Proposal for a COUNCIL REGULATION (EC) imposing a definitive anti-dumping duty on imports of large aluminium electrolytic capacitors originating in the Republic of Korea and Taiwan
Date: 1994-05-19
Institutions: European Commission
Subjects: South Korea, Taiwan, anti-dumping duty, electronic component, import

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(94) 205 final 
Brussels,  19.05.1994 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

imposing a definitive anti-dumping duty on imports 

of large aluminium electrolytic  capacitors 

originating  in the Republic of Korea and Taiwan 

(presented  by  the Commission) 

EXPLANATORY MEMORANPU1 

By Regulation (EC) n° 371/94, published in OJ n° L 48 of  19 February  1994, the 
Commission imposed a provisional anti-dumping duty on imports of large 
aluminium electrolytic capacitors originating in the Republic of Korea and 
Taiwan. In the course of the Commission's investigation, none of the Korean 
producers and only one Taiwanese producer co-operated. 

Following the imposition of the provisional anti-dumping duty, comments were 
received only from the Taipei Economic and Cultural Office  and the sole co 
operating producer, Kaimei Electronic Corp. However, these comments, which 
were not supported by any new evidence, did not warrant a change to the 
preliminary  findings. Consequently, the preliminary determination is  confirmed. 

Therefore, the weighted average dumping margins definitively  established are : 

- Korea 
- Taiwan 

70.6% 

. Kaimei Electronic Corp. 
. Other companies 

10.7% 
75.8% 

4. 

5. 

Provisional measures took the form of an anti-dumping duty which was imposed 
for all producers at the level of the dumping margins established, since the level 
to remove injury  was higher. 

It is therefore proposed to impose a definitive  anti-dumping duty at the rates equal 
to the dumping margins given above and to collect in full  the amounts secured by 
way of the provisional duty. 

_  A Q L-

COUNCIL REGULATION  (EC) n° 

Of 

imposing a definitive anti-dumping duty on imports 

of large aluminium electrolytic  capacitors 

originating in the Republic of Korea and Taiwan 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European 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)7  and in particular 

Article  12 thereof, 

Having regard to the proposal submitted by the commission after 

consultation within the Advisory Committee, 

whereas : 

A. PROVISIONAL MEASURES 

(1) 

By Regulation  (EC) n* 371/94(2), the Commission imposed a 

provisional anti-dumping duty on imports of large aluminium 

electrolytic  capacitors originating  in Korea and Taiwan and 

falling within CN code ex 8532 22 00. 

(1) 
(2) 

OJ n° L 209,  2. 8. 1988, p.  1 
OJ n" L  48, 19. 2. 1994, p. 10 

- 2 -

B. SUBSEQUENT PROCEDURE 

(2) 

Following the imposition of the provisional anti-dumping duty, 

no comments were submitted to the Commission's  services by the 

non-cooperating parties concerned, except a memorandum by 

Taipei Economic and Cultural Office. No parties requested an 

opportunity to be heard by the Commission 

(3) 

The Taiwanese cooperating producer was informed of the 

essential facts and considerations on the basis of which it is 

intended to recommend the imposition of a definitive  anti 

dumping duty and the definitive collection of amounts secured 

by way of provisional duty. This company was also granted a 

period within which to make representations  subsequent to the 

disclosure. 

C. PRODUCT UNDER INVESTIGATION AND LIKE PRODUCT 

(4) 

Regarding the product under consideration, the Taipei Economic 

and Cultural Office disputed the commission's preliminary 

determination of dumping and injury in respect of LAECs 

originating  in Taiwan. It was argued that the information on 

which this determination was made was doubtful because only a 

few Taiwanese companies manufactured  large capacitors  subject 

to investigation, and because it was not possible to 

distinguish between small and large capacitors from Community 

import statistics. However, no new evidence was submitted to 

put into question the basis on which the preliminary 

determination was made. In fact, the Commission's  verification 

in Taiwan revealed the existence of several producers of large 

capacitors. As regard the like product, no new arguments have 

been presented. The findings of the Commission as set out in 

recitals 7 to 10 of Regulation n* 371/94 are hereby confirmed. 

-  3 -

D. DUMPING 

1. Normal value 

(5) 

No comments were received on the preliminary determination of 

the normal value. Therefore, for the purpose of definitive 

findings, normal value was established on the same basis and 

the same methods as those used in the provisional  determination 

of dumping. Recitals  11 to 15 of Regulation  (EC) n* 371/94 are 

therefore confirmed. 

2. Export price 

(6) 

No arguments were presented on the preliminary determination of 

the export price. The method used to establish export price, as 

set out in recitals  16 and  17 of Regulation  (EC) n* 371/94 is 

hereby confirmed. 

3. Comparison 

(7) 

The cooperating producer disputed some figures regarding 

freight costs and the rejection of an adjustment  for salaries 

paid to salesmen, but no evidence was received to warrant a 

change in the commission's provisional findings and 

conclusions. The findings and conclusions set out in recitals 

18 and  19 of Regulation  (EC) n° 371/94 are therefore confirmed. 

4 -

4. Dumping margins 

(8) 

No further arguments were submitted on the methodology used by 

the Commission in its preliminary determination. 

Therefore, the weighted average dumping margins definitively 

established and expressed as a percentage of the free-at-

Community-frontier price, are as follows : 

Korea : 

70.6% 

Taiwan 

- Kaimei Electronic corp. :  10.7% 

- Other Companies : 

75.8% 

E. COMMUNITY INDUSTRY 

(9) 

No arguments were presented regarding the definition of the 

Community industry. The findings of the Commission as set out 

in recitals 22 and 23 of Regulation (EC) n° 371/94 are hereby 

confirmed. 

F. INJURY 

(10) 

No new arguments were put forward to modify the Commission's 

preliminary conclusion on injury. Therefore, the findings and 

conclusion, as set out in recitals 24 to 42 of Regulation (EC) 

n* 371/94, are confirmed. 

-  5 -

G. CAUSATION OF INJURY 

(11) 

No arguments were presented to dispute the Commission's 

preliminary conclusions on the effect of the dumped imports on 

the Community industry, as set out  in recital 44 to 47 of 

Regulation  (EC) n* 371/94. Therefore, the Commission's 

conclusions are confirmed. 

H. COMMUNITY  INTEREST 

(12) 

As set out in recitals 49 to 51 of Regulation  (EC) n*  371/94, 

the interests of the Community industry and of the end-users 

were considered. As no new arguments were put forward in this 

connection, the findings of Regulation  (EC) n* 371/94 in this 

respect are confirmed. 

I. DUTY 

(13) 

Provisional measures took the form of an anti-dumping duty. The 

rates were set at the level of the dumping margins found since, 

as set out in recital 53 of Regulation  (EC) 371/94, the level 

necessary to remove injury was higher. 

As no new arguments were put forward in this respect, a 

definitive duty should be established at the levels of the 

dumping margins definitively determined  in recital  8 of this 

Regulation. 

-  6 -

J. COLLECTION OF THE PROVISIONAL DUTIES 

(14) 

in view of the dumping margins established  and the material 

injury caused to the Community  Industry, it is considered 

necessary that the amounts secured by way of the provisional 

anti-dumping duty should be definitively  collected, 

HAS ADOPTED THIS REGULATION : 

ARTICLE I 

A definitive anti-dumping duty is hereby  imposed on imports of large 

electrical capacitors, non-solid, aluminium electrolytic with a CV 

product  (capacitance multiplied by rated voltage) between  8 000 and 

550 000 uc  (micro-coulombs) at a voltage of  160 V or more, falling 

within CN code ex 8532 22 00  (Taric codes  : 8532 22 00*11, 8532 22 

00*13, 8532 22 00*91, 8532 22  00*93), and originating in the 

Republic of Korea and Taiwan. 

2. The rate of duty applicable to the net free-at-Community-frontier 

price, before duty, shall be as follows : 

Korea  : All companies 

70.6% 

Taiwan  : Kaimei Electronic Corp. 10.7% (additional Taric code  8773) 

other companies 

75.8% (additional Taric code 8774) 

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

- 7 -

ARTICLE 2 

The amounts secured by way of the provisional anti-dumping duty 

pursuant to Regulation (EC) n' 371/94 shall be definitively 

collected in full. 

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 all Member States. 

Done at Brussels, 

For the Council 

The President 

o — 

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