ir * 
•fr « EUROOPAN YHTEISÖJEN KOMISSIO 
Bryssel, 04.07.1995 
KOM(95)309 lopull. 
KOMISSION KOLMASTOISTA VUOSITTAINEN KERTOMUS 
EUROOPAN PARLAMENTILLE 
YHTEISÖN POLKUMYYNNIN- JA TUENVASTAISISTA TOIMISTA 
(1994) 

1/313/95.FI 
:CA02/0020/95) 
(Kolmastoista vuosittainen kertomus parlamentille - 1994) 
SISÄLLYSLUETTELO 
Sivu 
1. JOHDANTO 1 
2. YLEISKATSAUS - TOTEUTETTAVAT TOIMENPITEET 1 
3. POLKUMYYNNIN- JA TUENVASTAISIA TOIMIA KOSKEVIEN 
TUTKIMUSTEN VIREILLEPANO 4 
3.1 Yleiskatsaus 4 
4. POLKUMYYNNIN- JA TUENVASTAISIA TOIMIA 
KOSKEVAT TUTKIMUKSET - TARKASTELU 4 
1. Tarkastelut 15 artiklan nojalla 4 
2. Tarkastelut 14 artiklan nojalla 5 
3. Uusia tulokkaita koskevat tarkastelut 5 
4. Tarkastelut 13(11) artiklan nojalla 5 
5. GATTiin liittyvät kysymykset 5 
1. Vuoden 1994 polkumyynninvastaisen sopimuksen täytäntöönpano 5 
2. Vuoden 1994 tuenvastaisen sopimuksen täytäntöönpano 6 
3. Täytäntöönpano kolmansissa maissa 7 
6. HENKILÖSTÖ JA HALLINTO 7 
yf^s. 
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KOMISSION KOLMASTOISTA VUOSITTAINEN KERTOMUS1 YHTEISÖN 
POLKUMYYNNIN- JA TUENVASTAISISTA TOIMISTA2 
1. JOHDANTO 
Tämä Euroopan parlamentin 16 päivänä joulukuuta 1981 antaman yhteisön 
polkumyynninvastaisia toimia koskevan päätöslauselman3 ja Euroopan parlamentin 
ulkosuhteiden valiokunnan Euroopan yhteisön polkumyynninvastaista menettelyä koskevan 
uudemman kertomuksen4 johdosta laadittu kertomus annetaan Euroopan parlamentille. 
Kertomuksessa keskitytään pääasiassa yhteisön toimiin vuonna 1994, mutta vertailun vuoksi 
jäljempänä esitettävään taulukkoon 1 on koottu yhteisön vuosina 1990 - 1994 
vireillepanemien ja päätökseen viemien polkumyynnin- ja tuenvastaisia toimia koskevien 
tutkimusten määrä sekä toteutettujen toimenpiteiden erittely. 
Tämän kertomuksen 3, 4, 5 ja 6 kohdassa esitetään lyhyt selostus jokaisesta vuonna 1994 
vireillepannusta tapauksesta, jokaisesta väliaikaisesta ja lopullisesta toimenpiteestä, 
hyväksytyistä toimeksiannoista ja jokaisesta tapauksesta, joka vietiin päätökseen ilman eri 
toimenpiteitä. 
2. YLEISKATSAUS - TOTEUTETTAVAT TOIMENPITEET 
Vuoden 1994 lopussa yhteisön toteutettavana oli 151 toimenpidettä, joista 23 oli 
toimeksiantoja. Näistä 151 toimenpiteestä 124 oli alkuvaiheen toimenpiteitä ja 27 
toteutettiin neuvoston asetuksen (ETY) N:o 2423/88 15 artiklan mukaisen tarkastelun 
vuoksi. On huomionarvoista, että toimenpiteet koskevat ainoastaan 0,71 prosenttia 
yhteisön kokonaistuonnista. 
Kaikista vuoden 1994 lopussa toteutettavista toimenpiteistä 57, eli 37,7 prosenttia 
kokonaismäärästä, koski valtiojohtoista kauppaa harjoittavia maita5 mukaan lukien 
Edelliset kertomukset annettiin asiakirjoissa KOM(83)519 lopull./2; KOM (84)721 lopull.; 
KOM(86)308 lopull.; KOM(87)178 lopull.; KOM(88)92 lopull.; KOM(89)106 lopull.; 
KOM(90)229 lopull.; SEC(91)92 lopull.; SEC(91)974 lopull.; SEC(92)716 lopull.; KOM(93)516 
lopull. ja KOM(95)16. 
Neuvoston asetuksen(ETY)N:o 2423/88, EYVL N:o L 206, 2.8.1988, s.l ja komission 
päätöksen N:o 2424/88/EHTY, EYVL N:o L 209, 2.8.88, s. 18 mukaisesti 
EYVLN:oC 11, 18.1.82, s.37 
PE 141.178/fin, 30.11.1990, esittelijä herra Gijs DE VRIES 
Entisen Tsekkoslovakian sosialistisen tasavallan (CSSR), Unkarin, Puolan, Bulgarian ja 
Romanian osalta näissä luvuissa on ilmaistu ainoastaan ne toimenpiteet, jotka toteutettiin kun 
maat luokiteltiin valtiojohtoisen kaupan harjoittajiksi. Luvuissa on mukana myös Neuvostoliiton 
hajoamisen jälkeen entisen Neuvostoliiton alueen yksittäisiin tasavaltoihin kohdistetut 
1/313/95.FI 
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Kiinan kansantasavaltaan kohdistuneet 26 toimenpidettä. Vuodesta 1990 Keski- ja Itä-
Euroopan maihin on kohdistettu ainoastaan 15 toimenpidettä. Muiden maiden osalta 
eniten toimenpiteitä kohdistettiin Japaniin (16 toimenpidettä), Etelä-Koreaan (12 
toimenpidettä), Turkkiin (8 toimenpidettä) ja Taiwaniin (6 toimenpidettä). 
toimenpiteet. 
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TAULUKKO 1 
Polkumvvntiä ia tukea koskevat tutkimukset tammikuun 1 päivästä alkavalla ia joulukuun 31 
päivään 1994 päättyvällä ajanjaksolla 
Jakson alussa käynnissä olevat tutkimukset 
Jakson aikana vireillepannut tutkimukset-
Jakson aikana käynnissä olevat tutkimukset 
Päättyneet tutkimukset: 
- määrättiin lopullinen tulli 
- hintasitoumus hyväksyttiin 
- polkumyyntiä ei tapahtunut 
- tukea ei myönnetty 
- vahinkoa ei tapahtunut 
- muut syyt 
Jakson aikana päätökseen vietyjen 
tutkimusten kokonaismäärä 
Jakson lopulla käynnissä olevat tutkimukset 
Jakson aikana määrätyt väliaikaiset tullit 1990 
60 
43 
103 
18 
9 
-
-
13 
4 
44 
59 
23 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 
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Todenmukaisempi arvio polkumyynninvastaisten toimenpiteiden vaikutuksesta on 
kulloinkin kyseessä olevan tuotteen kauppa-arvo, ja se ymmärrettävästi vaihtelee 
suuresti tuotealasta riippuen. Korkeimmat kauppa-arvot ovat korkean teknologian ja 
suuren lisäarvon tuotteissa, kuten suuriin tuotantomääriin perustuvassa elektroniikassa. 
Näin ollen Japania vastaan on kohdistettu eniten toimenpiteitä, siten, että näiden 
toimenpiteiden kauppa-arvo on 38 prosenttia kaikkien toimenpiteiden vaikutuksen 
alaisesta kaupasta. Samaan aikaan yhteisöstä ei viety vastaavia tuotteita Japaniin 
käytännöllisesti katsottuna lainkaan. 
3. POLKUMYYNNIN- JA TUENVASTAISIA TOIMIA KOSKEVIN TUTKIMUSTEN 
VIREILLEPANO 
3.1.YLEISKATSAUS 
Vuonna 1994 pantiin vireille 43 tutkimusta, jotka koskivat tuontia 20:stä eri maasta. 
Tutkimuksia pantiin vireille eniten Kiinan kansantasavallassa ja Thaimaassa, viisi 
tutkimusta molemmissa maissa; seuraavina olivat Intia ja Indonesia, joissa kummassakin 
pantiin vireille neljä tutkimusta. Näiden tutkimusten yksityiskohdat esitetään liitteessä 
A. 
Vuosina 1990 - 1994 pantiin vireille 166 tutkimusta, jotka koskivat 39 maasta tuotavia 
tuotteita. Eniten tutkimuksia pantiin vireille Kiinan kansantasavallassa (25), Turkissa 
(13), Japanissa ja Etelä-Koreassa (molemmissa 11) sekä Thaimaassa (10). Viiden 
viime vuoden aikana vireillepannut tutkimukset on esitetty vientimaittain liitteessä H ja 
kuvattu jäljempänä esitettävässä kaaviossa. 
Vuosina 1990 - 1994 tutkimukset keskittyivät tekstiilialaan, kemian alaan, rauta- ja 
teräsalaan sekä elektroniikka-alaan. Vuonna 1994 eniten tutkimuksia pantiin vireille 
tekstiilialalla kolmen sitä edeltävän hiljaisen vuoden jälkeen. 
4. POLKUMYYNNIN- JA TUENVASTAISIA TOIMIA KOSKEVAT 
TUTKIMUKSET - TARKASTELU 
4.1.1. TARKASTELUT 15 ARTIKLAN NOJALLA 
Peruslainsäädännön 15 artiklan voimaantulosta alkaen vuonna 1985 240 toimenpiteen on 
voitu antaa raueta ilman eri toimenpiteitä. 
Vuonna 1994 18 toimenpiteen annettiin raueta ilman eri toimenpiteitä 15 artiklan 
nojalla, vaikka mitkään 15 artiklan nojalla toteutetut tarkastelut eivät johtaneet 
raukeamiseen oikeuttaviin toimenpiteisiin. Viitteet näistä toimenpiteistä on esitetty 
liitteissä J, K ja O. 
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4.1.2. TARKASTELUT 14 ARTIKLAN NOJALLA 
Vuodesta 1990 14 artiklan nojalla on pantu vireille yhteensä 69 tarkastelua. Tarkastelun 
johdosta 26 toimenpidettä peruttiin ja 42:n annettiin jatkua pääasiassa muutettuna. 
Vuonna 1994 pantiin vireille 14 artiklan nojalla 11 tarkastelua. Vuoden 1994 aikana ja 
tarkastelujen johdosta kahden toimenpiteen annettiin raueta ja kuuden toimenpiteen 
annettiin jatkua muutettuna. 
4.1.3. UUSIA TULOKKAITA KOSKEVAT TARKASTELUT 
Uusia tulokkaita koskevat tarkastelut ovat verrattain uusi ilmiö polkumyynninvastaisen 
välineen hallinnossa. Näistä tarkasteluista hyötyvät uudet viejät, jotka joutuvat 
maksamaan jäännöstullia mutta jotka eivät olleet alustavan tutkimuksen alaisia, koska ne 
eivät vielä olleet harjoittaneet vientiä yhteisöön. 
Sen jälkeen kun komissio teki ensimmäisen tällaisen tarkastelun, on pantu vireille 14 
tutkimusta. Niistä yksi aloitettiin vuonna 1994. Vuonna 1994 yhtä toimenpidettä myös 
muutettiin uusia tulokkaita koskevan tarkastelun johdosta. 
4.1.4.TARKASTELUT 13(11) ARTIKLAN NOJALLA 
Mahdollisuus näihin 13(11) artiklaan perustuviin tarkasteluihin tilanteissa, joissa 
viejämaat maksavat suoraan tai välillisesti tullin kustannukset ja lisäävät näin 
polkumyyntimarginaalia, liitettiin peruslainsäädäntöön vuonna 1988. 
Sen jälkeen neljä samanlaista tarkastelua pantiin vireille vuonna 1991, tosin kaksi niistä 
laajennettiin kokonaan 14 artiklaan perustuvaksi tarkasteluksi, ja vuonna 1994 aloitettiin 
kaksi uutta tarkastelua 13(11) artiklan nojalla. Nämä koskivat Japanista ja Singaporesta 
peräisin olevia elektronisia punnitusvaakoja. Viitteet tarkasteluihin ovat liitteessä J. 
5. GATTIIN LIITTYVÄT KYSYMYKSET 
5.1 VUODEN 1994 POLKUMYYNNINVASTAISEN SOPIMUKSEN 
TÄYTÄNTÖÖNPANO 
Sopimukseen sisältyvät uudet, yksityiskohtaiset säännöt lähes kaikista 
polkumyynninvastaisten toimenpiteiden näkökohdista. Nämä säännöt liitettiin osaksi 
yhteisön lainsäädäntöä 22 päivänä joulukuuta 1994 tehdyllä neuvoston päätöksellä (EY) 
N.o 3283/946. Suurin osa uudesta polkumyynninvastaisia toimenpiteitä koskevista 
perussäännöksistä on Maailman kauppajärjestön polkumyynnin- vastaisia toimenpiteitä 
6 EYVL N:oL 349, 31.12.1994, s. 1 
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koskevan sopimuksen mukaisia, mutta sopimukseen lisättiin säännöksiä erityisesti 
takautumisen (10 artikla), keskittymisen (12 artikla), tullin kiertämisen (13 artikla) ja 
yhteisön edun (21 artikla) osalta, joita sopimuksessa ei mainita tai mainitaan 
epämääräisesti. 
Vuoden 1994 sopimuksen mukaisesti uudet perussäännökset asettavat tiukemmat rajat 
polkumyynninvastaisten toimenpiteiden toteuttamiselle uusilla ja yksityiskohtaisilla 
säännöillä polkumyynnin laskemisesta, tutkimuksen vireillepanoa ja jatkamista 
koskevien menettelyjen lisävaatimuksilla sekä rajoituksilla väliaikaisen tullin 
määräämisestä. 
Uusilla takautumista, keskittymistä ja tullin kiertämistä koskevilla säännöillä on 
tarkoitus varmistaa polkumyynnin- vastaisten toimenpiteiden tehokkaampi 
täytäntöönpano. Tämä on toivottu ja lainmukainen kiertämisen vastaisiin toimenpiteisiin 
liittyvä päämäärä, joka tunnustettiin ministerien julistuksessa WTO:n sopimusten 
muodollisen vahvistamisen yhteydessä (Marrakech 15 päivänä huhtikuuta 1994). 
5.2. VUODEN 1994 TUEN VASTAISEN SOPIMUKSEN TÄYTÄNTÖÖNPANO 
Ensimmäistä kertaa yhteisön tasoitustullia koskeva lainsäädäntö esitetään asetuksessa, 
joka on erillään polkumyynmnvastaisia toimenpiteitä koskevasta lainsäädännöstä. Uusi 
asetus7 on tiukasti WTO:n tukia koskevan sopimuksen määräysten mukainen ja yhdistää 
ne yhteisön parannettuihin menettelysääntöihin säätämällä esimerkiksi aikarajoista ja 
päätöksenteosta, joista useimmat ovat sekä tasoitustullia että polkumyynmnvastaisia 
toimenpiteitä koskevassa lainsäädännössä. 
Tasoitustullia koskevan asetuksen pääpiirteet voidaan tiivistää seuraavasti: 
* Tuet - määrittely, tilanne ja laskeminen (2-4 artikla) 
* Menettelyjen ia tutkimusprosessin vireillepano (7-8 artikla) 
* Jakautuminen, tullin kiertäminen, yhteisön etu 
* Päättäminen - vähimmäisrajat (11 artikla) 
* Tasoitustullia koskevien toimenpiteiden ia monenvälisten keinojen välinen suhde (23 
artikla) 
7 Neuvoston asetus (EY) N:o 3284/94, EYVL N:o L 349, 31.12.94, s.22 
6 SC 
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5.3. TÄYTÄNTÖÖNPANO KOLMANSISSA MAISSA 
5.3.1. YHDYSVALLAT 
Ehdotuksessa uuden polkumyynmnvastaisia toimenpiteitä koskevan lain 
täytäntöönpanemiseksi esitetään ne muutokset, jotka ovat välttämättömiä lain uusien 
sääntöjen vuoksi. Komissio arvioi, että Yhdysvallat ei ole pyrkinyt muuttamaan 
tämän alan neuvottelujen tuloksia lainsäädännön täytäntöönpanolla. 
Kongressissa ennen ehdotuksen virallista esittelyä käytyjen lakiehdotusta koskevien 
keskusteluiden aikana eturyhmät toivat esille useita aiheita, jotka komission mukaan 
olisivat antaneet aihetta Yhdysvaltojen nykyistä polkumyynmnvastaisia toimenpiteitä 
koskevaa lakia protektionistisempaan lakiin. Komissio seurasi tarkasti näitä 
keskusteluja ja selvitti tarvittaessa kantansa samoin kuin huolensa eri tahoille 
mukaan lukien Yhdysvaltojen hallinnon edustajalle ja kongressille. Näyttäisi siltä, 
että lopullisessa ehdotuksessa nämä mielipiteet on otettu pääosin huomioon. Jotkut 
aiheet, esimerkiksi tulli kustannuksena ja hyvityksenä kantajille, on poistettu lähes 
kokonaan. Toisiin aiheisiin, kuten valvottu tuotanto, sunset-tarkastelut, ja 
tasapuolinen vertailu on löydetty GATTin mukaiset ratkaisut. Vaikka 
yksityiskohtaiset tekniset säännökset eivät ehkä ole samanlaiset kuin yhteisössä, 
lakiehdotus ei mielestämme rikkonut uuden polkumyynmnvastaisia toimenpiteitä 
koskevan lain velvoitteita. 
Menettelyyn liittyvien näkökohtien kannalta olisikin muistettava, että vaikka kaikki 
uudessa laissa olevat menettelysääntöjä koskevat muutokset on sisällytetty 
täytäntöönpanoa koskevaan ehdotukseen, paljon riippuu siitä, miten uutta lakia 
sovelletaan käytäntöön. Tämä pätee erityisesti kysymyksiin viejiltä pyydetyn tiedon 
määrästä ja hallinnon valmiuteen käyttää "parasta saatavilla olevaa tietoa". 
Lopuksi, Yhdysvaltain laki ei ole niin vapaamielinen kuin yhteisön laki, sillä siinä 
ei ole kahta lain sisältämää valinnaista osa-aluetta, eli sääntöä pienemmästä tullista, 
joka mahdollistaa polkumyyntimarginaalia pienemmän tullin määräämisen niissä 
tapauksissa, jossa se riittää aiheutetun vahingon korvaamiseen, sekä yhteisen edun 
testin, joka antaa viranomaisille mahdollisuuden pidättäytyä toimenpiteistä, jotka 
eivät ole tuojan yleisen edun mukaisia. Yhdysvallat kieltäytyi koko Uruguayn 
kierroksen neuvotteluiden ajan hyväksymästä näitä kahta sääntöä. Siksi ei ole 
yllättävää, että ne eivät ole mukana täytäntöönpantavassa lainsäädännössä. 
6. HENKILÖKUNTA JA HALLINTO 
Neuvoston asetuksissa (EY) N:o 521/948 ja (EY) N:o 522/949 säädetyt aikarajat 
polkumyynnin- ja tuenvastaisia toimenpiteitä koskeville tutkimuksille edellyttävät 
EYVLN:oL66, 10.3.94, s.7 
EYVLN:oL66, 10.3.94, s. 10 
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huomattavaa henkilöstön lisäystä. Neuvosto huomasi tämän tarpeen joulukuussa 
1993 sopiessaan kaupallisen välineeseen liittyvien menettelyjen nopeuttamisen 
periaatteesta. 
Vuonna 1994 kymmenen uutta virkamiestä aloitti polkumyynnin- ja tuenvastaisia 
toimenpiteitä koskevassa työssä, joten henkilöstön määrä vuoden lopussa nousi 
130:een ulkopuoliset työntekijät mukaan lukien. 
Euroopan parlamentin tuen ansiosta komissio sai lisäksi vuoden 1995 talousarviossa 
polkumyynnin- ja tuenvastaisten toimenpiteiden tehostamiseksi kaiken kaikkiaan 59 
vakituista virkaa, joista neljä käännöspalveluihin. Uusien virkamiesten työhönotto 
alkaa vuonna 1995, ja sen oletetaan jatkuvan koko vuoden. Tämä on ensimmäinen 
vaihe henkilöstön kokonaismäärän lisäämisessä, joka on tarpeen menettelyiden 
nopeuttamisen tehostamiseksi; toinen vaihe on suunniteltu komission vuoden 1996 
talousarvioon. 
Tämän polkumyynnin- ja tuenvastaisista toimenpiteistä vastaavan henkilöstön 
määrän merkittävän kasvun lisäksi palveluita muutetaan oikeudellisten aikarajojen 
voimaantulon (todennäköisesti 1 päivänä syyskuuta 1995) mukaisesti. Määräaikoja 
pystytään noudattamaan ainoastaan tutkimusten jakamisella, jolloin polkumyyntiä ja 
vahinkoja koskevat tutkimukset tehdään erikseen ja rinnasteisesti. Polkumyynnin- ja 
tuenvastaisten toimien järjestelyt on tulevaisuudessa mukautettava näiden 
näkökohtien mukaisesti. 
(13th Annual Report to Parliament -1994) 
CONTENTS 
Pace 
1. INTRODUCTION 1 
2. GENERAL OVERVIEW - MEASURES IN FORCE 1 
3. INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS 3 
3.1 Overview 3 
3.2 Cases 4 
1. Unwrought magnesium from Kazakhstan, Russia and Ukraine 4 
2. Cotton cloth from the P.R. China, India, Indonesia, Pakistan 
and Turkey 5 
3. Synthetic staple fibre from India, Indonesia, Pakistan and 
Thailand 5 
4. Bed linen from India, Pakistan, Thailand and Turkey 6 
5. Bicycles from Indonesia, Malaysia and Thailand 7 
6. Pipe or tube fittings from the P.R. China, Croatia, Slovakia, 
Taiwan and Thailand 7 
7. Periulphates from the P.R. China 8 
8. Activated powdered carbons from the P.R. China 8 
9. Portland cement from the Czech Republic, Poland and Slovakia 9 
10. Grain-oriented electrical steel sheets from Russia 9 
11. Coumarin from the P.R. China 9 
12. Hematite pig iron from the Czech Republic 10 
13. Ammonium nitrate fertilizer from Lithuania and Russia 10 
14. Tapered roller bearings from Japan 11 
15. Polyester yam (PTY) from Indonesia, India and Thailand 11 
16. Polyester staple fibres from Belarus 12 
17. Advertising matches from Japan 13 
18. Microdisks (3.5") from Malaysia, Mexico and the U.S.A 13 
-X 
Page 
4. PROVISIONAL AND DEFINITIVE MEASURES 15 
4.1 Provisional Measures - Overview 15 
4.2 Definitive Measures - Overview 15 
4.3 Cases 16 
1. Hematite pig iron from Brazil, Poland, Russia and the Ukraine 16 
2. Large aluminium electrolytic capacitors from S.Korea and 
Taiwan 19 
3. Microdisks from Hong Kong and S.Korea 21 
4. Calcium metal from the P.R. China and and Russia 22 
5. Watch movements from Malaysia, Thailand and Turkey 24 
6. Urea ammonium nitrate (U.A.N.) from Bulgaria and Poland 25 
7. Furazolidone from the P.R. China 26 
8. Furfuraldehyde from the P.R. China 28 
9. Colour television receivers from Malaysia, the P.R. China, 
S. Korea, Singapore and Thailand 29 
10. Ferro-silico-manganese from Russia, the Ukraine, Brazil 
and S.Africa 31 
11. Ethanolamines from the U.S.A. 32 
12. Floursparfrom the P.R. China 34 
13. Ferro-silicon from the P.R. China and S.Africa 35 
14. Isobutanol from Russia 36 
15. Television cameras systems from Japan 37 
5. ACCEPTANCE OF UNDERTAKINGS 39 
5.1 Overview 39 
1. Ammonium nitrate fertilizer from Russia and Lithuania 39 
> 
Page 
6. TERMINATIONS WITHOUT MEASURES 40 
6.1 Overview 40 
6.2. Cases 40 
1. Ammonium nitrate fertilizer from Belarus, Georgia, 
Turkmenistan, Ukraine and Uzbekistan 40 
2. Antimony trioxide from the P.R. China 40 
3. Gum rosin from the P.R. China 41 
4. Hand-knitting yam from Turkey 43 
7. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS - REVIEWS 44 
7.1 Overview 44 
1. Article 15 reviews 46 
2. Article 14 reviews 46 
3. "Newcomer" reviews 46 
4. Article 13(11) reviews 46 
8. MONITORING OF UNDERTAKINGS 47 
» 
9. REFUNDS 47 
10. THE COURT OF JUSTICE , 48 
10.1 Overview 48 
10.2 Court of First Instance 48 
10.3 New Cases 48 
10.4 Judgements rendered 48 
1. Disposable lighters : judgement of 7 July 1994 49 
10.5 Cases Pending 49 
Page 
11. GATT ISSUES 50 
11.1 Implementation of the 1994 anti-dumping agreement 50 
11.2 Implementation of the 1994 anti-subsidy agreement 51 
11.3 Implementation by third countries 52 
1. U.S.A. 52 
11.4 Anti-subsidy investigations of third countries concerning imports 
from E.U. member states 53 
1. Australia 53 
2. Brazil 53 
3. Argentina 54 
4. Mexico 54 
5. Venezuela 55 
6. Peru 55 
7. Jamaica 55 
8. Canada 55 
9. Bolivia 56 
10. United States 56 
11.5 Dispute settlement proceedings 56 
1. Panel proceedings in which the Community is involved 56 
11.6 Anti-subsidy investigations carried out by the Commission 57 
1. Ball bearings from Thailand 57 
12. PERSONNEL AND ADMINISTRATION 58 
^ 
THIRTEENTH 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 1994, but for the 
purpose of comparison, the number of anti-dumping and anti-subsidy investigations 
initiated and concluded by the Community in the years 1990 to 1994, together with a 
breakdown of the type of measures taken, are summarized in Table 1 below. 
For 1994, a concise commentary on each case opened, each provisional and definitive 
measure taken, the undertakings accepted 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 1994, the Community had 151 measures in force, 23 of which were in the 
form of undertakings. Of these 151 measures, 124 were original measures and 27 were 
maintained following a review in accordance with article 15 of Council Reg. 2423/88. It 
is very important to note that they affect only 0.71% of total imports to the Community. 
Of all the measures in force at the end of 1994, 57 or 37.7% of the total were imposed 
against the then state trading countries5, including the P.R. China with 26 measures. 
Since 1990, measures have been imposed in respect of Central and Eastern European 
countries (CEECs) in only 15 cases altogether. The other countries most involved were 
Japan with 16 measures, S. Korea with 12, Turkey with 8 and Taiwan with 6. 
1 Previous reports were given in COM(83)519 fmal/2; C0M(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 and COM(95)16. 
2 In accordance witth Council Reg. (EEC)No. 2423/88, OJ No. L 206 of 02.08.1988, p. 1, and 
Commission Decision No. 2424/88/ECSC, OJ No. L 209 of 02.08.88, p. 18 
3 OJno. C 11, 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. 
>1 
TABLE 1 
Anti-dumping and anti-subsidv investigations . 
during the period 1 January 1990 - 31 December 1994 
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 ' i 
Provisional duties imposed during 
the period 1990 
60 
-43 
103 
18 
9 
-
-
13 
4 
44 
59 
23 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 
AD measures 1994 
• PRC 
• OthST 
• Jap 
DSK 
• Tur 
O Tai 
• Rest 
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, still representing 38.8% of the 
total trade value affected 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 1994, 43 investigations were initiated involving imports from 20 countries, the 
People's Republic of China and Thailand being most prominent with 5 initiations 
each, closely followed by India and Indonesia with 4 each. Details of these 
initiations are given in Annex A. 
In the five year period from 1990 to 1994, 166 investigations were initiated 
involving imports from 39 countries. The countries most involved were the People's 
Republic of China with 25 investigations, Turkey with 13, Japan and S. Korea with 
11 investigations each and Thailand with 10 The investigations initiated over the 
last five years are broken down by country of export in Annex H, and are illustrated 
in the graph below. 
No. of investigations 1990-1994 
Rest PRC Turk Japa S.Ko Thai 
ey n rea land 
The sectors most involved in these investigations during the period 1990 - 1994 
were those of textiles, chemicals, iron and steel and electronics. In 1994, by far the 
largest number of initiations took place in the textile sector, following a lull for the 
previous three years. A breakdown by product sector is given in Annex I, and 
illustrated by the chart below. 
Initiations per sector 1990/94 
•Chemical 
•Textile 
•Wood/paper 
•Electronics 
• MectuEng. 
• Iron/Steel 
•Ottunetals 
• Other 
3.2. CASES 
3.2.1 Unwrought magnesium from Kazakhstan. Russia and the Ukraine 
The notice of initiation of an anti-dumping proceeding was published on 15 
Janaury 1994, concerning imports of unwrought magnesium originating in 
Kazakhstan, Russia and the Ukraine, following a complaint lodged by EiiroAlliages 
on behalf of the sole Community producer. 
The complaint contained evidence of significant dumping on the basis of a 
comparison between export prices to the Community and prices in three possible 
analogue countries, i.e. Canada, Japan and the U.S. 
With regard to injury, import volumes and the corresponding market shared 
increased substantially, the combined market shares more than tripling between 
1991 and 1992 to reach a level of 17%. The complaint alleged that this increase 
had been achieved by low export prices undercutting those of the Community 
industry, which caused the latter to incur substantial financial losses. 
3.2.2 Cotton cloth from the P.R. China. India. Indonesia. Pakistan and Turkey 
The notice of initiation of an anti-dumping proceeding was published on 20 
January 1994 with regard to imports of cotton cloth originating in the People's 
Republic of China, India, Indonesia, Pakistan and Turkey, following a complaint 
lodged by the Committee of the Cotton and Allied Textile Industries of the EEC 
(EUROCOTON), allegedly acting on behalf of a major proportion of Community 
production. 
The product concerned is fabric composed either totally or partially (more than 
50%) of cotton and destined principally for products of the clothing, household 
linen and furniture industries. 
The complaint contained evidence of significant dumping on the basis of a 
comparison between export prices to the Community and a constructed normal 
value based on the estimated production costs in each exporting country plus a 
profit margin, except in the case of the P.R. China. Since the latter is a non-market 
economy country, its normal value was established on the basis of the constructed 
value in India, which was claimed to be the most appropriate analogue country. 
With regard to injury, it was claimed that the market share of the cotton fabric 
imported from the countries concerned had risen from 14.4% in 1989 to 19.3% in 
1992, whilst consumption in the Community had dropped over the same period. It 
was furthermore alleged that the low prices of the imports in question had 
continuously undercut me prices charged by the Community producers by 
between 22% and 38%. Asa consequence, the Community industry was allegedly 
forced to align its prices downwards to levels insufficient to cover costs. 
Furthermore, employment in the Community was alleged to have decreased by 
22% since 1988. 
3.2.3 Synthetic staple fibre cloth from India. Indonesia. Pakistan and Thailand 
The notice of initiation of an anti-dumping proceeding was published on 20 
January 1994 with regard to imports of certain synthetic staple fibre cloth 
originating in India, Indonesia, Pakistan and Thailand, following a complaint 
lodged by the Committee of the Cotton and Allied Textile Industries of the EEC 
(EUROCOTON), allegedly acting on behalf of a major proportion of Community 
production. 
The product concerned is fabric composed either totally or partially (more than 
50%) of synthetic staple fibres and destined principally for products of the clothing, 
household textile and furniture industries. 
The complaint contained evidence of significant dumping on the basis of a 
comparison between export prices to the Community and a constructed normal 
value based on the estimated production costs in each exporting country plus a 
profit margin. 
With regard to injury, it was claimed that the market share of the cotton fabric 
imported from the countries concerned had risen from 18.5% in 1989 to 37.5% in 
1992. It was furthermore alleged that the low prices of the imports in question had 
continuously undercut the prices charged by the Community producers, causing a 
reduction in prices of 18% from 1989 to 1992. As a consequence, the Community 
industry was allegedly forced to align its prices downwards to levels insufficient to 
cover costs. Furthermore, employment in the Community was alleged to have 
decreased by 22% since 1988. 
3.2.4 Bed linen from India» Pakistan, Thailand and Turkey 
The notice of initiation of an anti-dumping proceeding was published on 25 
January 1994 with regard to imports of certain types of bed linen originating in 
India, Pakistan, Thailand and Turkey, following a complaint lodged by the 
Committee of the Cotton and Allied Textile Industries of the EEC 
(EUROCOTON)* allegedly acting on behalf of a major proportion of Community 
production of bed linen. ' 
The complaint covered 100% cotton bed sheets of sizes 20/20 and 24/24, packaged 
in sets including a top sheet, bottom sheet and a pair of pillow cases, said to 
accounting for a major proportion of the allegedly dumped imports, in order to 
establish the export price and the normal value. 
The complaint contained evidence of significant dumping based on a comparison of 
the export price to the Community and the constructed normal value, which the 
complainants considered appropriate in view of their claims that similar products 
are not sold in sufficiently significant quantities on the domestic markets of the 
countries concerned. 
With regard to injury, it was alleged that the market share of these four countires 
increased from 24.5% in 1990 to 29% in 1992, and that the prices at which the 
imports came into the Community undercut those charged by the Community 
producers by between 40% and 52%. It was further claimed that the market share 
of the Community industry had declined, that their profitability decreased 
drastically and that a certain number of jobs had been lost due to the allegedly 
dumped imports. 
3.2.5 Bicycles from Indonesia. Malaysia and Thailand 
The notice of initiation of an anti-dumping proceeding was published on 3 
February 1994 with regard to bicycles originating in Indonesia, Malaysia and 
Thailand. The complaint was lodged by the European Bicycle Manufacturers' 
Association on behalf of a major proportion of Community production. 
The complaint contained evidence of significant dumping on the basis of a 
comparison of domestic prices in Indonesia, Malaysia and Thailand with the price 
charged for (he corresponding product exported to the Community. 
With regard to injury, it was claimed that imports from Indonesia, Malaysia and 
Thailand rose by more than 500% between 1989 and 1993, increasing their share of 
the Commumty market more than four-fold, to 10.3%. Furthermore, it was alleged 
that prices at which imports were sold in the Community significantly undercut 
those of the Community producers to the tune of between 44%-48%, according to 
the exporting country. 
3.2.6 Pipe or tube fittings from the P.R, China, Croatia. Slovakia. Taiwan and Thailand 
The notice of initiation of an anti-dumping proceeding was pbulished on 3 
February 1994 with regard to the import into the Community of tube or pipe 
fittings of iron or steel, originating in China, Croatia, Slovakia, Taiwan and 
Thailand. The complaint had been lodged by the Defence Committee of the EEC 
Steel Butt-Welded Fittings Industry, allegedly representing a major proportion of 
Community production. 
The complaint contained evidence of significant dumping based on a comparison of 
export prices to the Community and domestic prices in Croatia, Slovakia, Taian 
and Thailand, the latter being considered to be an appropriate reference country for 
China. 
With regard to injury, it was alleged that the market share of the five countries 
concerned had risen from 5.1% in 1989 to 23.4% in 1992, and that this increase in 
market share was accompanied by substantial price undercutting. It was 
furthermore claimed that the heavy price undercutting had resulted in a decline of 
sales, market shares, production and capacity utilization, as well as in the reduced 
profits or financial losses of Community producers which, in some cases, were 
forced to introduce short-time working and redundancies. 
3.2.7 Persulphates from the P.R. China 
The notice of initiation of an anti-dumping proceeding was published on 2 March 
1994 with regard to imports of peroxodisulphates (ammonium, sodium and 
potassium persulphates) originating in the People's Republic of China, subsequent 
to a complaint lodged by the European Chemical Industries Council (CEFIC) 
allegedly on behalf of all producers of persulphates in the Community. The 
product concerned is used as an initiator and oxidizing agent in the textile and 
chemical industries. 
As the People's Republic of China is not a market economy country, it was 
necessary to compare prices of the product originating in China with prices in a 
market economy country. The complainants proposed the US A as reference 
country and, on that basis, the estimated dumping margins alleged by the 
complainants were significant. 
With regard to injury, the complaint stated that the dumped imports increased from 
1.454 tonnes in 1989 to 3.139 tonnes in 1992. It was furthermore alleged that the 
prices at which those imports were sold in the Community significantly undercut 
the prices of Commumty producers. The consequent impact on the Community 
industry was claimed to be a reduction in Community production and a decline in 
market share held by the Community producers from 76.7% in 1989 to 65.4% in 
1992. 
3.2.8 Activated powdered carbons from the P.R. China 
* 
The notice of initiation of an anti-dumping proceeding was published on 2 March 
1994 with regard to the import into the Community of certain activated powdered 
carbons from the P.R. China, following a complaint lodged by the Council of 
European Chemical Industries (CEFIC), allegedly representing a major proportion 
of Community production. 
The complaint contained evidence of significant dumping on the basis of a 
comparison between export prices to the Community and domestic prices in the 
USA, which was claimed to be the most appropriate analogue country. 
With regard to injury, the market share of the Chinese product was alleged to have 
risen from 13.8% in 1989 to 17.6% in 1992. The complaint further alleged 
substantial undercutting and decreasing Chinese prices. Considerable losses on the 
part of the Community producers were also expected. 
3.2.9 Portland cernent from the Czech Republic. Poland and Slovakia 
The notice of initiation of an regional anti-dumping proceeding was published on 
28 April 1994 following a complaint by the "Bundesverband der Deutschen 
Zementindustrie" (Federal Association of the German Cement Industry), on behalf 
of a major proportion German production of cement 
The proceeding was opened in respect of a regional market composed often 
German Lander, in accordance with Article 4(5) of Council Regulation (EC)No. 
2423/88. The Commission had received sufficient evidence that the producers 
within the region concerned sold all or almost all of their production in that market, 
the demand of which was not supplied to any substantial degree by producers 
located elsewhere in the Community, and that the imports from the countries 
concemed were concentrated in the allegedly affected market. 
3.2!l0 Grain-oriented electrical steel sheets from Russia 
The notice of initiation of an anti-dumping proceeding waas published on 20 Maay 
1994 with regard to imports into the Community of certain grain-oriented electrical 
steel sheets originating in Russia, subsequent to a complaint by EUROFER, 
allegedly acting on behalf of three Community producers representing about 70% 
of Community production. 
The products concerned are grain-oriented cold-rolled sheets and strips of silicon-
electrical steel with width of more than 500mm, which are used for 
electromagnetic appliances and installations. 
Since Russia is not a market-economy country, the complaint presented evidence of 
significant dumping based on a comparison between Russian export prices to the 
Commumty and the domestic prices in S. Korea, which was claimed to be the most 
appropriate analogue country. 
With regard to injury, it was alleged that the market share of the imports from 
Russia increased from 2.3% to 7.1% between 1991 and the first seven months of 
1993. The complaint also alleged price undercutting, price depression leading to a 
decline in Community production, significant loss of market share and reduced 
profitability or losses. 
The notice of initiation of an anti-dumping proceeding was published on 20 May 
1994, with regard to imports of coumarin from the People's Republic of China, 
subsequent to a complaint lodged by the European Chemical Industries Council 
(CEFIC) on behalf of Rhône Poulenc, the sole Community producer of coumarin. 
The complaint contained evidence of significant dumping on the basis of a 
comparison between Chinese export prices to the Community and domestic prices 
in the USA, which was claimed to be the most appropriate analogue country. 
With regard to injury, the market share of imports from China allegedly tripled 
between 1989 and 1992, when it reached 48%. Substantial price undercutting was 
alleged to have caused the Community producer to lose market share, to decrease 
its production and to incur financial losses. 
3.2.12 Hematite pig iron from the Czech Republic 
The notice of initiation of an anti-dumping proceeding with regard to imports of 
hematite pig-iron originating in the Czech Republic was published on 21 May 
1994, subsequent to a complaint lodged by EUROFONTES on behalf of producers 
representing nearly 100% of the production of hematite pig-iron in the Community. 
Hematite pig-iron serves mainly for the production of cast iron with flake graphite 
(grey cast iron) and is used in particular for high-quality machine and machine tool 
castings as well as for castings with thermal and/or chemical stress. 
The complaint contained evidence of significant dumping on the basis of a 
comparison of the domestic sales prices on the Czech market, duly adjusted, with 
the export prices as derived from Eurostat statistics. 
With regard to injury, it was claimed that the imports'in question increased from 
zero in 1991 to 4,316 tonnes and to 8,826 tonnes during the first seven months of 
1993. It was alleged that this led to an increase in market share from 0% in 1991 to 
0,5% in 1992 and to 2,4% during the first six months of 1993 and that in Germany 
alone the market share during the latter period reached 9,7%. It was furthermore 
alleged that the prices at which these imports were sold undercut those of the 
Community producers by 52 ECU/tonne or 28%. 
Following the acceptance of undertakings in the regional case concerning the U.K. 
(see section 5.1.1), the European Fertilizer Manufacturers' Association (EFMA) 
lodged a Community-wide complaint, and an investigation was opened on 9 June 
1994. 
The complaint alleged significant dumping margins for Russian and Lithuanian 
imports on the basis of a comparison between the export prices from those 
countries and domestic prices in Hungary. Further injury had allegedly been 
caused to the Community industry as a whole, following a rise in the market share 
of the imports in question to 10%. 
10 
3.2.14 Tapered roller bearings from Japan 
On 2 July 1994, the notice of initiation of an anti-dumping proceeding was 
published with regard to the imports into the Commumty of tapered roller bearings 
originating in Japan. The complaint had been lodged by the Federation of 
European Bearing Manufacturers' Associations (FEBMA), allegedly representing a 
major proportion of Community production. 
The allegation of substantial dumping contained in the complaint was based on a 
comparison between prices prevailing on the Japanese domestic market and export 
prices reconstructed on the basis of prices to the first independent buyer in the 
Community, in view of the fact that most importers were said to be related to the 
Japanese exporters. 
With regard to injury, the complainants claimed that the share of the Community 
market held by Japanese imports increased from 9.9% in 1989 to 11.5% in 1993 in 
a period of contracting demand. Furthermore, it was claimed that, for certain types 
of TRBs sold in high volumes, the Japanese market share reached more than 30%. 
It was, moreover, alleged that this was only made possible by the fact that the 
prices of the Japanese product apparently undercut those of the Community 
producers by 10-15%, and in selected cases by more than 50%. 
The consequent impact on the Community industry was claimed to be price 
depression of up to 10% from 1989 to 1993, and a reduction of the Community 
producers' market share over the same period. The cbmplainants further stated that 
this situation had seriously affected the profitability of the Community industry, 
which allegedly made substantial losses from 1992 to 1993. In addition, it was 
claimed that this precarious situation had led to a significant decrease in 
investments made by the Community industry since 1992, coupled with a reduction 
in employment. 
3.2.15 Polyester yarn (PTY1 from Indonesia. India and Thailand 
The notice of initiation of an anti-dumping proceeding was published on 29 July 
1994, with regard to imports of polyester yam originating in Indonesia, India and 
Thailand, following a complaint lodged by the International Rayon and Synthetic 
Fibres Committee (CIRFS) on behalf of producers allegedly representing a major 
proportion of the Community production. 
The product allegedly being dumped is polyester textured filament yarn (PTY), 
which is used in both the weaving and knitting sectors. 
11 
The complaint contained evidence of significant dumping based on a comparison 
between the domestic prices in Indonesia, India and Thailand and export prices to 
the Community. 
With regard to injury, it was claimed that the market share of imports originating in 
these three countries had risen from 1.9% in 1991 to 6% in 1993. Substantial price 
undercutting and price depression were also alleged, causing market losses for the 
Community producers as well as unfavourable financial results. Despite a 
considerable reduction of production capacity, the utilisation level in 1993 had not 
grown compared to 1991 when it was claimed to have been 77%, a rate considered 
insufficient for this capital intensive industry. 
The notice of initiation of an anti-dumping proceeding was published on 3 August 
1994, with regard to imports of polyester staple fibre originating in Belarus, 
subsequent to a complaint lodged by the International Rayon and Synthetic Fibres 
Committee (CIRFS) on behalf of producers allegedly representing over 95% of 
Community production. 
The product concemed is a raw material used in various stages of textile 
production, depending on the nature of the textile to be produced. Some 60% of 
the polyester fibres consumed in the Community is used for spinning yam to make 
fabric, mixed, where necessary, with other fibres such as wool or cotton. The 
remainder is used as padding for cushions, car seats, anoraks and the like, including 
other non-spun applications such as carpet manufacture. 
Since Belarus does not have a market economy, it was necessary to compare the 
export prices of the product originating in that country with prices or costs in a 
market economy country, in this case Poland. On this basis, the estimated dumping 
margins alleged were significant. 
With regard to injury, it was claimed that the market share of imports from Belarus 
rose from less than 0.1% in 1990 to almost 5% in 1993. It was furthermore alleged 
that the Community producers had been forced to depress their prices as a result of 
the pressure exerted by the allegedly dumped imports. Despite a considerable 
reduction of production capacity, the utilisation level in 1993 purportedly dropped 
to 69%, a rate considered to be insufficient for this capital intensive industry. 
12 
3.2.17 Advertising matches from Japan 
The notice of initiation of an anti-dumping proceeding was published on 4 August 
1994 with regard to imports into the Comunity of advertising matches originating 
in Japan. The complaint had been lodged by FEFA (the European Federation of 
Match Manufacturers) on behalf of producers allegedly representing a major 
proportion of total output in the Commumty. 
The advertising matches concerned are, in particular, book and box matches with a 
printed advertising logo which distinguishes them from other types of matches. 
The complaint contained evidence of significant dumping based on a comparison 
between the prices charged by Japanese producers on their own market and the 
prices of their exports to the Community. 
With regard to injury, the complaint alleged that, despite a 15% decrease of the 
total market for advertising matches in the Commumty between 1990 and 1993, the 
market share held by the Japanese imports increased from 31% in 1990 to 34% in 
1993. It was further alleged that the low prices at which these imports were sold on 
the Community market had continuously undercut the prices of the Community 
producers. For the period 1992-93, for example, the complainant had calculated 
average undercutting of about 35%. Moreover, it was claimed that the production 
capacity in the Community had had to be decreased, with the consequent loss of 
employment, and that substantial financial losses had been incurred by the 
Community industry since 1990. ' 
3.2.18 Microdisks (3.5") from Malaysia. Mexico and the U.S.A. 
The notice of initiation of an anti-dumping proceeding concerning imports of 
certain magnetic disks (3.5" microdisks) originating in Malaysia, Mexico and the 
USA was published on 2 September 1994. The complaint was lodged by the 
Committee of European Diskette Manufacturers (DISKMA), and is the third 
presented by the same complainant concerning this product. The first proceeding 
involved imports from Japan, Taiwan and the People's Republic of China, with the 
imposition of definitive duties in October 1993; the second concerned Hong Kong 
and the Republic of Korea, with definitive duties introduced in September 1994. 
The complaint contained evidence of significant dumping margins for the exporting 
countries named, based on a comparison of constructed normal values and 
constructed export prices for all three countries. Construction of normal values was 
alleged to be necessary for Mexico and the USA as the prices at which the majority 
13 
of 3.5" microdisks were sold domestically did not permit the recovery of costs, 
whilst for Malaysia, quantities sold domestically were insufficient for appropriate 
comparisons. Export prices had to be constructed, it was alleged, because most 
export sales in the Community involve parties related to the exporters concerned. 
As to injury, it was claimed that the share of the Community market represented by 
imports from Malaysia, Mexico and the USA rose from 33.8% in 1990 to 37.1% in 
1993, with imports in absolute terms rising from 153 million units to 293 million 
units over the same period. The complainant also alleged significant price 
undercutting by exporters in the three countries concerned, leading to price 
depression and a lack of profitability or substantial losses for the Community 
industry. 
14 
4. PROVISIONAL AND DEFINITIVE MEASURES 
4.1. PROVISIONAL MEASURES - OVERVIEW 
Provisional measures may be taken where the preliminary examination shows that 
dumping or a subsidy exists, that there is sufficient evidence of injury caused 
thereby, and that the interests of the Community call for intervention. Provisional 
duties have a normal period of validity of four months, which may, under certain 
circumstances, be extended for a further period of two months. 
Table 1 shows that 25 provisional duties were imposed in 1994, compared to 16 in 
1993 and 18 in 1992. These provisional measures cover a wide range of product 
types and origins. 
Details of the provisional duties imposed in 1994 are given in Annex B, whilst this 
section of the report gives a summary of each case where provisional duties were 
imposed in that year. 
4.2. DEFINITIVE MEASURES - 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 on a 
proposal submitted by the Commission after consultation of the Member States, by 
qualified majority before 10 March 1994 and simple majority subsequent to that 
date6. 
As shown in table 1, definitive duties were imposed during 1994 in 19 cases. This 
is much in line with the number of definitive duties imposed in previous years. A 
wide diversity of product sectors and origins are covered, details of which can be 
found in Annex C. The following section of this report gives a summary of each 
case where definitive duties were imposed during 1994. 
6 Council Reg. (EC) No. 522/94, OJ No. L 66,10.03.94, p. 10 
15 
4.3. CASES 
4.3.1. Hematite pie iron from Brazil. Poland. Russia and the Ukraine 
(Provisional and definitive measures) 
Provisional anti-dumping duties were imposed on imports of hematite pig-iron 
originating in Brazil, Poland, Russia and Ukraine on 15 January 1994. The original 
investigation had been initiated in September 1991 in respect of imports from the 
former Soviet Union and was extended to include imports originating in Brazil and 
Poland in December 1992. The complaint had been lodged by EUROFONTES on 
behalf of the Community producers of the product concerned. 
Brazil 
A weighted average dumping margin of 51,3% was established for the Brazilian 
companies. Twenty one Brazilian companies responded to the questionnaire sent 
by the Commission, of which seventeen showed exports to the Community during 
the investigation period. These 17 companies accounted for 76% of the relevant 
exports on the basis of Eurostat statistics. In order to facilitate the investigation the 
companies concerned agreed to a procedure, by which the existence of dumping 
would be established on the basis of the data supplied by six representative 
companies. 
Normal value was constructed value on the basis of the actual manufacturing costs 
in Brazil plus an amount for selling, general and administrative costs and a 
reasonable margin of profit. 
The export prices established were those actually paid or payable for the product 
sold for export to the Community, net of all taxes, discounts and rebates actually 
granted and directly related to the sales under consideration. 
The comparison of the normal value with the export prices on a transaction by 
transaction basis was made at an ex-factory level at the same level of trade. 
Adjustments to the export prices were made to take account of the costs incurred 
from ex-factory to FOB. 
Dumping margins of 31,53%, 34,65% and 50,2% respectively were established for 
the three Polish companies. 
Normal value was constructed on the basis of the actual manufacturing costs in 
Poland, determined by adding the cost of production, and an amount for selling, 
general and administrative costs and a reasonable margin of profit. 
16 
The export prices established were those actually paid or payable for the product 
sold for export to the Community, net of all taxes, discounts and rebates actually 
granted and directly related to the sales under consideration. 
The comparison of the export prices with the normal value was made on a 
transaction by transaction basis at an ex-factory level and at the same level of trade. 
Adjustments to the export prices were made to take account of the costs incurred 
from ex-factory level to the Polish frontier. 
The weighted average dumping margin established for both Russia and Ukraine 
was 104.51%. 
The Commission established that the imports of the product concemed from the 
former Soviet Union effectively came from Russia and Ukraine and, with the 
agreement of the complainants, limited the investigation to these two states. 
Russia and Ukraine being non-market economy countries, normal value was 
determined on the basis of sales or cost of production of like product in a market 
economy third country. 
In view of the comparability of Brazil to both Russia and Ukraine, with regard to 
access to and the availability of the major inputs for the production of pig-iron, i.e. 
iron ore and energy, the Commission considered it appropriate and not 
unreasonable to take Brazil as the market economy third country for the 
determination of the normal value of hematite pig-iron originating in Russia and 
Ukraine. 
Normal value of Russian and Ukrainian hematite pig-iron was therefore calculated 
as the weighted average of the Brazilian companies investigated during the 
proceeding. 
The export prices were established on the basis of Eurostat statistics. The statistical 
prices were lowered by the estimated costs for sea freight The comparison of the 
export prices with the normal value was made on a transaction by transaction basis 
at the same level of trade. 
With regard to injury, the Commission was of the opinion that for the 
determination of the impact on the Community industry, the cumulative impact of 
all the imports had to be taken into consideration. 
17 
The market share of the dumped imports increased from 30% in 1987 to 50,5% 
during the period of investigation despite the fact that consumption decreased. Hie 
imports of the product concerned from Brazil, Poland, Russia and Ukraine 
increased from 242.436 tonnes in 1987 to 414.041 tonnes during the investigation 
period, an increase of 70%. Sales by the Community industry decreased from 
506.707 tonnes in 1987 to 385.827 tonnes during the investigation period. The 
CIF Commumty frontier prices of the imports under consideration declined on a 
weighted average basis from 156.8 ECU/tonne in 1987 to 126.15 ECU/ tonne 
during the investigation period. A comparison of the prices of the dumped imports 
with those with those of the Community producers revealed price undercutting 
during the investigation period of 18.82 ECU/tonne or 12.9%. Losses by the 
Community industry improved from -10.98% in 1987 to -4.77% in 1989 and 
thereafter declined sharply to a level of-24.98% during the investigation period. 
The examination of injury revealed that the Community industry had suffered a 
significant loss of market share, the suppression of price increases to offset the rise 
in the cost of production, the deterioration of financial results and the closure of 
production facilities. Under these circumstances the Commission concluded that 
the Community industry had suffered material injury caused by the dumped 
imports from Brazil, Poland, Russia and Ukraine. 
The Commission examined whether the injury suffered by the Community industry 
could have been caused by factors other than the dumped imports. The' 
investigation revealed that imports from other third countries had had some effect 
on the situation of the Community industry during 1989 and 1990, but did not have 
any significant effect after that. 
Community Interest 
With regard'to Community interest, it was considered that the imposition of duties 
would have a minimal effect on the prices to end users of the product concerned, 
but that the absence of measures would lead to further erosion of Community 
production capacity, which would undoubtedly lead to higher costs for these end 
users. It was therefore considered in the Community interest to restore fair 
competition to the Community market and maintain a viable Community foundry 
industry. 
Measures 
The Commission considered that, in addition to restoring fair competition on the 
hematite pig-iron market, the measures should at the same time enable the 
exporting countries to secure a better return on their exports. It was considered that 
the introduction of a minimum price would be more appropriate to achieve these 
aims, and as the injury level established was lower that the dumping margins in all 
cases, it was considered that a minimum price of 149 ECU/tonne (CEF duty unpaid) 
would remove the injurious effects of dumping suffered by the Community 
industry. 
18 
At the definitive stage of the proceeding, the Committee of the European Foundry 
Associations together with the German and British Foundry associations, argued 
that the introduction of the provisional anti-dumping measures had increased the 
price of hematite pig-iron to such a level that the Community foundries would lose 
their competitive edge on the world market An examination of the facts revealed 
that the relatively high level of prices on the Community market was due to factors 
other than the measures provisionally! mposed, such as the increasing scarcity of 
scrap which is used in combination with, and partially as a substitute for, hematite 
pig iron. 
The provisional findings were thus confirmed at the definitive stage. 
4.3.2 Large aluminium electrolytic capacitors from S. Korea and Taiwan 
(Provisional and definitive measures) 
On 17 February 1994, a provisional anti-dumping duty was imposed on imports of 
LAEC's from S. Korea and Taiwan, following the imposition of a definitive anti­
dumping duty on imports of LAECs from Japan. 
Pumping. 
As far as S. Korea was concerned, due to the lack of cooperation and in view of the 
complete absence of information from any Korean producers on prices and costs on 
the domestic market, normal value was established on the basis of the best 
information available, in accordance with Article 7(7)(b) of the basic regulation, 
i.e. the complaint. With regard to Taiwan, normal value was established, for the 
sole company who cooperated, either on the basis of the price actually paid in the 
ordinary course of trade, or on the constructed value, for the models which were 
exported but not sold on the domestic market or sold at a loss. 
Export prices for S. Korea were also based on the best facts available (the 
complaint) in the complete absence of information from the producer/exporters in 
that country. For Taiwan, export prices were based on actual prices to independent 
importers in the Community. 
In order to make a fair comparison between the normal value and export prices, 
allowance was made for all factors affecting price comparability, such as transport, 
insurance, credit terms and indirect taxes. On this basis, dumping margins of 
70.6% and 75.8% were established for S. Korea and Taiwan respectively, with one 
exception for the Taiwanese cooperating company, for which the margin was 
10.7%. 
19 
Injury 
With regard to injury, it was found that the volume of the cumulated imports into 
the Community had increased by 91% betwween 1989 and 1992, whilst the market 
shares held by the two countries increased over the same period from 11.3% to 
16.3%. During that period, quantities sold by the Community industry dropped by 
21% and its market share fell from 29.4% to 17.6%. 
Import prices were found to have undercut prices charged by the Community 
producers by up to 54.2%, preventing the Community producers from increasing 
their prices, which in turn led to financial losses. 
As far as causation was concerned, it was established that the injury suffered by the 
Community industry coincided with the rapid increase of the dumped imports. 
With regard to other factors, it was concluded that the low-priced dumped imports 
from S. Korea and Taiwan, taken in isolation, had, through their increased market 
penetration and price undercutting, caused injury which had to be regarded as 
material. 
With regard to Community interest, it was considered that the adoption of measures 
aimed at re-establishing fair competitive conditions in the Community market and 
at eliminating the injurious effects of the dumped imports from S. Korea and 
Taiwan was in the interest of the Community. In addition, it was felt that not to 
take action against the Korean and Taiwanese imports of LAECs would 
discriminate against imports from Japan, weaken the effect of measures against 
Japanese imports and distort competition on the Community market 
Measures 
Since the level of injury found exceeded the dumping margin, the provisional duty 
was imposed at the level of the latter. For S. Korea, a provisional duty of 70.6% 
was imposed, whilst for Taiwan, the provisional duty was 75.8%, with one 
exception where the duty was 10.7%. 
This preliminary determination was confirmed at the definitive stage, and definitive 
duties at the rates given above were imposed on 13 June 1994. 
20 
4.3.3 Microdisks from Hong Kong and S. Korea 
(Provisional and definitive measures) 
On 12 March 1994, provisional anti-dumping duties were imposed on imports into 
the Community of 3.5" microdisks originating in Hong Kong and the Republic of 
Korea. The proceeding had been initiated on 18 September 1992, following a 
complaint lodged by the Committee of European Diskette Manufacturers 
(DISKMA). This was the second complaint involving 3.5" microdisks lodged by 
this complainant. The first, concerning imports from Japan, Taiwan and the 
People's Republic of China, had been initiated in July 1991, with the imposition of 
provisional duties in April 1993 and definitive duties in October 1993. 
Dumping 
Dumping margins ranged from 6.7% to 22.2% for cooperating producers in Hong 
Kong, while the corresponding margin for the sole cooperating producer in Korea 
was 8.2%. Consequently, the highest dumping margin alleged by the complainant, 
35.7%, was considered appropriate for provisional determination for non-
cooperating producers in Hong Kong. For non-cooperators in Korea, the dumping 
margin established for the sole cooperator, 8.2%, was considered appropriate. 
Normal values for Hong Kong producers were constructed on the basis of the 
verified costs of manufacture of the cooperating producers plus a reasonable 
amount for selling, general and administrative expenses and profit, as none of the 
companies concerned had sufficient sales on the Hong Kong market to permit 
proper comparisons. For the sole cooperating Korean producer, normal value was 
established on the basis of the price actually paid in the ordinary course of trade for 
domestic sales of 3.5" microdisks. 
Export prices for both countries, with the exception of one producer in Hong Kong, 
were, in general, established on the basis of the prices actually paid or payable for 
~~~ the products sold for export to unrelated parties in the Community. Where there 
were sales to related parties in the Community, as was the case with the 
cooperating Korean producer, export prices were constructed in accordance with 
Article 2(8)(b) of Regulation (EEC) No 2423/88 on the basis of the prices at which 
the imported microdisks were first resold to independent buyers in the Community. 
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, 
had shown positive development, due in large measure to the expansion of the 
market, 
21 
they remained below the levels necessary for the generation of profits adequate to 
finance the investments needed to allow the Community industry to keep pace with 
developments in a swiftly developing sector. Despite expanding consumption, for 
example, the Community industry's prices fell by around 30% between 1989 and 
mid-1992. 
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 duties at the level of the lower of the price 
undercutting margins or the dumping margins. For Hong Kong, provisional duties 
ranged from 6.7% to 25.7%; for the Republic of Korea the duty rate was 8.2%. At 
the definitive stage, these duties were adjusted only very slightly. For Hong Kong, 
duties ranged from 6.7% to 27.4%; for the Republic of Korea the duty rate was 
8.1%. The publication of definitive measures took place on 11 September 1994. 
4.3.4 Lalcium metal trom the r.iv. Linna ano Russia 
(Provisional and definitive measures) 
On 19 October 1994, the Council imposed definitive anti-dumping duties on 
imports of calcium metal originating in the People's Republic of China and 
Russia. 
The investigation had originally been initiated in January 1988 and led to the 
imposition of definitive duties in September 1989. These measures were 
subsequently declared void by the Court of Justice on the grounds that the 
institutions had failed to sufficiently examine the question of injury. The 
Commission resumed the investigation in November 1992, and provisional duties 
were imposed on 23 April 1994. 
The definitive dumping margins established for China and Russia were ECU 2202 
per tonne and ECU 2502 per tonne respectively. 
22 
The normal value was established on the basis of domestic prices in the United 
States of America as this was considered to be an appropriate analogue country. 
Export prices were based on the actual prices charged to an independent importer 
in the Community. 
In order to ensure a fair comparison between the normal value and the export 
prices, due allowance was made for factors affecting price comparability. 
Injury 
With regard to injury, the combined market share of imports from these two 
countries were found to have increased from 35.3% in 1989 to 52.8% in 1992, 
whilst the share of the Community producer fell from 50.2% in 1989 to 31.7% in 
1992. Moreover, the prices of these imports undercut the already depressed prices 
of the Community producer by up to 23.9%. The Community producer was 
forced to sell its product at prices which did not cover its production costs, 
incurring substantial financial losses. 
Community interest 
The investigation concluded that it was in the Community interest to restore fair 
competition on the Community market and to ensure that the Community 
producer of calcium metal could continue to operate. Moreover, despite the 
existence of only one producer of calcium metal in the Community, it was 
considered that competition would not be jeopardized given that other sources of 
supply would remain available, including imports from Russia and China at non-
dumped prices. 
Measures 
For both countries, the level of injury was less than the dumping found and, 
therefore, measures were calculated at the level of the former. Duties were 
imposed in the form of specific amounts. These duties were ECU 2074 per tonne 
for the Chinese imports and ECU 2120 per tonne for the Russian imports. 
23 
4.3.5 Watch movements from Malaysia and Thailand 
(Provisional measures) 
On 12 May 1994, provisional anti-dumping duties were imposed on imports into 
the Community of certain watch movements originating in Malaysia and Thailand. 
The investigation had been initiated on 6 July 1993 following a complaint lodged 
by France Ebauches SA, the sole Community producer of the products. 
Dmnping 
A dumping margin of 10.6% was established for the Thai exporter which 
cooperated in the investigation. For non-cooperating exporters, the margin was 
established on the basis of available evidence at a rate of 36.2%. The normal 
values were established on the basis of material and manufacturing costs for the 
products plus an amount for selling, general and administrative expenses and a 
reasonable profit 
Export prices were established on the basis of prices to independent importers in 
the Community. 
In order to ensure a fair comparison between normal value and export prices, 
allowance was made for factors affecting price comparability, including differences 
in physical characteristics and in selling expenses for which satisfactory evidence 
was submitted. 
Injury 
With regard to injury, it was found that imports from the countries concerned had 
increased their share of the Community market from 1.2% in 1990 to 11.8% during 
the period of investigation, while the prices of the imports had undercut those of the 
Community industry by up to 36.9%. The Community industry suffered price 
depression and loss of sales and market share which led to financial losses. 
Community interest 
With regard to Community interest, it was considered that it was clearly in the 
interest of the Community to remove the injury to the Community industry and to 
restore fair competition by the imposition of provisional anti-dumping measures. 
In this regard, it was noted that, given the large availability of this product from 
various sources, no adverse consequences on the competitive situation on the 
Community market was to be expected from the imposition of anti-dumping 
measures. 
24 
Measures 
Since the margins of dumping found were below the corresponding increases in 
export prices necessary to remove the injury, provisional duties should, therefore, 
correspond to the dumping margins established, i.e. 10.6% for the cooperating Thai 
exporter and 36.2% for other Thai exporters and all Malaysian exporters. In the 
absence of definitive measures, the provisional duties subsequently lapsed. 
4.3.6 Urea ammonium nitrate (U.A.N.) from Bulgaria and Poland 
(Provisional and definitive measures) 
On 30 June 1994, provisional anti-dumping duties were imposoed on imports of 
urea ammonium nitrate solution (UAN) originating in Bulgaria and Poland. The 
investigation had been initiated in May 1993 following a complaint by the European 
Fertilizer Manufacturers' Association. 
Dumping 
With regard to the determination of dumping and following the Commission's 
consistent practice, Poland was considered as a market economy country in the 
framework of this anti-dumping proceeding, whereas Bulgaria was considered as a 
non-market economy country. For Bulgaria, the Czech and Slovak Republics were 
selected as analogue countries. 
Normal value for Polaand was determined on the Polish producers' cost of 
manufacturing, plus an amount for selling, general and administrative costs and for 
profit, as the Polish producers had no domestic sales sof UAN. Normal value for 
Bulgaria waas determined on Czech and Slovak domestic sales prices for the 
product concerned. 
Export prices for both countries were based on actual prices to independent 
importers in the Community. 
On the basis of this approach, substantial dumping margins were determined for 
both exporting countries at the provisional stage, i.e. 33.3% for Bulgaria and 
between 33.8% and 40% for the two Polish producers. 
Injury 
With regard to injury, the investigation determined that the imports concerned had 
substantially increased, reaching a market share of 27% in 1992/1993, up from 16% 
in 1991. These imports were made at prices undercutting those of the Community 
industry by up to 10%. As a result, the financial situation of the Community 
industry, which followed the prices of the imports concerned in order to maintain its 
market position, deteriorated, leading to substantial financial losses in 1992/1993. 
25 
As far as Community interest was concerned, the Community's commitment to 
continuing to establish closer political and economic ties with the contries 
concerned had been stressed. At the same time, however, it was underlined that the 
behaviour of the economic operators in these countries should be in line with 
international agreements. As far as the situation on the Community market was 
concerned, it was considered to be in the interest of the Community to reestablish 
fair market conditions by means of the imposition of anti-dumping measures. That 
conclusion was reached, given the form of the measures. 
Provisional measures 
The measures took the form of a variable duty ensuring a reasonable return to the 
exporting countries concerned and a consolidation of the Community market, 
without unduly increasing the purchase price of the UAN-users in the Community. 
Definitive measures 
At the definitive stage, and on the basis of additional information submitted, the 
dumping margin of one Polish producer was found to be lower than that determined 
at the provisional stage. As a result the dumping margins were confirmed at 33.3% 
for Bulgaria and determined at between 27% and 40% for Poland. 
After the imposition of provisional measures, the Bulgarian exporter and producer 
offered a joint undertaking which the Commission considered to be acceptable as it 
ensured the removal of injury. 
With regard to Poland, no such undertakings were offered, and a definitive variable 
anti-dumping duty at the level of 89 ECU/tonne was imposed. 
4.3.7 Furazolidone from the P.R. China 
(Provisional and definitive measures) 
On 9 July 1994, provisional anti-dumping duties were imposed on imports into the 
Community of furazolidone originating in the People's Republic of China. The 
investigation had been initiated on 9 November 1993 following a complaint lodged 
by Orphahell BV, the sole Community producer of the product. 
26 
Dumping 
The dumping margin established for these imports from China was 93%. Tne 
normal value was established on the basis of constructed value in India, which was 
considered an appropriate analogue country. The constructed value was based on 
material and manufacturing costs for the product plus a reasonable amount for 
selling, general and administrative expenses and profit 
Export prices were established on the basis of prices to independent importers in 
the Community. 
In order to ensure a fair comparison between normal value and export prices, 
allowance was made for factors affecting price comparability, including differences 
in transport costs, insurance, payment terms and commission. 
Injury 
With regard to injury, it was found that Chinese imports had increased their market 
share of the Community market from 29.6% in 1990 to 63.6% during the period of 
investigation, while the prices of the imports had undercut those of the Community 
industry by 19%. 
The Community industry suffered price depression, loss of sales and market share, 
with resulting financial losses. 
> 
Community interest 
In considering the question of Commumty interest, it was considered that the short-
term price advantages gained 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 would be seriously threatened. It was concluded that it was in 
the interest of the Community to remove the injury suffered by the Community 
industry and to restore fair competition by the imposition of provisional anti­
dumping measures. 
Measures 
As the dumping margin found was greater than the level of injury caused by 
dumping, the provisional duty was set at the level of the injury margin, i.e. 70.6%. 
No new elements having come to light after the imposition of provisional measures, 
these were confirmed without modification by definitive duties, which were 
published on 5 November 1994. 
27 
(Provisional measures) 
Provisional anti-dumping duties were imposed on 21 July 1994 on imports into the 
Community of furfuraldehyde originating in the People's Republic of China. The 
investigation had been initiated on 31 July 1993, following a complaint lodged by 
Furfural Espanol S.A., the only producer of furfuraldehyde in the Community. 
Dumping 
The dumping margin calculated for these imports was 62.6%. The normal value 
was established on the basis of domestic sales 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, including indirect taxes, transport, insurance, credit costs, etc. 
With regard to injury, it was found that imports from the P.R. China increased their 
market share from 44% in 1988 to 46% during the investigation period, in a market 
which shrank by 37%. At the same time, the prices of these imports undercut those 
of the Community producer by 24%. 
The Commumty producer managed to maintain its market share of 18%by 
dropping its sales prices by 36% between 1991 and the investigation period. 
Consequently, as the market shrank, the complaint suffered a considerable decline 
in sales and production which, added to the price depression, resulted in 
considerable financial losses. 
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 price of furfuraldehyde on the price of the end 
product would be negligible. 
28 
Measures 
Since the dumping margin found exceeded the level of injury, the anti-dumping duty 
was based on the latter. A provisional anti-dumping duty of 352 ECU/tonne was 
therefore imposed on imports of furfuraldehyde from the People's Republic of 
China. 
43.9 Colour television receivers from Malaysia, the P.R. China. S. Korea. Singapore 
Thailand and Turkey 
(Provisional measures) 
On 1st October 1994, provisional duties were imposed on imports into the EU from 
the above-mentioned countries with the exception of Turkey. Tne proceeding had 
been initiated on 25 November 1992 after receipt of a complaint from SCAN, 
representing several large Community producers. 
The investigation was complicated by the large number of cooperating parties,in the 
EC and in the exporting countries, which involved 75 separate verification visits in 6 
Member States and 7 countries outside the EC. Additionally, the origin of the 
exported sets was specifically addressed in this proceeding, as the original complaint 
contained some evidence that sets originating in Japan and Hong Kong were also 
being dumped and causing injury. Furthermore, the investigation was also 
complicated by the fact that anti-dumping measures were already in place for small-
screen CTVs originating in S. Korea and the PR. China. 
Origin 
There were several cases where the origin of the CTVs was found to be different 
from that as declared to the Customs authorities on importation into the EC. This 
was especially true of Turkish exports, which were found to be mainly of either 
Korean or EC origin. Incorrect origin declarations were also found for a small 
proportion of some producers' sets in Malaysia, Singapore and Thailand, which 
were found to be of Korean, Japanese, Taiwanese or Malaysian origin. There were 
no sets found which originated in Hong Kong and only a very small number 
originating in Japan or Taiwan. As a result of the origin findings in Turkey, it was 
decided, provisionally, that anti-dumping measures were not appropriate in respect 
of that country. 
Dumping 
The dumping margins ranged from 12.4% to 33.5% for Malaysia, 14.7% to 33.6% 
for Thailand, 12.2% to 24.6% for Singapore, 16.8% to 18.8% for Korea and 28.8% 
for the P.R. China. 
29 
Because of the differing broadcasting and reception systems found not only 
amongst the exporting countries but also within the EC, as well as the very wide 
variety of differences and combination of features, the establishment of normal 
values was based on constructed values. This was because the prices charged on 
the domestic markets of each particular exporting country would have required 
numerous adjustments to be made to take account of all differences between the 
domestic and exported models. The method used to construct normal values was 
applied by taking the reported costs of manufacture of each particular model 
exported to the EC and adding the weighted average SG&A incurred on the 
domestic market and an amount for profit which corresponded to the average profit 
earned on sales of CTVs on the domestic market 
Export prices were constructed for some exports from Korea, Singapore and 
Thailand on the basis of the price at which they were first sold to an independent 
customer in the EC, as these exports had been imported by a related party and the 
CIF price invoiced was therefore deemed to be a transfer price. 
In order to achieve a fairly established basis for comparison between domestic and 
export prices, allowances were made, as appropriate, for all factors affecting price 
comparability, such as differences in conditions of sale (e.g. differing terms of 
credit, duty drawback claims on exported models, transport costs and other direct 
selling costs.) 
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 
approximately 4.8 million units. This surge in imports was reflected by a parallel 
increase in their market share, which increased from 9.9% in 1989 to 19.6%. Over 
the same period, sales by the Community industry fell by 6% in volume terms and 
their corresponding market share declined from 36% to 28%. 
Injury calculations were based on the weighted average margin of price 
undercutting found in six Member States, namely France, Germany, Greece, Italy, 
Spain and the U.K. 
The margins of price undercutting determined were between 7.5% and 23.4% for 
Malaysia, 3.2% and 29.9% for Thailand, 0% and 23.7% for Singapore, 38.6% and 
54% for S. Korea, and 62% for the P.R. China. 
It was found that the Community industry had suffered material injury with 
declines in production (down 10%), capacity utilization (down 12%), sales (down 
9%), market share (down 16%), prices (down 3%),employment (down 26%) and 
profits (losses amounting to 5%). The Commission found that, notwithstanding the 
fact 
30 
that other elements may have had a negative impact on the Community industry, 
dumped imports from the countries concerned (not including Turkey) had caused 
material injury to the Community industry. 
Community interest 
The Commission considered that the elimination of unfair trading practices, which 
is fundamentally in the general Community interest, would neither prevent 
producers in third countries or other established producers in the Community 
competing in the Community market nor, consequently, reduce diversity of supply. 
The anticipated remedial effects of the measures are expected to occur in terms of a 
change in the market shares held by the competing elements on the Community 
market. Any increase in prices should be limited, given the nature of the measures 
imposed and the numerous competitors in the Community market. 
Measures 
The Commission imposed duties at the lower of the price undercutting margins sor 
the dumping margins. The provisional duties ranged from 0% to 18.8% for South 
Korea, 7.$% to 23.4% for Malaysia, 0% to 23.6% for Singapore, 3.1% to 29.8% for 
Thailand, and 28.8% for the P.R. China. 
4.3.10 Ferro-silico-manganesefrom Russia, the Ukraine, Brazil and S, Africa 
(Provisional measures) 
» 
On 21 December 1994, provisional anti-dumping duties were imposed on imports 
of ferro-silico-manganese originating in Russia, Ukraine, Brazil and South Africa. 
Although Georgia was included in the investigation, no dumping calculation was 
made with regard to imports from this country given the conclusion that these 
imports were negligible. 
The normal value for Russia and the Ukraine was based on that calculated for 
Brazil, which was considered to be an appropriate analogue market. The normal 
value for the Brazilian producers was determined on a monthly basis in order to 
neutralize the effect of inflation. Recourse was had to domestic sales or to a 
constructed value when 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 
sales were made to related importers in the Community. 
In order to ensure a fair comparison, due adjustments were made with regard to 
differences in physical characteristics and selling expenses. 
31 
Injury 
With regard to injury, the investigation established that the market shares of the 
countries concerned (excluding Georgia) increased from 15.4% in 1989 to 29.7% in 
1993, whereas that of the Community producers dropped from 24.1% to 22.9% 
over the same period of time and in the context of increasing consumption. Price 
undercutting was found to be widespread, forcing the Community producers to 
reduce their prices by more than 40%. As a result, the Community industry 
suffered a commensurate loss in profitability, the financial results of all producers 
swinging from a reasonable profit in 1989 to heavy losses in the investigation 
period. 
Community interest 
The need to preserve the viability of the Community ferro-silico-manganese 
industry, the existence of which was jeopardized by the increasing penetration of 
the dumped imports, was considered to outweigh the reduced impact that the 
imposition of measures might have on the consumer industry, i.e. the steel 
producers. 
Provisional duties were imposed at the levels of the dumping margins, except for 
one South African producer whose injury threshold was lower than the dumping 
margin determined. The duties were 57.4% for Russia, 52.8% for the Ukraine, 
40.6% for Brazil and 45.3% - 55.8% for South Africa. No provisional duty was 
imposed on imports from Georgia. 
(Definitive measures) 
On 21 Janauary 1994, a definitive anti-dumping duty was imposed on imports into 
the Community of ethanolamines originating in the U.S.A. The investigation had 
been initiated on 8 August 1992 subsequent to a complaint lodged by the European 
Council of Chemical Industries (CEFIC), and provisional measures were imposed 
on 4 August 1993. 
Ethanolamines are chemical products derived from a reaction of ethylene oxide and 
aqueous ammonia, where the basic feed stock is crude oil. The main end uses are 
in the fields of surfactants (in detergents, personal care products, all purpose 
cleaners and wax formulations), gas purification, metals and textiles. 
32 
Dumping 
During the investigation, the Commission services met with the full cooperation of 
the 3 exporters in the United States and their related importers in the Community. 
The preliminary findings of dumping margins of between 62% and 91% were not 
contested. 
Normal value was established on the basis of domestic prices in the U.S., excluding 
loss-making sales and sales not made at arm's length. 
As all the export sales were made to importers related to the U.S. exporters, the 
export price was constructed on the basis of the price paid by the first independent 
buyer in the Community, adjusted by deducting the costs of the importer and an 
amount for profit, as well as costs normally incurred by importers which, in this 
case, were borne by companies outside the Community related to the exporter. 
Allowance was made for factors affecting comparabiltiy between normal value and 
export price, i.e. expenses regarding transport, handling, insurance, selling, etc. 
Injury 
The injury factors established by the Commission at the provisional stage were 
confirmed. The injury suffered by the Community industry was found to be due to 
persistent price undercutting by the exporters, whose prices decreased by 41% 
during the investigation period, leading to a decrease *in the market share held by 
the Community industry of 8%, in spite of an increase in consumption of 4% on the 
Community market During the same period, the market share of the imports was 
found to have increased by 18%. 
Community interest 
Taking account of the reactions received from industry and consumers, the 
conclusions reached at the provisional stage were confirmed. Giving the 
Community industry an opportunity to be profitable again, and reestablishing a 
healthy competitive balance should, in the long run, ensure fair prices on the 
Community market place. 
Measures 
The definitive measures taken by the Council were a confirmation of the measures 
at the provisional stage. A definitive measure in the form of a minimum import 
price of between 584 ECU/tonne and 652 ECU/tonne, depending on the type of 
ethanolamine, was imposed on imports of ethanolamine originating in the U.S.A. 
33 
4.3.12 Fluorspar from the P.R, China 
(Definitive measures) 
On 3 March 1994, the Council imposed a definitive anti-dumping duty on imports 
of fluorspar (presented in filter cake or in powder form), originating in the People's 
Republic of China. The duty is equal to the difference between a minimum price of 
ECU 113,50/tonne and the net, free at Community frontier price, before customs 
clearance. 
The imposition of the above measures was the result of an investigation carried out 
by the Commission which showed that: 
Dumping 
The dumping margin expressed as a percentage of the CIF value was equal to 
37.8%. In view of the fact that the People's Republic of China is not considered to 
be a market economy country, normal value was established on the basis of data 
supplied by a company located in a reference country, South Africa, in accordance 
with Article 2(5) of Council Regulation (EEC) No.2423/88. 
In view of the insufficient cooperation on the part of the Chinese exporters, the 
export prices had to be determined on the basis of the facts available, which in this 
case were the export prices given by EUROSTAT. 
Injury. 
It was found that the Community industry had suffered material injury within the 
meaning of Article 4(1) of the Basic Regulation. Indeed, the investigation showed 
that the Chinese market share had risen substantially, from 3% in 1988 to almost 
50% in 1991. The average export price of the dumped Chinese imports had, during 
the investigation period, undercut the weighted average sales price of the 
Community producers by up to 41%. 
During the same period, the sales of the Community industry decreased by about 
half, accompanied by a parallel decrease in market share from 73% in 1988 to 45% 
in 1991. In addition, the Community industry was found to have suffered 
considerable financial losses during the investigation period. No other factors were 
identified by the Commission as contributing to the material injury suffered by the 
Community industry. 
34 
Community interest 
Upon weighing up the various arguments, it was decided that the Community 
interest lay more in sustaining, in the long term, a viable fluorspar industry in order 
to avoid a situation where the end users in the Community would be completely 
dependent on imported supplies. 
4.3.13 Ferro-silicon from the P.R. China and S. Africa 
(Definitive measures) 
On 19 March 1994, definitive anti-dumping duties were imposed on imports into 
the Community of ferro-silicon originating in South Africa and the People's 
Republic of China. The investigation had been opened on 9 July 1992, subsequent 
to a complaint lodged by the Liaison Committee of Ferro-Alloys (CLIFA). 
Provisional duties had been imposed on 22 September 1993. 
Dumping 
For the purpose of definitive findings, calculations were made on the basis of the 
same methods used to establish the provisional findings. No new requests for 
adjustments were presented by the interested parties. 
For South Africa, the dumping margins ranged from 34.7% to 47.4%, whilst that 
established for China was 49.7%. 
Normal value for the South African companies was calculated on the basis of 
domestic prices, whilst that for China was established on the basis of constructed 
value in Norway, which was considered to be an appropriate analogue country. As 
far as export prices in respect of South Africa were concemed, these were based on 
the actual prices charged to independent importers in the Community. Where 
exports were made to related importers, export prices were constructed on the basis 
of adjusted resale prices to the first independent purchaser. With regard to China, 
which did not cooperate in the investigation, export prices were based upon the 
most reasonable information available, i.e. that contained in EUROSTAT. In order 
to ensure a fair comparison between normal value and export prices, allowances 
were made for factors affecting price comparability. 
Injury 
The provisional conclusions concerning injury were confirmed. The situation of 
the Community industry, which was found to have suffered falling sales, loss of 
market share and financial losses, meant that protection was required against 
dumped imports from the countries under investigation. The effects of these 
imports had to 
35 
be examined cumulatively, as the ferro-silicon exported from each of the countries 
concerned was alike in all respects to the product produced and sold on the 
Community market When assessing the injurious effects of these imports, account 
had also to be taken of the imports from other countries which were subject to a 
parallel review proceeding. 
It was confirmed that dumped imports from South Africa and China, taken in 
isolation, had to be considered as having had a substantial influence on the 
injurious situation of the Community industry. 
The Community industry had been affected by imports from other third countries, 
namely Norway, Sweden, Iceland, Kazakhstan, Russia, Brazil, Venezuela, Poland 
and Egypt which are subject to anti-dumping measures (suspended in the case of 
Norway and Sweden). All these countries would have been treated in a 
discriminatory manner and the effectiveness of the measures in force undermined 
had no measures been taken in respect of South Africa and China. 
As to the.interests of the end users of ferro-silicon, their short-term price 
advantages had to be viewed against the background of the longer term effect of not 
restoring fair competition to the detriment of the consumers. 
Measures 
For both countries, the level of injury established was higher than the dumping 
margins found. The definitive duties were therefore based on the latter, i.e. 49.7% 
for the People's Republic of China and 47.4% for South Africa. 
4.3.14 Isobutanol from Russia 
(Definitive measures) 
On 31 March 1994, the Council imposed a definitive anti-dumping duty on 
imports into the Community of isobutanol originating in Russia. The investigation 
had been initiated in September 1992, and a provisional anti-dumping duty 
imposed on 2 October 1993. 
A dumping margin of 46.1% was established for the Russian exporteras. Normal 
valaue was based on domestic prices in the U.S.A., which was considered to be an 
appropriate analogue country. 
In view of the lack of cooperation by the Russian exporters, the export price was 
based on the information provided by two importers who did cooperate in the 
36 
investigation, and whose imports accounted for 26% of Russian exports to the 
Community. As one of the importers was related to an exporter, its CIF import 
price was reconstructed by deducting from the resale price to the first independent 
buyer, all its costs and an appropriate amount for profit 
In order to make a fair comparison between normal value and export price, 
allowances were made for the difference in physical characteristics and for the 
selling expenses affecting price comparability. 
Injury 
With regard to injury, it was found that the Russian imports had increased their 
market share from 13% in 1988 to 29% during the investigation period, in a market 
which shrank by 27%. Even though the Community industry reduced its sales 
prices by 31% between 1990 and the investigation period, it was found that the 
imports from Russia still continued to undercut the price of the Community product 
by 12% during the investigation period. The Community industry experienced a 
considerable drop in sales and production and incurred heavy financial losses. It 
was found that these increasing losses coincided with the rise in the level of cheap 
imports of isobutanol from Russia. 
Community interest 
With regard to Community interest, it was considered that measures were necessary 
in order to preserve a Community presence in this sector, where considerable 
investments had recently been made with a view to rationalizing production. 
Furthermore, it was estimated that the effect on the prices of the end products as a 
consequence of an anti-dumping duty would be extremely moderate. 
Measures 
As the level of injury found exceeded the dumping margin, the duty was therefore 
based on the latter. The definitive duty took the form of a fixed amount of 102 
ECT/tonne. 
4.3.15 Television camera systems from Japan 
(Definitive measures) 
On 29 April 1994, definitive anti-dumping duties were imposed on imports into the 
Community of television camera systems originating in Japan. The investigation 
had been initiated on 10 March 1993, following a complaint lodged by the 
Committee acting on behalf of all EC producers of television cameras. Provisional 
duties were imposed on 29 October 1993. 
37 
The normal value was based on Japanese domestic prices. Export prices had to be 
constructed on the basis of the price paid by the first independent buyer, since the 
products were sold into the Community through related importers. Adjustments 
were therefore made for all costs incurred between importation and resale, and for a 
profit margin of 5%. 
The dumping margins, as finally established, ranged from 52.7% to 82.9%. A 
dumping margin of 96.8% was calculated for all non-cooperating exporters. 
Injury 
Even against the background of a shrinking market, the Japanese exporters were 
able to increase their market share from 52% in 1989 to 70% during the 
investigation period, which correlated exactly to the market share lost by the 
Community producers. The undercutting margins, as finally established, varied 
between 21% and 60%, depending on the exporter concerned. Community 
production and sales, as well as capacity utilization, were found to be continuously 
decreasing, whilst stocks, on the other hand, were increasing. As all relevant 
economic indicators were negative, it could clearly be deducted that the 
Commumty industry was suffering material injury because of the dumped Japanese 
imports. 
v^viiuiiunivy interest 
In determining whether it was in the interest of the Community that measures be 
taken, the Council took account of the interests of the Community producers of 
televison camera systems as well as of the interests of the users in the Community. 
The Council concluded that commercial defence measures were required which 
would safeguard a variety of sources of supply in the Community, and should have 
positive long-term effects with regard to the number of competitors and 
consequently on consumer prices. 
Measures 
As it was established that the injury level exceeded the dumping margins, the 
defintive duties were based on the latter, the rate being 96.8% of the net, free-at-
Community-frontier price, except for the companies Ikegami (82.9%), Sony 
(62.6%) and Hitachi (52.7%). 
38 
5. ACCEPTANCE OF UNDERTAKINGS 
5.1 OVERVIEW 
Where it appears warranted, for example in regional investigations covering only 
part of the Community, and where it is felt that such a measure can be effectively 
monitored, an investigation may be concluded by the acceptance of undertakings. 
In 1994, two investigations were concluded solely by the acceptance of 
undertakings, without a residual duty being imposed. References are given in 
Annex D, whilst a summary is given below. 
5.1.1. Ammonium nitrate fertilizer from Russia and Lithuania 
This proceeding, which concerned only the U.K. market, was initiated in November 
1992, following a complaint from the Fertilizer Manufacturers' Association of the 
U.K. The investigation was initially opened in respect of imports not only from 
Russia and Lithuania, but also from Belarus, Georgia, Turkmenistan, the Ukraine 
and Uzbekistan. However, the proceedings concerning the latter five countries 
were terminated once it was established that they had not exported ammonium 
nitrate fertilizer to the U.K. 
Russia and Lithuania being state-trading countries, normal value was based on a 
reference country, which in this case was Hungary. Dumping margins of 40.6% 
and 34.4% were established for Russia and Lithuania respectively. The export 
price with regard to these two countries was based on the price paid to the exporters 
for the product sold for export to the U.K. 
Injury 
As regards injury, it was established that the dumped imports had increased their 
market share from 0.1% to 16.5% between 1989 and the investigation period, 
whilst the share of the U.K. producers fell from 76% to 60%. The dumped imports 
were also found to have undercut the price of the U.K. product by between 13.4% 
and 18.1%. The U.K. producers' financial situation slumped from a healthy profit 
to a loss of 1.7% on turnover during the investigation period. It was concluded that 
the dumped imports had caused material injury to the U.K. industry. 
39 
Since this was a regional case, the Commission was obliged to give the exporters 
the opportunity to offer undertakings. The Lithuanian exporter (Jonava Azotas, 
now Achema), and the Russian Ministry of Foreign Economic Relations each 
offered to limit their exports to the U.K. to 100.000 tonnes per year. The combined 
figure of 200.000 tonnes represented a reduction of 40% over the 1992 export 
figure, and the undertakings were thus considered as being sufficient to remove 
injury. The Commission Decision accepting undertakings was published on 21 
May 1994. 
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 1994,8 
investigations were concluded without measures, 5 of which due to findings of no 
dumping, one due to a finding of no injury, one due to lack of cooperation from the 
Community industry and another where it was considered that the imposition of 
measures would not be in the Community interest. The number of closures in 
relation to the number of investigations concluded has remained relatively steady 
over the last five years, at the level of about one-third. The references for the 
investigations terminated without measures are given in Annexes E, F and G, 
whilst a concise commentary on these cases is given below. 
6.2. CASES 
6.2.1. Ammonium nitrate fertilizer from Belarus. Georgia. Turkmenistan. Ukraine and 
Uzbekistan 
On 21 May 1994, the Commission terminated the regional anti-dumping 
proceedings with regard to imports into the U.K. of ammonium nitrate fertilizer 
from the five countries mentioned above. The dumping investigation had, indeed, 
shown that no imports of the product concerned were found to originate in any of 
these five countries during the investigation period. No dumping calculation could 
therefore be made. 
6.2.2. Antimony trioxide from the P.R. China 
On 9 July 1994, the Commission terminated the anti-dumping proceeding with 
regard to imports into the Community of antimony trioxide originating in the P.R. 
China. The proceeding had been initiated in March 1992 following a complaint by 
the Council of European Chemical Industries (CEFIC), on behalf of all Community 
producers of antimony trioxide. 
40 
Dumping 
As the P.R. China is a non-market economy country, normal value had to be 
calculated in an analogue country. In view of the absence of cooperation of 
producers in S. Korea, Thailand, Bolivia and Brazil, the U.S.A. was selected as the 
country of reference. This choice was considered suitable in view of the healthy 
competitive atmosphere prevailing on the U.S. market Normal value was based on 
the weighted average ex-works price of the cooperating producer's domestic sales 
to independent customers during the investigation period. As there was also an 
absence of cooperation in this area, the export price had to be based on the facts 
awailable, in this case data provided by EUROSTAT. A dumping margin of 
43.2% was established. 
Injury 
It was found that the volume and market share had increased, and that the prices of 
Chinese antimony trioxide had declined considerably, undercutting those of the 
Community producers by 32.5% during the investigation period. However, though 
the Community producers experienced slight declines in production, capacity 
utilization, sales and market share, it was found that they had achieved relatively 
high profits up to and including the investigation period, despite the presence of 
dumped Chinese imports. This lead the Commission to conclude that the 
Community industry had not suffered material injury within the meaning of Article 
4(1) of the basic regulation. 
« 
The Commission thereupon examined whether there was a threat of material injury 
to the Community industry. It was found that there was no substantive evidence to 
suggest that a significant increase in Chinese antimony trioxide intended for export 
was likely in the near future. Furthermore, given the level of profit during the 
investigation period, and taking into consideration the various indicators of the 
Community industry's performance, the Commission considered it unlikely that the 
situation would develop into imminent material injury. In consequence, the 
adoption of anti-dumping measures was deemed not be justified. 
6.2.3. Qum rosin from the F.R. China 
On 10 January 1995 the Commission terminated the anti-dumping proceeding on 
imports of gum rosin originating in China, which was initiated on 1 August 1992, 
as it was found that protective measures were not appropriate. 
Since the People's Republic of China is a non-market economy country, normal 
value had to be determined on the basis of information obtained in a market 
economy third country. After examination of a suggestion made by the 
complainant, the Commission concluded that Brazil was an appropriate and 
reasonable choice. 
41 
Normal value was established on the basis of the weighted average net selling price 
for the like product sold by a representative Brazilian producer for consumption in 
Brazil. Export prices were calculated on the basis of the actual price paid or 
payable by independent importers for the product sold for export to the 
Community. 
Normal value was compared with the export prices on a transaction by transaction 
basis at the same level of trade. This comparison showed a dumping margin of 
17.4%. 
Injury 
Although the Community market had expanded by 24% over the last four years, 
which should have allowed the Commumty industry to benefit from increased 
sales, leading to reduced costs and increased profits, its situation, on the contrary, 
deteriorated. Production and sales fell, capacity utilization declined, and market 
share was lost to the Chinese exporters, all of which resulted in financial losses. 
The Commission found that the fall in market share and sales volume by the 
Community industry and the deterioration of its financial results leading to losses, 
coincided with the significant increase in the volume of imports of Chinese gum 
rosin and the low price of these imports. 
» 
When carrying out the consultations provided for under Article 6 of Regulation 
(EEC) No 2423/88, the Commission received representations from a large majority 
of Member States claiming that it was not in the interests of the Community to 
impose anti-dumping measures in the present case. 
These representations pointed out, in particular, that the negative effects of anti­
dumping measures on the users of gum rosin would be overwhelmingly 
disproportionate to the benefits arising from anti-dumping measures in favour of 
the Community industry. 
In addition, it was argued that the imposition of anti-dumping measures would not 
be adequate to remove the injury, since it would provoke a significant increase in 
the price of gum rosin and result in a quick penetration of the Community market 
by substitute products. 
In the light of the above, the Commission concluded that protective measures 
would not be appropriate and that it would not be in the Community interest to 
continue the proceeding. 
42 
6.2.4 Hand-knitting yarn from Turkey 
On 24 February 1994, the Commission terminated the anti-dumping proceeding in 
respect of imports into the Community of synthetic fibre hand-knitting yam 
originating in Turkey. 
The proceeding had been initiated in August 1993 following a complaint lodged by 
the Committee of the Wool Textile Industry in the EC, allegedly representing a 
major proportion of the Community production of the product concerned. The 
complaint contained evidence of dumping and injury sufficient to justify the 
initiation of a proceeding. 
Several Community producers and exporters in Turkey requested and were granted 
an extension of the time limit for replies to the Commission's questionnaires. 
However, the majority of the producers did not reply to the questionnaire or supply 
the information requested by the Commission within the extended time limits." The 
Commission therefore considered that the Community producers who had 
submitted information to the Commission did not constitute a major proportion of 
the total Community production of the product concerned. 
The Committee of the Wool and Textile Industry of the EC was informed of the 
Commsision's reasons for terminating the proceeding, and did not comment. 
43 
7. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS - REVIEWS 
7.1. OVERVIEW 
Anti-dumping or countervailing duties measures including price undertakings may 
be subject, under the basic legislation, to 4 types of review during their lifetime : 
- Article 15 provides for the expiry of anti-dumping measures after 5 years unless 
a "sunset" review demonstrates that they should remain in force ; 
- Article 14 provides for the review of measures during their validity period on 
the initiative of the Commission, at the request of a Member State or, once they 
have been in force for 12 months, following a request from an interested party; 
- A specific type of review carried out under Article 14 is a "newcomer" review. 
Such reviews may be requested by exporters who become subject to measures but 
who did not export during the original investigation, and who have subsequently 
commenced exporting or have the firm intention of doing so. These reviews are 
carried out without any time restrictions; 
- Article 13.11 also provides for the review of anti-dumping duties where 
evidence is presented that the duty is being absorbed by the exporter, thus 
effectively reducing the export price and increasing the dumping margin. 
» 
The above-mentioned reviews are now a major part of the work of the 
Commission's Anti-Dumping Unit In the period from 1990 - 1994, as well as in 
the single year 1994, review investigations represented just under 40% of all 
investigations opened. 
Between 1990 and 1994, a total of 108 review investigations were initiated, 34 of 
which were under article 15,69 under article 14, of which 14 were "newcomer" 
reviews, and 4 were under article 13.11. In approximately half of the cases 
initiated under article 15, the measures were allowed to expire following the 
review, whilst for the other half, measures were continued, mainly in amended 
form. 
In 1994, a total of 17 reviews were initiated, 4 of which were under article 15,11 
under article 14 (including one "newcomer" review), and 2 under article 13.11. 
Details of the review investigations opened and of the results of review 
investigations concluded in 1994 can be found in Annexes J - N. 
In addition, Table 4 provides statistical information for the period 1990 to 1994. 
44 
TABLE 4 
Reviews of Anti-dumping and anti-subsidv investigations 
during the period 1 January 1990 - 31 December 1994 
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 
in 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 1990 
15 
26 
41 
6 
2 
— 
1 
— 
6 
5 
— 
20 
21 
1 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 
45 
7.1.1. ARTICLE 15 REVIEWS 
Since article 15 of the basic legislation came into force in 1985, a total of 240 
measures have been allowed to expire automatically. 
In 1994,18 measures were allowed to expire automatically under Article 15, 
though no reviews carried out under Article 15 led to the measures being allowed to 
expire. In five cases, measures were continued in an amended form. The 
references for these measures are set out in Annexes J, K and O. 
7.1.2. ARTICLE 14 REVIEWS 
Since 1990, a total of 69 reviews have been initiated under Article 14. Following 
review, 26 measures were repealed and 42 measures were allowed to continue, 
mainly in amended form. 
In 1994,11 reviews were initiated under Article 14. During 1994, and following 
reviews, 2 measures were allowed to expire and 6 were allowed to continue in 
amended form. 
7.1.3 "NEWCOMER" REVIEWS 
Newcomer reviews are a relatively common feature in the administration of the 
anti-dumping instrument. Such reviews are carried out for the benefit of new 
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. 
Since the Commission carried out the first review of this type in 1990,14 
investigations have been initiated, one of which was in 1994. Also in 1994, one 
measure was amended as a result of a "newcomer" review. 
7.1.4. ARTICLE 13(11) REVIEWS 
The possibility for these article 13(11) 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 in 1988. 
Since then, four such reviews were initiated in 1991, though two of these were 
subsequently extended to full reviews under article 14, and two further article 
13(11) reviews were initiated in 1994. These concerned electronic weighing scales 
from Japan and Singapore respectively, and the references can be found in Annex J. 
46 
»• MONITORING OF UNDERTAKINGS 
Most undertakings take the form of price undertakings, but some quantitative 
undertakings are also in force. 
The monitoring of undertakings starts 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 maay be requested if necessary. 
Regular inspections are made at the premises of the companies concerned to ensure 
compliance with the terms of the undertakings. 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 
10(6) of the basic regulation, impose duties on the product after having given interested 
parties an opportunity to comment. 
Two provisional duties were thus imposed during 1994 in accordance with article 10(6). 
In one of these two cases, the provisional duty was confirmed by the imposition of a 
definitive measure. References may be found in Annexes L and M. 
9. 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 on the goods concerned. 
In 1994, four decisions were rendered with regard to requests for refund. In one case 
concerning the import of polyester yarns originating in Indonesia7, a full refund of anti­
dumping duties paid was granted, whilst in the other cases concerning the import of 3.5" 
microdisks from the P.R. China8 and the import of compact disc players from Japan9, 
partial refunds were granted to the tune of 27% and 16% respectively of the value used by 
the relevant authorities for calculating the amounts of anti-dumping duties. In the 
remaining case, concerning certain ball bearings from Thailand10, the refund requests 
lodged by four importers were rejected. 
7 OJ No. L 59,03.03.94, p. 19 
8 OJ No. L 304, 29.11.94, p. 38 
9 OJ No. L 378, 31.12.94, p. 74 
10 OJL 371, 31.12.94, p. 10 
47 
10. COURT OF JUSTICE/COURT OF FIRST INSTANCE 
10.1. OVERVIEW 
A list of the anti-dumping and anti-subsidy cases before the Court of Justice and the 
Court of First Instance, is given in Annex P. It gives the cases which were still 
pending at the beginning of 1994, in addition to the three new cases brought during 
the year. A judgement was rendered in only one case, a summary of which is given 
below. 
10.2. COURT OF FIRST INSTANCE 
As reported in the 12th Annual Report, the Council, by decision 
93/350/ECSC;EEC;EURATOM of 8 June 1993, enlarged the jurisdiction of the 
Court of First Instance by giving it jurisdiction to hear and determine at first 
instance all actions brought by legal and natural persons. The entry into force of 
that decision in respect of anti-dumping cases was deferred. 
By a subsequent decision 94/149/ECSC;EC of 8 March 1994, the Council fixed the 
entry into force of the above-mentioned decision with regard to antidumping cases 
at 15 March 1994, specifying that all actions brought by any natural or legal person 
in anti-dumping cases after that date had to be lodged before the Court of First 
Instance. Furthermore, cases already pending at the Court of Justice for which a 
preparatory report had not yet been drawn up were transferred to the Court of First 
Instance on 15 March 1994. 
10.3. NEW CASES 
The three new cases brought during the year concerned: the reconstruction of 
export prices to the first independent buyer11, inclusion in a review investigation of 
an exporter found not to be dumping during the original reference period12, and the 
failure to grant individual treatment13. 
10.4. JUDGEMENTS RENDERED 
The Court of Justice delivered a judgement in 1994 in the following case: 
11 Case 6/94 (T-171/94), OJNo. C 43, 12.02.94, p. 9 
12 Case 88/94 (T-172/94), OJ No. C 120, 30.04.94, p. 14 
13 Case T-155/94, OJ No. C 161, 11.06.94, p. 12 
48 
10.4.1. Disposable lighters : judgement of 7 July 199414 
- Case 75/92, Gao Yao (Hong Kong) Hua Fa Industrial Co. Ltd. v. Council 
The application was lodged by the sales office in Hong Kong of a Chinese company, 
Gao Yao Hua Fa Industrial of Guandong, a producer of non-refillable disposable 
gas lighters subject, by Regulation (EC)No. 3433/9115, to an anti-dumping duty of 
16.9%. 
The applicant had argued before the imposition of duties that, as Gao Yao China 
could not be regarded as an exporter because all the lighters manufactured in China 
and sold by Gao Yao Hong Kong were exported from Hong Kong, a country with a 
market economy. The normal value should therefore have been calculated on the 
basis of the comparable price actually paid for a like product on the domestic market 
of the country of export, namely Hong Kong. 
The Council, and the Commission and the European Federation of Lighter 
Manufacturers, as interveners, challenged the admissibility of the application. 
The Court dismissed the application as inadmissible. It held that the applicant was 
not concerned by the preliminary measures, it being a company established in Hong 
Kong on which anti-dumping duties were not imposed by the Community and which 
was not the target of the investigation. 
Moreover, the Court noted that, according to its own statements, the applicant had 
intervened merely as a conduit in Hong Kong set up to facilitate correspondence 
between the Commission and Gao Yao China, and had replied to the Commission's 
questionnaire as a representative thereof. This had not meant that Gao Yao Hong 
Kong, as an office for transmitting documents, was accepted by the Commission as 
an interlocutor in respect of the subject-matter of the investigation. 
The applicant was ordered to pay the costs, including those of the interveners. 
10.5. CASES PENDING 
At the end of 1994, thirteen cases were still pending on the register of the Court of 
First Instance. These cases can be identified in Annex P. 
Thus, twelve cases which had been brought before the Court of Justice in anti­
dumping matters were transferred to the Court of First Instance. These cases can 
also be identified in Annex P. 
14 Case 75/92, OJ No. C 233, 20.08.94, p. 5 
15 OJL 326, 28.11.91, p. 1 
49 
11. GATT ISSUES 
11.1 IMPLEMENTATION QF 1994 ANTI-DUMPING AGREEMENT 
The Agreement contains new and detailed rules on almost every aspect of anti­
dumping. The transposition of these rules into Community law was done by 
Council Regulation (EC)No. 3283/94 on 22 December 1994»*. Whilst most of this 
new basic anti-dumping regulation corresponds to the WTO Anti-Dumping 
Agreement, additional provisions have been introduced in particular as regards 
retroactivity (article 10), absorption (article 12), circumvention (article 13) and 
Community interest (article 21), on which the Agreement is silent or imprecise. 
In conformity with the 1994 Agreement, the new basic Regulation sets tougher 
standards for the imposition of anti-dumping measures with its new and detailed 
rules on the calculation of dumping, its increased procedural requirements for 
initiation and subsequent investigation, and its restrictions on the imposition of 
provisional duties. 
The new rules on retroactivity, absorption and circumvention are to ensure a 
more effective enforcement of anti-dumping measures. This is a desirable and 
legitimate objective recognized, as regards anti-circumvention measures, in a 
Ministerial Declaration on the occasion of the formal adoption of the WTO 
agreements (Marrakech, 15.4.1994). 
• The provisions on retroactivity should, for the first time, permit effective 
action against a surge in imports just prior to the imposition of provisional 
measures which has the effect of postponing the remedial effects of any 
measure. 
• The new anti-absorption rules should provide for a swift (within 6 months) 
action against exporters who absorb the cost of the duty (i.e. pay the duty for 
the importer), and thus nullify its effect. 
• The new rules destined to combat circumvention cover all types of activity, the 
objective of which is to circumvent anti-dumping measures, whether carried out 
within the Community or in a third country. This includes practices such as 
simple assembly (when more than 60% of parts originate in exporting country), 
sudden switches in origin, or slight alterations of the products imported. The 
new provisions direct the Community institutions to act quickly (within a 
maximum of 9 months) and allow, through a system of registrations of imports, 
for retroactive action. On the other hand, imports are exempted from 
registration or anti-circumvention measures where it is certified that they do not 
constitute circumvention. 
16 OJL 349, 31.12.1994, p. 1 
50 
The new provisions on Community interest give clearer parameters and provide 
for a much more structured framework for the assessment of this important point by 
the Community institutions. The position of parties to an anti-dumping procedure 
has been strengthened in this respect, and users and consumers of the product under 
investigation have been given procedural rights equivalent to those of domestic 
producers. 
11.2. IMPLEMENTATION QF THE 1994 ANTI-SUBSIDIES AGREEMENT 
For the first time, the Community's countervailing duty legislation is laid down in a 
regulation which is separate from anti-dumping legislation. This new regulation17 
faithfully reflects the provisions of the WTO Subsidies Agreement, and combines 
them with the Community's improved procedural rules governing such things as 
time limits and decision making, most of which are common to both countervailing 
duty and anti-dumping legislation. 
The main features of the countervailing duty regulation may be summarized thus: 
(a) Subsidies - definition, status and calculation (Articles 2 to 4) 
• The regulation reproduces the Subsidies Agreement definition of a 
subsidy i.e. a financial contribution by public authorities and benefit to 
enterprises which is derived from such a contribution. 
• Having established this, the regulation lays down that all subsidies, as 
so defined, are countervailable, unless tney are non-specific or covered 
by the "green list" in Article 8 of the Subsidies Agreement (i.e. research 
and development, regional and environmental aid within strict limits). 
This approach ensures that any subsidy with significant trade effects 
can be subject to countervailing measures. 
• The provision on calculation of the amount of a countervailable subsidy 
espouses the principle of "benefit to the recipient", which is more in 
line with the methodology employed in state aid cases in the 
Community, and is permitted by Article 14 of the Subsidies 
Agreements. 
(b) Initiation of proceedings and investigation process (Articles 7-8) 
• Article 7 lays out in some detail the information to be provided by the 
Community industry in a complaint and defines the representativity of 
the complaining industry. In effect, the complainant must account for at 
least 25% of Community production of the like product and a majority 
of the production by those producers expressing either support or 
opposition to the complaint. 
• Article 8 sets out clear rules of procedure for investigations. It should 
be noted that the Government of the exporting country has full 
participatory rights in a countervailing duty investigation, must be 
offered consultations prior to initiation and afforded an opportunity to 
continue them during the investigation. 
17 Council Reg. (EC)No. 3284/94, OJ No. L 349, 31.12.94, p. 22 
51 
(c) Retroactivity, circumvention. Community interest 
• With regard to these areas, the changes are the same as those which 
have been made in the anti-dumping regulation. 
(d) Termination - de minimis thresholds (Article 11) 
• With regard to cases involving developing countries only, imports are 
defined as negligible if they represent less than 4% of total imports into 
the Community unless the cumulative volume from a number of 
countries amounts to more than 9%. Similarly, developing countries 
benefit from more generous de-minimis subsidy thresholds of 2 or 3% 
ad-valorem. 
(e) Relationship between countervailing duty measures and multilateral remedies 
(Article 23) 
A provision has been inserted to permit withdrawal of countervailing duties 
in cases in which a multilateral subsidy action has been carried out (Panel) 
and measures other than countervailing duties have been taken as a 
consequence of such action (since countervailing duty investigations and 
GATT Panels can be carried out in parallel, but only one type of remedy is 
allowed under the Subsidies Agreement). 
11.3. IMPLEMENTATION BY THIRD COUNTRIES 
> 
11.3.1 U.S.A. 
The bill implementing the new Anti-Dumping Code reflects the changes which are 
necessary because of new rules in the Code. It is the assessment of the 
Commission that the U.S. have not made an attempt to change the results of the 
negotiations in this area through the implementing legislation. 
During the discussions of the draft Bill, which took place in Congress before its 
formal introduction, a number of issues were raised by interested groups, which in 
the Commission's view, would have lead to a more protectionist U.S. anti-dumping 
law. The Commission closely monitored the subsequent discussions and, where 
necesssary, explained its position and concerns at different levels, including to the 
Commissioner to the U.S. administration and Congress. It would appear that the 
final Bill largely took account of these comments. Some issues, for example those 
of duty as a cost and compensation for petitioners, have more or less disappeared; 
for others, such as captive production, sunset reviews and fair comparison, GATT-
compatible solutions have been found. Although the detailed technical provisions 
may not be identical with those of the Community, the draft Bill did not, in our 
view, violate obligations under the new Anti-Dumping Code. 
52 
This being said, it should be borne in mind with regard to procedural aspects that, 
although all changes in the new Code œnœming rules of procedure have been 
incorporated into the implementing Bill, much will depend on how the new law is 
applied in practice. This is particularly true with regard to the questions of the 
amount of information requested from exporters, and the readiness of the 
Adminsitration to use "best information available". 
Finally, the U.S. law will remain less liberal than that of the Community, because it 
does not contain two elements which are optional under the Code, i.e. the lesser 
duty rule, which allows a duty to be imposed which is lower than the dumping 
margin found in cases where this is sufficient to remove the injury caused, and the 
public interest test, which enables the authority to abstain from taking measures 
where this is not in the overall interest of the importing country. The U.S., 
throughout the Uruguay Round negotiations, refused to adoped these two rules, and 
it therefore comes as no surprise that they are not part of the implementing 
legislation. 
11.4 ANTI-SUBSIDY INVESTIGATIONS OF THIRD COUNTRIES CONCERNING 
IMPORTS FROM E.U. MEMBER STATES 
114.1 Australia 
(i) Canned tomatoes 
In October 1994, Australia imposed anti-dumping and countervailing duties 
on imports of canned tomatoes from Italy. It decided to levy a countervailing 
duty on top of the anti-dumping duty in order to offset Community's export 
refunds. The Commission argued that this approach constitutes double-
counting and that, in the circumstances of the case, only one duty could be 
imposed. Bilateral consultations with Australia on this matter will be held 
under the GATT Subsidies Code in February 199518. 
(ii) Brandy 
In January 1995, Australia decided to maintain countervailing duty measures 
on bulk brandy from France. 
11.4.2 Brazil 
(i) Wheat 
In May 1994, Brazil notified the Commission of an impending anti-subsidy 
case concerning wheat from Germany. Brazil offered the Commission 
consultations prior to the opening, under Article 3.1 of the 1979 GATT 
Subsidies Code, and these took place in Brasilia on 22 July 1994, since when 
no investigation has been opened. 
18 This case does not yet fall within the scope of application of the WTO Subsidies Agreement. 
53 
(ii) Milk powder 
In January 1994, a GATT panel established under the 1979 Subsidies Code 
decided that Brazil's imposition of provisional and definitive countervailing 
duties on imports of milk powder from the EC was not in conformity with the 
provisions of the Code. The panel report was adopted in April 1994, and in 
August 1994 Brazil revoked the countervailing duties. 
11.4.3 Argentina 
(i) Canned peaches 
The countervailing duties imposed by Argentina on canned peaches from 
Greece expired in November 1994. A new investigation concerning canned 
peaches in syrup from the EC was opened in January 1995. 
(ii) Olive oil 
In December 1993, Argentina received a CVD complaint from its domestic 
industry concerning imports of olive oil from the EC. Consultations were 
held in January 1994. The Commission expressed concern about the apparent 
lack of evidence of injury in the complaint. 
In September 1994, Argentina opened an investigation. The Commission sent 
a reply to Argentina's questionnaire, emphasising in particular the 35% fall in 
the level of export refunds between 1990 and 1993. The investigation 
continues. 
11.4.4 Mexico. 
(i) Beef 
In June 1994, Mexico imposed a countervailing duty of 45.74% on imports of 
frozen beef from the EC. Mexico's decision appeared weak as regards injury, 
and contained very little evidence on causality. Consultations under the EC-
Mexico Agreement were held in September 1994. 
The Commission was not satisfied with Mexico's explanations during these 
consultations, and will take up matter once more in a further round of 
consultations in January 1995. 
54 
(ii) Pork 
In November 1994, Mexico opened an anti-subsidy investigation concerning 
imports of certain pork products from Denmark. The Commission reacted 
immediately to this case, which was based on an alleged threat of injury, 
because the initiation of the proceeding did not seem to be justified. 
In these circumstances, the Commission replied to Mexico's questionnaire, 
and requested consultations under the EC-Mexico Agreement. These will be 
held in Mexico City on 12 January 1995. 
11.4.5 Venezuela 
In May 1994, Venezuela imposed definitive countervailing duties on blue, semi­
hard and hard cheese imported from the Community. 
11.4.6 ten 
In April 1994, Peru terminated, without the imposition of measures, an anti-subsidy 
investigation concerning imports of milk powder and certain milk fat from the 
EC, USA, Canada and New Zealand. 
11.4.7 Jamaica 
In June 1994, Jamaica opened an anti-subsidy investigation concerning imports of 
skimmed milk powder from the Netherlands, Belgium, the UK, Ireland and 
France, as well as Switzerland, Austria and USA. The Commission made a 
submission to Jamaica, pointing out that EC exports to Jamaica had fallen by 81% 
between 1991-1993, and that this factor, combined with the steady decline in 
export refund levels, would seem to preclude any injury being caused to Jamaican 
industry. The matter is still under investigation. 
11.4.8 Canada 
In October 1994, Canada opened a "sunset" review of countervailing duties on 
imports of canned ham from Denmark and the Netherlands and canned pork-
based luncheon meat from the EU. 
In November 1994, the Commission sent a submission to the Canadian 
International Trade Tribunal, putting the accent on a 50% reduction in export 
refunds in the last two years. This case is still being considered. 
55 
11.4.9 Bfiliyja 
In November 1994, Bolivia opened an anti-subsidy investigation concerning 
imports of wheat from Germany and Denmark. In reply, the Commission provided 
some general information and statistics, but pointed out that the complaint 
appeared to contain no evidence of injury, and therefore requested consultations to 
clarify the matter. 
11.4.10 United States 
(i) On 6 July 1994, the US Department of Commerce (DOC) initiated an 
administrative review investigation of the countervailing duty order on 
certain hot rolled lead and bismuth carbon steel products from the United 
Kingdom. Community assistance programs were also investigated and thé 
Commission reply was verified. 
(ii) On 20 July 1994,the US DOC initiated a countervailing duty investigation in 
respect of certain oil country tubular goods from Italy. Some Community 
programmes were also investigated. On 23 November 1994, the DOC 
imposed provisional duties of 1.42%. 
(iii) On 20 July 1994, the US DOC initiated also a countervailing duty 
investigation into seamless pipes from Italy. Some Community programmes 
were, again investigated. On 18 November 1994, the DOC imposed 
provisional duties of 1.42%. 
11.5. DISPUTE SETTLEMENT PROCEEDINGS 
11-5.1 Panel proceedings in which the Community is involved 
• "Lead and bismuth steel bars" panel 
In October 1994 this panel produced its long-expected report, which dealt in great 
detail with the claims made by the Community in respect of the US countervailing 
duties imposed on these products 
The panel agreed with the Community that the US, in many of its findings, had 
acted in violation of its obligations under the 1979 GATT Subsidies Code. It also 
considered that a number of the US determinations were not adequately motivated. 
56 
This panel report will be discussed in a future meeting of the GATT Subsidies 
Committee. 
• "Flat-rolled steel products" - panel 
The Community had asked for a second steel panel in respect of the US 
countervailing duties imposed on flat-rolled steel products. The proceedings of the 
Panel were suspended in December 1994. 
• Audio-cassettes panel 
Japan had requested the constitution of a panel in respect of anti-dumping duties 
imposed by the Community on imports of audio cassettes from Japan. Most issues 
before the panel are related to the injury and causality findings. 
The report by the panel is expected in 1995. 
• Cotton yarn - panel 
Brazil had requested the constitution of a panel in respect of anti-dumping duties 
imposed by the Community on cotton yarn imports from Brazil. Brazil contested 
the Community's findings as to the calculation of the dumping margin in situations 
of hyper-inflation in the exporting country, as well as with regard to injury to the 
domestic industry. 
» 
The panel's work is in process and a report is not expected before mid 1995. 
11.6 ANTI-SUBSIDY INVESTIGATIONS CARRIED OUT BY THE COMMISSION 
11.6.1. Ball bearings from Thailand 
In September 1994, a review of the countervailing measures concerning imports of 
ball bearings from Thailand was completed. The Thai exporters and the Royal Thai 
Government had alleged that the subsidies granted to them were no longer 
countervailable since they were contingent upon export performance. However, the 
Commission concluded that although a specific export requirement had been 
eliminated from the Certificates of Promotion on the basis of which the exporters 
obtained benefits, they were still bound by the general 80% export requirement 
contained in Thailand's investment promotion legislation. Therefore, the benefit of 
the subsidies was still contingent upon export performance. However, it was 
established that the value of the subsidy had fallen from 0.91 to 0.72 Thai baht per 
piece, and a modified undertaking from the Royal Thai Government, reducing its 
export tax on direct imports from 0.91 to 0.72 baht, was accepted by the 
Commission. The Council correspondingly reduced the countervailing duty on ' 
indirect imports from 6.7 to 5.3 %. References can be found in Annex K. 
57 
12. PERSONNEL AND ADMINISTRATION 
The introduction of statutory time limits for anti-dumping and anti-subsidy 
investigations, provided for in Council Regulations (EC)No. 521/9419 and (EC)No. 
522/9420, requires a substantial increase in staff. This need was recognized by the 
Council in December 1993 when the principle of accelerating trade instrument 
procedures was agreed. 
In 1994, ten new officials joined the anti-dumping/anti-subsidy services, bringing the 
total staff at the end of the year to 130, including external personnel. 
In addition, and thanks to the support of the European Parliament, the Commission 
obtained in the 1995 budget the reinforcement of the anti-dumping/anti-subsidy services 
to the tune of 59 permanent posts, four of which would be allocated to the translation 
services. The recruitment of new officials will begin in 1995, and is expected to carry on 
throughout the year. This constitutes the first tranche of the total staff increase necessary 
to achieve the full effect of the accelerating of procedures, the second being envisaged in 
the framework of the Commission's 1996 budget. 
This significant, increase in the staff of the anti-dumping/anti-subsidy services will be 
accompanied by a restructuring of the services with a view to the entry into force 
(probably 1st September 1995) of the legal time limits. The only way to keep the 
deadlines will be to split the investigations, with dumping and injury investigations being 
carried out separately and in parallel. The future organisation of the anti-dumping/anti-
subsidy activity has to be adapted accordingly. 
19 OJ L 66, 10.03.94, p. 7 
20 OJ L 66, 10.03.94, p. 10 
58 
LIST OF ANNEXES 
A. Anti-dumping and anti-subsidy investigations initiated during the period 1 January to 
31 December 1994 
B. Provisional duties imposed during anti-dumping and anti-subsidy investigations 
during the period 1 January to 31 December 1994 
C. Investigations concluded by the imposition of definitive duties during the period 1 
January to 31 December 1994 
D. Investigations concluded by the acceptance of undertakings during the period 1 
January to 31 December 1994 
E. Investigations concluded on a finding of no dumping during the period 1 January to 
31 December 1994 
F. Investigations concluded on a finding of no injury during the period 1 January to 31 
December 1994 
G. Investigations concluded for other reasons during the period 1 January 1990 to 31 
December 1994 
H. Investigations initiated by country of export during the period 1 January 1990 to 31 
December 1994 
I. Investigations initiated by product sector during the period 1 January 1990 to 31 
December 1994 
J. Reviews of anti-dumping and anti-subsidy investigations opened during the period 1 
January to 31 December 1994 
K. Reviews of anti-dumping and anti-subsidy measures concluded by the amendment 
of definitive duties during the period 1 January to 31 December 1994 
L. 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 to 31 
December 1994 
M. Provisional duties imposed during review investigations during the period 1 January 
to 31 December 1994 
N. Reviews of anti-dumping and anti-subsidy measures concluded by the repeal pr 
expiry of definitive duties price during the period 1 January to 31 December 1994 
O. Anti-dumping and anti-subsidy measures which expired during the period 1 January 
to 31 December 1994 
P. Anti-dumping and anti-subsidy cases before the European Court of Justice in 1994 
Q. Anti-dumping measures in force as at 31.12.94 
6S 
ANNEX A 
ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product 
Unwrought magnesium 
Unwrought magnesium 
Unwrought magnesium 
Cotton fabric 
Cotton fabric 
Cotton fabric 
Cotton fabric 
Cotton fabric 
Synthetic staple fibre fabric 
Synthetic staple fibre fabric 
Synthetic staple fibre fabric 
Synthetic staple fibre fabric 
Bed linen 
Bed linen 
Bed linen 
Bed linen 
Bicycles 
Bicycles 
Bicycles 
Pipe or tube fittings 
Pipe or tube fittings 
Pipe or tube fittings Country of 
origin 
Kazakhstan 
Russia 
Ukraine 
P.R. China 
India 
Indonesia 
Pakistan 
Turkey 
India 
Indonesia 
Pakistan 
Thailand 
India 
Pakistan 
Thailand 
Turkey 
Indonesia 
Malaysia 
Thailand 
P.R. China 
Croatia 
Slovakia OJ reference 
C11,15.01.94, p. 4 
C11,15.01.94, p. 4 
C11, 15.01.94, p. 4 
C 17, 20.01.94, p. 3 
C 17, 20.01.94, p. 3 
C 17, 20.01.94, p. 3 
C 17, 20.01.94, p. 3 
C 17, 20.01.94, p. 3 
C 17, 20.01.94, p. 4 
C 17, 20.01.94, p. 4 
C 17, 20.01.94, p. 4 
C17, 20.01.94, p. 4 
C 21, 25.01.94, p. 8 
C 21, 25.01.94, p. 8 
C 21, 25.01.94, p. 8 
C 21, 25.01.94, p. 8 
C 35, 03.02.94; p. 3 
C 35, 03.02.94; p. 3 
C 35, 03.02.94; p. 3 
C 35, 03.02.94, p. 4 
C 35, 03.02.94, p. 4 
C 35, 03.02.94, p. 4 
£o 
ANNEX A (continued^ 
ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS INITIATED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product 
Pipe or tube fittings 
Pipe or tube fittings 
Persulphates 
Activated powdered carbons 
Portland Cement1? 
Portland Cement1) 
Portland Cement1) 
Grain-oriented electrical 
steel sheets 
Coumarin 
Pig-iron (haematite) 
Ammonium nitrate fertilizer 
Ammonium nitrate fertilizer 
Tapered roller bearings 
Polyester yam (PTY) 
Polyester yam (PTY) 
Polyester yam (PTY) 
Polyester staple fibre 
Advertising matches 
Microdisks (3.5") 
Microdisks (3.5M) 
Microdisks (3.5H) Country of 
origin 
Taiwan 
Thailand 
P.R. China 
P.R. China 
Poland 
Czech Republic 
Slovak Republic 
Russia 
P.R. China 
Czech Republic 
Lithuania 
Russia 
Japan 
Indonesia 
India 
Thailand 
Belarus 
Japan 
Malaysia 
Mexico 
USA OJ reference 
C 35, 03.02.94, p. 4 
C 35, 03.02.94, p. 4 
C 64, 02.03.94, p. 4 
C 64, 02.03.94, p. 5 
C117, 28.04.94, p. 3 
C117, 28.04.94, p. 3 
C117, 28.04.94, p. 3 
C138, 20.05.94, p. 8 
C138, 20.05.94, p. 9 
C139, 21.05.94, p. 7 
C158, 09.06.94, p. 3 
C158, 09.06.94, p. 3 
C181, 02.07.94, p 7 
C209, 29.07.94, p. 2 
C209, 29.07.94, p. 2 
C209, 29.07.94, p. 2 
C212, 03.08.94, p. 5 
C214, 04.08.94, p. 9 
C246, 02.09.94, p. 4 
C246, 02.09.94, p. 4 
C246, 02.09.94, p. 4 
1 Regional investigation covering part of the German market 
U 
ANNEX B 
PROVISIONAL DUTIES IMPOSED DURING ANTI-DUMPING AND 
ANTI-SUBSIDY INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY- 31 DECEMBER 1994 
Product 
Haematite pig 
iron 
Haematite pig 
iron 
Haematite pig 
iron 
Haematite pig 
iron Country of 
origin 
Brazil 
Poland 
Russia 
Ukraine Document 
Com.Dec. 
67/94/ECSC 
12.01.94 
Com.Dec. 
67/94/ECSC 
12.01.94 
Com.Dec. 
67/94/ECSC 
12.01.94 
Com.Dec. 
67/94/ECSC 
12.01.94 OJ reference 
L12.115.01.94 
p. 5 
L12.115.01.94 
p. 5 
L12.115.01.94 
p. 5 
L12.115.01.94 
p. 5 
Electrolytic 
capacitors 
Electrolytic 
capacitors S. Korea 
Taiwan Com.Reg. 
(EC) No. 371/94 
17.02.94 
Com.Reg. 
(EC) No. 371/94 
17.02.94 L48.19.02.94 
p. 10 
L48.19.02.94 
p. 10 
Microdisks 
Microdisks Hong Kong 
S. Korea Com.Reg. 
(EC) No. 534/94 
09.03.94 
Com.Reg. 
(EC) No. 534/94 
09.03.94 L68, 11.03.94 
p. 5 
L68, 11.03.94 
p. 5 
Calcium Metal 
Calcium Metal P.R. China 
Russia Com.Reg. 
(EC) No. 892/94 
21.04.94 
Com.Reg. 
(EC) No. 892/94 
21.04.94 L104, 23.04.94 
P. 5 
L104, 23.04.94 
p. 5 
Watch movements Malaysia 
Watch movements Thailand Com.Reg. 
(EC) No. 1076/94 
06.05.94 
Com.Reg. 
(EC) No. 1076/94 
06.05.94 L120.06.05.94 
p. 3 
L120.06.05.94 
p. 3 
Urea ammonium 
nitrate (UAN) Bulgaria Com.Reg. 
(EC) No. 1506/94 
27.06.94 L162, 30.06.94 
p. 8 
te 
ANNEX B (continued) 
PROVISIONAL DUTIES IMPOSED DURING ANTI-DUMPING AND 
ANTI-SUBSIDY INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product 
Urea ammonium 
nitrate (UAN) 
Furazolidone 
Furfuraldehyde 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Colour television 
receivers 
Ferro-Silico-
manganese 
Ferro-Silico-
manganese 
Ferro-Silico-
manganese 
Ferro-Silico-
manganese Country of 
origin 
Poland 
P.R. China 
P.R. China 
Malaysia 
P.R. China 
S. Korea 
Singapore 
Thailand 
Russia 
Ukraine 
Brazil 
S. Africa Document 
Com.Reg. 
(EC) No. 1506/94 
27.06.94 
Com.Reg. 
(EC) No. 1648/94 
06.07.94 
Com.Reg. 
(EC)No. 1783/94 
18.07.94 
Com.Reg. 
(EC) No. 2376/94 
27.09.94 
Com.Reg. 
(EC) No. 2376/94 
27.09.94 
Com.Reg. 
(EC) No. 2376/94 
27.09.94 
Com.Reg. 
(EC) No. 2376/94 
27.09.94 
Com.Reg. 
(EC) No. 2376/94 
27.09.94 
Com.Reg. 
(EC)No. 2376/94 
19.12.94 
Com.Reg. 
(EC)No. 2376/94 
19.12.94 
Com.Reg. 
(EC)No. 2376/94 
19.12.94 
Com.Reg. 
(EC)No. 2376/94 
19.12.94 OJ reference 
L162, 30.06.94 
p. 8 
L174.08.07.94 
p. 4 
L186.21.07.94 
p. 11 
L255.01.10.94 
p. 50 
L255.01.10.94 
p. 50 
L255.01.10.94 
p. 50 
L255.01.10.94 
p. 50 
L255.01.10.94 
p. 50 
L330.21.12.94 
p. 15 
L330.21.12.94 
p. 15 
L330.21.12.94 
p. 15 
L330.21.12.94 
p. 15 
IS 
ANNEX C 
INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY- 31 DECEMBER 1994 
Product Country of 
origin Document OJ reference 
Ethanolamines 
Flourspar 
Ferro-silicon 
Ferro-silicon 
Isobutanol 
Television camera 
systems 
Electrolytic 
capacitors 
Electrolytic 
capacitors 
Pig-iron (haematite) 
Pig-iron (haematite) 
Pig-iron (haematite) 
Pig-iron (haematite) 
Microdisks (3.5") U.S.A. 
P.R. China 
S. Africa 
P.R. China 
Russia 
Japan 
S. Korea 
Taiwan 
Brazil 
Poland 
Russia 
Ukraine 
Hong Kong Council Reg. 
(EC)No. 229/94 
01.02.94 
Council Reg. 
(EC) No. 486/94 
04.03.94 
Council Reg. 
(EC) No. 621/94 
17.03.94 
Council Reg. 
(EC) No. 621/94 
17.03.94 
Council Reg. 
(EC) No. 721/94 
31.03.94 
Council Reg. 
(EC) No.1015/94 
29.04.94 
Council Reg. 
(EC)No.1384/94 
14.05.93 . 
Council Reg. 
(EQNo.1384/94 
14.05.93 
Com.Dec. 
1751/94/ECSC 
15.07.94 
Com.Dec. 
1751/94/ECSC 
15.07.94 
Com.Dec. 
1751/94/ECSC 
15.07.94 
Com.Dec. 
1751/94/ECSC 
15.07.94 
Council Reg. 
(EC) No.2199/94 
09.09.94 OJL 28, 02.02.94 
p. 40 
OJL 62, 05.03.94 
P.1 
OJ L 77, 19.03.94 
p. 48 
OJ L 77, 19.03.94 
p. 48 
OJL 87, 31.03.94 
p. 3 
OJL 111, 30.04.94 
p. 106 
OJ L 152, 18.06.94 
P.1 
OJ L 152, 18.06.94 
P.1 
OJ L 182, 16.07.94 
p. 37 
OJ L 182, 16.07.94 
p. 37 
OJ L 182, 16.07.94 
p. 37 
OJ L 182, 16.07.94 
p. 37 
OJL 236, 10.09.94 
P. 2 
^i 
ANNEX C (continued) 
INVESTIGATIONS CONCLUDED BY THE IMPOSITION OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product 
Microdisks (3.5") 
Calcium metal 
Calcium metal 
Furazolidone 
Urea ammonium 
nitrate2 
Urea ammonium 
nitrate2) Country of 
origin 
S. Korea 
P.R. China 
Russia 
P.R. China 
Bulgaria 
Poland Document 
Council Reg. 
(EC) No.2199/94 
09.09.94 
Council Reg. 
(EC)No.2557/94 
19.10.94 
Council Reg. 
(EC)No.2557/94 
19.10.94 
Council Reg. 
(EC) No.2674/94 
31.10.94 
Council Reg. 
(EC) No.3319/94 
22.12.94 
Council Reg. 
(EC) No.3319/94 
22.12.94 OJ reference 
OJ L 236, 10.09.94 
P. 2 
OJL 270, 21.10.94 
p.27 
OJL 270, 21.10.94 
p.27 
OJL 285, 04.11.94, 
P-1 
OJL 350, 31.12.94, 
p.20 
OJL350, 31.12.94, 
p.20 
2 Includes acceptance of certain undertakings 
k 
ANNEX D 
INVESTIGATIONS CONCLUDED BY THE ACCEPTANCE OF UNDERTAKINGS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of 
origin Document OJ reference 
Ammonium nitrate 
fertilizer3 
Ammonium nitrate 
fertilizer3) Russia Com.Dec.94/293/EC 
13.04.94 
Lithuania Com.Dec.94/293/EC 
13.04.94 OJL 129, 21.05.94, 
p.24 
OJL 129, 21.05.94, 
p.24 
3 Regional measure covering the U.K. market 
U 
ANNEX E 
INVESTIGATIONS CONCLUDED ON A FINDING OF NO DUMPING 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of 
origin Document OJ reference 
Ammonium nitrate 
fertilizer 
Ammonium nitrate 
fertilizer 
Ammonium nitrate 
fertilizer 
Ammonium nitrate 
fertilizer 
Ammonium nitrate 
fertilizer Belarus Com.Dec.94/293/EC 
13.04.94 
Georgia Com.Dec.94/293/EC 
13.04.94 
Turkmenistan Com.Dec.94/293/EC 
13.04.94 
Ukraine Com.Dec.94/293/EC 
13.04.94 
Uzbekistan Com.Dec.94/293/EC 
13.04.94 OJL129, 21.05.94 
p.24 
OJ L129, 21.05.94 
p.24 
OJL129, 21.05.94 
p.24 
OJ L129, 21.05.94 
p.24 
OJ LT29, 21.05.94 
p.24 
fl 
ANNEX F 
INVESTIGATIONS CONCLUDED ON A FINDING OF NO INJURY 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of Document OJ reference 
origin 
Antimony trioxide. P.R.China Com.Dec.94/389/ÉC OJ L176,09.07.94 
06.06.94 p. 41 
éf 
ANNEX G 
INVESTIGATIONS CONCLUDED FOR OTHER REASONS 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of 
origin Document OJ reference 
Gum rosin P.R. China Com.Dec.94/82/EC 
10.01.94 OJL 41, 12.02.94 
p. 50 
Hand-knitting yam Turkey Com.Dec.94/120/EC 
26.02.94 OJ L 55, 26.02.94 
p. 58 
(S 
ANNEX H 
INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT 
DURING THE PERIOD 1 JANUARY 1990 - 31 DECEMBER 1994 
Country of origin 1990 1991 1992 1993 1994 
Albania 1 .... . 
Argentina 1 
Belarus - - 1 - 1 
Brazil 4-11-
Bulgaria 1 
China P.R. 4 4 8 4 5 
Croatia 1 
Czech Republic 1 - - 2 
Egypt 2 1---
Georgia --11-
Hong Kong 1 
Hungary 1 
India 4 - - - 4 
Indonesia 1 - - - * 4 
Japan 3 5-12 
Kazakhstan - - 1 - 1 
KoreaS. 5 13 2-
Lithuania 1 - 1 
Malaysia . 2 2 2 
Mexico 1 
Norway 1 
Pakistan - .... 3 
Poland - 2 1 1 1 
Romania 1 
Russia 3 1 3 
Singapore 3 
Slovakia 2 
South Africa --21-
Taiwan 12 111 
Thailand 2-125 
Trinidad & Tobago 1 
Tunisia 1 
Turkey 7 12 1 2 
Turkmenistan 1 
Ukraine - - 2 1 1 
USA 1-111 
USSR 2 1 
Uzbekistan 1 
Yugoslavia 3 1---
43 20 39 21 43 
ft 
ANNEX 
INVESTIGATIONS INITIATED BY PRODUCT SECTOR 
DURING THE PERIOD 1 JANUARY 1990 TO 31 DECEMBER 1994 
Product 1990 1991 1992 1993 1994 
Chemical and allied 8 4 10 5 3 
Textiles and allied 14 - - 1 17 
Wood and paper 1 
Electronics 1 5 13 7 3 
Other mechanical 6 4-24 
engineering 
Iron and Steel 9 6 3 - 7 
(EEC & ECSC) 
Other metals 3-553 
Other 2 - 8 16 
43 20 39 21 43 
V 
ANNEX J 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS OPENED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of 
origin OJ reference 
Polyester yam 
Electronic weighing scales 
Aspartame 
Electronic weighing scales 
Polyester yarn (POY/PTY) 
Polyester yam (POY/PTY) 
Ferro-silicon 
Monosodium glutamate 
Monosodium glutamate 
Monosodium glutamate 
Monosodium glutamate 
Video tapes in cassettes 
Video tapes in cassettes 
Outer rings of tapered 
roller bearings 
Ammonium nitrate 
fertilizer 
Ammonium nitrate 
fertilizer 
Ball bearings (mini)4 Indonesia 
Japan 
USA 
Singapore 
Taiwan 
Turkey 
Brazil 
Indonesia 
S. Korea 
Taiwan 
Thailand 
Hong Kong 
S. Korea 
Japan 
Lithuania 
Russia 
Thailand OJ C 74, 12.03.94, p. 3 
OJ C 74, 12.03.94, p. 4 
OJC 115, 26.04.94, p. 4 
OJC 129, 11.05.94, p. 6 
OJ C 164, 16.06.94, p. 4 
OJ C 164, 16.06.94, p. 4 
OJ C 165, 17.06.94, p. 13 
OJ C 187, 09.07.94, p. 13 
OJ C 187, 09.07.94, p. 13 
OJ C 187, 09.07.94, p. 13 
OJ C 187, 09.07.94, p. 13 
OJ C 260, 17.09.94, p. 10 
OJC260, 17.09.94, p. 10 
OJC 292, 20.10.94, p. 7 
OJC343, 06.12.94, p. 2 
OJ C 343, 06.12.94, p.2 
OJC 348, 09.12.94, p.2 
4 Countervailing review investigation 
U 
ANNEX K 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES 
CONCLUDED BY THE AMENDMENT OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product 
Potassium 
chloride 
Potassium 
chloride 
Potassium 
chloride 
Silicon carbide5 
Silicon carbide5) 
Silicon carbide5) 
Silicon carbide5) 
Cotton yam Country of 
origin 
Belarus 
Russia 
Ukraine 
P.R. China 
Poland 
Russia 
Ukraine 
Turkey 
Ball bearings (mini)6 Thailand 
Potassium 
permanganate P.R. China Document 
Council Reg. 
(EC) No. 643/94 
12.04.94 
Council Reg. 
(EC) No. 643/94 
12.04.94 
Council Reg. 
(EC) No. 643/94 
12.04.94 
Council Reg. 
(EC) No. 821/94 
12.04.94 
Council Reg. 
(EC) No. 821/94 
12.04.94 
Council Reg. 
(EC) No. 821/94 
12.04.94 
Council Reg. 
(EC) No. 821/94 
12.04.94 
Council Reg. 
(EC) No. 1828/94 
25.07.94 
Council Reg. 
(EC) No. 2271/94 
19.09.94 
Council Reg. 
(EC) No. 2819/94 
17.11.94 OJ reference 
OJ L 80, 24.03.94 
P.1 
OJ L 80, 24.03.94 
P.1 
OJ L 80, 24.03.94 
P-1 
OJL 94, 13.04.94 
p. 21 
OJL 94, 13.04.94 
p. 21 
OJL 94, 13.04.94 
p. 21 
OJL 94, 13.04.94 
p. 21 
OJ L191, 27.07.94 
p. 3 
OJ L247, 22.09.94, 
P-1 
OJ L298, 19.11.94, 
p. 32 
5 Includes acceptance of certain undertakings 
6 Definitive countervailing duty on indirect imports. Includes acceptance of undertakings on direct imports 
from Thailand. See 94/639/EC in L 247 of 22.09.94. 
13 
ANNEX L 
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 1994 
Product Country of Document OJ reference 
origin 
Artificial P.R. China Council Reg. OJ L 270, 21.10.94 
corondum (EC) No. 2556/94 p. 24 
19.10.94 
7* 
ANNEX M 
PROVISIONAL DUTIES IMPOSED DURING REVIEW INVESTIGATIONS 
DURING THE PERIOD 1 JANUARY- 31 DECEMBER 1994 
Product Country of Document OJ reference 
origin 
Artificial corundum7 P.R. China Com. Reg. L155,22.06.94 
(EC) No. 1418/94 
20.06.94 
Tungsten ores and(7) P.R.China Com.Reg. L 248,23.09.94 
concentrates, (EC) No. 2286/94 
tungstic oxide and 21.09.94 
acid, tungsten carbide 
and fused tungsten carbide 
' Provisional duty imposed as a result of withdrawal of undertaking 
is 
ANNEX N 
REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES CONCLUDED BY 
THE REPEAL OR EXPIRY OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of 
origin Document OJ reference 
Acrylic fibres Mexico Council Reg. 
(EC) No. 1318/94 
06.06.94 OJ L143, 09.06.94 
p.1. 
Polyester yarns India Council Reg. 
(EC) No. 3009/94 
08.12.94 OJL 320, 13.12.94 
P-1-
K 
ANNEX O 
ANT-DUMPING AND ANTI-SUBSIDY MEASURES WHICH EXPIRED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of 
origin Document OJ reference8 
Copper Sulphate9 
Copper Sulphate9) 
Paracetamol10 
Vidéocassette" 
recorders 
Vidéocassette11) 
recorders 
Urea12 
Urea12) 
Urea12) 
Urea12) 
Urea12) 
Light sodium13 
carbonate 
Light sodium13) 
carbonate 
Light sodium13) 
carbonate 
Polyester yarn14 
Certain flat-rolled15 
products of iron and 
steel Bulgaria duty 
ex-USSR duty 
P.R. China duty 
Japan duty 
Rep. of Korea duty 
U.S.A. 
Austria 
Hungary 
Kuwait 
Malaysia 
Bulgaria 
Poland 
Romania duty 
undertakings 
undertakings 
undertakings 
undertakings 
duty 
duty 
duty 
Rep. of Korea duty 
ex-Yugoslavia duty L 23, 27.01.89 
L 23, 27.01.89 
L 348, 17.12.88 
L 57, 28.02.89 
L 57, 28.02.89 
L 52, 24.02.89 
L 52, 24.02.89 
L 52, 24.02.89 
L 52, 24.02.89 
L 52, 24.02.89 
L 131, 13.05.89 
L 131, 13.05.89 
L 131, 13.05.89 
L 347, 16.12.88 
L 193, 08.07.89 
H The OJ reference is to the imposition of the measure 
9 Notice of expiry was published in OJ C 37,05.02.94 
10 Notice of expiry was published in OJ C 39. 09.02.94 
11 Notice of expiry was published in OJ C 48. 16.02.94 
12 Notice of expiry was published in OJ C 54. 22 02.94 
13 Notice of expiry was published in OJ C 121.03.05.94 
14 Notice of expiry was published in OJ C 165, 17.06.94 
15 Notice of expiry was publsihed in OJ C 178, 30.06.94. 
n 
ANNEX O (continued) 
ANT-DUMPING AND ANTI-SUBSIDY MEASURES WHICH EXPIRED 
DURING THE PERIOD 1 JANUARY - 31 DECEMBER 1994 
Product Country of Document OJ reference 
origin 
Urea16 Romania undertakings L 52,24.02.89 
Urea16) ex-Yugoslavia undertakings L 52,24.02.89 
Dicumyl peroxide17 Japan undertakings L 317,31.10.89 
16 Notice of expiry was published in Ql C 239. 27.08.94 
17 Notice of expiry was published in OJ C 292. 20.10.94 
W 
ANNEX P 
ANTI-DUMPING AND ANTI-SUBSIDY CASES BEFORE 
THE EUROPEAN COURT OF JUSTICE IN 1994 
Case 223/91 
Case 224/91 
Case 61/92 
Case 75/92 
Case 346/92 
Case 423/92 
Case 8/93 
Case 10/93 
Case 263/93 
Case 326/93 
Case C477/93 
Case 6/94 
Case C88/94 
Case T155/94 Ajinomoto Co. Inc. v. Council (T-159/94) 
The Nutrasweet Company v. Council (T-160/94) 
Sinochem Heilongjiang v. Council (T-161/94) 
Gao Yao (Hong Kong) Hua Fa Industrial Co. Ltd 
v. Council1 K 
NMB France Sari and others v. Commission (T-162/94) 
NTN Corporation v. Council (T-163/94) 
Ferchimex S.A. v. Council (T-164/94) 
Koyo Seiko v. Council (T-165/94) 
Koyo Seiko v. Council (T-166/94) 
Detlef Nolle v. Council and Commission (T-167/94) 
Shanghai Bicycle Corporation Group v. Council (T-170/94) 
Descom Scales Manufacturing v. Council (T-171/94) 
Rima v. Council (T-172/94) 
Climax Paper Converters Ltd v. Council 
N.B. The references in brackets refer to the new Court of First Instance registration number. 
18 Judgement rendered on 07.07.94 
7s 
ANNEX Q 
ANTI-DUMPING MEASURES IN FORCE AS AT 31.12.94 
Product Origin 
Ammonium nitrate Russia 
fertilizer Lithuania Measure Regulation/Dec. Publication 
undertakings Com.Dec. 
(UK reg.) 94/293/EC 
13.04.94 OJ L 129 
21.05.94,p.24 
Artificial 
corundum C.S.S.R. 
Hungary 
Poland 
Brazil 
Yugoslavia 
P.R. China 
Russia 
Ukraine undertakings Com.Dec. 91/512/EEC OJ L 275 
23.7.91 02.10.91,p.27 
duties Council Reg. OJ L 235 
(EEC)No.2552/93 18.09.93,p. 1 
13.09.93 
Asbestos cement 
pipes 
Aspartame Turkey 
Japan 
U.S.A. undertakings Com.Dec.91/392/EEC OJ L 209 
duties 21.06.91 
Council Reg. 
(EEC)1391/91 
27.5.91 31.7.91,p.37 
OJ L 134 
29.5.91,p. 1 
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. 
(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 
28.09.92 OJ L 286 
01.10.92, p.2 
Barium chloride P.R. China duties Council Reg. OJ L 60, 
(EEC)No.541/91 7.3.91,p.1 
4.3.91 
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 
Î0 
Car radios S. Korea duties Council Reg. OJ L 222 
(EEC)No.2306/92 07.08.1992,p.8 
04.08.92 
Container corner Austria undertakings 
fittings 13.06.92 
(suspended according to Council Regulation (EC)no. 5/94) Com.Dec.92/313/EEC OJ L 165 
19.6.92,p.37 
Cotton yarn 
Diesel engines Brazil 
Turkey 
Turkey 
Finland 
Sweden duties Council Reg. 
(EEC)No.738/92 
23.3.92 
duties Council Reg. 
(EC)No.3203/93 
22.11.93 
duties Council Reg. 
(EC)No.1828/94 
25.07.94 OJ L 82 
27.3.92,p.1 
OJ L 289 
24.11.93,p.1 
OJ L 182 
27.07.94,p.3 
undertakings Com.Dec.90/138/EEC OJ L 76 
16.03.90 
suspended according to Council Regulation (EC)no. 5/94) 
P.R. China duties Dihydrostrepto-
mycin 
D R A M's 
Electrolyte 
capacitors Japan undertakings 
undertaking 
duties 
S. Korea 
Japan 
S. Korea 
Taiwan duties 
undertakings 
duty 
duty Council Reg. 
(EEC)No.3836/91 
19.12.91 
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 22.3.90,p.28 
OJ L 362 
31.12.91,p. 1 
OJ L 20 
25.1.90,p.5 
OJ L 299 
15.10.92,p.43 
OJ L 193 
25.7.90,p.1 
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 
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 Council Reg. 
(EEC)No.993/93 
26.04.93 
Council Reg. 
(EEC)No.2887/93 
20.10.93 OJ L 104 
29.4.93,p.4 
OJ L 263 
22.10.93,p.1 
EPROM's Japan 
Espadrilles P.R. China 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 
duties Council Reg. 
(EEC)No.1812/91 
24.6.91 OJ L 65, 
12.03.91, p.1: 
OJ L 65, 
12.03.91 
OJ L 262, 
21.10.93,p.64 
OJ L 166, 
28.6.91, p. 1 
Ethanolamines U.S.A. duties Council Reg. 
(EC)No. 229/94 
01.02.94 OJ L 28, 
02.02.94,p.40 
Ferroboron Japan duties Council Reg. 
(EEC)No.2036/90 
16.7.90 OJ L 187 
19.7.90, p. 1 
Ferrochrome 
(low-carbon) Kazakhstan duties 
Russia 
Ukraine Council Reg. 
(EEC)No.2717/93 
28.09.93 OJ L 246 
02.10.93,p. 1 
Council Reg. 
(EC)No.3359/93 
02.12.93 Ferrosilicon Brazil duty 
Russia 
Kazakhstan 
Ukraine 
Iceland* 
Norway* 
Sweden* 
Venezuela 
(*suspended according to Council Regulation (EC)no. 5/94) 
Egypt undertaking Commission Reg. 
92/331/EEC 
30.06.92 OJ L 302 
09.12.93,p.1 
OJ L 183 
03.07.92,p.40 
Poland 
Egypt duty Council Reg. 
(EEC)No.3642/92 
14.12.92 OJ L 369 
18.12.92,p.1 
Poland undertaking Commission Dec. 
92/572/EEC 
14.12.92 OJ L 369 
18.12.92,p.32 
S. Africa 
P.R China duty Council Reg. 
(EC)No. 621/94 OJ L 77 
19.03.94,p.48 
«/ 
17.03.94 
Fluorspar P.R. China duties Council Reg. 
(EC)No. 486/94 
04.03.94 OJ L 62 
05.03.94, p. 1 
Furazolidone 
Glutamic acid 
(monosodium 
glutamate) P.R. China duties 
Indonesia duties 
Korea 
Taiwan 
Thailand 
undertakings Council Reg. 
(EC)No.2674/94 
Council Reg. 
(EEC)No.2455/93 
2.9.93 
Commission Dec. 
93/497/EEC 
30.07.93 OJ L 285 
04.11.94, p. 1 
0J L 225 
04.09.93, p. 1 
OJ L 225 
04.09.93,p.35 
Isobutanol Russia dutie: 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.1 
Linear tungsten 
halogen lamps Thailand undertaking Com.Dec.91/604/EEC OJ L 326, 
Japan duty 25.10.91 28.11.91,p.31 
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 
Methenamine 
(hexamethylene-
tetramine) Bulgaria undertakings 
C.S.S.R. 
Poland 
Romania Com.Dec.90/196/EEC OJ L 104 
10.4.90 24.4.90, p.14 
Microdisks Japan 
Taiwan 
P.R. China duties 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 
$h 
Outer rings of 
TRBs (cups) 
Oxalic acid Japan duties 
Brazil undertakings 
India duties 
P.R. China Council Reg. 
(EEC)No. 55/93 
08.01.93 
Com.Dec.90/378/EEC 
13.7.90 
Council Reg. 
(EEC)No.3434/91 
25.11.91 OJ L 9 
15.01.93,p.7 
OJ L 184 
17.7.90,p. 
OJ L 326 
28.11.91,p.6 
Photo albums S. Korea undertakings 
Hong Kong 
P.R. China duty Com.Dec.90/241/EEC 
22.5.90 
Council Reg. 
(EC)No.3664/93 
22.12.93 OJ L 138 
31.5.90, p.48 
OJ L 333 
31.12.93,p.67 
Pig iron 
(haematite) 
Plain paper 
photocopiers Brazil 
Poland 
Russia 
Ukraine 
Japan duties 
duty Com. Dec.(EC) 
No.1751/94/ECSC 
Council Reg. 
(EEC)No.535/87 
23.2.87 OJ L 1B2 
16.07.94,p.37 
OJ L 54 
24.2.87,p.12 
undertakings 
Polyester fibres 
and yarns 
Polyester fibres 
(synthetic) 
Polyester yarns 
Polyolefin woven 
bags Com.Dec. 
23.2.87 
Com.Dec. 
17.10.88 
Com.Dec. 
16.11.88 
Com.Dec. 
23.12.88 
Com.Dec. 
28.4.89 87/135/EEC 
88/519/EEC 
88/638/EEC 
89/116/EEC 
89/309/EEC 
Turkey undertaking 
(countervailing) 
Taiwan duties 
Taiwan 
Turkey 
Taiwan duties 
Indonesia 
P.R. China 
Turkey 
P.R. China duties 
additional 
duties Com.Dec.91/511/91 
23.09.91 
Council Reg. 
(EEC)No.3905/88 
12.12.88 
Council Reg. 
(EEC)no.830/92 
30.03.92 
Council Reg. 
(EEC)No.3308/90 
15.11.90 
Council Reg. 
(EEC)No.2346/93 
23.08.93 OJ L 54 
24.2.87,p.56 
OJ L 284 
19.10.88,p.60 
OJ L 355 
23.12.88,p.66 
OJ L 43 
15.2.89,p.54 
OJ L 126 
9.5.89,p.38 
OJ L 272, 
28.9.91,p.92 
OJ L 347 
16.12.88,p.10 
OJ L 88 
03.04.92,p.1 
OJ L 318 
17.11.90,p.2 
OJ L 215 
25.08.93,p.1 
ÎH 
Potassium 
chloride Belarus 
Russia 
Ukraine duties 
duties Council Reg. 
(EEC)No.3068/92 
23.10.92 
Council Reg. 
(EC)No. 643/94 
21.03.94 OJ L 308 
24.10.92,p.41 
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 
C.S.S.R. duty Council Reg. 
(EEC)No.385/90 
12.2.1990 OJ L 42 
16.2.90,p.1 
Seamless steel 
tubes 
Semi-finished 
products of 
alloy steel Hungary 
Poland 
Croatia 
Brazil 
Turkey duty 
undertakings 
duty 
undertaking 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 
Sheets and plates Slovenia duty 
of iron or Macedonia 
steel Montenegro 
Serbia 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 duty 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 OJ L 198 
28.7.90, p.57 
OJ L 170 
25.6.92, p. 1 
07.08.92, p.1 
Sisal twine Brazil undertakings 
(binder and baler) Com.Dec.93/521/EEC OJ L 251 
03.09.93 08.10.93 
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 
India duties Council Reg, OJ L 9, 
95 
S. Korea (EEC)No. 54/93 
08.01.93 15.01.93,p. 2 
Televisions S. Korea 
(small-screen colour) duties 
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.1 
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 
undertakings 
Tungsten ores P.R. China duties 
and concentrates 
undertakings 
Tungstic oxide 
and acid 
Typewriter 
ribbons P.R. China duties 
undertakings 
P.R- China undertakings 
duties Council Reg. 
(EEC)No. 729/92 
16.03.92 
Com.Dec.92/177/EEC 
16.03.92 
Council Reg. 
(EEC)No.2737/90 
24.9.90 
Com.Dec.90/480/EEC 
24.9.90 
Council Reg. 
(EEC)No.2735/90 
24.9.90 
Com.Dec.90/478/EEC 
24.9.90 
Council Reg. 
(EEC)No.2736/90 
24.9.90 
Com.Dec.90/479/EEC 
24.9.90 
Com.Regulation 
(EEC)No.1937/90 
Council Reg. 
(EEC)No.3200/90 
5.11.90 OJ L 81 
26.03.92,p.1 
OJ L 81 
26.03.92,p.22 
OJ L 264 
27.9.90,p.7 
OJ L 264 
27.9.90,p.59 
OJ L 264 
27.9.90,p.l 
OJ L 264 
27.9.90,p.55 
OJ L 264 
27.9.90,p.4 
OJ L 264 
27.9.90,p.57 
OJ L 174 
4.7.90,p.27 
OJ L 306 
6.11.90,p.21 
U 
Urea C.S.S.R undertakings 
U.S.S.R 
Venezuela duties Council Reg. 
(EEC)No.3339/87 
4.11.87 
Council Reg. 
(EEC)No.2835/91 
23.9.91 OJ L 317 
7.11.87,p. 1 
OJ L 272 
28.9.91,p.10 
Urea ammonium 
nitrate Bulgaria 
Poland duties 
undertakings Council Reg. OJ L 350 
(EC)No.3319/94 31.12.94,p.20 
22.12.94 
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. 
(EEC)No.1768/89 
19.6.89 OJ L 174 
22.6.89,p.1 
Hong Kong undertakings 
P.R. China duties Com.Dec.89/376/EEC 
19.6.89 
Council Reg. 
(EEC)No.3091/91 
21.10.91 OJ L 174 
22.6.89,p.30 
OJ L 293 
24.10.91,p.2 
Welded tubes Romania duties 
of iron or steel Yugoslavia Council Reg. 
(EEC)No. 868/90 
2.4.90 OJ L 91, 
6.4.90, p.8 
undertakings 
Turkey duties 
Venezuela Com.Dec.90/166/EEC 
2.4.90 
Council Reg. 
(EEC)No. 898/91 
8.4.91 OJ L 91 
6.4.90, p.36 
OJ L 91 
12.4.91, p.1 
Welded wire 
mesh Yugoslavia undertakings Com.Dec.91/256/EEC 
14.5.91 OJ L 123 
18.5.91,p.54 
«7 

ISSN 1024-4492 
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