Proposal for a COUNCIL REGULATION (EEC) repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures concerning imports of certain compact disc players originating in Japan and the Republic of Korea
Date: 1993-07-23
Institutions: European Commission
Subjects: Japan, South Korea, sound reproduction equipment

COMMISSION  OF  THE  EUROPEAN  COJWMUNITIES 

C0MC93)  373  f i n al 

Brussels,  23  July  1993 

Proposal  for  a 

fiffllMCIL  REGULATION  (EEC) 

repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures 
concerning imports of certain compact disc players originating in Japan 
and the Republic of Korea 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

By Regulation  (EEC) N°  112/90,  the  Council  imposed  a definitive  anti 

dumping  duty  on imports of  certain compact disc  players  originating  in 

Japan and the  Republic  of  Korea. This  Regulation  has been amended  by 

Council  Regulation  (EEC) N°  819/92  with  regard to  the  definition  of  the 

product concerned  with  the  imposition  of  the  anti-dumping  duty. 

In December  1991,  the  Commission opened  a full  review  of  Regulation 

(EEC)  N°  112/90. 

The two  major  Community  producers of  compact  disc  players  comprising 

97%  of the Community  industry's  output  of  the  product,  have  officially 

advised the  Commission  of  their  intention  to  cease production  of  compact 

disc  players in the  Community.  These  producers declared that  the 

discontinuation  of  their  production  within  the  Community  would  be 

completed  by the end of  1993  and that they  were  of  the  opinion  that 

there  was no justification  for  the  continued  existence  of  protective 

measures. 

Furthermore, the complainant,  COMPACT,  representing  all  producers 

comprising the  Community  industry,  formally  withdrew  its complaints  on 

6  April  1993 and requested the  Commission  to  propose to  the  Council 

the  repeal of  the  anti-dumping  measures  currently  in force  concerning 

imports of  compact  disc players originating  in Japan  and the  Republic  of 

Korea. 

The Commission  has proposed that  the  Council  adopt  the  attached 

Regulation. 

IT 

Proposal for  a Council  Regulation 
repealing  Regulation  (EEC) N° 112/90 imposing anti-dumping  measures 
concerning imports  of  certain compact  disc  players originating in Japan 
and the Republic of  Korea 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty  establishing the  European  Economic 
Community, 

Having regard to  Council  Regulation  (EEC)  N°  2423/88  of  11 July  1988 
on protection  against dumped or subsidized imports from countries  not 
members of  the  European  Economic  Community  1, and in  particular 
Article  9 and  14  thereof, 

Having regard to  the  proposal  submitted  by the  Commission,  after 
consultations  within the  Advisory  Committee  as provided for  under  the 
above Regulation, 

Whereas  : 

A.  PROCEDURE 

(1)  By Regulation  (EEC) N°  112/90  2, the  Council imposed  a definitive 
anti-dumping  duty  on imports  of  certain  compact  disc  players  originating 
in Japan and the  Republic  of  Korea. This Regulation  has been amended 
by  Council  Regulation  (EEC)  N°  819/92  3  with  regard to  the definition  of 
the product concerned  with the  imposition  of the anti-dumping  duty. 

(2)  In July  1991,  the  Commission  announced  by  a notice  published in  the 
Official  Journal  of  the  European Communities  4 the initiation  of  an 

1  OJ N°L 209, 2.8.1988,  p1 
20JN°L13,  17.1.1990, p 21 
3  0JN°L 87, 2.4.1992,  p1 
40 J N°  C 174, 5.7.1991, p 1! 

investigation provided for in Article  13(11) and  14 of  Regulation (EEC) 
N°2423/88,  to examine the allegations of a complaint by the Committee 
of Mechoptronics Producers and Connected Technologies  ('COMPACT') 
representing a major proportion of the Community industry concerned. 
This complaint contended that the anti-dumping duties referred to in 
recital 1 had been borne by the exporters. 

At the same time, the Commission had initiated, on the basis of Article 
14 of  Regulation  (EEC) N°2423/88,  a partial review  of  Regulation (EEC) 
N°  112/90 in respect of the exports of one Japanese  producer, 
Accuphase  Laboratory  5. 

(3)  In view of the nature of the information submitted  by the exporting 
parties known to be concerned together  with the particular  characteristics 
of the market for the product and the time  which had elapsed since the 
original investigation period, the Commission considered that,  in order to 
avoid any potential discrimination, the above investigation should involve 
a full review of Regulation N°112/90 and published for this purpose a 
notice in the  Official Journal of  the European Communities 6. 

(4) The Commission officially  advised the exporters and importers known 
to be concerned, the representative  of the exporting countries and the 
complainant and gave the parties directly  concerned the opportunity to 
make their views known in writing and to request a hearing. 

(5)  All the known Korean exporters, most of the Japanese  exporters and 
all complainant Community  producers made their views known in writing. 
Submissions were also made by a number of importers. 

(6) The Commission sought and verified all information considered 
necessary and carried out investigations at the premises of the 

50 J N°  C  173,  4.7.1991,  p 3 
6  OJ N°  C 334,  28.12.1991,  p 8 

complainant  Community  producers, the  Japanese  and  Korean  producers, 

and a number  of  importers. 

(7) The  Commission  requested  and received  written  and oral  submissions 
from the  Community  producers, from a number  of  exporters  and from a 
number  of  importers,  and verified the  information  provided to  extent 
considered  necessary. 

(8)  In June  1992,  following  the submission  of  a further  complaint  by 
COMPACT containing  sufficient  evidence  of  dumping  and injury  resulting 
therefrom, the  Commission  announced, by  a notice  published  in the 
Official  Journal  of  the  European Communities  7, the  initiation  of  an anti 
dumping  proceeding  concerning  imports  of  compact  disc  players 
originating  in Taiwan, Singapore and Malaysia.  In this  notice,  the 
Commission indicated that  at least some of  the  compact  disc  players 
presently  exported from Taiwan, Singapore  and Malaysia  may  not 
originate, according  to  the  Community  rules on origin, in these  three 
countries  but  in Japan. The Commission  therefore  stated that  the  findings 
on the question  of  origin of  these  products  could  also  be relevant  to  the 
review  of  the  anti-dumping  measures imposed  by  Regulation  (EEC)  N° 

112/90  which  imposed  anti-dumping  duties  on imports of  the  product 
concerned originating  in Japan and Korea. 

(9) The investigation  of  dumping  covered the  period from  1 January  1991 
to  30  June  1991  (investigation  period). 

B. COMMUNITY  INDUSTRY 

(10) The  Commission found two  categories  of  producers  of  compact  disc 
players in the  Community  during the  investigation period  : 

-  manufacturing  subsidiaries  of  the  Japanese  producers  whose  products 
are subject to  anti-dumping  duty.  In accordance  with  the  provisions  of 

7OJ  N°  C 148,  12.6.1992,  p 7 

Article  4(5)  of  Regulation  (EEC)  N°  2423/88  and  with the  consistent 
practice  of  the  Community  Institutions, these companies  have  therefore 
been excluded from the  Community  industry  for  the  purpose  of  the  injury 
assessment  ; 

-the  Community  producers on  behalf  of  which the  complaint  was  lodged 
which,  according to  the  information  available  to  the  Commission, 
manufactured, during the  investigation  period,  100% of  total  Community 
output  of  the product  under  investigation. 

C.WITHDRAWAL OF THE COMPLAINT, TERMINATION OF THE REVIEW 
AND REPEAL OF THE EXISTING  MEASURES 

(11) The two  major  Community  producers, comprising  97% of  the 
Community  industry's  output  of  the  product,  have officially  advised the 
Commission of  their  intention  to  cease  production  of  compact  disc 
players in the  Community.  These producers  declared that  the 
discontinuation  of  their  production  within  the  Community  would  be 
completed  by the end of  1993  and that  they  were of  the opinion  that 
there  was no justification  for  the  continued  existence  of  protective 
measures. 

(12)  Furthermore, the  complainant,  COMPACT,  representing  ail  producers 
comprising the Community  industry,  formally  withdrew  its complaints  on 
6  April  1993 and requested the  Commission to  propose  to  the  Council 
the  repeal of  the anti-dumping  measures currently  in force  concerning 
imports of  compact  disc  players originating  in Japan and the  Republic  of 
Korea. 

(13)  In these circumstances,  the  Commission  considers that  protective 
measures are no  longer  necessary.  The Council  agrees. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC) N°  112/90 as amended by Regulation  (EEC)  N°819/92 
is hereby repealed. 

Article  2 

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 ail 
Member States. 

Done at Brussels, 

T 

ISSN 0254-1475 

COM (93) 373 final 

DOCUMENTS 

EN 

u  02 

Catalogue number : CB-CO-93-406-EN-C 

ISBN 92-77-58303-7 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg