Proposal for a COUNCIL REGULATION (EEC) modifying Council Regulation (EEC) No 729/92 of 16 March 1992 imposing a definitive anti-dumping duty on imports of certain thermal paper originating in Japan
Date: 1993-07-29
Institutions: European Commission
Subjects: Japan, anti-dumping duty, dumping, facsimile, import, paper

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93) 397 final 

Brussels, 29 July  1993 

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Proposal  for a 

COUNCIL  REGULATION  (EECI 

modifying  Council Regulation  (EEC) No 729/92 

of  16 March  1992 

imposing  a definitive anti-dumping  duty 

on jjnports of certain thermal paper 

originating  in Japan 

(presented  by  the Commission) 

*$' 

£3& 

Explanatory  Memorandum 

1.  In March  1992, the Council  imposed definitive  anti-dumping  measures 
on imports of certain thermal paper  (ie. telefax paper) originating 
in Japan(1). 

2.  No  duties  were  applied,  however,  to  goods  manufactured  by  Jujo 
Paper  Co.,  Ltd.,  (hereafter  called  "Jujo")  as  this  company  was 
found not to be dumping. 

3.  In January  1993 the Commission was advised that Jujo would merge on 
1  April  1993  with  another  company,  Sanyo-Kokusaku  Pulp  Co., Ltd., 
(hereafter  called  "Sanyo  Kokusaku").  The  new  company  was  to  be 
called  Nippon  Paper  Industries  Company  Limited  (hereafter  called 
"Nippon  Paper"). 

4.  It  was  alleged  that  Sanyo-Kokusaku  did  not  produce  telefax  paper 
during  the  investigation  period  (1 April  to  31 December  1990) and, 
because  of  this,  Jujo's  exclusion  from  dumping  duties  should  be 
transferred  to the merged  company. 

5.  As this did not seem an unreasonable  request, on its own  initiative 
under  Art.  14  of  Regulation  (EEC)  No  2423/88(2)f  the  Commission 
decided to partially  review the measure  imposing  definitive duties. 

6.  Being  satisfied  that  Sanyo-Kokusaku  was  not  concerned  by  (or 
involved  in) the original dumping  investigation, it is now proposed 
that  the merged  company  of  which  Jujo  is now  part  should  continue 
to be excluded  from dumping measures. 

7.  It is also proposed that the exclusion take effect from the date of 

the merger  (ie. 1 April  1993). 

(1) OJ No L 81, 26.03.1992, p.l 
(2) OJ No L 209, 02.08.1998, p.l 

->!©... 

Proposal  for a 

Council Regulation  (EEC) No. 

of 

modifying council Regulation  (EEC) No  729/92 

of  16 March  1992 

imposing  a definitive anti-dumping  duty 

on imports of certain thermal paper 

originating  in Japan 

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  subsidised  imports  from  countries  not 

members  of  the  European  Economic  Community(*),  and  in  particular 

Article  14 thereof, 

After  consultations  within  the  Advisory  Committee  as  provided  for  by 

Regulation  (EEC) No 2423/88, 

Whereas : 

(1) OJ  No L 209, 02.08.1988, p.l 

2 -

A. Previous  procedure 

1.  The  Council  by  Regulation  (EEC) No  729/92(1),  imposed  a  definitive 

anti-dumping  duty  on  imports  of  certain  thermal  paper  (ie. telefax 

paper) originating  in Japan. 

2.  No  duties  were  imposed  on  goods  manufactured  by  Jujo  Paper  Co., 

Ltd.,  Tokyo  (hereafter  called  "Jujo") as this company  was  found not 

to be dumping. 

B. change of  legal entity 

3.  In  January  1993  the  Commission  was  advised  of  an  impending  merger 

between  Jujo  and  a  company  called  Sanyo-Kokusaku  Pulp  Co.,  Ltd., 

(hereafter  called  "Sanyo-Kokusaku"). These  two  companies  were  to 

merge,  on  1 April  1993,  into  one  called  Nippon  Paper  Industries 

Company  Limited. 

4.  It  was  alleged  that  Sanyo-Kokusaku  did  not  make  the  product  in 

question  during  the  investigation  reference  period  (1 April  to  31 

December  1990).  In view of  this, Jujo and Sanyo-Kokusaku  considered 

that  the  exclusion  from  the dumping  duties  for  Jujo  should  also be 

applied  to the company  resulting  from the merger. 

C. Procedure 

5.  On  the  basis  of  the  information  supplied  initially,  the  Commission 

took the view that  there were  sufficient  grounds  concerning  changed 

circumstances  to warrant  a partial review of the measures. 

(1) OJ No L  81, 26.03.1992, p.l 

-  3 -

6.  Having  requested  and  received  supplementary  information  from  the 

parties  concerned  and  other  sources,  the  Commission  is  satisfied 

that  Sanyo-Kokusaku was  not  a producer  of  telefax  paper  during  the 

investigation  reference  period. As  such,  it  is considered  that  the 

exclusion  from  anti-dumping  duty  for Jujo  should  be  transferred  to 

the  new  company,  Nippon  Paper  Industries  Company  Limited,  with 

effect  from  1 April  1993. This will have  the effect  that  any  anti 

dumping  duties  paid  in  respect  of  telefax  paper  manufactured  by 

Nippon  Paper  Industries  Company  Limited  will  refundable  under  the 

applicable  Customs Legislation. The Council confirms this view. 

7.  No  objections were  raised when  the  findings  of  the  proceeding  were 

disclosed to the Community  industry. 

D. Amendment 

8.  Regulation  (EEC)  No  729/92,  as  it  concerns  imports  of  certain 

thermal  paper  originating  in  Japan  and  manufactured  by  Jujo  Paper 

Co., Ltd., should accordingly  be amended, 

HAS ADOPTED THIS REGULATION 

Article 1 

Article  1.3  of council Regulation  (EEC) No 729/92  is hereby replaced by 

the following  : 

No  anti-dumping  duties  shall  apply  to  goods  manufactured  by 

Nippon Paper  Industries company Limited or Tomoegawa Paper Co., 

Ltd., Tokyo  (TARIC additional code  8600)." 

- 4 

Article 2 

This  Regulation  shall  enter  into  force  with  retroactive  effect  on  1 

April  1993. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 

applicable  in all Member  states. 

Done at Brussels, 

By the Council, 

-  s  -

ISSN 0254-1475 

COM (93) 397 final 

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ISBN 92-77-58713-X 

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