The principle of granting reviews to new exporters is enshrined in article 11(4) of 
the new basic regulation. Such reviews had also been carried out in the past for 
the benefit of 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. New exporters need to provide sufficient evidence that they have 
no links with any party involved in the original investigation, and that they have 
exported to the Community since the investigation period, or have an irrevocable 
contractual obligation to do so. When a review for a new exporter is initiated, 
37 
TABLE 2 
Reviews of Anti-dumping and anti-subsidy investigations 
during the period 1 January 1991 - 31 December 1995 
Reviews in progress at the 
beginning of the period 
Reviews opened during the period 
Reviews in progress during the 
period 
Investigations concluded by : 
- imposition of definitive duty in lieu 
of price undertaking 
- amendment of definitive duty 
- suspension of definitive duty 
- acceptance of price undertaking 
irV lieu of definitive duty 
- amendment of price undertaking 
- repeal or expiry of definitive duty 
- repeal or expiry of price 
undertaking 
- no change of the measures in 
force 
Total reviews terminated during the 
period 
Reviews in progress at the end of 
the period 
Provisional duties imposed during 
the reviews 
Duties imposed as a result of 
violation of undertaking 
Measures suspended without 
review 1991 
21 
16 
37 
1 
3 
-
-
5 
4 
2 
-
15 
22 
-1992 
21 
27 
48 
1 
11 
-
-
1 
5 
-
-
18 
30 
-1993 
30 
22 
52 
1 
17 
— 
1 
1 
7 
1 
2 
30 
22 
2 1994 
20 
17 
37 
1 
10 
-
-
-
2 
-' 
-
13 
24 
2 1995 
24 
26 
50 
-
6 
-
-
-
7 
1 
2 
16 
34 
4 
4 
3 
the duties are suspended for the duration of the investigation, whilst imports from 
that company are made subject to registration. 
Since the Commission carried out the first review of this type in 1990, 15 
investigations have been initiated, one of which was in 1995. Also in 1995, one 
measure was allowed to remain in place unamended as a result of a newcomer 
review. 
714. "ABSORPTION" REVIEWS 
The possibility of "absorption" reviews, which deal with situations where the 
exporters directly or indirectly bear the cost of the duty and thereby increase the 
dumping margin, was incorporated into the basic legislation of 1988 under article 
13(11), and enshrined in article 12 of the 1994 basic legislation. 
Since 1988, six such reviews have been initiated, though none was initiated in 
1995. Two "absorption" review investigations were terminated in 1995, where 
additional duties were imposed in one case (electronic weighing scales from 
Singapore) and no further action was taken in the other (electronic weighing 
scales from Japan). References can be found in Annexes I and L. 
7.1.5. "CIRCUMVENTION" REVIEWS 
The possibility of investigations being re-opened in circumstances where 
evidence is brought that anti-dumping measures are being circumvented was 
introduced by article 13 of the new basic regulation. 
In 1995, investigations were opened with regard to 9 countries where it was 
alleged that practices intended to circumvent anti-dumping measures was taking 
place. These investigations are listed in Annex H. 
8. SUSPENSION OF MEASURES 
Article 14(4) of the new basic regulation provides, for the first time, for the temporary 
suspension of measures in cases where market conditions have temporarily changed to an 
extent that injury would be unlikely to resume as a result of the suspension. Measures 
may be reinstated if the reason for the suspension is no longer applicable. In 1995, this 
article was applied for the first time, and measures were suspended in three cases. Details 
are given in Annex 0. 
38 
9. MONITORING OF UNDERTAKINGS 
Undertakings are accepted by the Commission where it is found that such a measure 
constitutes an appropriate solution, in particular eliminates the effect of injurious 
dumping, and where it can be effectively monitored. In line with the Declaration of the 
Essen Summit of November 1994 regarding the Union's relations with Eastern Europe, 
the possibility of concluding a anti-dumping investigation by accepting undertakings 
instead of imposing duties has to be examined in all cases involving countries of Central 
and Eastern Europe. Undertakings also constitute the primary solution in regional cases. 
Except for the latter, it is the practice of the Commission and Council to combine the 
acceptance of undertakings with the imposition of definitive residual duties. 
Most undertakings accepted by the Commission take the form of price undertakings, but 
some quantitative undertakings are also in force at the present time. Given that the 
respect of undertakings is not controlled by the customs authorities, effective monitoring 
by the Commission is of particular importance. 
The monitoring of undertakings begins with the reports submitted by the companies 
concerned to the Commission's services. The frequency of these reports varies between 
one and four per year depending on the terms of the undertaking. These reports are then 
checked against the undertaking itself and against the import statistics published by 
EUROSTAT. Further information may be requested if necessary. 
Regular inspections are made at the premises of the companies concerned to ensure 
compliance with the terms of the undertaking. During these visits, the Commission's 
services have wide powers to inspect the company's accounts, invoices and any other 
relevant information. 
If the reports fail to be submitted on time, if the terms of the undertaking are violated or if 
the company withdraws its undertaking, the Commission may, in accordance with Article 
8 of the Basic Regulation, impose duties on the product after having given interested 
parties an opportunity to comment. 
In 1995, undertakings were accepted from one or more companies in the framework of 
several anti-dumping investigations. Four definitive duties were imposed in 1995 
following the withdrawal of an undertaking by the exporters. These measures concerned 
imports of tungsten ores and concentrates, tungstic oxide and acid, and tungsten carbide 
and fused tungsten carbide originating in the P.R. China, and artificial corundum 
originating in Russia. Details of these measures are given in Annex J. 
10. REFUNDS 
A refund of anti-dumping duties paid is granted in individual cases where the importer 
brings evidence to the effect that those duties were, in fact, higher than the dumping 
margin established in respect of the goods concerned. 
39 
In 1995, one decision was rendered with regard to requests for refund^. This decision 
declared inadmissible a request for the refund of anti-dumping duties paid on imports of 
espadrilles originating in the P.R. China. 
This decision was motivated by the fact that insufficient information had been provided 
with regard to normal value and export prices in order to enable the Commission to 
calculate the actual dumping margin. Other refund requests were withdrawn during the 
course of the year. 
11. COURT OF FIRST INSTANCE 
11.1. OVERVIEW 
A list of the anti-dumping and anti-subsidy cases before the Court of First Instance 
is given in Annex P. It shows the cases which were still pending at the beginning of 
1995, in addition to the five new cases brought during the year. Judgements were 
rendered in five cases, summaries of which are given below. In addition, one case 
was removed from the register. 
11.2 NEW CASES 
The nine new cases brought during the year concerned : the annulment of/duties 
imposed on the grounds that they create a monopoly position for the community 
producer7 the annulment of a decision not to grant refunds of anti-dumping duties 
paid, and challenging the Commission's inclusion of those duties as a cost8 ; the 
extent of the scope of the product subject to measures in relation to that which 
formed the basis of the injury determination9 ; a challenge to the amendment of 
anti-dumping duties in respect of one country and their repeal in respect of another10 
; a challenge to the initiation of proceedings11 ; and a challenge to the initiation of 
review proceedings12 ; the annulment of provisional duties13, the profit used for 
calculating the injury threshold14 and, the failure to impose anti-dumping 
measures15. 
At the end of 1995, 15 cases were still pending in front of the Court of First 
Instance. An appeal lodged by the Commission against a judgement of the Court of 
First Instance was also pending in front of the Court of Justice, as well as one 
lodged by Blackspur DIY against a judgement of the Court of First Instance. 
6 OJ No L 229, 26.9.95, p. 10. 
7 Case T - 2/95, OJ C54, 04.03.95 
8 Case T- 78/95, OJ C 119, 13.05.95 
9 Case T - 97/95, OJ C 159, 24.06.95 
10 Case T - 121/95, OJ C 189, 22.07.95 
1 * Case T-134/95, OJ C 229, 02.09.95 
12 CaseT-192/95, OJ C 351, 30.12.95 
13 Case T - 208/95, OJ C 351, 30.12.95 
14 Case T - 210/95, OJ C 31, 03.02.96 
15 Case T- 212/95, OJC 64, 02.03.96 
40 
11.3. JUDGEMENTS RENDERED 
The Court of First Instance delivered judgements in 1995 in seven cases : 
11.3.1. Ball-bearings : judgement of 2 May 199516 
- Cases T-163/94 and T-165/94, NTN Corporation and Koyo Seiko v. Council 
The applications in these cases were lodged by two companies manufacturing 
ball-bearings in Japan, and whose exports to the Community were subject to anti­
dumping duties of 3.2% (NTN) and 5.5% (Koyo), until, as a result of a review 
investigation, those duties were increased to 11.6% and 13.7% respectively. 
The applicants had put forward several pleas contesting the regulation extending 
and increasing the definitive duties as a result of the review, which had taken 41 
months to complete, and during which the measures would otherwise have 
expired after the normal five-year period. These pleas concerned the abnormal 
length of time taken to carry out the review; the allegation that the Council had 
failed to establish injury to the Community industry and did not correctly 
determine the possible effects of the expiry of the existing measures; the fact that 
the measures were imposed in the absence of any finding of injury or threat of 
injury, and of any likelihood of recurrence of material injury; an alleged misuse of 
powers on the ground that the Council was aware that there was neither injury 
nor a threat of injury to the Community industry; and the level of anti-dumping 
duties imposed. 
With regard to the pleas on absence of injury or threat of injury, the Court noted 
that the Council's decision to modify the duties subsequent to review was based 
on the view that the dumped imports threatened to cause material injury to the 
Community industry, it being clear that the contested regulation contained no 
evidence of actual material injury, and that the removal of the existing anti­
dumping measures could lead to a recurrence of material injury. 
In the light of the above, the Court found that the Council's conclusion in the 
contested regulation that the dumped imports threatened to cause material injury 
to the Community ball-bearing industry was wrong in law and in fact. In this 
respect, the Court further found that the general result of the errors of fact made 
by the Council was to show trends contrary to the true evolution of the market. 
With regard to the plea that the review investigation was not completed within a 
reasonable time, the Court held that the one year period mentioned in the basic 
regulation had to be considered as a guideline rather than a mandatory time-limit. 
However, in view of the Community institutions' familiarity with the ball-bearings 
sector, going back to 1976, and the fact that other investigations in respect of 
this sector had been completed in far less time, the Court considered that the 
Council could not rely on its arguments relating to the complexity of the data to 
be collected and examination of the profitability of Community production to 
justify such a long period. 
16 Cases T-163/94 andT 165/94, OJ C 159, 24.06.95 
41 
Consequently, the Court ruled that Article 1 of the contested regulation should 
be annulled in so far as it affected the applicants, and deemed it unnecessary to 
rule on their Other pleas. 
113.2. Outer rings of tapered roller bearings (cups) : judgement of 14 July 199517 
- Case T-166/94, Koyo Seiko v. Council 
The applicant is a manufacturer of, inter alia, outer rings of tapered roller 
bearings (cups) in Japan, the import of which into the Community were subjected 
to a definitive anti-dumping duty in January 1993. 
Though the parties agreed that cups are a separate product which may be the 
subject of a separate anti-dumping proceeding, the applicant claimed that there 
was, in the present case, no competition between the cups of different producers 
since, in practice, it was impossible to assemble the cups of one producer with 
the other components of another producer's tapered roller bearings. Therefore, 
the import of dumped cups could not cause injury different from the injury 
caused by the import of dumped complete tapered roller bearings. 
In this respect, the Court held that the Community institutions were correct to 
concentrate their analysis on the cup as a separate product since, in addition to 
the technical distinction that exists between a cup and a complete TRB, the cups 
were sold and invoiced separately from the other components of the TRB. The 
Court further held that the existence of competition between cups from different 
producers did not merely depend upon their degree of interchangeability but that, 
since the product as a whole could be replaced by another, any advantage derived 
from one of the components of that product was likely to influence the 
consumer's choice. By the same token, undercutting the price of the cup was 
indeed likely to injure the Community producers of cups. 
The applicant further contested the Community institutions' right to limit their 
investigation into injury to only one part of the Community market though, as in 
this case, the parties had agreed that the French, German and United Kingdom 
producers represented a major proportion - 80% - of Community production. 
The Court held that the institutions' practice of taking only a representative part 
of the Community market in order to investigate the impact of dumped imports 
did not infringe the principle of the unity of that market, provided that the 
representative nature of the sample was sufficiently demonstrated. The Spanish 
and Italian markets, which were closed to imports as a result of national 
protective measures, were considered to be atypical in comparison with the 
Community market for cups as a whole. The Court therefore held that the 
institutions were right in regarding the sample taken to be representative of the 
Community market as a whole, both as regards price differences and as regards 
sales and market shares. 
17 Case T-166/94, OJ C268, 14.10.95 
42 
The applicant had further complained that the Council had insufficiently 
investigated whether or not imports of cups from third countries other than Japan 
might have contributed to the injury caused to the Community industry. 
Although all parties had recognized that the term "small quantities" used in the 
regulation imposing provisional duties, and referring to imports of cups from 
third countries other than Japan, was incorrect, the Court considered that the 
content of the provisional regulation as a whole had to be interpreted by 
reference to the entire reasoning adopted by the institutions in order to establish 
whether other reasons likely to have affected the injury found were investigated, 
and whether such factors had been taken into account. 
In this respect, the Court noted that the Community institutions at least 
investigated whether the import of cups from third countries other than Japan 
might have contributed to the injury suffered by the Community industry. It 
further noted that the applicant had never disputed that the Community 
institutions had correctly determined the injury in terms of the profitability of the 
Community industry, in spite of its claims that manifest errors of appraisal were 
committed. Consequently, since the injury was determined in terms of the 
Community producers' profitability, it was not unreasonable for the Community 
institutions to consider that the import of cups originating from related 
companies could not have had an effect on the profitability of the Community 
producers. Indeed, the aim of any producer being to increase the profitability of 
its business, the decision to import cups from related companies either in order to 
sell them directly and separately on the Community market, or in order to 
incorporate them into complete TRBs with the objective of reducing the cost 
price and thus increasing profitability, could not have resulted in a loss in profits 
and could not therefore have constituted a cause of injury. 
The Court therefore held that the Community institutions had correctly 
considered that the import of cups from third countries other than Japan could 
not have affected the profitability of the Community industry, and did not 
therefore have to be taken into account in order to determine the injury caused by 
the dumped Japanese imports. 
The application was dismissed. 
11.3.3. Electronic weighing scales : judgement of 14 September 199518 
- Case T-171/94, Descom Scales Manufacturing Co. Ltd. v. Council 
The appUcant is a producer of electronic weighing scales in S. Korea, being 
jointly owned by Dailim Scales of Seoul, S. Korea and Ishida Scales, Kyoto, 
Japan. The product concerned, on which an anti-dumping duty of 26.7% was 
imposed in October 1993, is an electronic weighing scale for use in the retail 
trade, manufactured by Descom, and marketed in Korea by Dailim and in the rest 
of the world by Ishida. Ishida Europe Ltd., a wholly-owned subsidiary of Ishida 
18 CaseT-171/94, OJ C 286, 28.10.95 
43 
Japan, marketed the scales in Europe via three independent buyer/distributors, 
and invoiced the latter via Descom and Ishida Japan. 
The applicant challenged the Commission and Council's finding that the export 
price of its product was unreliable because Ishida Europe incurred selling 
expenses for the product which were normally borne by an importer. The 
Community institutions had constructed the export price on the basis of the price 
invoices to the three importers, from which were deducted the average general 
expenses of Ishida Europe and a reasonable profit. The applicant argued that 
none of the conditions for constructing the export price given in the basic 
regulation had been met. 
The Court noted that Ishida Europe, Ishida Japan and Descom were, indeed 
connected undertakings, that the scales produced by Descom were sold through 
the intermediary of Ishida Europe, which also handled customers' orders, and that 
Ishida Europe was established in the Community, the formalities for exporting 
the products from Japan being carried out by Descom and not by Ishida Europe. 
The Court further noted that the unit price for the product paid by one of the 
three independent buyers to Ishida Europe did not correspond to the price 
invoiced to the latter by Ishida Japan. The Court therefore held that, in the 
circumstances mentioned above, and bearing in mind the association between 
Ishida Europe and Descom, the price paid by the three independent buyers could 
not be used as the export price. 
As to the applicant's claim that their rights of defence were infringed, in that the 
Commission failed at the time the facts were verified to inform the applicant of its 
decision to reject its claim for adjustments to salesmen's salaries, and failed to 
provide a written note of the verification made, the Court held that the basic 
regulation did not lay down any obligation to draw up a report after each 
verification in the course of an investigation. The Court further noted that the 
regulation provides that exporters and importers may request to be informed of 
the essential facts and considerations on which the recommended measures are 
based, and that the Commission may give that information either orally or in 
writing as it considers appropriate. 
The application was therefore dismissed. 
11.3.4 Paint brushes : judgements of 18 September 199519 
- Case T-167/94, Detlef Nolle v. Council and Commission 
- Case T-168/94, Blackspur DIY Ltd. and others v. Council and Commission 
The applicants are importers into Germany and the U.K. of paint, distemper, 
varnish and similar brushes originating in the People's Republic of China, which 
had been subject to anti-dumping duties in March 1989. 
Following the judgement of the Court of Justice (Case C-16/90, see 10th Annual 
Report, section 6.2.4.) which declared invalid the regulation imposing definitive 
19 Cases T-167/94 and 168/94, OJ C 286, 28.10.95 
44 
anti-dumping duties and collecting the provisional duties, the applicants lodged 
claims for compensation for the damage allegedly incurred by reason of the 
adoption of that regulation. 
The Court dismissed the applications for compensation, and ordered the 
applicants to pay the costs. Blackspur DIY subsequently lodged an appeal. 
11.3.5. Potassium chloride (potash) : judgement of 28 September 199520 
- Case T-164/94, Ferchimex S.A. v. Council 
Ferchimex S.A., the applicant, is an official importer of potash from Russia and 
Belarus into the Community, and was involved, in that capacity, in the anti­
dumping proceeding which resulted in the imposition of definitive duties on 
imports into the Community of potassium chloride originating in Belarus, Russia 
and Ukraine. 
The applicant argued that normal value had been wrongly determined, that the 
assessment of injury was illegal since no account had been taken of the role 
played by the complainants, and that the Commission failed to notify the 
authorities in Russia, Belarus and Ukraine of the proceeding. 
With regard to the first plea, the Court held that the determination of normal 
value fell within the wide discretion enjoyed by the institutions in analysing 
complex economic situations. In view of the fact that Canada had, in this case, 
to be regarded as an appropriate reference country, and of the efforts made by 
the Commission to obtain information from sources other than a Canadian 
producer with links to Community producers, the Court concluded that the 
Commission had had no alternative but to use information emanating from that 
company. It was also considered reasonable for this information to have been 
used in conjunction with information on prices on the U.S. market in view of the 
fact that the Canadian market had been found to be too small to be 
representative. 
The Court also held that no provision in the basic regulation pbliged the 
Commission, on opening the proceeding, to inform the parties of the method by 
which normal value was to be calculated. 
With regard to the plea that the assessment of injury was illegal since no account 
was taken of the role played by the complainants, the Court considered that the 
Council had not exceeded the limits of the discretion conferred on the institutions 
by deciding not to exclude the complainants who had imported from the 
definition of Community industry in view of the small proportion represented by 
those imports. 
As far as concerned the plea that the Commission had failed to notify the 
authorities in Russia, Belarus and Ukraine of the anti-dumping proceeding, the 
Court held that nothing in the basic regulation, nor any general principle, obliged 
20 Case T-164/94, OJ C 315, 25.11.95 
45 
the Commission to repeat a notification made to a state to any states which may 
succeed it. Indeed, in assuming the rights and obligations of the state which they 
succeed, those states had to take anti-dumping proceedings as they found them. 
In view of the above, the Court dismissed the action. 
12. ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES 
CONCERNING IMPORTS FROM E.U. MEMBER STATES 
12.1. U.S.A. 
12.1.1. Pasta 
On 1 June 1995, the US initiated an anti-dumping and CVD investigation 
concerning imports of pasta from Italy. The subsidies alleged with regard to Italy 
are Community export refunds and structural funds, and Italian Government 
incentives, mostly concerning the Mezzogiorno region. On 26 June 1995, the 
ITC made a positive preliminary injury finding. 
On 10 October 1995, the DOC imposed provisional countervailing duties of up 
10.67% on imports of pasta from Italy. For most exporters, the duties do not 
exceed 4%. The DOC carried out verification visits to the Commissioh, the 
Government of Italy and the exporters between 26 October and 10 November 
1995. There were also parallel anti-dumping investigations concerning Italy, in 
which preliminary findings were due on 15 December 1995. 
The Commission has held several rounds of consultations with the US under 
Article 13 of the Subsidies Agreement. It plans to make a further submission on 
the non-actionability of regional schemes and on injury, and will hold further 
consultations with the US before the final decision is taken by the DOC in 
earlyl996. 
12.1.2 Steel 
In October 1995, the DOC completed the administrative review in the CVD case 
concerning lead and bismuth steel products from the UK. The duties were 
assessed at between 2.68 and 20.33%. 
The DOC also imposed definitive countervailing duties on imports of seamless 
pipes and oil country tubular goods from Italy. 
46 
12.2. Argentina 
12.2.T Canned Peaches 
On 31 January 1995, Argentina initiated a CVD case concerning canned peaches 
from the EU. The Commission prepared a submission on behalf of the 
Community with regard to the subsidy and injury aspects of the case. It 
emphasised in particular the decline in exports to Argentina in 1994 and the 
consequent lack of injury caused by EC exports. 
Argentina has now terminated its preliminary investigation and is due to make a 
finding shortly with regard to this case. The Community's final submission was 
sent on 5 December 1995. 
12.2.2. Olive oil 
On 22 September 1995, Argentina terminated the countervailing duty 
investigation concerning olive oil from the EU without measures. 
12.3 Mexico 
12.3.1. Beef 
On 3 June 1994, Mexico announced the imposition of a definitive countervailing 
duty of 45.74% on imports of frozen beef from the EC. 
Following the intervention of the Commission, a review request was submitted in 
November 1995, on the basis that export subsidies have now been eliminated and 
imports have been negligible over the past year. Mexico will decide in the near 
future whether or not to initiate a review. 
12.3.2. Pork 
On 22 November 1994, Mexico opened an anti-subsidy investigation concerning 
imports of certain pork products from Denmark. The market share of Danish 
imports was only 1% and no evidence had been presented concerning the 
situation of the domestic industry. 
Nevertheless, Mexico imposed a provisional countervailing duty on 12 June 
1995, having rejected all the information supplied by the Commission on the 
grounds that the Community had no legal basis to act on Denmark's behalf. The 
Commission protested strongly to Mexico at this serious procedural violation 
and at the lack of evidence to justify provisional measures. 
Following consultations, Mexico has now agreed (subject to a domestic legal 
challenge from the petitioner) to recognize the authority of the Community in 
these matters and to consider the information presented by the Commission. The 
Commission has argued against imposing definitive measures, since there seems 
47 
to be no threat of injury and the export refund of the main pork products has 
been abolished. 
Mexico should make a decision by the end of the year, although this timetable 
may be delayed by domestic legal problems. 
12.4 Canada 
12.4.1. Sugar 
On 17 March 1995, Canada initiated a countervailing duty investigation 
concerning imports of refined sugar from the EU. 
On 7 July 1995, Canada imposed a provisional countervailing duty on imports 
from the EU. The Commission held consultations with Canada in Geneva on 25 
September 1995, emphasising the lack of injury and the over-estimation of the 
subsidy amount, and written submissions were made to both Revenue Canada and 
the CITT. 
On 5 October 1995, Revenue Canada confirmed its definitive subsidy finding 
against the EU, setting the countervailing duty at 50.79 ECU per 100 kg (about 
138% ad valorem). On 6 November 1995, the CITT found that imports from the 
EU were threatening injury to the domestic industry. 
In a parallel anti-dumping case, Canada made a definitive dumping finding against 
UK, Germany, Netherlands and Denmark. As the level of the countervailing duty 
was higher than the dumping, no extra dumping duty will be collected. 
Consultations under the Subsidies Agreement were held with Canada on 14 
December 1995, in order to clarify the issues of the amount of subsidy and the 
threat of injury finding, neither of which seem satisfactory. In particular, imports 
from the Community account for only about 1% of the Canadian market and have 
declined sharply in recent years. 
12.4.2. Pasta 
On 30 August 1995, Canada initiated an anti-dumping and countervailing duty 
case concerning pasta from Italy. 
The Commission, assisted by the Italian authorities, replied to Revenue Canada's 
questionnaire and verification took place in October 1995. 
At that stage, the countervailing investigation concerned only export refunds, and 
the Commission had already pointed out in consultations that these had not been 
granted since June 1995, and would be unlikely to be granted in the foreseeable 
future. 
Canada, however, maintained its countervailing investigation, and on 20 
November 1995 extended it (at the petitioner's request) to include all the Italian 
48 
national programmes examined in the US case. The Commission requested Canada 
the exclusion of a number of programmes found by the US to be either non-
countervailable or not used, but Canada refused this request. The Commission 
therefore asked for immediate consultations in Geneva under the Subsidies 
Agreement in view of the lack of pre-consultations and the apparent lack of 
sufficient evidence for this new investigation. 
12.4.3. Canned ham and luncheon meat 
On 21 March 1995, Canada decided, following an expiry review, to maintain the 
countervailing measures on canned ham from Denmark and the Netherlands and 
luncheon meat from the EU. 
12.5. Israel 
12.5.1. Pasta and baked goods 
On 26 July 1995, the Commission was notified by Israel of countervailing duty 
complaints concerning imports of pasta from Italy and baked goods from the EU. 
Consultations on this matter were held with the Ministry of Industry and Trade in 
Jerusalem of 31 August 1995 
The investigation concerning baked goods (countervailing only) was opened on 
14 September 1995 and the Commission has made a submission on this matter, 
expressing concern about the calculation of the subsidy amount and the standing 
of the complainant. The lack of evidence contained in the complaint was also 
raised. 
With regard to pasta, the investigation (CVD and anti-dumping) was opened on 
1 October 1995. The Commission made a full submission by 15 December 1995. 
12.6 New Zealand 
12.6.1. Spaghetti and baked beans 
On 2 and 9 October 1995, New Zealand notified the Commission of the receipt 
of two countervailing duty compaints concerning imports from Italy of spaghetti 
and baked beans in tomato sauce respectively, on the basis of CAP subsidies and 
regional aid to the south of Italy. 
Consultations on both cases under Article 13.1 of the Subsidies Agreement were 
held in Geneva on 24 October 1995. At these consultations, the Commission 
pointed out that in both cases the Italian market share was only 1% and that 
many of the regional schemes were non-actionable. 
A decision on initiation is still awaited from New Zealand. 
49 
12.7. Australia 
12.7.1. Diesel-fuelled generators 
On 27 October 1995, Australia notified the Commission of a CVD complaint on 
imports of diesel fuelled generators from UK. The only exporter is in Northern 
Ireland, and the alleged subsidy is the Selective Financial Assistance scheme. 
The Commission, with help from the UK authorities, presented information to 
attempt to show that this is a non-actionable regional scheme under Article 
8.2(b). 
Australia, however, decided to initiate an investigation on 12 December 1995. 
12.7.2. Canned tomatoes 
On 18 October 1995, Australia initiated a review of the amount of subsidy in the 
countervailing case concerning canned tomatoes from Italy and Spain. The 
Commission submitted factual information in this regard. 
12.8 Bolivia 
In June 1995, following the Commission's intervention, Bolivia terminated the 
CVD case concerning wheat from Germany and Denmark without measures. 
13. GATT ISSUES 
131 DISPUTE SETTLEMENT PROCEEDINGS 
13.1.1 GATT/WTO panel proceedings requested bv the Community 
i) Lead and bismuth steel bars 
This panel agreed with the Community, in October 1994, that countervailing duties 
imposed by the US on these products exported from France, Germany and the UK 
were not in conformity with the (then in force) 1979 Subsidies Code. The report 
has been discussed on at least two occasions by the Tokyo Round Committee on 
Subsidies and Countervailing Measures, but the US has refused to agree to its 
adoption by the Committee. This Committee remains in operation throughout 
1996 for the purpose of pending dispute settlement proceedings, and the report 
may still be discussed before it. 
ii) Flat-rolled steel products 
The Community had originally requested the establishment of this panel to deal 
with imposition of countervailing duties by the US on these products exported 
50 
from the Community. The proceedings were subsequently suspended in December 
1994 and remain so. 
13.1.2. GATT/WTO panel proceedings requested by third countries against the Community 
i) Audio-cassettes 
The establishment of this panel had been requested by Japan, which alleged that 
anti-dumping duties imposed by the Community on imports of audio-cassettes 
from Japan were not in conformity with the (then in force) 1979 Anti-Dumping 
Code. The panel issued a report in April 1995. On most issues, it found Japan's 
allegations to be unfounded; however, it criticised the Community on one issue 
concerning the calculation of the dumping margin. The report has been examined 
once by the GATT Anti-Dumping Committee, which has not yet concluded on the 
contents of the report. 
ii) Cotton yarn 
The establishment of this panel had been requested by Brazil, which alleged that 
anti-dumping duties imposed by the Community on imports of cotton yarn from 
Brazil were not in conformity with the (then in force) 1979 Anti-Dumping Code. 
The panel issued a report in July 1995. It found the allegations by Brazil to be 
unfounded in their entirety, and confirmed that the Community's actions were in 
conformity with international rules. Brazil agreed to the adoption of the report by 
the Tokyo Round Anti-Dumping Committee in October 1995. 
14. PROPOSAL FOR A NEW BASIC REGULATION 
Following the publication of the new basic regulation (Council Reg. no.(EC) 3283/94) on 
31 December 1994, it came to the Commission and Council's attention that a number of 
modifications were required in the texts which had been published in some of the 
Community languages. These modifications were of a purely technical nature, and did not 
entail changes in the substance of the text which had, of course, been agreed during and 
subsequent to the Uruguay Round negotiations. In order to amend the various linguistic 
versions of the text, and to produce versions in each of the Community languages which 
are considered to be satisfactory, the most appropriate solution appeared to be the 
adoption of a new consolidated text (also incorporating two substantive amendments 
made earlier in 1995 to the current basic regulation), which would replace regulation 
3283/94. The European Parliament was consulted on, and approved, the final revised 
text. Publication of the amended basic regulation took place on 
15. PERSONNEL AND ADMINISTRATION 
Thanks to the support of the European Parliament, the Commission was able to obtain the 
projected reinforcement of staff for 1995. Of the 59 new posts allocated to the anti­
dumping/anti-subsidy services, 4 were foreseen for the translation services and 55 for DG 
51 
I. The anti-dumping/anti-subsidy services of DG I therefore numbered 199 members of 
staff at the end of 1995, including externalpersonnel. 
The extensive recruitment campaign started in 1994 by DG I was intensified in 1995. All 
of the candidates who had been successful in open competitions and who appeared to 
possess the necessary qualifications and experience, a total of 400 people, were 
interviewed by the anti-dumping/anti-subsidy services during the course of 1995, and 
selections made throughout the year. Almost all of the posts allocated in 1995 were filled 
during that budgetary year, and the remainder will be filled at the beginning of 1996. 
Of those recruited during 1995, 25 have already joined the anti-dumping/anti-subsidy 
services, swelling the ranks of the new officials recruited in 1994. 
At the end of the year, the European Parliament decided on the second and final block of 
posts destined for the anti-dumping/anti-subsidy services. Of the 59 new posts granted 
for the budgetary year 1996, 54 will be for DG I. This final block of posts will make up 
the full contingent of staff for the anti-dumping/anti-subsidy services, in accordance with 
the increased staffing requirements arising from the decision to introduce legal deadlines 
in respect of anti-dumping and anti-subsidy proceedings (Council Regs. (EC)Nos. 521/94 
and 522/94). 
In June 1995, the Commission approved the new organigramme of the anti-dumping/anti-
subsidy services within DG I. This formalized the separation of proceedings into dumping 
investigations on the one hand, and injury investigations on the other. Since this decision 
was taken, DG I's anti-dumping/anti-subsidy services have been divided into two distinct 
directorates, each one being responsible for one of the two aspects of the proceedings. In 
view of the amendments and nominations required to render the new structure effective, it 
became fully operational only in December 1995. 
52 
LIST OF ANNEXES 
A. Anti-dumping and anti-subsidy investigations initiated during the period 1 January to 31 
December 1995 
B. Provisional duties imposed during the anti-dumping and anti-subsidy investigations during the 
period 1 January - 31 December 1995 
C. Investigations concluded by the imposition of definitive duties during the period 1 January - 31 
December 1995 
D. Investigations concluded on a finding of no injury during the period 1 January - 31 December 
1995 
E. Investigations concluded for other reasons during the period 1 January - 31 December 1995 
F. Investigations initiated by country of export during the period 1 January 1991 - 31 December 
1995 
G. Investigations initiated by product sector during the period 1 January 1991 to 31 December 1995 
H. Reviews of anti-dumping and anti-subsidy measures opened during the period 1 January - 31 
December 1995 
I. Review of anti-dumping and anti-subsidy measures concluded by the amendment of definitive 
duties during the period 1 January - 31 December 1995 
J. Review of anti-dumping and anti-subsidy measures concluded by the imposition of definitive 
duties in lieu of price undertakings during the period 1 January - 31 December 1995 
K. Provisional duties imposed during review investigations during the period 1 January - 31 
December 1995 
L. Review investigations resulting in no change in the measures in force during the period 1 January 
-31 December 1995 
M. Reviews of anti-dumping and anti-subsidy measures concluded by the repeal of definitive duties 
during the period 1 January - 31 December 1995 
N. Reviews of anti-dumping and anti-subsidy measures concluded by the repeal of undertakings 
during the period 1 January - 31 December 1995 
O. Anti-dumping measures suspended during the period 1 January - 31 December 1995 
P. Anti-dumping and anti-subsidy measures which expired during the period 1 January - 31 
December 1995 
Q. Anti-dumping and anti-subsidy cases before the Court of First Instance in 1995 
R. Anti-dumping and anti-subsidy measures in force as at 31 December 1995 
6b 
ANNEXA 
ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Footwear (textile) 
Footwear (textile) 
Footwear (leather) 
Footwear (leather) 
Footwear (leather) 
Disposable lighters 
Disposable lighters 
Microdisks (3.5") 
Microdisks (3.5") 
Microdisks (3.5") 
Microdisks (3.5") 
Polyethylene/poly­
propylene sacks 
Polyethylene/poly­
propylene sacks 
Polyethylene/poly­
propylene sacks 
Furfuryl alcohol 
Furfuryl alcohol 
Polyester yarn 
Video cassette 
recorders 
Video Cassette 
recorders Country of 
origin 
P.R. China 
Indonesia 
P.R. China 
Indonesia 
Thailand 
Philippines 
Mexico 
Canada 
Indonesia 
Macao 
Thailand 
India 
Indonesia 
Thailand 
P.R. China 
Thailand 
Malaysia 
S. Korea 
Singapore OJ reference 
C45, 22.02.95 
C45, 22.02.95 
C45, 22.02.95 
C45, 22.02.95 
C45, 22.02.95 
C67, 18.03.95 
C67, 18.03.95 
C84, 06.04.95 
C84, 06.04.95, 
C84, 06.04.95 
C84, 06.04.95 
C92, 13.04.95 
C92, 13.04.95 
C92, 13.04.95 
C95, 19.04.95 
C95, 19.04.95 
C95, 19.04.95 
C104, 25.04.95 
C104, 25.04.95 
» 
ANNEX A (continued) 
ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Key components of video 
cassette recorders 
Hydraulic excavators 
(> 6 tonnes) 
Unwrought unalloyed 
zinc 
Unwrought unalloyed 
zinc 
Unwrought unalloyed 
zinc 
Unwrought unalloyed 
zinc 
Unwrought unalloyed 
zinc 
Pet video film 
Wooden pallets 
Iron or steel sections 
Iron or steel sections 
Glyphosate 
Ring binder mechanisms 
Ring binder mechanisms Country of 
origin 
S. Korea 
S. Korea 
Kazakhstan 
Poland 
Russia 
Ukraine 
Uzbekistan 
S. Korea 
Poland 
Czech Republic 
Hungary 
P.R. China 
P.R. China 
Malaysia OJ reference 
C104, 25.04.95 
CI 17, 12.05.95 
C143, 09.06.95 
C143, 09.06.95 
C143, 09.06.95 
C143, 09.06.95 
C143, 09.06.95 
C147, 14.06.95 
C178, 13.07.95 
C180, 14.07.95 • 
C180, 14.07.95 
C266, 13.10.95 
C 284, 28.10.95 
C 284, 28.10.95 
55 
ANNEX B 
PROVISIONAL DUTIES IMPOSED DURING ANTI-DUMPING AND 
ANTI-SUBSIDY INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of Regulation 
origin OJ reference 
Disodium carbonate 
(soda ash) U.S.A. Com. Reg. 
(EC) No. 823/95 
10.04.95 L83, 13.04.95 
Microwave ovens P.R. China Com. Reg. 
(EC) No. 1645/95 
05.07.95 LI56, 07.07.95 
Microwave ovens S. Korea Com. Reg. 
(EC) No. 1645/95 
05.07.95 L156, 07.07.95 
Microwave ovens Thailand Com. Reg. LI56,07.07.95 
(EC) No. 1645/95 
05.07.95 
Microwave ovens Malaysia Com. Reg. LI56,07.07.95 
(EC) No. 1645/95 
05.07.95 
Persulphates P.R. China Com. Reg. L169, 19.07.95 
(EC) No. 1748/95 
17.07.95 
Refractory 
chamottes P.R. China Com. Reg. L179,29.07.95 
(EC) No. 1878/95 
28.07.95 
Powdered activated 
carbon P.R. China Com. Reg. L192,15.08.95 
(EC) No. 1984/95 
10.08.95 
Butt-welded tube 
or pipe fittings P.R. China Com. Reg. L234,03.10.95 
(EC) No. 2318/95 
27.09.95 
Butt-welded tube 
or pipe fittings Croatia Com. Reg. L234,03.10.95 
(EC) No. 2318/95 
27.09.95 
5t 
ANNEX B (continued) 
PROVISIONAL DUTIES IMPOSED DURING ANTI-DUMPING AND 
ANTI-SUBSIDY INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Butt-welded tube 
or pipe fittings Country of 
origin 
Thailand Regulation 
Com. Reg. 
(EC) No. 2318/95 
27.09.95 OJ reference 
L234, 03.10.95 
Coumarin P.R. China Com. Reg. L239, 07.10.95 
(EC) No. 2352/95 
06.10.95 
Bicycles Indonesia Com.Reg. L248, 14.10.95 
(EC)No. 2414/95 
13.10.95 
Bicycles Malaysia Com.Reg. L248, 14.10.95 , 
(EC)No. 2414/95 
13.10.95 
Bicycles Thailand Com.Reg. 
(EC)No. 2414/95 
13.10.95 L248, 14.10.95 
Microdisks (3.5") Malaysia Com.Reg. 
(EC)No. 2426/95 
16.10.95 L249, 17.10.95 
Microdisks (3.5") Mexico Com.Reg. L249, 17.10.95 
(EC)No. 2426/95 
16.10.95 
Microdisks (3.5") U.S.A. Com.Reg. 
(EC)No. 2426/95 
16.10.95 L249, 17.10.95 
Grain-oriented electrical 
steel sheet Russia Com.Dec. 
2450/95/ECSC 
19.10.95 L 252, 20.10.95 
Unwrought magnesium Russia Com.Reg. 
(EQNo.2997/95 
20.12.95 L 312, 23.12.95 
Unwrought magnesium Ukraine Com.Reg. 
(EC)No.2997/95 
20.12.95 L 312, 23.12.95 
5* 
ANNEXC 
INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Furfuraldehyde Country of Regulation OJ reference 
origin 
P.R. China Council Reg. L15,21,01.95 
(EC) No. 95/95 
16.01.95 
Televisions 
(colour) Malaysia Council Reg. 
(EC) No. 710/95 
27.03.95 L73, 01.04.95 
Televisions 
(colour) P.R. China Council Reg. L73, 01.04.95 
(EC) No. 710/95 
27.03.95 
Televisions 
(colour) S. Korea Council Reg. L73,01.04.95 
(EC) No. 710/95 
27.03.95 
Televisions 
(colour) Singapore Council Reg. L73,01.04.95 
(EC) No. 710/95 
27.03.95 
Televisions 
(colour) Thailand Council Reg. 
(EC) No. 710/95 
27.03.95 L73, 01.04.95 
Ammonium nitrate 
fertilizer Russia Council Reg. 
(EC) No. 2022/95 
16.08.95 LI98, 23.08.95 
Sodium carbonate 
(soda ash) U.S.A. Council Reg. 
(EC) No. 2381/95 
10.10.95 L244, 12.10.95 
Ferro-silico-manganese Brazil Council Reg. 
(EC)No. 2413/95 
06.10.95 L248, 14.10.95 
62 
ANNEX C (continued) 
INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Ferro-silico-manganese Country of 
origin 
Russia Regulation 
Council Reg. 
(EC)No. 2413/95 
06.10.95 OJ reference 
L248, 14.10.95 
Ferro-silico-manganese S. Africa1 Council Reg. L248, 14.10.95 
(EC)No. 2413/95 
06.10.95 
Ferro-silico-manganese Ukraine Council Reg. 
(EC)No. 2413/95 
06.10.95 L248, 14.10.95 
Peroxodisulphates P.R. China Council Reg. 
(EC)No. 2961/95 
18.12.95 L308, 21.12.95 
1 Includes the acceptance of certain undertakings 
51 
ANNEX D 
INVESTIGATIONS CONCLUDED ON A FINDING OF NO INJURY 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Countrv of Decision 
origin OJ reference 
Ammonium nitrate Lithuania 
fertilizer Com. Dec. 95/344/EC 
03.08.95 L198, 23.08.95 
Butt-welded tube 
or pipe fittings Slovakia Com. Reg. 
(EC) No. 2318/95 
27.09.95 L234, 03.10.95 
Butt-welded tube 
or pipe fittings Taiwan Com. Reg. 
(EC) No. 2318/95 
27.09.95 L234, 03.10.95 
Ferro-silico-
manganese Georgia Com.Dec. 95/418/EC 
26.07.95 L248, 14.10.95 
{*> 
ANNEXE 
INVESTIGATIONS CONCLUDED FOR OTHER REASONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of Decision 
origin OJ reference 
Televisions 
(colour) Turkey 
Watch movements Malaysia Com. Dec. 95/92/EC 
20.03.95 
Com. Dec. 95/187/EC 
31.05.95 L73, 01.04.95 
L121, 01.06.95 
Watch movements Thailand Com. Dec. 95/187/EC 
31.05.95 L121, 01.06.95 
Parts for Japan 
disposable lighters Com. Dec. 95/406/EC 
05.10.95 L239, 07.10.95 
^ 
ANNEXF 
INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT 
DURING THE PERIOD 1 JANUARY 1991 - 31 DECEMBER 1995 
Country of origin 1991 1992 1993 1994 1995 
Belarus - 1 - 1 -
Brazil - 1 1 - -
Bulgaria 1 
Canada 1 
China R.P. 4 8 4 5 5 
Croatia 1 
Czech Republic 1 - - 2 1 
Egypt 1 
Georgia -11--
Hong Kong 1 
Hungary 1 - - - 1 
India - - - 4 1 
Indonesia - - - 4 4 
Japan 5-12-
Kazakhstan - 1 - 1 1 
Korea S. 13 2-4 
Lithuania - 1 - 1 -
Macao 1 
Malaysia - 2 2 2 2 
Mexico ---11. 
Pakistan - - - 3 -
Philippines 1 
Poland 2 1112 
Romania 1 
Russia - 3 1 3 1 
Singapore - 3 - - 1 
Slovakia 2 
South Africa -21--
Taiwan 2 111-
Thailand - 1 2 5 4 
Tunisia 1 
Turkey 1 2 12 
Turkmenistan - 1 - - -
Ukraine - 2 1 1 1 
USA 1 1 1 
USSR 1 
Uzbekistan - 1 - - 1 
Yugoslavia 1 
20 39 21 43 33 
&3L 
ANNEX G 
INVESTIGATIONS INITIATED BY PRODUCT SECTOR 
DURING THE PERIOD 1 JANUARY 1991 TO 31 DECEMBER 1995 
Product 1991 1992 1993 1994 1995 
Chemical and allied 4 10 5 3 4 
Textiles and allied - - 1 17 4 
Wood and paper 1 - - - 1 
Electronics 5 13 7 3 7 
Other mechanical 4-243 
engineering 
Iron and Steel 6 3-72 
(EEC & ECSC) 
Other metals 5 5 3 5 
Other 8 1 6 7 
20 39 21 43 33 
» 
ANNEX H 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES OPENED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of 
origin 
Disposable lighters Thailand 
Ball bearings Japan 
>30mm 
Ball bearings Japan 
(mini) 
Colour television S. Korea 
receivers 
DRAMs Japan 
DRAMs S. Korea 
Silicon metal P.R. China 
Potassium chloride Belarus 
Potassium chloride Russia 
Potassium chloride Ukraine 
Colour television P.R. China 
receivers 
Tungsten ores and P.R. China 
concentrates 
Tungsten carbide and P.R. China 
fused tungsten carbide 
Tungstic oxide and acid P.R. China 
EPROMS Japan 
Polyethylene/polypropylene P.R. China 
sacks OJ reference 
C67, 18.03.95 
C71, 23.03.95 
C71, 23.03.95 
C105, 26.04.95 
C181, 15.07.95 
C181, 15.07.95 
C193, 27.07.95 
C201, 05.08.95 
C201, 05.08.95 
C201, 05.08.95 
C203, 08.08.95 
C244, 21.09.95 
C244, 21.09.95 
C244, 21.09.95 
C262, 07.10.95 
C271, 17.10.95 
CH 
ANNEX H (continued) 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES OPENED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of 
origin OJ reference 
Microdisks (3.5") 2 Canada 
Microdisks (3.5") 2 Hong Kong 
Microdisks (3.5") 2 India 
Microdisks (3.5") 2 Indonesia 
Microdisks (3.5") 2 Macao 
Microdisks (3.5") 2 Malaysia 
Microdisks (3.5") 2 Philippines 
Microdisks (3.5") 2 Singapore 
Microdisks (3.5") 2 Thailand 
Synthetic fibres of polyester India L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L252, 20.10.95 
L262, 01.11.95 
2 Circumvention investigation 
65 
ANNEX I 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES 
CONCLUDED BY THE AMENDMENT OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Urea Country of 
origin 
Russia Document OJ reference 
Council Reg. L49, 04.03.95 
(EC) No. 477/95 
16.01.95 
Polyester yarns Indonesia 
(man-made staple) Council Reg. 
(EC) No. 1168/95 
22.05.95 LI 18, 25.05.95 
Ball bearings*3) Thailand 
(mini) Council Reg. LI 18, 25.05.95 
(EC) No. 1169/95 
22.05.95 
Ferro-silicon Brazil Council Reg. LI 18, 25.05.95 
(EC) No. 1171/95 
22.05.95 
Photocopiers Japan Council Reg. L244, 12.10.95 
(EC) No. 2380/95 
02.10.95 
Electronic weighing Singapore 
scales Council Reg. L307, 20.12.95 
(EC)No. 2937/95 
20.12.95 
(3) Definitive countervailing duty on indirect imports. Includes acceptance of undertakings on direct 
imports from Thailand. See Commission Decision 95/180/EC, OJ C 118,25.05.95. 
ANNEX J 
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 - 31 DECEMBER 1995 
Product Country of 
origin Document OJ reference 
Tungsten ores <4> 
and concentrates PR. China Council Reg. 
(EC) No. 610/95 
20.03.95 L64, 22.03.95 
Tungsticoxide(4) PR. China 
and acid Council Reg. 
(EC) No. 610/95 
20.03.95 L64, 22.03.95 
Tungsten carbide 
and fused tungsten 
carbide (4) P.R China Council Reg. 
(EC) No. 610/95 
20.03.95 L64, 22.03.95 
Artificial (4) 
corundum Russia Council Reg. 
(EC) No. 709/95 
27.03.95 L73, 01.04.95 
W Duty imposed as a result of withdrawal of undertaking. 
ANNEX K 
PROVISIONAL DUTIES IMPOSED DURING REVIEW INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Countrv of 
origin Document OJ reference 
Monosodium 
glutamate Indonesia Com.Reg. LI 70, 20.07.95 
(EC) No. 1754/95 
18.07.95 
Monosodium 
glutamate S. Korea Com Reg. 
(EC) No. 1754/95 
18.07.95 LI70, 20.07.95 
Monosodium 
glutamate Taiwan Com. Reg. 
(EC) No. 1754/95 
18.07.95 L170, 20.07.95 
Monosodium 
glutamate Thailand Com. Reg. 
(EC) No. 1754/95 
18.07.95 LI70, 20.07.95 
GX 
ANNEX L 
REVIEW INVESTIGATIONS RESULTING IN 
NO CHANGE IN THE MEASURES IN FORCE 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of 
origin Regulation OJ reference 
Lighters 
(disposable) P.R. China Council Reg. L101, 04.05.95 
(EC) No. 1006/95 
03.05.95 
Electronic weighing Japan 
scales Com.Dec.95/478/EC L274, 17.11.95 
14.11.95 
fc 
ANNEX M 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES 
CONCLUDED BY THE REPEAL OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of 
origin Decision OJ reference 
Urea C.S.S.R. Council Reg. 
(EC) No. 477/95 
16.01.95 L49, 04.03.95 
Aspartame Japan Council Reg. 
(EC) No. 1936/95 
03.08.95 L186, 05.08.95 
Aspartame U.S.A. Council Reg. 
(EC) No. 1936/95 
03.08.95 L186, 05.08.95 
Welded tubes of iron ex-Yugoslavia 
or non-alloy steel 
Welded tubes of iron Romania 
or non-alloy steel Council Reg. 
(EC)No.2962/95 
18.12.95 
Council Reg. 
(EC)No.2962/95 
18.12.95 L308, 21.12.95 
L30S, 21.12.95 
Welded tubes of iron Turkey 
or non-alloy steel Council Reg. 
(EC)No.2962/95 
18.12.95 L308, 21.12.95 
Welded tubes of iron Venezuela 
or non-alloy steel Council Reg. 
(EC)No.2962/95 
18.12.95 L308, 21.12.95 
*{t> 
ANNEXN 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES 
CONCLUDED BY THE REPEAL OF UNDERTAKINGS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Country of Decision OJ reference 
origin 
Ammonium nitrate Russia Com. Dec. 95/345/EC L198, 23^08.95 
fertilizer 03.08.95 
^ 
ANNEX O 
ANTI-DUMPING MEASURES SUSPENDED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product Countrv of Decision 
origin . Publication 
DRAMs Japan Com. Dec. 95/197/EC 
08.06.95 L126, 09.06.95 
DRAMs S. Korea Com. Dec. 95/197/EC 
08.06.95 L126, 09.06.95 
EPROMs Japan Com. Dec. 95/272/EC 
14.07.95 L165, 15.07.95 
H 
ANNEXP 
ANTI-DUMPING AND ANTI-SUBSIDY MEASURES WHICH EXPIRED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1995 
Product 
Potassium<6> 
permanganate 
Certain welded^ 
tubes of iron or 
non-alloy steel 
MethenamineW 
Methenamine(8) 
Methenamine(8) 
Methenamine<8) 
Certain photo 
albums^ 
Certain photo 
albums(9) 
FerroboronO0) 
Oxalic acid^u> 
Ball bearings^12) 
(mini) Country of 
origin 
Former 
Czechoslovakia 
Former 
Yugoslavia 
Bulgaria 
Former 
Czechoslovakia 
Poland 
Romania 
S. Korea 
Hong-Kong 
Japan 
Brazil 
Thailand Type of 
measure 
Duty 
Duty 
Undertakings 
Undertakings 
Undertakings 
Undertakings 
Undertakings 
Undertakings 
Duty 
Undertakings 
Duty OJ reference^ 
L42, 16.02.90 
L91, 06.04.90 
L104, 24.04.90 
L104, 24.04.90 
L104, 24.04.90 
L104, 24.04.90 
L138, 31.05.90 
L138, 31.05.90 
L187,19.07.90 
L184, 17.07.90 
L281, 12.10.90 
<5> The OJ reference is to the imposition of the measure. 
<6> Notice of expiry was published in OJ C 40,17.02.95 
<7) Notice of expiry was published in OJ C 77, 29.03.95 
<8> Notice of expiry was published in OJ C 100, 22.04.95 
<9> Notice of expiry was published in OJ C 124, 20.05.95 
<10> Notice of expiry was published in OJ C 176, 11.07.95 
00 Notice of expiry was published in OJ C 201, 05.08.95 
(,2> Notice of expiry was published in OJ C 258, 03.10.95 
^ 
ANNEX O 
ANTI-DUMPING AND ANTI-SUBSIDY CASES BEFORE 
THE EUROPEAN COURT OF FIRST INSTANCE IN 1995 
CaseT 
Case T 
Case T 
Case T 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 
CaseT 159/94 
160/94 
161/94 
162/94 
163/94 
164/94 
165/94 
166/94 
167/94 
168/94 
170/94 
171/94 
172/94 
155/94 
224/94 
Case T - 2/95 
CaseT-78/95 
CaseT-97/95 Ajinomoto Co. Inc. v. Council 
The Nutrasweet Company v. Council 
Sinochem Heilongjiang v. Council 
NMB France Sari and Others v. Commission 
NTN Corporation v. Council *13) 
Ferchimex S.A. v. Council*14) 
Koyo Seiko v. Council (i3) 
Koyo Seiko v. Council*15) 
Detlef Nolle v. Council and Commission*16) 
/ 
Blackspur DIY and others v. Council and Commission (i6) / 
Shanghai Bicycle Corporation Group v. Council 
Descom Scales Manufacturing v. Council*17) 
Rima v. Council*18) 
Climax Paper Converters Ltd v. Council 
Ferchimex S.A. v. Council 
Industrie des Poudres Sphériques (EPS) v. Council 
NMB France Sari, NMB Minebea GmbH, NMB (UK) Ltd, and 
NMB Italia Sri v. Commission 
Sinochem National Chemicals Import and Export Corporation v. 
Council 
Case T -121/95 European Fertilizer Manufacturers' Association v. Council 
Case C - 245/95 P Commission v. Court of First Instance*19) 
*13) Judgement rendered on 02.05.95, OJ C 87,08.04.95 
*14> Judgement rendered on 28.09.95, OJ C 315, 25.11.95 
*15> Judgement rendered on 14.07.95, OJ C 268, 14.10.95 
*16) Judgement rendered on 18.09.95, OJ C 286, 28.10.95 
*17) Judgement rendered on 14.09.95, OJ C 286, 28.10.95 
*18) Removed from register, OJ C 87,08.04.95 
*,9) Appeal lodged with Court of Justice 
•7\ 
ANNEX 0 (continued) 
Case C - 362/95 P Blackspur v. Court of First Instance*19) 
Case T - 134/95 Dysan Magnetics and Others v. Commission 
Case T -192/95 Hitachi and Others v. Commission 
Case T - 208/95 
CaseT-210/95 
CaseT-212/95 Miwon Co. Ltd. v. Commission 
European Fertilizer Manufacturers Association (EFMA) v. Council 
Association de Fabricantes de Cemento de Espana (Oficemen) 
v. Commission 
}s 
ANNEX R 
ANTI-DUMPING AND ANTI-SUBSIDY MEASURES IN FORCE 
AS AT 31st DECEMBER 1995 
Product Origin 
Ammonium nitrate Lithuania 
fertilizer 
Russia Measure Regulation/Dec. Publication 
undertaking Com.Dec. 94/293/EC OJ L 129 
(UK reg.) 13.04.94 21.05.94,p.24 
duties Council Reg. OJ L 198 
(EC)No.2022/95 23.08.95,p.1 
16.08.95 
Artificial 
corundum C . S . S . R, 
Hungary 
Poland 
Brazil 
Yugoslavia undertakings Com.Dec. 91/512/EEC OJ L 275 
23.7.91 02.10.91,p.27 
Russia duties Council Reg. 
Ukraine (EEC)No.2552/93 
13.09.93 
Council Reg. 
(EC)No.709/95 
27.03.95 OJ L 235 
18.09.93,p. 1 
/ 
OJ- L 73 
01.04.95,p..l 
P.R. China duties Council Reg. 
(EC)No.2556/94 
19.10.94 
Council Reg. 
(EC)No.709/95 
27.03.95 OJ L 270 
21.10.94,p.27 
OJ L 73 
01.04.95,p.1 
Asbestos cement Turkey 
pipes undertakings Com.Dec.91/392/EEC OJ L 209 
21.06.91 31.7.91,p.37 
Audio tapes in 
cassettes Japan duties Council Reg. 
S. Korea (EEC)No.1251/91 
13.5.91 OJ L 119 
14.5.91,p.35 
Ball bearings 
(miniature) Japan duties Council Reg. 
(EEC)No.2685/90 
17.9.90 
Thailand undertakings Com.Dec.94/639/EC 
(countervailing) 03. 08. 94 
duties Council Reg. 
(CVD) (EC)No.2271/94 
19.09.94 OJ L 256 
20.9.90,p.1 
OJ L 247 
22.09.94,p.29 
OJ L 247 
22.09.94,p.1 
* 
Ball bearings 
(>30mm) Japan duties Council Reg. 
(EEC)No.2849/92 
28.09.95 OJ L 286 
01.10.92,p.2 
Barium chloride P.R. China duties Council Reg. 
(EEC)No.541/91 
4.3.91 OJ L 60, 
7.3.91,p.1 
Bicycles P.R. China duties Council Reg. 
(EEC)No.2474/93 
08.09.93 OJ L 228, 
09.09.93,p.1 
Calcium metal P.R. China duties Council Reg. 
Russia (EC)No.2557/94 
19,10.94 OJ L 270, 
21.10.94,p.27 
Car radios S. Korea duties Council Reg. 
(EEC)No.2306/92 
04.08.92 OJ L 222 
07.08.1992,p.8 
Cotton yarn Brazil 
Turkey duties 
duties 
Turkey duties Council Reg. 
(EEC)No.738/92 
23.3.92 
Council Reg. 
(EC)No.3203/93 
22.11.93 
Council Reg. 
(EC)No.1828/94 
25.07.94 OJ L 82 
27.3.92,p.1 
O J 1/289 
24.11.93,p.1 
OJ L 182 
27.07.94,p.3 
Dihydrostrepto-
mycin P.R. China duties Council Reg. 
(EEC)No.3836/91 
19.12.91 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 
Council 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 
S. Korea duties 
undertakings OJ L 66 
18.03.93,p.1 Council Reg. 
(EEC)No. 611/93 
15.03.93 
Com.Dec.93/157/EEC OJ L 66 
04.03.93 18.03.93,P.37 
* Duties suspended by Commission Decision no. 95/197/EC, OJ no. L 126, 09.06.95, p. 58 
If 
Electrolyte 
capacitors Japan 
S. Korea 
Taiwan duty 
duty Council Reg. 
(EEC)No.3482/92 
30.11.92 
Council Reg. 
(EC)No.1384/94 
13.06.94 OJ L 353 
03.12.92,p.1 
OJ L 152 
18.06.94,p. 1 
Electronic 
weighing 
scales Japan 
S. Korea 
Singapore duty 
duty 
Singapore additional 
duty Council Reg. 
(EEC)No.993/93 
26-. 04.93 
Council Reg. 
(EEC)No.2887/93 
20.10.93 
Council Reg. 
(EC)No.2937/95 
20.12.95 OJ L 104 
29.4.93,p.4 
OJ L 263 
22.10.93,p.1 
OJ L 307 
20.12.95,p.30 
EPROM's" Japan 
Espadrilles 
Ethanolamines 
Ferrochrome 
(low-carbon) 
Ferrosilicon duties Council Reg. 
(EEC)No.577/91 
04.03.91 
undertakings Com.Dec.91/131/EEC 
11.03.91 
Com.Dec.93/538/93 
18.10.93 
P.R. China 
U.S.A. duties 
duties 
Kazakhstan duties 
Russia 
Ukraine 
duty Council Reg. 
(EEC)No.1812/91 
24.6.91 
Council Reg. 
(EC)'No. 229/94 , 
01.02.94 
Council Reg. 
(EEC)No.2717/93 
28.09.93 
Council Reg. 
(EC)No.3359/93 
02.12.93 Brazil 
Russia 
Kazakhstan 
Ukraine 
Iceland* 
Norway* 
Venezuela 
(•suspended according to Council Regulation (EC)no. 5/94) 
Egypt undertaking Commission Reg, 
92/331/EEC 
30.06.92 OJ L 65, 
12.03.91, p.l 
OJ L 65, 
12.03.91 
OJ L 262, 
21.10.93,p.64 
OJ 4 166, 
28.6.91, p. 1 
OJ L 28, 
02.02.94,p.40 
OJ L 246 
02.10.93,p. 1 
OJ L 302 
09.12.93,p.l 
OJ L 183 
03.07.92,p.40 
* Suspended on 15.07.95, L 165, p. 26 
* 
Poland duty Council Reg. OJ L 369 
Egypt (EEC)No.3642/92 18.12.92,p.l 
14.12.92 
Poland undertaking Commission Dec. OJ L 369 
92/572/EEC 18.12.92,p.32 
14.12.92 
S. Africa duty Council Reg. OJ L 77 
P.R China (EC)No. 621/94 19.03.94,p.48 
17.03.94 
"ft 
Ferro-silico-
manganese Russia 
Ukraine 
Brazil 
S. Africa duty Council Reg. OJ L 248 
(EC)No. 2413/95 14.10.95,p.l 
06.10.95 
Fluorspar 
Furazolidone P.R. China duties 
P.R. China duties 
Furfuraldehyde P.R. China duties Council Reg. 
(EC)No. 486/94 
04.03.94 
Council Reg. 
(EC)No.2674/94 
Council Reg. 
(EC)No. 95/95 
16.01.95 OJ L 62 
05.03.94, p. 1 
OJ L 285 
04.11.94, p. 1 
OJ L 15 
21.01.95, p.11 
Glutamic acid 
(monosodium 
glutamate) Indonesia duties 
Korea 
Taiwan 
Thailand 
undertakings Council Reg. 
(EEC)No.2455/93 
2.9.93 
Commission Dec. 
93/497/EEC 
30.07.93 0J L 225 
04.09.93, p. 1 
OJ L 225 
04.09.93,p.35 
Isobutanol Russia duties Council Reg. 
(EC)No. 721/94 
29.03.94 OJ L 87 
31.03.94,p. 3 
Lighters 
(disposable) Japan duties 
P.R. China 
S.Korea 
Thailand Council Reg. 
(EEC)No.3433/91 
25.11.91 OJ L 326, 
28.11.91,p.l 
Thailand undertaking Com.Dec.91/604/EEC OJ L 326, 
P.R. China duties 25.10.91 
Council Reg. 
(EC)No. 1006/95 
03.04.95 28.11.91,p.31 
OJ L 101, 
04.05.95,p.38 
Linear tungsten 
halogen lamps Japan duty Council Reg. OJ L 14, 
(EEC)No. 117/91 19.01.91, p. 1 
16.01.91 
Magnesia 
(deadburned) P.R. China duty Council Reg. 
(EC)No.3386/93 
06.12.93 OJ L 306, 
11.12.93,p.16 
Magnesium oxide P.R. China duty 
(caustic magnesite) Council Reg. OJ L 145, 
(EEC)No.1473/93 17.06.93,p. 1 
14.06.93 
h 
Microdisks Japan duties 
Taiwan 
P.R. China Council Reg. 
(EEC)No.2861/93 
18.10.93 OJ L 262 
21.10.93, p.4 
Hong Kong duties 
S.Korea Council Reg. 
(EC)No.2199/94 
09.09.94 OJ L 236 
10.09.94, p.2 
Outer rings of 
TRBs (cups) Japan duties Council Reg. 
(EEC)No. 55/93 
08.01.93 OJ L 9 
15.01.93,p.7 
Oxalic acid India duties 
P.R. China Council Reg. 
(EEC)No.3434/91 
25.11.91 OJ L 326 
28.11.91,p.6 
Peroxidisul-
phates P.R. China duty Council Reg. 
(EC)No.2961/95 
18.12.95 OJ L 308 
21.12.95,p.61 
Photo albums P.R. China duty Council Reg. 
(EC)No.3664/93 
22.12.93 OJ L 333 
31.12.93,p.67 
Pig iron 
(haematite] Brazil 
Poland 
Russia 
Ukraine duties Com. Dec.(EC) 
No.l751/94/ECSC OJ L 182 
16.07.94,p.37 
Plain paper 
photocopiers Japan duty Council Reg. 
(EC)No.2380/95 
02.10.95 OJ L 244 
12.10.95,p.l 
Polyester fibres 
and yarns Turkey undertaking 
(countervailing) Com.Dec.91/511/91 
23.09.91 OJ L 272, 
28.9.91,p.92 
Polyester fibres 
(synthetic) Taiwan duties 
Turkey Council Reg. 
(EEC)No.3905/88 
12.12.88 OJ L 347 
16.12.88,p.10 
Polyester yarns Taiwan duties 
Indonesia 
P.R. China 
Turkey Council Reg. 
(EEC)no.830/92 
30.03.92 OJ L 88 
03.04.92,p.l 
Polyolefin woven 
bags P.R. China duties 
additional 
duties Council Reg. 
(EEC)No.3308/90 
15.11.90 
Council Reg. 
(EEC)No.2346/93 
23.08.93 OJ L 318 
17.11.90,p.2 
OJ L 215 
25.08.93,p.l 
l\ 
Potassium 
chloride Belarus 
Russia 
Ukraine duties Council Reg. 
(EC)No. 643/94 
21.03.94 OJ L 80 
24.03.94,p. 1 
Potassium 
permanganate P.R.China duty Council Reg. 
(EC)No.2819/94 
17.11.94 OJ L 298 
19.11.94, p.32 
Seamless steel 
tubes 
Semi-finished 
products of 
alloy steel Hungary duty 
Poland 
Croatia 
undertakings 
Brazil 
Turkey duty 
undertaking 
Sheets and plates Slovenia 
of iron or Macedonia 
steel Montenegro 
Serbia duty Council Reg. 
(EEC)No.1189/93 
14.05.93 
ComDec93/260/EEC 
14.05.93 OJ L 120 
15.05.93,p.34 
OJ L 120 
15.05.93,p.42 
ComDecl775/92/ECSC OJ L 182 
30.06.92 02.07.92,p.23 
Com.Dec. 
2297/92/ECSC 
31.07.92 OJ L 221 
06.08.92,p.36 
Silicon carbide Russia 
Poland 
P.R. China 
Ukraine duties Council Reg. 
(EC)No.821/94 
12.04.94 OJ L 94 -
13.04.94,p.21 
Silicon metal P.R. China duty 
additional 
duty 
Brazil 
Sisal twine Brazil 
(binder and baler) duty 
undertakings Council Reg. 
(EEC)No.2200/90 
27.7.90 
Council Reg. 
(EEC)No.1607/92 
22.6.92 
(EEC)No.2305/92 
04.08.92 
Com.Dec.93/521/EEC 
03.09.93 OJ L 198 
28.7.90, p.57 
OJ L 170 
25.6.92, p. 1 
OJ L 222 
07.08.92,p.l 
OJ L 251 
08.10.93 
Sodium carbonate U.S.A. 
(soda ash) duties Council Reg. 
(EC)No. 2381/95 
10.10.95 OJ L 244 
12.10.95,p.32 
Synthetic tex- Romania duties 
tile fibres of Taiwan 
polyester Turkey 
Serbia 
Montenegro 
FYR Macedonia Council Reg. 
(EEC)No.3017/92 
19.10.92 OJ L 306 
22.10.92,p. 1 
&L 
India duties Council Reg. OJ L 9, 
S. Korea (EEC)No. 54/93 15.01.93,p. 2 
08.01.93 
& 
Televisions 
(colour) Malaysia duties 
P.R. China 
S. Korea 
Singapore 
Thailand Council Reg. 
(EC)No. 710/95 
27.03.95 OJ L 73 
01.04.95,p.3 
Televisions S. Korea duties 
(small-screen colour) 
P.R. China duties 
Hong-Kong Council Reg. 
(EEC)No.1048/90 
25.04.90 
Council Reg. 
(EEC)No.2093/91 
15.07.91 OJ L 107 
27.4.90,p.56 
OJ L 195 
18.7.91,p.l 
Television Japan 
camera systems duties Council Reg. 
(EC)No.1015/94 
29.04.94 OJ L 111 
30.04.94,pl06 
Thermal paper Japan duties 
undertakings 
Tungsten carbide P.R. China duties 
and fused tungsten 
carbide 
duties Council Reg. 
(EEC)No. 729/92 
16.03.92 
Com.Dec.92/177/EEC 
16.03.92 
Council Reg. 
(EEC)No.2737/90 
24.09.90 
Council Reg. 
(EC)No. 610/95 
20.03.95 OJ L 81 
26.03.92,p.l 
OJ L 81 
26.03.92,p.22 
OJ L 264 
27.09.90,p.7 
OJ L 64 
22.03.95,p.l 
Tungsten ores P.R. China duties 
and concentrates 
duties Council Reg. 
(EEC)No.2735/90 
24.09.90 
Council Reg. 
(EC)No. 610/95 
20.03.95 OJ L 264 
27.09.90,p.l 
OJ L 64 
22.03.95,p.l 
Tungstic oxide 
and acid P.R. China duties 
duties Council Reg. 
(EEC)No.2736/90 
24.09.90 
Council Reg. 
(EC)No. 610/95 
20.03.95 OJ L 264 
27.09.90,p.4 
OJ L 64 
22.03.95,p.l 
Typewriter 
ribbons P.R. China undertakings 
duties Com.Regulation 
(EEC)No.1937/90 
Council Reg. 
(EEC)No.3200/90 
5.11.90 OJ L 174 
4.7.90,p.27 
OJ L 306 
6.11.90,p.21 
W 
Urea Venezuela duties 
Russia duties Council Reg. OJ L 272 
(EEC)No.2835/91 28.9.91,p.l0 
23.9.91 
Council Reg. OJ L 4 9 
(EC)No. 477/95 04.03.95,p.l 
16.01.95 
Urea ammonium 
nitrate Bulgaria duties 
Poland Council Reg. OJ L 350 
(EC)No.3319/94 31.12.94,p.20 
22.12.94 
undertakings Com.Dec.94/825/EC OJ L 350 
12.12.94 ' 31.12.94,p.115 
Video cassette Hong Kong duties 
tapes South Korea Council Reg. OJ L 174 
(EEC)No.1768/89 22.6.89,p.l 
19.6.89 
Hong Kong undertakings Com.Dec.89/376/EEC OJ L 174 
19.6.89 22.6.89,p.30 
P.R. China duties Council Reg. OJ L 293 
(EEC)No.3091/91 24.10.91,p.2 
21.10.91 
Welded tubes 
of iron or steel Romania duties Council Reg. OJ L 91 
(EEC) No. 868/90 6.4.90, p 
2.4.90 
undertakings Com. Dec. 90/166/EEC OJ L 91 
2.4.90 6.4.90,p.36 
Turkey duties Council Reg. OJ L 91 
Venezuela (EEC) No. 898/91 12.4.91,p.l 
8.4.91 
Welded wire 
mesh Yugoslavia undertakings Com. Dec.91/256/EEC OJ L 123 
14.5.91 18.5.91,p.54 
85 
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