Proposal for a COUNCIL REGULATION ( EEC ) imposing a definitive anti-dumping duty on imports of video tapes in cassettes originating in the People' s Republic of China and collecting definitively the provisional duty
Date: 1991-10-01
Institutions: European Commission
Subjects: China, anti-dumping duty, dumping, import, video cassette

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 360 final 

Brussels, 1 October 1991 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

Imposing a definitive anti-dumping  duty on  Imports of video tapes In 

cassettes originating  In the People's Republic of China and collecting 

definitively  the provisional  duty 

(presented  by  the Commission) 

z 

EXPLANATORY  MEMORANDUM 

1. 

By  Regulation  (EEC) No  1034/91<1>  the  Commission  imposed  a 

provisional  anti-dumping  duty  on  Imports  of  video  tapes  In  cassettes 

originating  In  the  People's  Republic  of  China.  That  duty  was 

extended  for  a maximum  period  of  two months  by  Regulation  (EEC) 

No  2525/91(2). 

2. 

Following  the  imposition  of  provisional  measures,  the  Commission  has 

continued  Its  investigation  and  has  examined  the  arguments  of  the 

complainants  and  exporters  which  have  requested  to be  heard. 

3. 

For  purposes  of  the  Provisional  Duty  Regulation,  normal  value  was 

based  on  prices  paid  or  payable  in  the Community.  This  was  done 

because  no  producers  in  third  countries  were  found  who  were  willing 

to cooperate  In  the  Investigation.  Subsequently,  several  Hong  Kong 

producers  stated  their  willingness  to cooperate  and  the  Commission 

was  able  to collect  and  verify  information  from  those  producers. 

Normal  values  could  then  be  established  using  Hong  Kong  as  an 

analogue  market  economy  country. 

4. 

As  a  result  of  the  use  of  different  normal  values,  dumping  margins 

have  been  substantially  modified. 

5. 

In the  provisional  findings,  a  single  uniform  dumping  margin  was 

established  for  all  Chinese  exporters.  For  purposes  of  definitive 

findings  the  Commission  has  concluded  that  those  exporters  which  are 

Joint  ventures  with  foreign  participation  are  able  to  freely 

transfer  their  profits  out  of  China.  In  these  circumstances  and 

following  the  approach  used  in  the  small  screen  colour  television 

receivers  case  (Regulation  (EEC) No  2093/91)  individual  dumping 

margins  have  been  established  for  such  imports. 

(1)  O.J. n-  L  106,  26.4.1991, p.  15 
(2)  O.J. n*  L  236,  24.8.91 , p. 1 

3 

6. 

Provisional  findings  that  the  Community  video  cassette  industry  has 

suffered  material  Injury  In  terms  of  loss of  market  share,  price 

undercutting,  price  depression  and  subsequent  loss  of  profitability, 

were  confirmed.  It  was  also  confirmed  that  the  dumped  imports  from 

the  People's  Republic  of  China  had,  In  isolation,  caused  material 

Injury  to  the  Community  Industry.  Levels  of  duty  necessary  to 

remove  the  Injury  were  also  confirmed. 

7. 

It  Is also  confirmed  -  no  new  facts  or  arguments  having  been 

presented  -  that  It  is  In  the  Community's  interest  to  eliminate  the 

injurious  effects  of  the  dumping  determined.  The  benefits  of  such 

protection  for  the  current  viability  and  future  development  of  the 

Community  Industry  outweigh  the  temporary  disadvantages  to  consumers 

of  limited  price  Increases  for  certain  imported  cassettes. 

8. 

In  the  light  of  the  economic  structure  of  the  exporters  and  price 

variations  for  very  similar  models,  the  Commission  considers  that 

the  duty  should  take  the  form  of  a  variable  duty  equal  to  the 

difference  between  price  per  cassette  net,  free  at  Community 

frontier,  not  cleared  through  customs,  and  a  floor  price  established 

on  the  basis  of  the  normal  value  for  each  individual  model. 

9. 

It  Is proposed  therefore  to  Impose  definitive  anti-dumping  duties  in 

the  form  of  a  variable  duty  and  in  the  amount  established  In 

Article  1(2) on  imports  of  video  tapes  In cassettes  originating  In 

the  People's  Republic  of  China. 

It  is also  proposed  that  the  amounts  secured  by  way  of  the 

provisional  duty  should  be  collected  up  to  the  levels  of  the 

definitive  duties  finally  determined. 

Proposal  for a 

COUNCIL REGULATION  (EEC) NO 

of 

Imposing a definitive antI-dumping  duty on  Imports of video tapes In 

cassettes originating  in the People's Republic of China and collecting 

definitively the provisional  duty 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard  to the Treaty establishing  the European Economic Community, 

Having regard  to Council  Regulation  (EEC) No. 2423/88 of  11 July  1988 on 

protection against  dumped or subsidized  Imports from countries not 

members of  the European Economic Commun!ty<1), and  In particular Article 

12 thereof, 

Having regard  to the proposal  submitted  by the Commission after 

consultation within  the Advisory Committee as provided  for under  the 

above Regulation, 

Whereas: 

A. PROVISIONAL MEASURES 

1.  The Commission, by Regulation  (EEC) No  1034/91(2>, (hereinafter  the 

Provisional  Duty Regulation),  imposed a provisional  anti-dumping duty 

on  Imports  Into the Community of video tapes  in cassettes originating 

in the People's Republic of China and  falling within CN Code ex  8523 

13 00.  The Council, by Regulation  (EEC) No<3) extended  this duty 

for a period not exceeding  two months. 

(1)  OJ No L 209, 2/1/1988, p. 1. 
(2)  OJ No L 106, 26/4/1991, p. 15. 
(3)  OJ No L 

s 

B. SUBSEQUENT PROCEDURE 

2.  Following  the  Imposition of  the provisional  anti-dumping  duty, the 

Interested parties who so requested  were granted  an opportunity  to be 

heard  by the Commission.  They also made written  submissions making 

known  their  views on  the findings. 

3.  Upon  request, parties were  Informed of  the essential  facts and 

considerations on  the basis of which  it was  intended  to recommend  the 

imposition of definitive  duties and  the definitive collection of 

amounts secured  by way of a provisional  duty.  They were also granted 

a period within which  to make representations subsequent  to the 

disclosure. 

4.  The oral  and written comments  submitted by  the parties were 

considered  and, where appropriate, the Commission's  findings were 

modified  to take account  of  them. 

5.  Due to the complexity  of  the proceeding,  In particular  to the 

detailed  verification of  the voluminous data  Involved  and  the 

numerous arguments put  forward,  including  the study of  related  Issues 

which  arose during  the proceeding  and which  could not  have been 

foreseen  at  Its outset,  the  investigation could not  be concluded 

within  the normal  time  limit. 

C. PRODUCT UNDER CONSIDERATION  .LIKE PRODUCT . 

COMMUNITY  INDUSTRY 

6.  No comments  from any of  the  interested parties were  received 

concerning  the conclusions of  the Commission  as set out  In recitals 7 

to 11 of  the Provisional  Duty Regulation, relating  to the product 

under  consideration, the  like product  and  the Community  industry. 

The Council  confirms  these conclusions. 

D. DUMPING 

a. Normal  Value 

7.  For  the purposes of provisional  findings the Commission  for  the 

reasons and  in the manner  described  in recitals  12 to 17 of  the 

Provisional  Duty Regulation, established  normal  value on  the basis of 

the price payable  In the Community  for  the  like product. 

8.  The Chinese exporters strongly objected  to the use of Community 

prices as normal  value and  requested  that  normal  value should be 

established,  in accordance with  the provisions of Article 2 (5) of 

Regulation  (EEC)  in 2423/88, by using Hong Kong as a market  economy 

for  reference.  In this context, several  Hong Kong producers of  video 

cassettes, which  had previously  refused  to cooperate  in the 

investigation, stated,  immediately  prior  to the  imposition of 

provisional  duties, their willingness to cooperate with  the 

Commission  in the conduct  of  the  investigation. 

9.  The complainants  argued  that  Hong Kong could not be used as a 

reference market  economy  territory at  this stage of  the proceeding 

because the producers now willing  to cooperate had previously  refused 

cooperation  and because  there appeared  to be close  links between some 

of  the Chinese exporters and some of  the Hong Kong producers willing 

to cooperate with  the  investigation. 

10. The Commission  considered  that neither of  the complainants  arguments 

provide sufficient  grounds not  to select  the Hong Kong market  as 

reference  for establishing  normal  value.  The producers  in Hong Kong 

are not  interested  parties  in the proceeding  and  therefore  their 

refusal  to cooperate cannot  be  Judged  in the  light of  the provisions 

of Article 7  (7)(b) of Regulation  (EEC) No 2423/88.  As to the 

alleged  links of  these Hong Kong producers with Chinese exporters, 

the Commission  considers  that,  insofar  as  it was able to 

satisfactorily verify  all  data necessary  for  the purposes of  the 

investigation  the existence of  those  links  is  irrelevant  for  the 

establishment of normal  value. 

} 

11.  In the  light of  the above conclusions, the Commission  addressed 

questionnaires to several  Hong Kong producers and obtained 

satisfactory  replies from  two of  them.  The  information contained  In 

those replies was verified by means of on spot visits. 

12. Normal  value was established on the basis of  the prices paid or 

payable  for  the sales of  the  like product  In the ordinary  course of 

trade  In Hong Kong.  The Commission noted  that  these sales  In the 

Hong Kong domestic market  allowed  the producers a considerable profit 

margin. 

For  those models which were not sold  In the Hong Kong domestic market 

normal  value was constructed on the basis of  the average cost of 

production plus the profit margin realised on the sales of  the most 

sold model  In Hong Kong which comprised substantially all  the 

domestic sales of  the product  concerned  In the Hong Kong market.  The 

selling, general  and administrative expenses  Included  in the cost of 

production were calculated  by obtaining a weighted  average  for  the 

two producers visited. 

The Council  confirms these conclusions. 

b. Export  price 

13. Hong Kong 

For  the purposes of  the Provisional  Duty Regulation, the export 

prices were established on the basis of the prices paid or  payable 

for  the products sold  for export  to the Community.  No comments  from 

any party have been made on this course of action except  Insofar  as 

the situation of companies with  foreign participation  is concerned. 

These arguments are considered  in recital  18 below.  The Council 

confirms the course of action  followed by the Commission  as set out 

in recital  18 of  the Provisional  Duty Regulation. 

s 

C. Comparison 

14. As explained  in the Provisional  Duty Regulation  at  recitals 20 and 

21, all  comparisons  were made at  the ex-factory  basis and at  the same 

level  of  trade.  For  the purposes of ensuring a fair  comparison 

between normal  value and export  prices,  the Commission  took  account 

where appropriate of differences  affecting  price comparability, such 

as transport, packing, credit  and other  selling expenses. 

15. The China Association of  Enterprises with  Foreign  Investment  (CAEFI), 

representing  several  cooperating  Chinese exporters, alleged that 

Chinese produced  video cassettes were of a significantly  lower 

quality  than  that of Hong Kong  produced  cassettes, mainly  due to the 

use of  inferior  raw materials and processing methods, and  requested 

an adjustment  for differences  in physical  characteristics which  it 

quant If led at 20%. 

The complainant  contested  the request  of  the exporters on  the basis 

that  both Chinese  and Hong Kong  producers were manufacturing  the 

tapes under  the same  licence and  should  therefore obtain  the same 

level of quality and  that  consumers made no distinction between Hong 

Kong and Chinese produced  cassettes. 

16. After  examination of  the facts, the Commission  considers  that  there 

are no differences  in comparable  physical  characteristics which 

Justify an allowance as far as the comparison between Hong Kong and 

Chinese produced  video cassettes  Is concerned.  Furthermore, the 

Commission  considers  that  there  is no difference  in the consumer's 

perception of Hong Kong and Chinese made video cassettes. 

Consequently, the exporters' claim was  rejected. 

The Council  confirms these conclusions. 

d. Dumping  margins 

17. For purposes of  Its provisional  findings, the Commission  established 

a single dumping  margin  for all  Chinese exporters.  This was done 

9 

since  the  People's  Republic  of  China  is a non-market  economy  and,  in 

accordance  with  previous  Community  practice,  the  Commission 

considered  that,  because  of  the  lack of  independence  of  the 

exporters,  a  single  dumping  margin  should  be  established  to  avoid 

purely  arbitrary  results  and  the  likelihood  of  circumvention. 

18.  The  Shenzhen  Video  Tape  Manufacturers  Association,  acting  on  behalf 

of  one  cooperating  exporter  and  CAEFI  on  behalf  of  four  cooperating 

exporters,  argued  that  these  exporters  were  joint  ventures  with 

foreign  participation  which  operated  In an  environment  very  similar 

to  that  of  market  economy  companies  and  requested  that,  because  of 

their  specific  characteristics,  individual  company  findings  should  be 

determined  for  them.  In addition  the  Shenzhen  Video  Tape 

Manufacturers  Association  requested  that  the  Joint  venture  exporters 

which  did  not  reply  to  the  questionnaire  be  granted  a  different 

treatment  than  that  given  to  State  owned  companies. 

19. The  Commission  considered  that  these  cooperating  Chinese  exporters 

had  supplied  sufficient  evidence  to determine  that  they  were 

genuinely  Joint  venture  companies  with  foreign  Investment,  were  able 

to  freely  establish  their  export  prices  and  subject  to  certain 

administrative  requirements,  were  able  to  transfer  profits  from  China 

to  their  foreign  shareholders. 

The  Commission  considered  that  this  was  also  the  case  for  two  other 

cooperating  exporters  which  had  supplied  information  indicating  that 

they  were  joint  ventures  with  foreign  participation. 

In  these  circumstances  and  following  the  Community's  previous 

practice  as  set  out  in Council  Regulation  (EEC) No  2093/91  of  15  July 

1991  imposing  a definitive  anti-dumping  duty  on  imports  of  small-

screen  colour  television  receivers  originating  in Hong  Kong  and  the 

People's  Republic  of  China  and  collecting  definitively  the 

provisional  d u t y *4),  the  Commission  concluded  that  individual 

dumping  margins  could  be  determined  for  those  companies. 

(4)  OJ  No  L  195,  18/7/91, p.  1. 

4o 

20. As to the remaining  three cooperating exporters, namely  Dong Guan 

Changan  Jlekou Magnetic Tape Factory, Long Gung Xln Shen Fung Fu 

Plastic Mfg. and Shantou Ocean Audio-Video Gen. Corp.,  the  Commission 

received  no evidence or  information  indicating  that  these  companies 

were  joint  ventures with  foreign participation.  The  Commission 

considered  that, because of  their  lack of  independence, the same 

approach  as the one set out  in recital  22 of  the Provisional  Duty 

Regulation should  be applied and a single dumping  margin  calculated 

for  these three exporters. 

The Council  confirms  the above  conclusion. 

21. On  this basis, export  prices were compared  on a transaction by 

transaction  basis with  normal  values  for each of  the exporters 

concerned with  the three exceptions mentioned  in recital  20 above. 

The final  examination of  the facts shows the existence of dumping  in 

respect  of  the product  concerned originating  in the People's Republic 

of China  from all  the exporters  involved,  the margin of  dumping  being 

equal  to the amount  by which  the normal  value as established  exceeds 

the price for export  to the  Community. 

22. The weighted  average margins, expressed  as a percentage of CIF 

Community  frontier  prices varied  according  to the exporter  as 

fo11ows: 

Acme Cassette Manufacturing 

BujI  Bant Ian Oscar Video Products Fty. 

Fuzhou Wonderful  Video Tapes Co. Ltd. 

Fuzhou Fortune Video Tapes Co. Ltd. 

Nan-Hua Magnet  Electricity Co. Ltd. 

9,3% 

5,1% 

6,4% 

3,8% 

5,4% 

Song Gang Hang Sing Cassette  Factory  Song Gang 

1,3% 

All other  Chinese exporters 

12,5% 

23. For  those producers  that  neither  replied  to the  Commission's 

questionnaire, nor otherwise made  themselves know, dumping  was 

determined on  the basis of  the facts available  in accordance with  the 

provision of Article 7  (7) (b) of Regulation  (EEC) No 2423/88.  In 

this conection, the Commission  considered  that  the result  of  its 

investigation concerning other  companies  provided  the most  apropriate 

A^ 

basis for determination of  the margin of dumping.  Since  It could 

create an opportunity  for circumvention of  the duty,  If the dumping 

margin  for  those producers was any  lower  than  the highest  dumping 

margin  found  In their  respective  countries determined  with  regard  to 

those producers who had cooperated  In the  investigation,  it is 

considered  appropriate  to use  the highest  dumping  margin  found  in 

their  respective country  for  these groups of producers. 

E.  INJURY 

24. The Commission  concluded  in  its provisional  findings  (See recitals 33 

to 35) that  the Community  industry  had suffered material  injury as a 

result of  the dumped  imports of video  tapes  In cassettes originating 

in the People's Republic of China. 

25. Both CAEFI  and  the Shenzen  video Tape Manufacturers  Association 

objected  to the Commission's  findings concerning  Injury  by  Indicating 

that: 

the volume of sales of  the Community  producers  increased  between 

1986 and 1989, 

stocks decreased  in the same period, 

the decrease  in capacity utilisation between  1986 and  1989 was 

the result  of an  increase  In capacity  and not of  the existence of 

dumped  imports, 

the decrease  in employment  was due to cost  rationalization and 

automat izat ion, 

one of  the Community  producers already  incurred  losses  in 1986 at 

a time when  imports of video  tapes  In cassettes  from China were 

minimal. 

26. The Commission  considers  that  these arguments neglect  the basic 

facts.  Imports of  the product  concerned  from  the People's  Republic 

of China  increased  from 0,74 million units  in 1986 to 38,67 million 

units  In 1989, the market  share of  the Community  producers  decreased 

in a fast growing market  and  their  prices were significantly 

depressed  decreasing  by 28,6% from  1986 to 1989. 

'U 

These  facts are by  themselves sufficient  to establish  the existence 

of material  injury  to the Community  Industry, taking  Into account 

that Article 4(2) of Regulation  (EEC) No 2423/88 does not  require 

that  all  the factors  listed therein show a negative  trend. 

27.  In addition to these arguments, the Commission  notes  that  the 

exporters have not objected  to the findings concerning  price 

undercutting  as set out  in recital  28 of  the Provisional  Duty 

Regulation, except  to request  a 40% adjustment  instead of  the 20% 

used.  The exporters based  their  request  for  this further  adjustment 

on pretended  differences  in physical  characteristics among  Community, 

Hong Kong and Chinese produced  video tapes. 

Given  the very  similar  nature of  the Hong Kong and Chinese  produced 

video tapes  (see recital  16), the Commission  considers  that  the 

evidence submitted  is not  conclusive enough  to  indicate  that any 

adjustment  for differences  in physical  characteristics and  the 

perceptions of  imported  and Community  produced  video  tapes by 

consumers should  differ  from  that used provisionally. 

In view of  the above  the Commission  confirms  Its conclusions 

concerning  the  level of undercutting  (59,9%) and concerning  the 

existence of material  Injury  to the Community  industry. 

The Council  confirms these conclusions. 

F. CAUSATION OF  INJURY 

28.  In recitals 36 to 38 of  the Provisional  Duty Regulation,  the 

Commission  concluded  that  the  imports of video tapes  In cassettes 

originating  in the People's Republic of China  had caused  material 

injury  to the Community  industry. 

The representatives of  the exporters have contested  this conclusion. 

In support  of  their  contention  they have argued  that  the only  fact 

alleged by  the Commission  to establish  the existence of a causal  link 

between  the dumped  Chinese  Imports and  the existence of material 

injury  to the Community  industry was simultaneity  and  that  this time 

13 

factor  by  Itself  Is not  sufficient, according  to the provisions of 

Article 4 of Council  Regulation  (EEC) No 2423/88, to establish  the 

existence of a causal  link.  The exporters have argued  that  the 

Injury suffered  by  the Community  industry must  have been caused by 

imports from other  sources. 

29. The Commission  cannot  accept  these arguments.  Simultaneity  is not 

the only  factor which determines  the existence of a causal  link.  The 

Commission  notes  that  the Chinese  imports arrive  in the  Community 

market  at very  low prices and, as the market  Is very price sensitive, 

this results  in a general  price depression of  the Community  prices 

which prevents  the Community  producers  from  increasing  their  prices 

and  restoring  their  profitability  to acceptable  levels. 

30. As to the argument  concerning  injury caused  by  Imports  from other 

sources the Commission  considers  that  the fact  that  the  Increase of 

market  share of  the Chinese  Imports has been done at  the expense of 

the Hong Kong and Korean exports does not  render  the causal  link non 

existing nor  the  Injury non material.  The very  low prices of  the 

Chinese  Imports and  the heavy price undercutting  have caused  Injury 

by not  allowing  the community  Industry  to reach acceptable  levels of 

profitability which might  secure  Its continuing operation.  The 

exporters also referred  to the surge of  Imports  from unidentified 

sources as a possible cause of  injury  to the Community  Industry.  The 

Commission  notes  that none of  the parties  involved  has provided  any 

information on prices of  these  imports which are not  known to 

undercut  Community  prices.  However, even  If  it was admitted  that 

these  Imports  from unidentified  sources were undercutting  Community 

prices and causing  injury  to the Community  industry,  the volume and 

low prices of  the dumped  imports are such  that  this would  not modify 

the finding  that  the Chinese exports, taken  in  isolation, have caused 

material  Injury  to the Community  Industry. 

In view of  the above, the Commission  confirms  Its conclusions  In 

recitals 36 to 38 of  the Provisional  Duty  Regulation. 

The Council  confirms these conclusions. 

* <, 

G. COMMUNITY  INTEREST 

31. No further  facts or  arguments concerning  this subject were submitted 

to the Commission by any of  the parties.  The Council  therefore 

confirms the Commission's conclusions set out  in recitals 39 to 47 of 

the Provisional  Duty Regulation, that  it  is in the Community's 

interest  to eliminate  the  Injurious effects to the Community  Industry 

of  the dumping determined.  The benefits of such protection  for  the 

current  viability  and  future development of  that  industry outweigh 

the possible disadvantages, of a temporary  nature, for  the consumer 

in terms of  limited price  increases for certain  imported video  tapes 

in cassettes. 

H. DUTY 

(a) Level of duty 

32. Provisional  measures  took  the form of anti-dumping  duties.  These 

were  imposed at  the  level of  the  increase  in price considered 

necessary  to prevent  injury being caused during  the proceedings. 

This duty was established  (recital  49 of  the provisional  Duty 

Regulation) at  the  level of  25,8%. 

33. Subsequently  both  the exporters and  the complainant  contested  the 

method  followed by  the Commission on establishing  the  level of duty 

necessary  to remove  the  injury. 

34. The Commission considers  that, since the dumping margins definitively 

determined  are significantly below the  level  required  to eliminate 

the  injury caused, neither  the argument of  the exporters nor  that of 

the complainants has any practical  relevance  in terms of  the final 

result. 

35. As the dumping margins established  are  in all cases  lower  than the 

percentage needed  to remove  the  injury, duties should be established 

at the  level of  the dumping margins. 

The Council  confirms  these conclusions. 

IS" 

(b) Form of duty 

36.  In the  light of  the economic  structure of  the exporters  and  price 

variations  for very similar models, the Commission  considers  that  the 

duty should  take the form of a variable duty equal  to the difference 

between price per  cassette net, free at Community  frontier, not 

cleared  through  customs, and a floor  price established on  the basis 

of  the normal  value  for each  individual  model. 

In order  to avoid  difficulties  in the application of  the duties 

should  developments  in the market  result  in the appearance of 

cassettes with  different  lengths  from  those known  at present,  the 

models of cassettes are  to be described  in such a way  that all 

possible  future combinations  are  included. 

37. The Commission  notes  that  the variable duty provides  Individual 

results  for  the cooperating  Chinese  Joint  venture exporters  as the 

duty  for each one of  them will  be the equivalent  to the difference 

between  their  export  prices and  the normal  value. 

The Council  confirms these conclusions. 

I. COLLECTION OF PROVISIONAL  DUTIES 

38.  in view of  the dumping margins established, and  the seriousness of 

the  Injury caused  to the Community  industry, the Council  considers it 

necessary  that  amounts collected by way of provisional  anti-dumping 

duties should  be definitively  collected  to the extent  of  the amount 

of  the duty definitively  imposed, 

HAS ADOPTED THIS REGULATION 

ARTICLE 1 

1.  A definitive anti-dumping  duty  is hereby  imposed on  imports of  video 

tapes of VHS standard  In cassettes  falling within CN Code ex 8523  13 00 

(TARIC codes: see Annex) and originating  in the People's Republic of 

China. 

K 

2.  The amount  of  the duty shall  be equal  to the difference  between  the 

minimum  prices  listed below and  the price per cassette net, free at 

Community  frontier, not  cleared  through customs  for cassettes with  tapes 

having a playing  time : 

up to and  including  30 minutes 

exceeding  30 minutes and up  to 60 minutes 

exceeding 60 minutes and up  to 90 minutes 

exceeding  90 minutes and up  to 120 minutes 

exceeding  120 minutes and up  to 180 minutes 

exceeding  180 minutes and up  to 195 minutes 

exceeding  195 minutes and up  to 240 minutes 

exceeding  240 minutes 

0.76 ECU 

0.92 ECU 

1.08 ECU 

1.26 ECU 

1.57 ECU 

1.74 ECU 

1.95 ECU 

2.22 ECU 

3.  The provisions  in force concerning  customs duties shall  apply. 

ARTICLE 2 

Amounts secured  by way of  the provisional  anti-dumping  duty  imposed by 

Regulation  (EEC) No  1034/91  will  be definitively  collected  to the extent 

of  the amounts resulting  from  the application of  the definitive duty as 

fixed  in Article  1 (2). 

Secured amounts  in excess of  these amounts will  be  released. 

ANNLA 

1} 

ARTICLE  3 

This  Regulation  shall  enter  into  force  on  the  day  following  its 

publication  In  the  Official  Journal  of  the  European  Communities. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable 

in a 11 Member  States. 

Done  at  Brussels, 

For  the  Council 

The  President 

n 

ANNEX 

CN 

CODE 

TARIC 

D E S C R  I P T  0 N 

SUBHEADING 

Video  tapes : 

-  - - -  in cassettes : 

- - - - - falling under  VHS standards : 

_ _ _ _ __  having a playing  time : 

85231300 

* 21 

_ _ _ _ _ __  up to and  including 

30 minutes 

85231300 

* 23 

- - - - - --  exceeding  30 minutes 

and up  to 60 minutes 

85231300 

* 25 

_ _ _ _ _ __  exceeding  60 minutes 

and up to 90 minutes 

85231300 

* 27 

- - - - - --  exceeding  90 minutes 

and up  to 120 minutes 

85231300 

* 28 

- - - - - --  exceeding  120 minutes 

85231300 

* 31 

- - - - - --  exceeding  180 minutes 

and up to 195 minutes 

85231300 

* 33 

- - - - - --  exceeding  195 minutes 

and up  to 180 minutes 

85231300 

85231300 

85231300 

* 35 

* 39 

* 49 

and up  to 240 minutes 

- - - - - --  exceeding  240 minutes 

Other 

Other 

T3 

ISSN 0254-1475 

COM(91) 360 final 

DOCUMENTS 

EN 

02 

Catalogue number : CB-CO-91-410-EN-C 

ISBN 92-77-75888-0 

Office for Official Publications of the European Coi-ununities 
L-2985 Luxembourg