FOURTEENTH ANNUAL REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT ON THE COMMUNITY' S ANTI-DUMPING AND ANTI-SUBSIDY ACTIVITIES (1995)
Date: 1996-05-08
Institutions: European Commission
Subjects: activity report, anti-dumping legislation, anti-subsidy proceeding, dumping, third country

COMMISSION OF THE EUROPEAN  COMMUNITIES 

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Brussels,  08.05.1996 
COM(96)  146  final 

FOURTEENTH ANNUAL REPORT FROM THE  COMMISSION 
TO THE 
EUROPEAN  PARLIAMENT 

ON 

THE COMMUNITY'S ANTI-DUMPING AND ANTI-SUBSIDY  ACTIVITIES 

( 1 9 9 5) 

(14th Annual Report to Parliament - 1995) 

C O N T E N TS 

1.  INTRODUCTION 

2.  GENERAL OVERVIEW-MEASURES IN FORCE 

3.  INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS 

3.1.  Overview 
3.2.  Cases 
1. 
2. 

3. 
4. 
5. 

Footwear with textile uppers from the P.R. China and Indonesia 
Footwear with leather or synthetic uppers from the P.R. China, 
Indonesia and Thailand 
Disposable flint lighters from the Philippines and Mexico 
3.5" microdisks from Canada, Indonesia, Macao and Thailand 
Sacks and bags of polyethylene and polypropylene from India, 
Indonesia and Thailand 
Furfuryl alcohol from the P.R. China and Thailand 
Video cassette recorders from South Korea and Singapore and 
key components thereof from South Korea 
8. 
Polyester yarn from Malaysia 
Hydraulic excavators weighing more than six tonnes from South Korea 
9. 
10.  Unalloyed, unwrought zinc from Kazakhstan, Poland, Russia, Ukraine 

6. 
7. 

and Uzbekistan 
PET video film from  South Korea 

11. 
12.  Wood pallets from Poland 
13. 
14.  Glyphosate from the P.R. China 
15. 

Certain sections of iron or steel from the Czech Republic and Hungary 

Ring binder mechanisms from the P.R. China and Malaysia 

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PROVISIONAL MEASURES 
4.1.  Overview 
4.2.  Cases 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 

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Sodium carbonate (soda ash) from the U.S.A. 
12 
Microwave ovens from the P.R.  China, S. Korea, Thailand and Malaysia 
14 
Persulphates from the P.R.  China 
16 
Refractory  chamottes from the P.R.  China 
Powdered  activated  carbons from the P.R.  China 
17 
Butt-welded tube or pipe fittings from the P.R.  China, Croatia and Thailand  18 
19 
Coumarin from the P.R.  China 
20 
Bicycles from  Indonesia, Malaysia and Thailand 
22 
Microdisks from Malaysia, Mexico and the U.S.A. 
23 
Grain-oriented  electrical steel sheet from Russia 
24 
Unwrought  magnesium from Russia and Ukraine 

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5.  DEFINITIVE MEASURES 

5.1.  Overview 
5.2.  Cases 
1. 
2. 

Furfuraldehyde from the P.R.  China 
Colour television receivers from  Malaysia, the P.R. China, S. Korea, 
Singapore and Thailand 
Ammonium nitrate fertilizer  from  Russia 
Sodium carbonate (soda ash) from the U.S.A. 
Ferro-silico-manganese from  Brazil, Russia, S. Africa  and Ukraine 
Persulphates from the P.R.  China 

3. 
4. 
5. 
6. 

6.  TERMINATIONS  WITHOUT MEASURES 

6.1.  Overview 
6.2.  Cases 
1. 
2. 
3. 
4. 
5. 
6. 

Colour television receivers from  Turkey 
Watch movements from Malaysia and Thailand 
Ammonium nitrate fertilizer  frorm Lithuania 
Butt-welded  tube or pipe fittings from Slovakia and Taiwan 
Parts for  disposable lighters from  Japan 
Ferro-silico-manganese from Georgia 

' 

£ 

ANTI-DUMPING AND ANTI-SUBSIDY  INVESTIGATIONS  -
REVIEWS AND REOPENING OF INVESTIGATIONS 
7.1.  Overview 

1. 

2. 
3. 
4. 
5. 

Expiry reviews 
i)  Photocopiers from Japan 
Interim reviews 
"Newcomer" reviews 
"Absorption" reviews 
"Circumvention" reviews 

8.  SUSPENSION  OF MEASURES 

9.  MONITORING OF UNDERTAKINGS 

10.  REFUNDS 

11.  COURT OF FIRST INSTANCE 

11.1.  Overview 
11.2  New cases 
11.3  Judgements rendered 

1. 
2. 
3. 
4. 
5. 

Ball bearings : judgement  of 2 May  1995 
Outer rings of tapered  roller bearings (cups)  : judgement  of  14 July  1995 
Electronic weighing scales : judgement  of  14 September  1995 
Paint brushes  : judgements of  18 September  1995 
Potassium chloride (potash)  : judgement  of 28 September  1995 

12.  ANTI-SUBSIDY  INVESTIGATIONS  OF THIRD COUNTRIES  CONCERNING 

IMPORTS FROM EU.  MEMBER  STATES 

12.1  U.S.A. 

1. 
2. 

Pasta 
Steel 

12.2.  Argentina 

1. 
2. 

Canned peaches 
Olive oil 

12.3  Mexico 
Beef 
Pork 

1. 
2. 

^ 

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12.4  Canada 

1. 
2. 
3. 

Sugar 
Pasta 
Canned ham and luncheon meat 

12.5  Israel 

1. 

Pasta and baked goods 

12.6  New Zealand 

1. 

Spaghetti and baked beans 

12.7  Australia 

1. 
2. 

Diesel-fuelled  generators 
Canned tomatoes 

12.8  Bolivia 

13.  GATTAVTO ISSUES 

13.1  Dispute settlement proceedings 

GATTAVTO panel proceedings requested by the Community 
i)  Lead and bismuth steel bars 
ii)  Flat-rolled  steel products 

1. 

2. 

GATTAVTO proceedings requested by third countries against the Community 
i)  Audio cassettes 
ii)  Cotton yarn 

51 
51 

51 

14.  PROPOSAL FOR A NEW BASIC REGULATION 

15.  PERSONNEL AND ADMINISTRATION 

51 

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d 

FOURTEENTH 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  1995, but  for  the 
purpose  of  comparison,  the  number  of  anti-dumping  and  anti-subsidy  investigations 
initiated  and  concluded  by the  Community  in the  years  1991 to  1995, together  with a 
breakdown of the type of measures taken, are summarized in Table 1  below. 

For  1995, a  concise  commentary  on  each  case  opened,  each  provisional  and  definitive 
measure taken, 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  1995, the Community had  147 measures in force,  10 of which were in the 
form of undertakings where no residual duty was in application.  Of these  147 measures, 
129 were  original  measures  and  17 were  maintained  following  a  review  in  accordance 
with article 15 of Council Reg. (EEC)No. 2423/88.  It is, however, very important to note 
that these measures affect  only 0.83% of the total of  imports to the Community. 

Of all of the measures in force at the end of 1995, 56 or 38.3% of the total were imposed 
against  the  then  state  trading  countries5,  including  the  P.R.  China  with  30  measures. 
Since  1991, measures  have  been  imposed  in  respect  of  Central  and  Eastern  European 
countries (CEECs) in only  11 cases altogether.  The other countries most involved since 
1991 were Japan with 12 measures, S. Korea with 9, Turkey with 7 and Taiwan with 6. 

Previous reports were given in COM(83)519 final/2; COM(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; COM(95)16 final and COM (95)309  final 
In accordance with Council Reg. (EEC)No. 2423/88, OJ L 209 of 02.08.1988, replaced by Council 
Reg. (EC)No. 3283/94, OJ L 349 of 31.12.1994 ; and Commission Decision No. 2424/88/ECSC, 
OJL 209 of 02.08.88. 
OJno. C l l,  18.01.82, p. 37 
PE 141.178/fin of 30.11.1990, rapporteur Mr. Gijs DE VRIES 
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. 

TABLE  1 

Anti-dumping  and anti-subsidy  investigations 
during the period  1 January  1991 - 31 December  1995 

1991 

1992 

1993 

1994 

1995 

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 
Provisional duties  imposed during 
the  period 

59 

20 

79 

19 
3 
1 
-
6 
4 
33 

46 

19 

46 

39 

85 

16 
-
1 
-
4 
7 
28 

57 

18 

57 

21 

78 

19 
-
1 
-
1 
6 
27 

51 

16 

51 

43 

94 

19 
2 
5 
-
1 
2 
29 

65 

25 

65 

33 

98 

13 
-' 
-
-
4 
4 
21 

77 

21 

A« 

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,  representing  26.9%  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  1995, 33  investigations were initiated  involving imports  from  18 countries.  The 
People's  Republic  of  China  featured  most  prominently,  with  5  initiations,  closely 
followed  by Indonesia,  South Korea  and  Thailand  with 4 initiations  apiece.  Details 
of these initiations are given in Annex A. 

In  the  five-year  period  from  1991  to  1995,  156  investigations  were  initiated 
involving imports from 38 countries.  The countries most involved were the People's 
Republic  of  China  with  26  investigations,  Thailand  with  12,  S.  Korea  with  10 and 
The 
Indonesia,  Japan,  Malaysia  and  Russia  with  8  investigations  each. 
investigations initiated  over the last five years are broken down by country of export 
in Annex F. 

The  sectors  most  involved  in  these  investigations  during  the  period  1991  -  1995 
were  those  of  electronics,  chemicals  and  textiles,  with  35,  26  and  22  initiations 
respectively.  Indeed,  in  1995,  the  largest  number  of  initiations  took  place  in  the 
electronics  sector,  which  has  also  featured  strongly  in the  four  previous  years.  A 
breakdown by product  sector is given in Annex G. 

A summary of each investigation opened in  1995  can be found  below. 

3.2.  CASES 

3.2.1.  Footwear  with textile uppers from the P.R. China and Indonesia 

The  notice  of  initiation  of  an  anti-dumping  proceeding  was  published  on  the  22 
February  1995  with  regard  to  imports  into  the  Community  of  certain  footwear 
with  textile  uppers  originating  in  the  People's  Republic  of  China  and  Indonesia. 
The  proceeding  was  initiated  following  a  complaint  lodged  by  the  European 
footwear 
Confederation  of  Footwear  Manufacturers  on  behalf  of  national 
federations  whose members  allegedly  represent  a major  proportion  of  Community 
production. 

The  complaint  contained  evidence  of  significant  dumping  based,  in  the  case  of 
Indonesia,  on  a  comparison  of  prices  charged  for  export  to  the  Community  with 
domestic prices of the like product  in Indonesia, and in the case of the PR.  China, 
on the basis of a comparison  of export prices with the domestic prices charged  for 
the  like  product  in  Thailand,  the  latter  being  considered  to  be  an  appropriate 
analogue market for  China. 

With  regard  to  injury,  it  was alleged  that  the  market  share  of these  two  countries 
had increased from 25.2% to 44.3% between  1990 and  1993, and that this increase 
in market  share was accompanied  by substantial  price undercutting.  It  was  further 
claimed that  the market  share of the Community industry, together with its  profits 
and  production  had  decreased  significantly.  In  addition,  decreases  in  employment 
and plant closures were alleged. 

3.2.2.  Footwear  with leather or synthetic uppers from P.R.  China. Indonesia and 

• 

Thailand 

The  notice  of  initiation  of  a  proceeding  was  published  on  the  22  February  1995 
with  regard  to  footwear  with  leather  or  synthetic  uppers  originating  in the  P.  R. 
China,  Indonesia  and  Thailand.  The  complaint  had  also  been  lodged  by  the 
European  Confederation  of  Footwear  Manufacturers  on  behalf  of  national 
footwear  federations,  whose  members  allegedly  represent  a  major  proportion  of 
Community  production. 

The  complaint  contained  evidence  of  significant  dumping  based  on  a  comparison 
of the prices charged  for  export  to the Community  and domestic prices of the  like 
product  in  Indonesia  and  Thailand,  the  latter  being  considered  an  appropriate 
reference  country for  China. 

With  regard  to  injury,  it  was  alleged  that  the  market  share  of  the  three  countries 
concerned  increased from  7% in  1990 to 20.6% in 1993 and that this market  share 
increase  was  accompanied  by  substantial  price  undercutting.  The  consequent 
impact  on  the  Community  industry  is  alleged  to  be  decreased  production  and 
employment, together with decreasing profitability  and plant closures. 

3.2.3.  Disposable flint lighters from the Philippines and Mexico 

The notice of initiation  of an anti-dumping  proceeding was published  on  18 March 
1995  with  regard  to  imports  of  gas-fuelled,  non-refillable  pocket  flint  lighters 
originating  in the  Philippines  and  in Mexico,  following  two  complaints  lodged  by 
several  Community  producers  allegedly  acting  on behalf  of  a major  proportion  of 
Community production. 

The complaints  contained  evidence of  significant  dumping based  on  a  comparison 
of  export  prices  to  the  Community  with  domestic  prices  in the  Philippines  and  in 
Mexico. 

With regard  to  injury,  it was alleged  that  the Filipino  exporters'  market  share had 
substantially  increased, from 0.6% in  1989 to more than  5% in  1993, and  that  the 
Mexican  exporters' share, starting from zero  in  1989, had reached  6%  in  1993.  It 
was furthermore  alleged that this increase had been achieved  by low  export  prices 
undercutting  those  of  the  Community  industry,  which  caused  the  latter  to  lose 
market share, face price depression and incur financial losses. 

3.2.4.  3.5" Microdisks from Canada. Indonesia. Macao and Thailand 

The* notice  of  initiation  of  an  anti-dumping  proceeding  was  published  on  6  April 
1995 with  regard  to  imports  of  3.5"  microdisks  originating  in Canada,  Indonesia, 
Macao and Thailand, following  a complaint  lodged by the Committee of European 
Diskette Manufacturers  (DISKMA), which was also the complainant  in three prior 
proceedings; the first involved  Japan,  Taiwan  and  the  People's  Republic  of  China 
(definitive  duties  in  October  1993);  the  second,  Hong  Kong  and  South  Korea 
(definitive  duties  September  1994);  the  third,  Malaysia,  Mexico  and  the  United 
States (provisional duties in October  1995 - see Section 4.2.10 of this report). 

The  complaint  contained  evidence  of  substantial  dumping  based  on  a  comparison 
between  export  prices  to  the  Community  and  normal values  constructed  for  each 
of the countries concerned  on the basis of average  and typical  production  costs in 
Canada,  plus  a  reasonable  profit  margin.  For  Indonesia,  Macao  and  Thailand, 
adjustments  were made to reflect  differences  in production costs. 

With  regard  to  injury,  it  was  claimed  that  imports  from  the  countries  concerned 
had  increased  significantly  both  absolutely  and  in  terms  of  market  share.  It  was 
further  alleged  that  the  volumes  and  prices  of  the  imported  products  had  had  a 
negative  impact  on  the  Community  industry's  prices,  which,  together  with  other 
effects,  had adversely and substantially affected  the industry's financial situation. 

3.2.5.  Sacks and bags of polyethylene and  polypropylene originating in India. Indonesia 

and Thailand 

The notice  of initiation  of an anti-dumping  proceeding  was  published  on  13 April 
1995  with  regard  to  imports  of  bags  and  sacks  made  of  polyethylene  or 
polypropylene  originating  in India,  Indonesia  and  Thailand,  following  a  complaint 
lodged by the European Association fbr  Textile Polyolefins  (EATP). 

The product  allegedly being  dumped  is woven  sacks and bags of a kind used  for  a 
packaging  of  goods,  not  knitted  or  crocheted,  obtained  from  a  polyethylene  or 
polypropylene strip or the like of woven fabrics weighing  120gr/m2 or less. 

The  complaint  contained  evidence  of  significant  dumping  based  on  a  comparison 
cf normal value established  on the basis cf constructed  value with the export  price 
of the product  concerned to the Community. 

With  regard  to  injury,  it  was  alleged  that  the  three  countries  cited  significantly 
increased 
their  imports  in  absolute  terms  and  in  terms  of  market  share.  The 
volume  and  prices  of  the  imported  products  have  had  a  negative  impact  on  the 
quantities  sold  and  price • charged  by  the  Community  producers,  which  has,  in 
turn,  had a substantial  adverse impact  on the financial situation  of the  Community 
industry. 

3.2.6.  Furfuryl  alcohol originating in the PR.  China and Thailand 

The notice of initiation  of an anti-dumping  proceeding  was  published  on  19 April 
1995  concerning  the  imports  into  the  E.U.  of  furfuryl  alcohol  originating  in  the 
People's  Republic  of  China  and  Malaysia.  The  complaint  was  lodged  by  Quaker 
Oats  Chemicals  (Q.O.),  allegedy  acting  on  behalf  of  a  major  proportion  of 
Community industry. 

The produuct  concerned  is furfuryl  alcohol (FAA), which is a chemical  commodity 
belonging  to  the  compound  family  called  "furans".  It  is mainly  used  in  the  resin 
manufacturing  industry and, in a higher purity state, in the pharmaceutical  industry. 

The  complaint  contained  evidence  of  significant  dumping  based  on  a  comparison 
of export  prices of the  product  concerned  to  the  Community  and  the  constructed 
normal  value  in  Thailand,  the  latter  also  being  considered  as  an  appropriate 
analogue country for the People's Republic of China. 

With  regard  to  injury,  it  was  alleged  that  the  combined  market  share  of  the  two 
countries  concerned  had  risen  from  slightly  over  0%  in  1988  to  18.9%  in  1991. 
The  complainant  estimated  that  the  market  share  of  the  two  countries  cited 
reached  16.1% in  1993  and  projected  that  this  share would  reach  28.9% in  1994. 
It  was,  furthermore,  claimed  that  Community  prices  were  being  signficantly 
undercut  and  that  an  overall  price  suppression  was  taking  place.  The  complaint 
claimed  that,  as  a  consequence,  the  Community  industry  was  suffering  reduced 
capacity utilization  and declining sales. 

3.2.7.  Video cassette recorders originating in South Korea and Singapore and key 

components thereof originating in South Korea 

The  notice  of initiation  of  an  investigation  was published  on  25  April  1995  with 
regard  to  imports  of  video  cassette  recorders  (VCRs)  from  S.  Korea  and 
Singapore  and  certain  key  components  thereof  (i.e.  scanners  and  video  heads) 
originating  in  S. Korea.  The  complaint  was lodged  by the Direct  Remedy  against 
Unfair Merchandise Committee (DRUM). 

The  complaint  contained  evidence  of  significant  dumping.  The  allegation  of 
dumping  for  VCRs  was  based  on  a  comparison  of  normal  values  based  on 
to  the 
domestic  prices  with  the  export  prices  of  the  product  concerned 
Community.  The  allegation  of  dumping  for  key  components  was  based  on 
comparing  constructed  normal  values  with  constructed  export  prices  of  the 
products concerned. 

With  regard  to  injury,  it  was  alleged  that  VCR  imports  from  S.  Korea  and 
Singapore  increased  significantly  in  absolute  terms  and  in terms  of  market  share, 
and  that  this  increase  was  accompanied  by  substantial  price  undercutting.  The 
volume and prices of imported  VCRs were claimed  to  have had  a negative  impact 
on  the  quantities  sold  and  prices  charged  by  the  Community  producers,  which, 
together  with  other  effects,  have  had  a  substantial  adverse  effect  on  the financial 
situation of the Community industry. 

For  key  components,  the  complainant  provided  evidence  that  imports  from  S. 
Korea  increased  significantly  and  that  the  volume  and  prices  of  the  imported 
products  has  had  a  negative  impact  on  the  quantities  sold  and  prices  charged  by 
In  combination  with  other  effects  this  has  had  a 
the  Community  producers. 
substantial adverse effect  on the financial situation of the Community industry. 

3.2.8.  Polyester yarn from Malaysia 

The notice  of initiation  of an  anti-dumping  proceeding  was  published  on  19 April 
1995 with regard to imports into the EU  of polyester  yarn originating  in Malaysia, 
following  a  complaint  lodged  by  the  International  Rayon  and  Synthetic  Fibres 
Committee (CIRFS). 

The  product  allegedly  being  dumped  is  polyester  textured  filament  yarn  (PTY), 
which is used both in the weaving and knitting sectors. 

The  complaint  contained  evidence  of  significant  dumping  based  on  a  comparison 
between the domestic prices in Malaysia and export  prices to the Community. 

With  regard  to  injury,  it  was  claimed  that  imports  from  Malaysia  increased 
significantly  in absolute terms and in terms of market  share.  It was further  alleged 
that the volume and prices of the imported products have had a negative impact  on 
the quantitites sold and prices charged by the Community producers which, 
together  with  other  effects,  such  as  reduction  in  sales  and  profits,  have  had  a 
significant  adverse impact on the state of the Community  industry. 

3.2.9.  Hydraulic excavators weighing more than six tonnes from  South Korea 

The notice  of  initiation  of  an  anti-dumping  proceeding  was  published  on  12 May 
1995 with regard  to  imports of hydraulic  excavators weighing  more than  6 tonnes 
originating  in  the  Republic  of  Korea,  following  a  complaint  lodged  by  the 
Committee  for  European  Construction  Equipment  (  CECE),  allegedly  acting  on 
behalf of a major  proportion  of Community  production. 

tracklaying  and  other  hydraulic 
The  products  concerned  are  self-propelled 
excavators  weighing  more  than  six  tonnes  and  having  a  360°  revolving 
superstructure. 

The  complaint  contained  evidence  of  significant  dumping  on  the  basis  of  a 
comparison  of normal  value  established  on  domestic  prices with the  export  prices 
of the product  concerned  to the Community . 

With  regard  to  injury,  it  was  alleged,  and  evidence  was  provided,  that  imports 
from  the  Republic  of Korea  increased  significantly  in absolute terms  and  in terms 
of market  share.  It was further  alleged that the volume  and prices  of the  imported 
products  had  had  a  negative  impact  on  the  quantities  sold  and  prices  charged  by 
the  Community  producers,  which,  together  with  other  effects,  had  had  a 
substantial  adverse impact on the financial  situation of the Community industry. 

3.2.10. Unalloyed, unwrought  zinc from Kazakhstan. Poland. Russia. Ukraine and 

Uzbekistan 

This anti-dumping  proceeding was initiated  on 9 June  1995 following  a complaint 
lodged by  Eurometaux  (Association Européenne des Métaux Non-Férreux). -

The  product  allegedly  being  dumped  is unalloyed,  unwrought  zinc,  identifiable  as 
super  high  grade,  SHG,  (with  a minimum  zinc  content  of 99.995%),  high  grade, 
HG,  (with  a  minimum  zinc  content  of  99.9%)  and  good  ordinary  brand,  GOB, 
(with a minimum zinc content  of 98.5%). 

The  allegation  of  dumping  is  derived  from  a  comparison  of  normal  value 
established  on the basis of domestic  prices in Poland  with the  export  prices of the 
product  concerned  to  the  Community.  On this basis,  substantial  dumping  margins 
are alleged  for Poland. 

In  view  of  the  fact  that  Kazakhstan,  Russia,  Ukraine  and  Uzbekistan  are  non-
market  economy countries, normal value was established on the basis of the price 
in  Poland  as  an  appropriate  market-economy  third  country  for  the  purpose  of 
establishing normal value. 

The  allegation  of  dumping  for  the  non-market  economy  countries  is  based  on  a 
comparison  of  normal  value  for  each  country,  as  set  out  above,  with  the  export 
prices  of  the  product  concerned  for  each  country  when  sold  for  export  from 
Kazakhstan, Russia,  Ukraine  and Uzbekistan to the Community.  On this basis, the 
dumping margins calculated  are allegedly substantial. 

The  complainant  alleged,  and  provided  evidence,  that  imports  from  Kazakhstan, 
Poland,  Russia,  Ukraine  and  Uzbekistan  had  increased  significantly  in  absolute 
terms and terms of market  share. 

It  was  further  alleged  that  the  volume  and  prices  of  the  imported  products  had, 
among other  consequences,  a negative impact  on the quantities sold and the  prices 
charged  by  the  Community  producers,  resulting  in a  substantial  adverse  effect  on 
the financial situation of the Community industry. 

3.2.11.  PET video film from  the Republic of Korea 

On  14  June  1995,  the  notice  of  initiation  of  an  anti-dumping  proceeding  was 
published with regard to imports into the E.U.  of PET video film originating in the 
Republic  of  Korea.  The  complaint  had  been  lodged  by  Hoechst  Diafoil  GmbH, 
Rhône-Poulenc  Films  and  Teijin-Dupont  Films,  three  companies  allegedly 
representing  100% of Community production.  PET video film is a special type  of 
polyester-based film used in the manufacture  of video tape. 

The allegation  of dumping  contained  in the  complaint  was based  on  a  comparison 
of normal value established  on the basis of Korean domestic prices with the export 
prices of the product  concerned to the Community. 

With  regard  to  injury,  the  complainants  claim  that  imports  from  Korea  had 
increased from 200 tonnes in  1990 to  5,800 tonnes in  1994, whilst the  share of the 
Community  market  held  by  these  imports  increased  from  1%  to  approximately 
16.1% during the same period. 

The low level of price of the Korean products  allegedly had  a depressing  effect  on 
the  prices  of the  Community  industry,  which  decreased  substantially  even  though 
the  cost  of  the  main  raw  materials  used  to  manufacture  PET  video  film  strongly 
increased  in  1993  and  1994.  The  consequent  impact  on the  Community  industry 
was claimed to be felt  in the form  of lost market  segments in an expanding  market, 
unsatisfactory  rates of capacity utilization and very unsatisfactory  financial  results. 

3.2.12. Wood pallets from  Poland 

An anti-dumping  proceeding  concerning  the import  into the E.U.  of flat pallets  of 
wood  originating  in  Poland  was  initiated  on  13  July  1995,  subsequent  to  a 
complaint  lodged  by  Anton  Heggenstaller  AG of Germany,  and  supported  by  the 
European Federation of Pallet and Wood Packaging Manufacturers  (FEFPEB). 

The complaint  contained  evidence  of  substantial  dumping based  on  a  comparison 
of constructed  normal value in Poland with export prices to the Community. 

The  evidence  of  injury  alleged  in  the  complaint  showed  a  significant  increase  in 
absolute terms  and  in terms  of market  share  of the Polish imports.  The  prices  at 
which these products were sold on the Community market allegedly had  a negative 
impact on the quantities sold and the prices charged by the Community producers. 

This  proceeding  is  characterized  by  the  large  number  of  exporters  in  Poland,  as 
well as of Community producers, requiring recourse to sampling techniques. 

3.2.13. Certain sections of iron or steel from the Czech Republic and Hungary 

The  notice  of  initiation  of  an  anti-dumping  proceeding  was  published  on  14  July 
1995 with  regard  to  imports  into the E.U.  of certain  sections  of iron  or  non-alloy 
steel originating in the Czech Republic and Hungary, following  a complaint  lodged 

by  the  European  Confederation  of  Iron  and  Steel  Industries  (EUROFER), 
allegedly  acting  on  behalf  of  producers  representing  a  major  proportion  of 
Community  production. 

The products  concerned  are  certain  U-  or  I-sections (ECSC)  of iron  or  non-alloy 
steel,  not  further  worked  than  hot-rolled,  hot-drawn  or  extruded,  of  a  height  of 
80mm more but not exceeding 300mm. 

The  complaint  contained  evidence  of  significant  dumping  on  the  basis  of  a 
comparison  of constructed  normal  value in the  Czech Republic  and Hungary  with 
the export prices of the product  concerned to the Community. 

With  regard  to  injury,  it  was  alleged,  and  evidence  was  provided,  that  imports 
from the Czech Republic and Hungary increased  significantly  in absolute terms and 
in terms  of market  share.  It  as  further  alleged  that  the  volume  and  prices  of  the 
imported  products  had  had  a  negative  impact  on  the  quantities  sold  and  prices 
charged  by the  Community  producers,  resulting  in a  substantial  adverse  effect  on 
the financial  situation of the Community industry. 

3.2.14. Glyphosate from the P.R.  China 

The notice of initiation  was published  on  13 October  1995 with  regard  to  imports 
of glyphosate from the People's Republic  of China.  The complaint  was  lodged by 
Monsanto Europe  SA/NV with the support  of Cheminova Agro A/S. 

Glyphosate  is  used  as  a  herbicide  in  the  Community.  Glyphosate  is  also  used 
extensively in non-crop  situations, such as industrial  and municipal applications.  It 
is also a very popular herbicide for use by the home-owner. 

The complaint  contained  evidence of significant  dumping.  In view of the fact  that 
the People's Republic  of China is a non-market  economy  country, the  complainant 
proposed  that  normal  value  be  established  on  the  basis  of  the  price  or  the 
constructed  value  in  a  market  economy  third  country.  For  this  purpose  the 
complainant  chose  Brazil.  The  allegation  of  dumping  was based  on  a  comparison 
of normal value as set  out  above, with the export  prices of the  product  concerned 
to the Community. 

With  regard  to  injury,  it  was  alleged  that  glyphosate  imports  from  the  People's 
Republic  of China increased  significantly  in absolute terms  and  in terms  of market 
share,  and  that  this  increase  was  accompanied  by  substantial  price  undercutting. 
The  volume  and  prices  of  imported  glyphosate  were  claimed  to  have  had  a 
negative  impact  on  the  quantities  sold  and  prices  charged  by  the  Community 
producers, which, together with other effects,  have had a substantial adverse  effect 
on the financial  situation of the Community industry. 

3.2.15. Ring binder mechanisms from the PR.  China and Malaysia 

The  notice  of  initiation  of  an  antidumping  proceeding  was  published  on  28 
October  1995 with regard to imports of certain ring binder mechanisms  originating 
in  Malaysia  and  the  People's  Republic  of  China,  following  a  complaint  by  two 
Community producers  said to represent  about 90% of the Community  production. 

The products  concerned  are ring binder  mechanisms used  as fittings  for  loose-leaf 
binders  or  files,  but  excluding  lever  arch  mechanisms,  and  consisting  of  two  or 
more round, arched or D-shaped  sturdy metal rings. 

With regard  to Malaysia, the complaint  contained  evidence  of  significant  dumping 
established  by comparing  export prices to the Community to  a constructed  normal 
value based  on the estimated  production costs in Malaysia plus a profit  margin. 

Since  the  People's  Republic  of  China  is  a  non-market  economy  country;  the 
complaint  presented  evidence  of  significant  dumping  based  on  a  comparison 
between Chinese export  prices to the Community and the constructed  normal 
value  in  Malaysia,  which  was  claimed  to  be  the  most  appropriate  analogue 
country. 

With  regard  to  injury,  it  was  alleged  that  the  market  share  of  the  two  exporting 
countries increased from 26% in  1991 to 39% in  1994, and that the prices at which 
the imports  came into  the  Community  undercut  those  charged  by the  Community 
producers  by between  24% and  58% for  the Chinese  products,  and  between  14% 
and  54%)  for  those  of  Malaysian  origin,  despite  a  decrease  in  the  Community's 
industry  prices by up  to  70% over the last  4 years.  This is claimed  to  have had  a 
deleterious effect  on the financial  situation of the Community producers. 

This  proceeding  is  the  first  to  be  initiated  under  the  new  provisions  concerning 
time limits in antidumping investigations. 

4.  PROVISIONAL  MEASURES 

4.1.  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, 
under Council Regulation (EC) No. 2423/88, a normal period  of validity of four 
months, which may, under certain circumstances, be extended  for  a further  two 
months.  Council Regulation (EC) No. 3283/94, which came into force  on  1 January 
1995 and governs all new investigations initiated after that date, provides that 
provisional duties may be imposed for  six months and extended for a further  three 
months, or they may be imposed  for a nine-month period.  However, they may only 
be extended  or imposed for a nine-month period where exporters representing a 
significant  percentage of the trade involved  so request, or do not object  upon 
notification  by the Commission. 

10 

During  1995, 21 provisional duties were imposed.  As shown in Table  1, this figure 
compares to 25 in  1994 and  16 in 1993.  These provisional measures cover a wide 
range of product types and origins. 

Details of the provisional duties imposed in  1995 are given in Annex B, whilst this 
section of the report gives a summary of each of these cases. 

4.2.  CASES 

4.2.1  Sodium carbonate (soda ash) from the U.S.A. 

On  13 April  1995, a provisional anti-dumping duty was imposed on imports into 
the Community of sodium carbonate (soda ash) originating in the United  States of 
America. The proceeding had been initiated on 6 August  1993, following a 
complaint  lodged by the European Chemical Industry Council (CEFIC). 

Dumping 

Dumping margins ranged from  0.1% to  14.3%. For non cooperators, the highest 
dumping margin found,  14.3%,  was considered  appropriate. 

Normal values for  six of the seven  American producers were determined on the 
basis of the profitable  sales on the domestic market in accordance with Article 
2(3)(a) of  Regulation (EEC) N° 2423/88. 

For one exporter, the volume of sales on the domestic market in the ordinary 
course of trade was less than 5% of the volume of exports of the product to the 
Community since most sales were made to related parties. Therefore,  the normal 
value was constructed  in accordance with Article 2(3)(b)ii of the basic Regulation. 

Export prices were in general established on the prices actually paid or payable  for 
the product  sold for export to unrelated parties in the Community. 

Where there were sales to related parties in the Community, export prices were 
constructed  in accordance on the basis of the prices at which the imported  product 
was first resold to independent buyers in the Community. 

Injury 

With regard to injury, it was found  that the volume of imports into the Community 
rose substantially, representing an increase in market  share from  0.8% in  1990 to 
8.3% in the first half of  1993, whereas the market  share of the Community 
industry decreased from 96% to 88% over the same period. 

After  examination of all the elements affecting  the Community industry, the 
Commission concluded that the latter was suffering  material injury,  characterised 
mainly by the decline in market  share, the deterioration of financial  results and 
employment  cutbacks. The prevailing situation had also forced  the Community 

11 

producers to reduce production and production capacity and in some cases to shut 
down plants. 

As far as causation was concerned, it was established that the injury  suffered  by 
the Community industry coincided with the increase of the dumped imports from 
the USA. With regard to other factors, it was concluded that the dumped  imports 
from the USA, taken in isolation, had, via their increased market penetration and 
price undercutting of up to  15% caused injury which had to be regarded  as 
material. 

Community interest 

After  examining the various interests involved, and in particular the position of the 
major  processing industry, the glass industry, it was established that the adoption 
of the measures would re-establish fair competition by eliminating the injury 
caused by dumping. Furthermore, the impact of the anti-dumping duties on the 
prices of glass was considered to be minimal. 

Accordingly, it was concluded that to leave the Community soda ash industry 
without protection against this unfair  competition would not be in the interest  of 
the Community and that the Community interest  called for the imposition of anti 
dumping measures. 

Measures 

The level of injury  suffered  was in some cases lower than the dumping margins 
found.  Therefore, the anti-dumping duties imposed were based on the lower level 
found  for  each company, ranging from  5.4% to  14.3%, with the exception of one 
company to which no duty was applicable.  See section 5.2.4. below with regard 
to definitive measures taken in this case. 

4.2.2.  Microwave ovens from the P.R.  China. S. Korea. Thailand and Malaysia 

On 8 July  1995, provisional anti-dumping duties were imposed  on imports into the 
Community of microwave ovens originating in the People's Republic of China, the 
Republic of Korea, Thailand and Malaysia.  The investigation had been initiated  on 
18 December  1993 following  a complaint lodged by the Groupement 
Interprofessionnel  des Fabricants d'Appareils Electroménagers. 

Dumping 

Dumping margins ranged from 4.8% to 32.8% for the cooperating producers in 
Korea, and were 31.7% for the cooperating Malaysian producer, 20.3% for  the 
Thai cooperating producer and 20.8% for the P.R.  China. Given the high level of 
non-cooperation for  microwave ovens originating in Thailand, a residual duty of 
31.8% was imposed, based on the highest weighted average dumping margin 
found  for the cooperating producer with regard to an individual microwave oven 
segment. 

12 

The Republic of Korea was selected  as an analogue country for the determination 
of normal value for the P.R.  China. 

Normal values for Thailand and Malaysia were constructed  on the basis of the 
costs of manufacturing  of the cooperating producers plus a reasonable amount  for 
selling, general and administrative expenses and profit based on the profitable  sales 
of the Korean producers, as none of the Malaysian and Thai companies concerned 
had domestic sales. 

For the Korean producers who had sufficient  domestic sales in the ordinary course 
of trade on their domestic market, normal value was either based on the price 
actually paid or payable for comparable models, or constructed  for those models 
exported which were not comparable to models sold on their domestic market by 
using the costs of manufacturing  of the exported models plus the selling, general 
and administrative expenses and profit  of the producers concerned. For the Korean 
producer who had sufficient  domestic sales to permit a proper comparison, but 
where it was found  that those sales were not in the ordinary course of trade, 
normal value was constructed  by using its costs of manufacturing  plus its selling, 
general and administrative expenses and a reasonable margin for profit  established 
as the average of other Korean companies which had profitable  sales on the 
domestic market. For the Korean producer which had no domestic sales on the 
Korean market, normal value was constructed by using its manufacturing  costs, 
while selling, general and administrative expenses and profit  were established  as 
the average of other Korean producers which had profitable  sales on the domestic 
market. 

Export  prices were either based  on prices actually paid or payable for the products 
sold for  export to unrelated parties in the Community, or constructed  on the basis 
of the prices at which the imported  ovens were resold to the first  independent 
buyer. This was done where sales were made via related parties in the Community, 
which was the case for a number of Korean producers. 

In order to permit a fair comparison between the normal values and the export 
prices, allowance was made for all factors  affecting  price comparability. 

Injury  and  causation 

After  examining all the elements affecting  the Community industry, the 
Commission concluded  that the latter was suffering  material injury,  particularly 
visible in the form  of deteriorating financial results which turned into substantial 
and increasing losses and in the form  of a decrease in market  shares. 

Import  prices were found  to have undercut the prices charged by the Community 
producers by margins ranging from 21% to 40%. 

As far as causation was concerned, it was established that the injury  suffered  by 
the Community industry  coincided with an increase in volume and market  share of 

13 

the low priced dumped imports. No other major factors were identified  that could 
have caused the injury  suffered  by the Community industry. 

Community interest 

With regard to Community interest, it was considered that the adoption of 
measures was necessary in order to re-establish effective  competitive conditions on 
the Community market  and to eliminate the injurious  effects  of the dumped 
imports which might jeopardize the viability of the production of microwavee 
ovens by the complaining industry. The dumped  imports would also directly  affect 
suppliers of components and spare parts, and could indirectly affect  the whole 
sector of household  appliances. 

Measures 

Since the level of injury found  exceeded the dumping mai gins, the provisional 
duties were imposed at the level of the latter. For Korea, the provisional  duties 
imposed ranged from 4.8% to 32.8%, the provisional duty for the cooperating 
Malaysian producer was 31.7%, 20.3% for the Thai cooperating producer and 
20.8%) for the P.R.  China. As explained above, a residual duty of 31.8% was 
imposed for non-cooperating  Thai producers. 

4.2.3.  Persulphates from the P.R.  China 

On  17 July  1995, a provisional anti-dumping duty was imposed  on imports into the 
Community of persulphates originating in the People's Republic of China. The 
investigation  had been initiated  on 2 March  1994, subsequent to a complaint 
lodged by the European Chemical Industry Council (CEFIC) representing the 
totality of Community producers. 

The Commission found  that the three different  types of persulphates  (ammonium, 
sodium, potassium) should be treated  as one single product because the three 
different  types are perfectly  interchangeable. The Commission also concluded that 
persulphates produced  in tne Community and the reference  countrry, Japan, were 
alike to pei sulphates produced  in the People's Republic of China, persulphates of 
the^e origins being identical on a type-by-type basis in their chemical  composition 
and in their applications. 

Dumping 

As the People's Republic of China is a non-market  economy country, the 
determination of normal value had to be based on market economy country.  The 
complainant  suggested the USA as reference  country. However, the producer in 
the USA refused  to co-operate with the Commission. The Commission then 
contacted  to other known producers of persulphates in Taiwan, Turkey, Japan, 
India and Mexico. Producers in Turkey and Japan agreed to co-operate with the 
Commission.  The total production of persulphates by the sole producer in Turkey 
was found  to be limited. On the other hand, Japan was found  to be the second 

14 

largest producer of persulphates in the world, and the presence of two independent 
producers was likely to ensure competition on the Japanese market. All three types 
of persulphates were produced  in Japan using the same manufacturing  process as 
in the People's Republic of China. Based on information  submitted by the two 
Japanese companies willing to co-operate with the Commission, normal value was 
established  on the basis of the net selling price at which the like product was sold 
in Japan. 

Export prices for co-operating exporters were established on the basis of sales to 
unrelated importers actually paid or payable for the products sold for export to the 
Community by the co-operating exporters. 

The Commission decided to establish export prices for the non-cooperating 
exporters on the basis of the export prices of the two cooperating exporters, in 
accordance with Article 7 (7) (b) of Council Regulation (EEC) No 2423/88. 

The dumping margin established on this basis, expressed as a percentage of the 
CIF Community frontier  import price, was  110.1%. 

Injury 

With regard to injury,  it was found  that imports had increased  from  1.454  tonnes 
in  1989 to 3.367 tonnes in  1993.  The share of the Community market held by the 
Chinese exporters increased from  7.4% in  1989 to  18.1% in  1993. During the 
same period, quantities sold by the Community industry dropped from 15.081 
tonnes to  12.287 tonnes, whilst its market  share dropped from  76.6% to  65.3%. 
Profitability  for the Community producers decreased  substantially, while one of 
them suffered  heavy financial  losses. Based  on these elements, the Commission 
concluded, for the purpose of its preliminary findings, that the Community industry 
had suffered  material  injury. 

Community interest 

With regard to Community interest, it was concluded that it was in the interest  of 
the Community to adopt measures aimed at eliminating the injury  caused to the 
Community industry by dumped imports of persulphates from the People's 
Republic of China. Indeed, the cost of persulphates as an oxidizing agent forms an 
extremely small part of the overall cost of the end-users. Under these 
circumstances it would not be in the interest of the Community to expose ifself to 
the risk of total shutdown of an entire industry for the benefit  of short-term 
advantages for  end-users of persulphates. 

The injury  margin established being below the dumping margin found,  the 
provisional duty was imposed  at the level of the latter,  i.e.  83.3%. 

15 

4.2.4.  Refractory  chamottes from the P.R.  China 

The notice of initiation of an anti-dumping proceeding was published on  15 April 
1993, covering imports into the Community of certain types of  refractory 
chamottes originating in the P.R. China. A provisional anti-dumping duty was 
imposed on 30 July  1995. 

Dumping 

Since the People's Republic of China is a state trading country, normal value had 
to be based on the conditions of a market economy country (analogue country). 
In this case, the domestic prices in the U.S.A. were used as a basis for  normal 
value. 

As no cooperation was obtained from any Chinese exporter or related  importer, 
the export  prices were established  on the basis of the export prices contained m 
EUROSTAT  statistics. The dumping margin thus established  amounted to 28.4 %. 

Injury 

In terms of market  share, the imports from the People's Republic of China rose 
from  31.4 % in  1989 to 46.5 % in the investigation period, whilst the market  share 
of the Community industry fell from 57.1 % to 40.2 % over the same period.  The 
investigation furthermore  showed the existence of continued  and systematic price 
undercutting which amounted to 4 %. The injury was reflected  in a  significant 
decrease of sales quantities, market  share, production  capacity, level of 
employment  and profitability  including the incurrence of a financial loss in the 
investigation  period. 

Community interest 

It was established that the Community industry, due to its proven reserves of raw 
material and its location close to its clients, was in a position to ensure, in the long 
run, reliable supply to the user industry. Its maintenance was therefore  considered 
to be in the interest of the users. Consequently, it was considered that  measures 
had to be taken in order to protect the Community industry from  unfair  trading 
practices which threatened  its viability. 

On the other hand, it was considered that, firstly, the measures would probably 
lead to a price increase and would thus have an impact on the production costs of 
the user industry and that, secondly, the measures should not result in a 
withdrawal  of the Chinese exporters from  the Community market.  It was 
concluded, therefore,  that the measures should be limited to a level necessary to 
remove the injury to the Community industry. 

16 

Measures 

Therefore,  a variable provisional anti-dumping duty was imposed on the basis of a 
minimum price of 75 ECU per tonne, this being equivalent to an increase of  10 % 
of the average import price found  in the investigation period. 

4.2.5.  Powdered  activated carbons from the P.R.  China 

On  15 August  1995, a provisional anti-dumping duty was imposed on imports into 
the Community of powdered  activated  carbons originating in the People's Republic 
of China.  The proceeding had been initiated on 2 March  1994 following  a 
complaint lodged by the Council of European Chemical Industries (CEFIC), 
representing a major  proportion of Community production. 

Dumping 

A dumping margin of 71.5% was established for all Chinese exports to the 
Community.  The normal value was based on domestic prices in the USA which 
was considered to be an appropriate analogue country for this product. 

Injury 

It was found  that Chinese imports had increased their market  share of the 
Community market from 4.1% in  1990 to  11.4% during the investigation period 
(1993).  The prices at which these  imports were sold on the Community market 
were found  to have undercut the prices charged by the Community industry by 
23.5%. 

It was, furthermore,  established that the Community industry had suffered  losses in 
production,  sales, and market  share, which led to a decrease in employment and 
resulted  in increasing financial  losses. 

Community  interest 

It was considered  that the short-term price advantages gained by users of 
powdered  activated carbons 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 might be at risk.  As, in addition, the effect  of any anti 
dumping measures on PAC users could not be significant,  it was concluded that it 
was in the interest of the Community to remove the injury suffered  by the 
Community industry through the effects  of Chinese dumping and to restore  fair 
competition by the imposition  of a provisional anti-dumping duty. 

17 

Measures 

As the injury  elimination level was lower than the dumping margin established, the 
provisional duty for Chinese PAC imports was set at the level of the former,  i.e. 
66.8% of the net free-at-Community frontier price before  duty. 

4.2.6.  Butt-welded tube or pipe fittings from the P.R.  China. Croatia and Thailand 

On 3 October  1995, provisional anti-dumping duties were imposed on imports into 
the Community of tube or pipe fittings originating in the P.R.  China, Croatia and 
Thailand.  The proceeding had been initiated in February  1994 with regard to these 
three countries, as well as the Slovak Republic and Taiwan, subsequent to a 
complaint lodged by the Defence  Committee of the EEC  Steel Butt-Welded 
Fittings Industry. 

Dumping 

Since the P.R.  China is a state-trading country, normal value had to be based on 
the conditions of a market  economy country.  In this case, domestic prices as well 
as constructed  values in Thailand were used as a basis for normal value.  For 
Croatia, it was found  to be neceessary to establish normal value on the basis of the 
facts available.  With regard to Thailand, normal value was based on domestic 
prices, and for certain product types either sold at a loss or not sold at all on the 
domestic market,  on constructed  value, calculated by adding costs of production 
and a reasonable amount for  profit. 

Export prices for all producers and exporters in the thr. e countries were 
determined  on the basis of sales to independent  importers in the Community. 

On this basis, dumping margins were provisionally established at a level of 58.6% 
for the P.R.  China and Croatia, and between 39.5% and 63.4% for the three Thai 
exporters. 

Injury 

With regard to injury, the investigation revealed that the cumulated  market  share 
of the exporting countries concerned  rose from 2.5% in  1989 to  14.3% during the 
investigation  period.  The imports were made at prices which undercut those of the 
Community industry by between 21.3% and 40.7%.  As a result, the Community 
industry suffered  a decline in production and sales volume, and a loss of market 
share, and was unable to introduce price increases to cover rising production 
costs.  Their financial  results deteriorated  as a consequence. 

Community interest 

In assessing the Community interest, it was established that, in view of the 
substantial financial losses incurred by the Community producers, not to take anti 
dumping measures would aggravate the situation and threaten the viability of the 
Community industry.  With regard to the prices of the products concerned, it was 

18 

considered  that the imposition of anti-dumping duties would have a limited  effect 
on the end user industries.  The investigation therefore  concluded that it was in the 
Community's interest to remove the injury  caused to the industry and to restore 
fair competition by the imposition of provisional anti-dumping measures. 

Measures 

Since, in the case of the sole Croatian producer and one of the Thai producers, the 
injury margin was lower than the dumping margin found,  the duty for these 
producers was based on this lower level.  In all other cases, the provisional duty 
was limited to the dumping margins established.  The duty rates were, therefore, 
58.6% for the P.R.  China and 38.4% for Croatia.  For Thailand, provisional  duties 
ranged from 39.5% to 58.9%. 

4.2.7.  Coumarin from  the PR.  China 

Provisional anti-dumping duties were imposed on 7 October  1995 on imports into 
the Community of coumarin originating in the People's Republic of China.  The 
investigation had been initiated  on 20 May  1994, following  a complaint lodged by 
the European Chemical Industry Council, on behalf of Rhône-Poulenc, the sole 
Community producer of coumarin. 

Dumping 

The dumping margin calculated for these imports was in excess of 50%. The 
normal value was based on domestic sales prices in the U.S.A., the only market 
economy country in which it was possible to find a coumarin producer willing to 
co-operate.  Furthermore, it was established that the U.S.A. could be considered 
to be an appropriate analogue country. 

Export prices were established  on the basis of the prices actually paid by importers 
of coumarin in the Community.  In order to allow a fair  comparison between 
normal value and export prices, normal value was based on selling prices at 
distributor level in the U.S.A., and it was adjusted  downwards to take into account 
differences  in physical characteristics. Further adjustments  were made for  all other 
factors  affecting  price comparability, i.e. ocean freight, insurance and credit costs. 

Injury 

With regard to the injury, it was found  that imports from the P.R.  of China 
increased their market  share by 66% between  1990 and the investigation period, in 
a market which shrank by about  10% over the same period. This result was 
obtained by a systematic price undercutting policy.  During the investigation 
period in particular, the prices of imports from  P.R.  of China undercut those of the 
Community producer by 28.7%. 

19 

The Community producer, which tried to maintain the level of its prices in order to 
cover its production costs, saw its sales on the Community market cut by half and 
its market  share reduced by more than 50%.  Consequently the production  costs 
per unit of the Community producer increased considerably and it recorded  heavy 
losses from 1992 until the investigation period. 

Community interest 

The Commission considered that it was not in the Community interest to risk the 
shutting down of the sole coumarin plant in the Community, in view of its heavy 
consequences on employment; in this case, not only the people directly involved in 
the production of coumarin would lose their jobs, but also those employed in other 
linked production processes, which would become uncompetitive.  The 
Commission also found  that the impact of the duty on the prices of the  perfume 
compounds containing coumarin would be negligible. 

Measures 

Since the dumping margin exceeded the level of injury, the anti-dumping duty was 
based on the latter. A provisional antidumping duty of 3479 ECU per tonne was 
therefore  imposed on imports of coumarin from the P.R. of China. 

4.2.8.  Bicycles from Indonesia. Malaysia and Thailand 

On  14 October  1995, provisional anti-dumping duties were imposed  on imports of 
bicycles from  Indonesia, Malaysia and Thailand. The proceeding had been initiated 
on 3 February  1994, following  a complaint lodged by the European  Bicycle 
Manufacturers  Association  (EBMA). This was the second complaint  involving 
bicycles. The first, concerning imports from Taiwan and the People's Republic of 
China, had been initiated in October  1991 and was concluded with the imposition 
of a definitive  anti-dumping duty of 30.6% on imports from the People's Republic 
of China in September  1993. With regard to imports from  Taiwan, that  proceeding 
was terminated without  measures in September 1993. 

Dumping 

Dumping margins for co-operating producers ranged from 0.4% to 22.8% in 
Indonesia, from  25.2% to 38.3% in Malaysia and from  13.2% to 41.9% in 
Thailand. For non-co-operating producers in each of the three countries,  a' 
dumping margin based pn the weighted average of the highest dumping margins 
found  for bicycle models exported to the Community was considered  appropriate. 
Those duty rates were 29.0% for Indonesia, 41.5% for Malaysia and 48.8% for 
Thailand. For two Indonesian companies which did not sufficiently  co-operate in 
the  investigation, provisional dumping margins were based on the arithmetic 
average of the highest dumping margin found  for a co-operating company in 
Indonesia and the rate established for non-cooperating producers. That rate was 
25.9%. 

20 

Normal values for a number of  models of bicyles exported from Indonesian and 
Thai producers could be based on verified  domestic sales prices. For the rest of 
models exported from Ii? ionesia, Malaysia and Thailand, bicycle models sold 
domestically were technically too different,  not sold in sufficient  quantities or sold 
at a loss. Consequently, normal values were constructed  on the basis of verified 
manufacturing  costs plus a reasonable amount for  selling, general and 
administrative expenses and  profits. 

Export prices for all three countries were based on prices actually paid or payable 
for products for  export to unrelated parties in the Community. 

Injury 

The aggregated  market  share of dumped imports from  Indonesia, Malaysia and 
Thailand increased form 4.4% in  1990 to 6.8% in  1993, whilst the share of the 
Community producers fell from  42.0% in  1990 to 33.5% in  1993.  The prices of 
dumped imports significantly  undercut prices of the Community industry by up to 
over 40%.  Contrary to positive expectations for recovery, based upon the decline 
of imports from the People's Republic of China, sales, turnover and  production 
decreased  substantially, resulting in a significant  loss of market  share, a lower 
capacity utilization, smaller employment figures  and a deterioration of the  financial 
situation. 

As regards causation, it was found that imports from  India,  South Korea and 
Vietnam, as well as sales from non-cooperating Italian companies, also increased. 
A customs investigation  co-ordinated  by DG XXI revealed that bicycles reported 
in EUROSTAT  as coming from Vietnam actually originated in China. 

As regards prices, the Commission had no evidence that Indian or South Korean 
bicycles, or bicycles produced  by non-cooperating Italian producers, were sold at 
prices as low as those from the countries under investigation. It could not be ruled 
out that imports from  India,  South Korea or Vietnam or sales by non-cooperating 
Italian producers may have contributed to the difficult  state of the Community 
industry. However,  it was concluded that, given the substantial increase of import 
volumes from Indonesia, Malaysia and Thailand and the considerable degree of 
price undercutting, those imports, taken in isolation, had caused material injury  to 
the Community  industry. 

Community interest 

Having examined the various interests involved, it was felt that the imposition of 
provisional  measures would  re-establish fair competition by eliminating the 
injurious  effects  of dumping practices from  Indonesia, Malaysia and Thailand, and 
would  afford  to the Community industry the opportunity of maintaining 
competitive production. Furthermore, it was considered  to be in the Community 
interest to adopt provisional  anti-dumping duties in order to prevent further  injury 
being caused by the dumped  imports during the remainder of the investigation. 

21 

Measures 

Undercutting margins for  all co-operating producers were higher than the 
provisional dumping margins. Therefore,  provisional duties were imposed  at the 
level of  the dumping margins. 

4.2.9.  Microdisks from Malaysia. Mexico and the U.S.A. 

On  16  October  1995,  provisional  anti-dumping  duties  were  imposed  on  imports 
into  the  Community  of  3.5"  microdisks  originating  in  Malaysia,  Mexico  and  the 
USA.  The  proceeding  had  been  initiated  on  2  September  1994,  following  a 
lodged  by  the  Committee  of  European  Diskette  Manufacturers 
complaint 
(DISKMA).  This  was  the  third  complaint  involving  3.5"  microdisks  lodged  by 
DISKMA.  In  the  first,  concerning  imports  from  Japan,  Taiwan  and  the  People's 
Republic  of China,  definitive  anti-dumping duties  were  imposed  in October  1993; 
the  second  involved  Hong  Kong  and  South  Korea,  with  the  imposition  of 
definitive duties in September  1994. 

Dumping 

It  proved  unnecessary  to  establish  whether  dumping  existed  for  co-operating 
producers in Mexico and the US, as the injury  margins for these producers were 
found  to  be  de  minimis.  For  Malaysia,  dumping  margins  ranged  from  26.8%  to 
46.4%. 

A  large  proportion  of  exports  from  each  of  the  countries  concerned  was  not 
covered by the investigation (32% for  Malaysia,  65% for Mexico and 40% for  the 
US). 
In  addition,  Eurostat  data  showed  that  the  prices  of  the  exports  of  non-
cooperating  producers  in  each  country  were  greatly  below  those  of  producers 
which had  cooperated,  and undercut  Community industry  prices by large margins. 
In the light of these factors,  dumping margins for  non-cooperating  producers  were 
established  on  the  basis  of  the  highest  dumping  margin  found  or  the  dumping 
margin  alleged  by  the  complainant,  whichever  was  the  higher.  The  resultant 
margins were 46.4% for Malaysia, and 44% for Mexico and the USA. 

For  Malaysia,  normal  value  for  one  cooperating  producer  was  established  on  the 
basis of the price actually paid in the ordinary  course of trade for  domestic  sales of 
the  product  concerned.  As the  domestic  ^ales of the  other  cooperating  producer 
were insufficient  to permit a proper comparison, normal value was calculafed  on 
the  basis  of  the  verified  costs  of  production  for  the  producer  concerned  plus  a 
reasonable amount for  selling, general and administrative expenses, and  profit. 

Export  prices  for  Malaysia  were  generally  established  on  the  basis  of  the  price 
actually paid  or payable for  the product  sold  for  export  to  unrelated  parties  in the 
Community.  Where there were  sales to  related  parties  in the  Community,  as  was 
the  case  for  one  co-operating  producer,  export  prices  were  constructed  in 
accordance with  Article  2(9)  of Regulation  (EC) No  3283/94,  on  the basis  of the 
price at  which  the  imported  product  was  first  resold  to  independent  buyers  in the 
Community. 

22 

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 
showed  positive  development,  due  in  large  measure  to  the  expansion  of  the 
market,  the benefit  of this  positive  movement  was totally  offset  by the  low  levels 
of  prices,  which  remained  below  the  threshold  necessary  for  the  generation  of 
profits  adequate  to  finance  the  investment  needed  to  allow  the  Community 
industry to keep pace with the swiftly  changing conditions prevailing in the area of 
information  technology.  Despite  expanding  consumption,  for  example,  the 
Community industry's prices fell by 44% between  1990 and July  1994. 

Community  interest 

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  measures  at  the  level  of  the  lower  of  the 
price  undercutting  margins  or  the  dumping  margins.  For  Malaysia,  provisional 
duties  ranged  from  13% to  46.4%,  and,  for  Mexico  and  the  USA,  from  0%  to 
44%. 

4.2.10.  Grain-oriented  electrical  steel sheet from Russia 

On 20 October  1995, a provisional  anti-dumping  duty was imposed  on imports  of 
certain  grain-oriented  electrical  sheets originating  in Russia.  The investigation  had 
been initiated on 20 May  1994, following  a complaint lodged by EUROFER. 

(European  Federation  of Iron  and  Steel Industries)  allegedly  acting  on behalf of a 
major  proportion  of Community production. 

The  product  concerned  is  grain  oriented  cold-rolled  sheets  and  strips  of  silicon-
electrical  steel  with  a  width  of  more  than  500  mm,  which  are  used  for 
electromagnetic  appliances  and  in  installations  such  as  power  and  distribution 
transformers.  The product  concerned is an ECSC  product. 

Dumping 

Russia  being  a  non-market  economy  country,  Brazil  was  selected  as  analogue 
country.  Normal  value  was  calculated  on  the  basis  of  the  weighted  average 

23 

domestic  selling price  of the  like product  sold  for  consumption  on the  Brazilian 
market. 

Since all export  transactions  were found  to  have been  dumped, the  export  price 
was calculated  on the basis of the weighted  average selling price actually paid or 
payable for all export transactions to the Community 

On the basis of this approach, a substantial dumping margin was determined  at the 
provisional stage, amounting to 73.46%). 

Injury 

With regard to injury, the investigation determined that the imports concerned had 
substantially  increased, reaching  a market  share  of  7.4% in  1993 and  in the first 
four months of  1994, up from 0.7% in 1990.  These imports were made at prices 
which undercut those of the Community producers by up to 28%. The Community 
industry  suffered  losses of sales and market  share, and was forced  to  depress its 
prices, factors which together led to a decline in profits and, in the end, to  financial 
losses. 

Community interest 

With  regard  to  the  Community  producers,  the  investigation  showed  that  the 
substantial  increase  in  the  of  dumped  imports  had  already  caused  a  significant 
deterioration of their situation and that, in the absence of protective measures, this 
situation would continue or even be aggravated. As grain-oriented electrical sheets 
are  used  mainly  in  the  electrotechnical  industry  for  the  production  of  a  wide 
variety  of  industrial  and  other  appliances  used  in  sensitive  areas  like  defence, 
transport  and  power  distribution,  it  was  considered  to  be  in  the  interest  of  the 
Community to preserve its own steady, reliable and high quality sources of supply. 

With regard to the end users, it was considered that, even if the imposition of anti 
dumping measures were to result in a certain increase in the price of the steel 
sheets in question, such an effect  would be counterbalanced  by the maintenance of 
a continued supply of high quality products from sources within the Community. 

Measures 

As the dumping margin found  was greater  than the level of injury  caused  by the 
, dumping, the provisional duty was set at the level of the injury margin, i.e. 43,2 %. 

4.2.11  Unwrought magnesium from Russia and Ukraine 

On 23 December,  a provisional  anti-dumping duty was imposed  on  imports  into 
the Community  of unwrought  magnesium originating  in Russia  and the Ukraine. 
The  proceeding  had  been  initiated  on  15  January  1994,  following  a  complaint 
lodged by the Liaison Committee for Ferro-Alloy Industries (Euroalliages). 

24 

Dumping 

Dumping  margins  of  55%  and  64%  were  established  for  Russia  and  Ukraine 
respectively.  As these countries are both considered  to be non-market  economies, 
the  normal  value  had  to  be  based  on  a  market  economy  country.  The 
complainants  had  suggested  Japan,  which  the  Commission  considered  not  to  be 
comparable  to  Russia  and  the Ukraine  with regard  to  access to  raw  materials  and 
technology  used.  A  producer  in  the  U.S.A.  decided  not  to  cooperate  in  the 
proceeding,  whilst  one  producer  in  Canada  who  was  willing  to  cooperate  was 
found  not  to  have  sufficiently  representative  domestic  sales.  Norway  was  finally 
selected as reference  country for both Russia and the Ukraine, a choice justified  by 
the  fact  that  the  production  plants  in Russia  and  the  Ukraine  were  set  up  during 
the existence of the USSR and used the  same production technology.  Though the 
Norwegian  producer  was  found  to  have  substantial  domestic  sales,  normal  value 
was  constructed  as  it  was  established  that  this  producer  had  not  made  profitable 
sales  of  the  product  concerned  in  sufficient  quantities  during  the  investigation 
period. 

Export  prices  and  volumes  for  Russia  were  determined  on  the  basis  of  all  the 
export  transactions  reported  by one  of the  Russian  producers  and  on the  basis  of 
the  sales  transactions  reported  by  the  other  producer  as  having  been  made  to  its 
related  company  located  in  Switzerland.  Export  prices  and  volumes  for  Ukraine 
were  determined  by  taking  into  consideration  all  sales  transactions  for  which  the 
shipping address was a customer located  in the Community. 

Injury 

With  regard  to  injury,  it  was  found  that  cumulated  imports  from  Russia  and  the 
Ukraine had increased from 2.000  metric tonnes in  1991 to  6.000  metric tonnes in 
the investigation  period,  corresponding to  an increase  in market  share from  4% in 
1991  to  20%  during  the  investigation  period..  In  comparison,  the  Community 
industry's  market  share fell  from  17% to  7% over the  same period.  Furthermore, 
the prices  of the  imports  were  found  to  have  continually  decreased,  undercutting 
those  of the  Community  industry,  which were already  depressed,  by between 30% 
and  40%  during  the  investigation  period.  In  addition,  the  Community  industry's 
substantially  reduced  production  and  sales  volume,  the  decrease  in  capacity 
utilization  and  the  increase  in  stocks  led  to  significant  financial  losses  during  the 
investigation  period, despite  efforts  to  reduce costs.  Based  on these elements, the 
Commission  concluded,  for  the  purposes  of  its  preliminary  findings,  that  the 
Community industry had suffered  material  injury. 

Community  interest 

In  this  regard,  it  was  noted  that,  without  remedial  action,  the  viability  of  the 
Community  industry  would  have  been  threatened,  a  consequence  of  which  had 
already  been  foreshadowed  by the  fact  that  one Community  producer  had  already 
ceased  production.  With  respect  to  the  competition  situation,  it was  found  to  be 
unjustified 
to  conclude  that  the  imposition  of  measures  would  have  the 
consequence  of eliminating  Russian  and  Ukrainian  exporters from the  Community 

25 

market  in  view  of  the  presence  of  other  exporters  who  were  not  dumping.  No 
users  of  unwrought  magnesium  submitted  information  relating  to  the  possible 
effect  of anti-dumping measures on their situation, though it could be assumed that 
they  had  benefitted,  in  the  short  term,  from  the  low  prices  of  dumped  imports. 
Due  to  the  relatively  small  percentage  of  total  production  costs  represented  by 
unwrought  magnesium in its main applications, it was concluded  that  the effect  on 
the users,  if any,  of  imposing  measures  would  be very  limited.  It  was,  therefore, 
deemed  to  be  in the  interest  of the  Community  to  ensure  the  viability  of the  sole 
Community producer and consequently to impose anti-dumping measures. 

Measures 

As the injury  elimination margin was found  to be higher than the dumping  margin, 
the measures were imposed  on the basis of the latter.  The measures took the  form 
of a variable  duty  based  on a minimum  price  of ECU  2.735  for  Russia  and  ECU 
2.701 for  Ukraine  in order to  enable the exporters to  maximize their  returns  while 
at the same time ensuring that injurious  dumping is eliminated. 

5.  DEFINITIVE  MEASURES 

5.1.  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 t^e Council,  acting  by  simple 
majority  on  a  proposal  submitted  by  the  Commission  after  consultation  of  the 
Member  States. 

As shown in Table  1, definitive  duties were imposed  in  1995 in  13 cases.  Though 
rather  less  than  in  previous  years,  it  reflects  the  fact  that  all  but  one  of  the 
provisional  duties  imposed  in  1995  were  published  in  the  second  half  of  the  year, 
and  as such, can be valid for  up to  six months.  The definitive  duties  imposed  again 
cover  various  product  sectors  and  origins.  Whilst  details  of  these  duties  can  be 
found  in Annex C, a summary of each case is given below. 

5.2.  CASES 

5.2.1  Furfuraldehyde  from  the P.R.  China 

On 21 January  1995 the Council imposed  a definitive  antidumping duty on imports 
into  the  Community  of  furfuraldehyde  originating  in  the  P.R.  China.  The 
investigation had been initiated in July  1993, and a provisional  duty imposed  on 21 
July  1994. 

26 

Dumping 

A dumping margin of 62,6% was established  for  the Chinese  exports.  The  normal 
value was calculated  on the basis of domestic  sale 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. 

Injury 

After  a further  analysis, the  Commission  decided  to  include  in  the  assessment  of 
injury  the  imports from a third  country,  which had been formerly  excluded  on  the 
grounds  that  these  imports  occurred  in  a  captive  market.  On  this  basis,  it  was 
found  that  imports  from  the  P.R.  China  had  increased  from  13.7%  in  1992  to 
15.7% during the investigation  period.  The prices of these  imports  were  found  to 
have  undercut  those  of  the  Community  producer  by  24%,  and  and  to  have 
decreased by  more than 30% during the investigation  period. 

In  this  larger  market  context,  it  was  established  that  the  Community  producer 
managed to  maintain its market  share at a level of around  6%,  by dint of dropping 
its sales prices by 36% between  1991 and the investigation  period. 

However,  as the market  shrank, the complainant  suffered  a considerable  decline in 
sales and production volumes which, cumulated with the price depression,  resulted 
in heavy financial  losses. 

Community  interest 

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 the price of furfuraldehyde  on the price of the end 
product would be negligible. 

Measures 

Since  the  dumping  margin  found  exceeded  the  level  of  injury,  the  anti-dumping 
duty  was  based  on  the  latter.  A definitive  anti-dumping  duty  was  imposed  which 
took the form  of a fixed amount of 352 ECU per tonne. 

5.2.2.  Colour television receivers from Malaysia, the P.R.  China. S. Korea. Singapore, 

and Thailand 

On the  01.04.95, definitive  anti-dumping  duties were imposed  on  imports  into the 
Community  of  CTVs  from  the  five  countries  referred  to  above.  The  proceeding 

27 

was  initiated  on  the  25  November  1992  following  a  complaint  from  SCAN, 
representing  several  large Community  producers. Provisional  duties  were  imposed 
on the  1  October  1994. 

Origin 

In the case  of  several  exporters, the  origin  of their  CTV  exports  was  found  to  be 
different  to  the  origin  declared  to  the  Customs  authorities  on importation  into  the 
Community.  This finding was  especially  marked  in the  case of  exports  made from 
Turkey and was one of the principal determining factors which led the  Commission 
to  terminate  the  proceeding  in  respect  of  Turkey.  A  separate  summary  of  the 
Commission's decision is outlined below (section  6.2.5.) 

Dumping 

For  technical  reasons  which  would  have  required  numerous  adjustments  to  the 
domestic  selling  prices  charged  in  each  of  the  exporting  market  economy 
countries,  normal  values  for  these  countries  were  based  instead  on  constructed 
values.  These  normal  values  were  constructed  by  adding  to  the  reported 
manufacturing  costs  of  the  models  exported  to  the  Community,  the  weighted 
average  SG&A  costs  incurred  on  the  domestic  markets  of  these  countries.  To 
these  production  costs  was  added  an  amount  for  profit  corresponding  to  the 
average profit  earned on CTV sales on the domestic markets. 

Because the P.R.  China is a non-market  economy country,  normal value was based 
on  constructed  value  in  Thailand,  which  was  considered  to  be  an  appropriate 
analogue country. 

Export  prices  were  constructed  for  some  exports  from  S.  Korea,  Thailand  and 
Singapore on  the  basis of  the  prices charged  to  the  first  independent  customer  in 
the Community,  as these exports had been imported  by related  parties and  the CIF 
price was, therefore,  a transfer  price. 

In  order  to  establish  a  fair  basis  for  comparison  between  domestic  and  export 
prices,  allowances  were  made,  where  appropriate,  for  all  factors  affecting  price 
comparability,  e.g.  differences  in  conditions  of  sale  such  as  different  credit  terms, 
duty drawback claims on exported models, transport and other direct  selling costs. 

The dumping  margins  found  ranged  from  2.3% to  25.1% for  Malaysia,  14.7%  to 
33.6%  for  Thailand,  0%  to  24.6%  for  Singapore,  13.4% to  17.9% for  S.  Korea. 
A  single  margin  of  25.6%  was  established  for  the  P.R.  China,  while  a  zero 
dumping  margin  was  established  for  two  Turkish  companies  assembling  CTVs  of 
S. Korean origin. 

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  4.8 

28 

million units.  This import  surge was accompanied  by a parallel increase in market 
share, which increased from  9.9% to  19.6% over the same period, whilst sales by 
the  Community  industry  fell  by  6%  in  terms  of  volume  and  the  corresponding 
market share declined  fi  n  36% to 28%. 

Injury  calculations  were  based  on  the  weighted  average  margin  of  price 
undercutting  found  in  France,  Germany,  Greece,  Italy,  Spain  and  the  U.K.  The 
margins  of  price  undercutting  found  at  the  provisional  stage  were  confirmed  and 
injury  elimination  levels were  calculated  as follows,  up to  23.4%  for  Malaysia, up 
to 29.89% for  Thailand, up to 23.68% for  Singapore, up to  54% for  S. Korea and 
58.7% for the P.R.China. 

The  Community  industry  was  found  to  have  suffered  injury  with  declines  in 
production,  capacity  utilization,  sales,  market  share,  prices  and  employment.  The 
Commission  found  that,  notwithstanding  the  possible  negative  impact  of  other 
factors  on the Community industry, dumped imports from the countries concerned, 
with the exception  of Turkey, had materially injured  the Community industry. 

Community  interest 

It  was  considered  that  the  restoration  of  fair  trading  practices  would  neither 
prevent  producers  in  third  countries  or  other  established  producers  in  the 
Community  competing  on the  Community  market,  nor reduce  diversity  of  supply. 
The anticipated remédiai effects  of the measures were expected to take the form  of 
a  redistribution  in  the  market  shares  held  by  the  competing  elements  on  the 
Community  market,  with  any  price  increases  being  limited  by  the  nature  of  the 
measures imposed  and the number of competitors on the Community  market. 

Measures 

The  definitive  duties  imposed  were  equivalent  to  the  lower  of  the  price 
undercutting  margins  found  and  ranged  from  0%  in  the  case  of  CTVs  of  S. 
Korean  origin  assembled  in Turkey  to  17.9% for  S.  Korea,  from  2.3% to  23.4% 
for  Malaysia,  from  0%  to  23.6% for  Singapore,  from  3% to  29.8% for  Thailand, 
and a single duty of 25.6% for the People's Republic of China. 

5.2.3.  Ammonium nitrate fertilizer  from  Russia 

In  June  1994,  the  Commission  announced  the  initiation  of  an  anti-dumping 
imports  into  the  Community  of  ammonium  nitrate 
proceeding  concerning 
originating in Lithuania and Russia, and commenced  an investigation. 

Dumping 

The  investigation  revealed  that  imports  from  both  Russia  and  Lithuania  had  been 
dumped.  The  investigation  period  was  April  1993  -  March  1994.  Since  these 
countries w jre both non-market  economies, normal value was based on  profitable 

29 

domestic  sales  of  ammonium  nitrate  in  Poland,  which  was  chosen  as  analogue 
country.  The  dumping  margins  established  were  31.3  ECU/tonne  for  Russia  and 
21 ECU/tonne for Lithuania. 

Injury 

Between  1990/91  and  1993/94,  the  Community  industry  lost  market  share  and 
sales, and  suffered  a steep  fall  in production  and  selling prices. A  profit  of  15.6% 
on  sales  in  1990/91  deteriorated  to  a  loss  of  6.8%  by  1993/94.  The  Community 
industry was therefore  found  to have suffered  material  injury. 

The  market  share  of  imports  from  Russia  increased  from  0.3%  in  1990/91  to 
7.3%,  and undercut  the  price  of the  Community  producers  by  6  ECU  per  tonne, 
even  after  a  quality  adjustment.  Russian  imports  were  therefore  found  to  have 
caused material injury to the Community industry. 

Community interest 

The  need  to  re-establish  a  situation  of  fair  competition  by  protecting  the 
Community  industry  from  injurious  dumping  was  considered  to  outweigh  any 
small increase in fertiliser  prices to farmers which may result from the measure. 

Measures 

Imports  from  Lithuania,  however,  in  view  of  their  much  lower  and  declining 
market  share  (3.2%)  and  their  slightly  higher  price,  were  not  considered  to  have 
caused material injury,  and the proceeding was terminated with regard  to  Lithuania 
(see section 6.2.1). 

Consequently,  a  definitive  anti-dumping  duty  was  imposed  only  on  imports  of 
ammonium nitrate from Russia,  in the form  of a variable duty.  The minimum price 
of  102.9 ECU  per tonne  was based  on the injury  threshold,  which  was just  below 
the dumping margin. 

In  view  of  this  finding,  the  UK  regional  anti-dumping  measure  against  imports 
from  Russia  (a  quantitative  undertaking  set  at  100.000  tonnes  per  year)  was 
therefore  be  repealed,  while  the  equivalent  regional  measure  concerning  imports 
from Lithuania remained in force. 

5.2.4.  Sodium carbonate (soda ash) from the U.S.A. 

Provisional duties were imposed on this product from the U.S.A.  on  13 April  1995 
(see  section  4.2.1.  above).  At  the  definitive  stage,  these  duties  were  adjusted 
subsequent  to a recalculation of the underselling margins.  The level of duties 
imposed  at  the  definitive  stage  thus  ranged  from  2.5%  to  13.9%,  with  the 
exception of one company to which no duty was applicable. 

30 

5.2.5.  Ferro-silico-manganese  from Brazil. Russia. S. Africa  and Ukraine 

On  6  October  1995,  definitive  anti-dumping  duties  were  imposed  on  imports  of 
ferro-silico-manganese  originating  in  Brazil,  Russia,  S.  Africa  and  Ukraine.  The 
investigation  had  been  initiated  on  4  August  1993,  and  provisional  duties  were 
imposed  on  19 December  1994. 

Dumping 

The  dumping  margins  definitively  established  were  54.2%  for  Russia,  43.9%  for 
Ukraine, 36.1% for  Brazil, and 45.3% and 48.3% for the cooperating producers in 
South  Africa. 

Since Russia  and  Ukraine  are  non-market  economies,  the  normal  value  for  these 
countries  was  based  on  the  normal  value  calculated  for  Brazil.  With  regard  to 
Brazil,  only  two  companies  cooperated  in  the  investigation  and,  since  one  was  a 
subsidiary  of  the  other,  it  was  considered  appropriate  to  calculate  one  dumping 
margin  for  the  group.  The  normal  value  for  Brazil  was  accordingly  based  on  an 
average of the data  submitted by both producers.  It was determined  on a monthly 
basis  in  order  to  offset  inflation,  and  recourse  was  had  to  domestic  sales  or  to  a 
constructed  value where 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, 
as  in  the  case  of  one  South  African  producer,  sales  were  made  to  a  related 
importer in the Community.  In comparing the normal value with the export prices, 
due  allowances  were  made  for  differences  in  physical  characteristics  and  selling 
expenses affecting  price comparability. 

Injury 

With  regard  to  injury,  it  was  found  that  the  cumulated  market  share  of  the 
countries  cited  increased  from  15.4%  in  1989  to  29.7%  during  the  investigation 
period,  whilst  prices  of  these  imports  continuously  decreased,  undercutting  those 
of the  Community  industry.  The  consequent  impact  on  the  Community  industry 
was  a  loss  in  market  share,  price  depression  and  a  deterioration  of  the financial 
results of this industry, leading to heavy losses. 

Community  interest 

With regard  to  Community  interest,  it was considered  that  the need to  preserve  a 
Community  presence  in  this  sector  outweighed  the  limited  impact  that  the 
measures would have on the end users, the steel producers. 

Measures 

Definitive  duties  were  imposed  at  the  level  of the  dumping  margins  found,  in  the 
form of variable duties, which  amounted  to  the difference  between the net  free-at-

31 

Community frontier price, before  duty, and minimum prices of 504 ECU/tonne  for 
Russiaa,  492  ECU/tonne  for  Ukraine,  485  ECU/tonne  for  Brazil  and  500 
ECU/tonne for  South  Africa. 

The  cooperating  Ukrainian  and  South  African  exporters  offered  undertakings 
which  were  considered  to  be  acceptable  by  the  Commission,  and  were  therefore 
excluded  from  the scope of the duty.  However,  due to  the immediate  withdrawal 
of its undertaking,  the imports  of  one  South  African  company  were  made  subject 
to  registration. 

5.2.6.  Persulphates from the P.R.  China 

Provisional  duties were  imposed  on  this  product  from  the  P.R.  China  on  17 July 
1995  (see  section  4.2.3  above).  At  the  definitive  stage,  having  considered  the 
arguments  presented,  particularly  with  regard  to  quality  differences  and  like 
product, the provisional duty level of 83.3% was confirmed  at the definitive  stage. 

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  1995, 
eight investigations were concluded without  measures,  4 of which due to findings 
of  no  injury,  3  due  to  the  withdrawal  of  the  complaint  and  one  because  the 
products  exported  were  found  not  to  have  the  origin  of  the  exporting  country. 
The  ratio  of  investigations  terminated  without  measures  to  the  total  number  of 
investigations  concluded  over the last five years has remained  relatively  steady,  at 
about  one-third.  Details  of  the  investigations  terminated  without  measures  are 
given in Annexes D and E, and a short summary of each case is given below. 

6.2.  CASES 

6.2.1.  Colour television receivers from  Turkey 

On  1st  April  1995,  the  Commission  terminated  the  anti-dumping  proceeding  in 
respect  of imports into the Community  of colour television receivers originating in 
Turkey.  The  proceeding  had  been  initiated  on  25  November  1992  following  a 
complaint from SCAN, representing  several large Community producers. 

Dumping 

The  dumping  investigation  established  that  the  vast  majority  of  the  televisions 
exported  from  Turkey  originated  in  either  South  Korea  or  the  Community  itself. 
In  addition,  it  was  established  that  a  number  of  practices  which  were  likely  to 
favour  the  dumping  of  colour  televisions  from  Turkey  had  been,  or  were  in  the 
process of being, phased out by the Turkish government. 

32 

In  the  light  of  the  above  and  the  absence  of  any  new  evidence,  the  Commission 
saw  no  reason  to  amend  its  provisional  finding  that  there  were  insufficient 
elements to justify  the imposition of measures on CTVs exported  from  Turkey and 
accordingly, terminated the proceeding. 

6.2.2.  Watch movements from Malaysia and Thailand 

In  May  1994,  the  Commission  imposed  a  provisional  anti-dumping  duty  on 
imports  into  the  Community  of  watch  movements  originating  in  Malaysia  and 
Thailand. 
Shortly  after  the  imposition  of  this  provisional  duty,  the  sole 
Community producer, which was the complainant  industry in this proceeding, went 
into  receivership. 
In  October  1994,  the  Commission  was  informed  that  the 
Community producer concerned had been taken over by another company. 

Given  this  change  of  circumstances  with  regard  to  the  Community  industry,  the 
Commission examined whether this factor  might  lead  to  a change in its findings as 
set  out  in the  provisonal  Regulation.  In  this  regard,  the  Commisison  noted  that, 
since  the  take-over  of  the  sole  Community  producer,  the  new  owners  of  the 
company  had  explicitly  requested  that  the  proceeding  not  be  pursued. 
In  these 
circumstances,  the  Commission  concludued  that  the  proceeding  shsould  be 
terminated  without  the  imposition  of  protective  measures.  A  Decision  to  that 
effect  was published in the Official  Journal on  1  June  1995. 

6.2.3.  Ammonium nitrate fertilizer  from  Lithuania 

In  June  1994,  the  Commission  announced  the  initiation  of  an  anti-dumping 
proceeding  concerning  imports  into  the  Community  of  ammonium  nitrate 
originating in Lithuania and Russia. 

The  investigation  revealed  that  imports  from  Lithuania  had  been  dumped.  As 
Lithuania is a non-market  economy  country, normal value was based  on  profitable 
domestic  sales  of  the  like  product  in  Poland,  which  was  chosen  as  analogue 
country.  The dumping margin was established at 21 ECU/tonne for  Lithuania. 

Imports from Lithuania, however, in view of their small and declining market  share 
((3.2%)  and  their  slightly  higher  price,  were  not  considered  to  have  caused 
material 
therefore  considered 
unnecessary  to  impose  anti-dumping  measures  on  Lithuania,  and  the  proceeding 
was consequently terminated  on 23 August  1995. 

industry.  It  was 

the  Community 

injury 

to 

6.2.4.  Butt-welded tube or pipe fittings from Slovakia and Taiwan 

The notice  of initiation  of an anti-dumping  proceeding with regard  to imports  into 
the  Community  of butt-welded  tube  or  pipe fittings from,  inter  alia,  Slovakia  and 

33 

Taiwan  was  published  on  3 February  1994,  subsequent  to  a  complaint  lodged  by 
the Defence  Committee of the EEC  Steel Butt-Welded  Fittings Industry. 

Dumping 

Since  the  sales  made  by  the  companies  concerned  on  their  domestic  markets  in 
Slovakia and Taiwan were found  to  have been made at  a loss, normal values were 
constructed  by  adding  a  reasonable  profit  margin  to  the  cost  of  production. 
Export prices for both countries were established on the basis of actual prices paid 
or  payable  by  independent  importers  in  the  Community.  The  comparison  of 
normal values with export  prices  showed  dumping  margins  of 25.2% for  Slovakia 
and between 49.9% and  54.4% for the Taiwanese exporters. 

Injury 

It  was  found  that  the  volume  and  market  shares  of  the  imports  from  Taiwan  and 
Slovakia  were  sharply  declining.  It  was therefore  considered  that  they  were  not 
contributing 
industry. 
Accordingly,  protective  measures  were  deemed  unnecessary,  and  the  Decision 
terminating the investigation with regard to  Slovakia and Taiwan was published  on 
3 October~1995. 

injury  suffered  by  the  Community 

the  material 

to 

6.2.5.  Parts for  disposable lighters from  Japan 

On 7 October  1995, the Commission terminated  the anti-dumping  proceeding with 
regard  to  imports  into  the  Community  of  parts  fo<*  gas-fuelled,  non-refillable 
pocket  lighters  originating  in  Japan.  The  investigation  had  been  initiated  on  1st 
August  1991 

During  the  course  of the  investigation,  the  Commission  found  that,  subsequent  to 
the  complaint  being  lodged,  the  pattern  of  trade  had  changed  insofar  as  parts  of 
lighters  were  no  longer  exclusively  sourced  in  Japan.  Since  doubts  existed  in 
relation to the actual origin of the parts in question, an additional investigation  was 
carried out  in order to determine the real origin of the goods. 

This investigation  did  not  reveal  any misdeclaration in respect  of origin but,  given 
the  long  period  of  time  which  it  required,  during  which  the  anti-dumping 
investigation  was  suspended,  the  Commission  considered  it  appropriate  to  verify 
whether  the  resumption  of  the  latter  investigation  was  warranted.  Questioned  in 
that  market 
the  complaining  Community  producers  admitted 
this  respect, 
developments  since the initiation of the proceeding had resulted  in imports of parts 

of gas-fuelled,  non-refillable  pocket lighters originating in Japan being no longer as 
injurious 
They 
to  them  as  they  were  when  the  complaint  was  lodged. 
consequently withdrew their  complaint. 

34 

6.2.6.  Ferro-silico-manganese from Georgia 

The  anti-dumping  proceeding  concerning  imports  of  ferro-silico-manganese  from 
Georgia  was  terminated  without  measures  on  14  October  1995.  The  proceeding 
was  initiated  in  Aaugust  1993  with  regard  to  imports  from  Russia,  Ukraine, 
Georgia, Brazil and South Africa,  subsequent to a complaint lodged  by the Liaison 
Committee of Ferro-Alloy Industries (Euroalliages). 

Provisional  duties were  imposed  on the other  countries involved  on  19 December 
1994.  At that  time, the  imports  from  Georgiaa  were  excluded  from  the  scope  of 
the measures on the  grounds that  their negligible volume could  not  be  considered 
to  be  contributing  to  the  injury  suffered  by  the  Community  industry.  At  the 
definitive  stage, this finding was contested  by neither the Community  industry  nor 
the  other  exporters. 
the 
proceeding with regard to Georgia. 

The  Commission  therefore  formally 

terminated 

7.  ANTI-DUMPING AND ANTI-SUBSIDY  INVESTIGATIONS  - REVIEWS 

AND REOPENING  OF  INVESTIGATIONS 

7.1.  OVERVIEW 

Anti-dumping  or  countervailing  measures,  including  price  undertakings,  may  be 
subject, under the new basic legislation, to 5 types of review during their lifetime : 

•  Article  11 (2)  provides  for  the  expiry  of  anti-dumping  measures  after  five  years 
unless  an  expiry  review  demonstrates  that  they  should  be  maintained  in  their 
original form ; 

•  Article  11(3)  provides  for  the  interim  review  of  measures  during  their  validity 
period  on the initiative of the Commission, at the request  of a Member State or, at 
least  one  year  after  the  imposition  of the  definitive  measure,  following  a  request 
from an interested party ; 

•  Article  11(4) allows for  a review to be carried  out  for  the purpose  of determining 
individual margins of dumping for  new exporters in the exporting  country  subject 
to  measures  who  have  not  exported  the  product  during  the  investigation  period 
and who can fulfill  certain other criteria  ("newcomer  review"), 

•  Article  12 provides that  an investigation  may be reopened,  where the  Community 
industry  submits  sufficient  information  showing  that  measures  have  led  to  no 
movement,  or insufficient  movement, in resale prices in the Community, to 
examine  whether  the  measure  has  had  an  effect  on  those  prices  ("absorption 
review") ; 

•  Article  13  provides  for  the  reopening  of  an  investigation  where  sufficient 
information  is submitted  to  show that  circumvention  of measures  is taking  place, 
that  the  remedial  effects  of  the  duty  are  being  undermined,  and  that  there  is 
evidence  of  dumping  in  relation  to  the  normal  values  previously  established. 

35 

Circumvention  is  defined  as  a  change  in  the  pattern  of  trade  between  third 
countries  and  the  Community  which  stems from a  practice,  process  or  work  for 
which  there  is  insufficient  due  cause  or  economic  justification,  other  than  the 
imposition of the duty. 

The  above-mentioned  reviews continue to represent  a major  part  of the work  of the 
Commission's  anti-dumping  unit.  In the period  from  1991 to  1995, as well  as  in the 
single  year  1995,  review  investigations  represented  over  40%  of  all  investigations 
opened. 

Between  1991  and  1995,  a  total  of  108 review  investigations  were  initiated,  35  of 
which were  "sunset"  or  expiry  reviews,  60 of which were  interim  reviews  (including 
14 "newcomer"  reviews), 4  of which  were  "absorption"  reviews,  and  9 under  article 
13 of the new basic regulation  concerning circumvention.  In about  half of the  cases 
initiated under the "sunset" provisions, the measures were allowed to  expire  following 
the  review,  whilst  for  the  other  half,  measures  were  continued,  mainly  in  amended 
form. 
In  this  respect,  it  should  be  noted  under  the  provisions  for  expiry  review 
contained  in the new regulation,  measures may either  be  maintained  or  repealed,  but 
not  amended. 

In  1995,  a  total  of  26  reviews  were  initiated.  Of  these,  10  were  interim  reviews 
(including  one  "newcomer"  review),  7  were  expiry  reviews  and  9  were  opened 
the  review 
the  new  provisions  on  circumvention.  Details  of 
according 
investigations  and  of the  results  of  review  investigations  concluded  in  1995  can  be 
found  in Annexes  G,  H  and  J-M,  whilst  Table  2  provides  statistical  information, for 
the years  1991-1995. 

to 

7.1.1.  EXPIRY REVIEWS 

Since the  "sunset", or expiry, provision of  the basic legislation  came into force in 
1985  (art.  15  of  the  previous  basic  regulation,  art.  11(2)  of  the  current 
regulation), a total of  251 measures have been allowed to expire  automatically. 

In  1995,  11 measures were  allowed to  expire automatically  under  article  11(2), 
and  one  measure  was,  in  addition,  allowed  to  expire  following  a  "sunset"" 
review.  In two further  cases, measures were continued in an amended form.  The 
references  for all these measures are set out in Annexes H, L and P. 

By way  of example,  a summary  of one important  expiry  review  investigation  is 
Riven below. 
o 

i)  Plain paper photocopiers from Japan 

In  October  1995,  the  Council  decided  to  maintain  the  definitive  anti-dumping 
duty  on imports  of plain  paper  photocopiers  (PPCs)  originating  in Japan  further 
to a review of those measures initiated in August  1992. 

The  review  found  that  the  existing  anti-dumping  duty  had  been  effective  in 
significantly  reducing  the  volume  of  imports  of  PPCs  originating  in  Japan.  The 

36 

TABLE 2 

Reviews  of Arti:  dumping and anti-subsidy  investigations 
during the period  1 January  1991 - 31 December  1995 

1991 

1992 

1993 

1994 

1995 

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 
Duties imposed as a result of 
violation of  undertaking 
Measures  suspended  without 
review 

21 

16 

37 

1 

3 

-

-

5 

4 

2 

-

15 

22 

-

21 

27 

48 

1 

11 

-

-

1 

5 

-

-

18 

30 

-

30 

22 

52 

1 

17 

-

1 

1 

7 

1 

2 

30 

22 

2 

20 

17 

37 

1 

10 

-

-

-

2 

-

-

13 

24 

2 

24 

26 

50 

-

6 

-

-

-

7 

1 

2 

16 

34 

4 

4 

3 

remaining  import  volumes,  however,  still  represented  26  percent  in  volume. 
Those  imports  were  substantially  dumped  and  sold  at  prices  in  the  Community 
which  significantly  undercut  those  of  the  Community  industry  for  comparable 
models.  Furthermore,  the  dumped  imports  had  become  particularly  injurious  in 
that  they  consisted,  to  a  much  larger  degree  than  before,  of  large  PPCs  which 
used to  be sold mainly and profitably  by the  Community  industry.  The  degree  of 
undercutting  on  large  PPCs  was  found  to  be  twice  that  of  small  PPCs.  As  a 
result, the Community industry lost a large part of its market  share of large PPCs 
to the dumped imports from Japan and profitability  declined  considerably.  On the 
whole,  in  was  found  that  the  Community  industry  could  not  be  said  to  be  in  a 
better  position  than  at  the  time  of  the  original  investigation,  when  the  Council 
determined that material injury  existed. 

The Council  thus  decided  to  maintain  the  existing  anti-dumping  duty  at  its  rates 
already  in  force  (which  vary  between  7.2  percent  and  20  percent)  for  a  further 
period  of  two  years  (taking  into  account  the  exceptionally  long  duration  of  the 
review procedure),  and to  extend the product  scope of the  duty to  include  PPCs 
capable  of  operating  at  a  speed  of  more  than  75  copies  per  minute  of  A4  size 
paper.  The maintenance  of measures at their  existing level  and  their  extension  to 
PPCs  over  75  copies  per  minute  was  deemed  necessary,  but  also  sufficient,  to 
counteract the injurious  effects  of dumping, especially on large PPCs. 

The  limitation  of the  new  measures  to  two  years  instead  of  the  usual  five  years 
was  considered  justified  by  the  exceptional  length  of  the  review  investigation 
during which the existing duty had remained in force. 

7.1.2.  INTERIM  REVIEWS 

Since  1991,  61  reviews  have  been  initiated  under  the  provisions  for  interim 
reviews  (art.  14  of  the  previous  basic  regulation,  art.  11(3)  of  the  current 
regulation).  Following  review,  23 measures were repealed  and  43 were  allowed 
to continue, mainly in amended  form. 

In  1995,  9  reviews  were  initiated  under  article  11(3).  During  1995,  and 
subsequent  to  review  investigations,  7 measures were  repealed  and  4 allowed  to 
continue in amended  form.  Details of these reviews  can be found  in Annexes H, 
I,  L, M, and N. 

7.1.3.  "NEWCOMER"  REVIEWS 

The principle of granting reviews to new exporters  is enshrined  in article  11(4) of 
the new basic regulation.  Such reviews had  also been  carried  out  in the  past  for 
the benefit  of  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.  New  exporters  need  to  provide  sufficient  evidence  that  they  have 
no  links with  any party  involved  in the  original  investigation,  and  that  they  have 
exported  to the Community  since the investigation  period,  or have an irrevocable 
contractual  obligation  to  do  so.  When  a review  for  a new  exporter  is  initiated, 

37 

the duties are suspended  for the duration of the investigation, whilst imports from 
that company are made subject to registration. 

Since  the  Commission  carried  out  the  first  review  of  this  type  in  1990,  15 
investigations have been initiated, one of which was in  1995.  Also in  1995, one 
measure  was  allowed  to  remain  in  place  unamended  as  a  result  of  a  newcomer 
review. 

7.1 A 

"ABSORPTION"  REVIEWS 

The  possibility  of  "absorption"  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  of  1988 under  article 
13(11), and enshrined in article  12 of the  1994 basic legislation. 

Since  1988,  six  such  reviews  have  been  initiated,  though  none  was  initiated  in 
1995,  Two  "absorption"  review  investigations  were  terminated  in  1995,  where 
additional duties were imposed in one case (electronic weighing scales from 

Singapore)  and  no  further  action  was  taken  in  the  other  (electronic  weighing 
scales from  Japan).  References  can be found  in Annexes I and L. 

7.1.5.  "CIRCUMVENTION"  REVIEWS 

in  circumstances  where 
The  possibility  of  investigations  being  re-opened 
evidence  is  brought  that  anti-dumping  measures  are  being  circumvented  was 
introduced by article  13 of the new basic regulation. 

In  1995,  investigations  were  opened  with  regard  to  9  countries  where  it  was 
alleged  that  practices  intended  to  circumvent  anti-dumping  measures was  taking 
place.  These investigations are listed in Annex H. 

8.  SUSPENSION  OF MEASURES 

Article  14(4)  of  the  new  basic  regulation  provides,  for  the  first  time,  for  the  temporary 
suspension  of measures in cases where market  conditions have temporarily  changed  to  an 
extent  that  injury  would  be  unlikely  to  resume  as  a  result  of  the  suspension.  Measures 
may  be  reinstated  if the  reason  for  the  suspension  is  no  longer  applicable.  In  1995, this 
article was applied  for  the first time, and measures were  suspended  in three cases.  Details 
are given in Annex 0. 

38 

9.  MONITORING  OF UNDERTAKINGS 

Undertakings  are  accepted  by  the  Commission  where  it  is  found  that  such  a  measure 
constitutes  an  appropriate  solution,  in  particular  eliminates  the  effect  of  injurious 
dumping,  and  where  it  can be  effectively  monitored.  In  line with  the  Declaration  of  the 
Essen  Summit  of November  1994  regarding  the  Union's  relations  with  Eastern  Europe, 
the  possibility  of  concluding  a  anti-dumping  investigation  by  accepting  undertakings 
instead  of imposing  duties has to  be  examined  in all cases involving  countries  of  Central 
and Eastern Europe.  Undertakings  also  constitute the primary  solution  in regional  cases. 
Except  for  the  latter,  it  is  the  practice  of  the  Commission  and  Council  to  combine  the 
acceptance of undertakings with the imposition of definitive  residual duties. 

Most  undertakings  accepted  by the Commission  take the  form  of price undertakings,  but 
some  quantitative  undertakings  are  also  in  force  at  the  present  time.  Given  that  the 
respect  of undertakings  is not  controlled  by the  customs  authorities,  effective  monitoring 
by the Commission is of particular importance. 

The  monitoring  of  undertakings  begins  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  may be requested  if necessary. 

Regular  inspections  are  made  at  the  premises  of  the  companies  concerned  to  ensure 
compliance  with  the  terms  of  the  undertaking.  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 
8  of  the  Basic  Regulation,  impose  duties  on  the  product  after  having  given  interested 
parties an opportunity to comment. 

In  1995, undertakings  were  accepted  from  one  or  more  companies  in  the  framework  of 
several  anti-dumping  investigations.  Four  definitive  duties  were  imposed  in  1995 
following  the  withdrawal  of  an undertaking  by the  exporters.  These  measures  concerned 
imports  of tungsten  ores  and  concentrates,  tungstic  oxide  and  acid,  and  tungsten  carbide 
and  fused  tungsten  carbide  originating  in  the  P.R.  China,  and  artificial  corundum 
originating in Russia.  Details of these measures are given in Annex J. 

10.  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 established in respect  of the goods concerned. 

39 

In  1995,  one  decision  was  rendered  with  regard  to  requests  for  refund^.  This  decision 
declared  inadmissible  a request  for  the  refund  of anti-dumping  duties  paid  on  imports  of 
espadrilles originating in the P.R.  China. 

This  decision  was  motivated  by  the  fact  that  insufficient  information  had  been  provided 
with  regard  to  normal  value  and  export  prices  in  order  to  enable  the  Commission  to 
calculate  the  actual  dumping  margin.  Other  refund  requests  were  withdrawn  during  the 
course of the year. 

11.  COURT OF FIRST INSTANCE 

11.1.  OVERVIEW 

A list of the anti-dumping and anti-subsidy cases before the Court of First  Instance 
is given in Annex P.  It shows the cases which were still pending at the beginning of 
1995, in addition to the five new cases brought  during the year.  Judgements were 
rendered in five cases, summaries of which are given below.  In addition, one case 
was removed from the register. 

11.2  NEW CASES 

The  nine  new  cases  brought  during  the  year  concerned  : the  annulment  of  duties 
imposed  on  the  grounds  that  they  create  a  monopoly  position  for  the  community 
producer7  the  annulment  of  a decision  not  to  grant  refunds  of  anti-dumping  duties 
paid,  and  challenging  the  Commission's  inclusion  of  those  duties  as  a  cost8  ;  the 
extent  of  the  scope  of  the  product  subject  to  measures  in  relation  to  that  which 
formed  the  basis  of  the  injury  determination9  ;  a  challenge  to  the  amendment  of 
anti-dumping duties in respect  of one country and their repeal in respect  of another10 
;  a challenge to  the initiation  of proceedings1 '  ; and  a challenge to  the  initiation  of 
review  proceedings12  ;  the  annulment  of  provisional  duties13,  the  profit  used  for 
calculating 
impose  anti-dumping 
measures15. 

threshold14  and, 

the  failure 

injury 

the 

to 

At  the  end  of  1995,  15  cases  were  still  pending  in  front  of  the  Court  of  First 
Instance.  An appeal lodged by the Commission  against  a judgement  of the Court  of 
First  Instance  was  also  pending  in  front  of  the  Court  of  Justice,  as  well  as  one 
lodged by Blackspur DIY against a judgement  of the Court  of First Instance. 

6  OJ No L 229, 26.9.95. p. 10. 
7  Case T - 2/95, OJ C54, 04.03.95 

Case T- 78/95, OJ C  119,  13.05.95 
Case T - 97/95, OJ  C  159, 24.06.95 
Case T -  121/95, OJ C  189, 22.07.95 
Case T-l34/95, OJ C 229, 02.09.95 
Case T-192/95, OJ C 351, 30.12.95 
Case T - 208/95, OJ C 351, 30.12.95 

14  Case T-210/95,  OJC31,03.02.96 
15  Case T - 212/95, OJ C 64, 02.03.96 

40 

11.3.  JUDGEMENTS  RENDERED 

The Court  of First Instance delivered judgements in  1995 in seven cases : 

11.3.1.  Ball-bearings  :  judgement  of 2 May  199516 

-  Cases T-163/94 and  T-165/94, NTN Corporation and Koyo  Seiko v. Council 

The  applications  in  these  cases  were  lodged  by  two  companies  manufacturing 
ball-bearings in Japan, and whose exports to the Community were subject  to anti 
dumping  duties  of  3.2%  (NTN)  and  5.5% (Koyo), until, as a result  of  a  review 
investigation, those duties were increased to  11.6% and  13.7% respectively. 

The applicants had  put  forward  several pleas contesting the  regulation  extending 
and increasing the definitive  duties as a result  of the review, which had  taken 41 
months  to  complete,  and  during  which  the  measures  would  otherwise ' have 
expired  after  the  normal five-year period.  These  pleas  concerned  the  abnormal 
length of time taken to carry out the review; the allegation that the Council had 
failed  to  establish  injury  to  the  Community  industry  and  did  not  correctly 
determine the possible effects  of the expiry of the existing measures; the fact  that 
the  measures  were  imposed  in the  absence  of  any finding of  injury  or  threat  of 
injury,  and of any likelihood of recurrence of material injury; an alleged misuse of 
powers  on  the  ground  that  the  Council  was  aware  that  there  was  neither  injury 
nor  a threat  of  injury  to  the  Community  industry;  and the  level  of  anti-dumping 
duties imposed. 

With regard  to the pleas on absence of injury  or threat  of injury,  the Court  noted 
that the  Council's  decision to  modify  the  duties  subsequent  to  review  was  based 
on the  view  that  the  dumped  imports  threatened  to  cause  material  injury  to  the 
Community  industry,  it  being  clear  that  the  contested  regulation  contained  no 
evidence  of  actual  material  injury,  and  that  the  removal  of  the  existing  anti 
dumping measures could lead to a recurrence of material  injury. 

In  the  light  of  the  above,  the  Court  found  that  the  Council's  conclusion  in  the 
contested  regulation  that  the dumped imports threatened  to  cause material  injury 
to  the  Community  ball-bearing  industry  was  wrong  in  law  and  in  fact.  In  this 
respect, the Court  further  found  that the general result  of the errors of fact  made 
by the Council was to  show trends contrary to the true evolution of the market. 

With regard  to the plea that the review investigation  was not  completed  within a 
reasonable  time, the  Court  held  that  the  one year  period  mentioned  in the  basic 
regulation had to  be considered  as a guideline rather than a mandatory time-limit. 
However, in view of the Community institutions' familiarity  with the ball-bearings 
sector,  going  b  k  to  1976,  and  the  fact  that  other  investigations  in  respect  of 
this  sector  had  been  completed  in  far  less  time,  the  Court, considered  that  the 
Council  could  not  rely on its arguments relating to  the  complexity  of the  data  to 
be  collected  and  examination  of  the  profitability  of  Community  production  to 
justify  such a long period. 

16  Cases T-163/94 andT  165/94, OJ C 159, 24.06.95 

41 

Consequently,  the  Court  ruled  that  Article  1 of  the  contested  regulation  should 
be  annulled  in  so  far  as it  affected  the  applicants,  and  deemed  it  unnecessary  to 
rule on their other pleas. 

11.3.2.  Outer rings of tapered roller bearings (cups) :  judgement  of  14 July  199517 

-  Case T-166/94, Koyo  Seiko v. Council 

The  applicant  is  a  manufacturer  of,  inter  alia,  outer  rings  of  tapered  roller 
bearings (cups) in Japan, the import of which into the Community were  subjected 
to a definitive  anti-dumping duty in January  1993. 

Though  the  parties  agreed  that  cups  are  a  separate  product  which  may  be  the 
subject  of a separate anti-dumping proceeding, the applicant claimed that there 
was, in the present  case, no competition between the cups of different  producers 
since,  in  practice,  it  was  impossible  to  assemble  the  cups  of  one  producer  with 
the  other  components  of  another  producer's  tapered  roller  bearings.  Therefore, 
the  import  of  dumped  cups  could  not  cause  injury  different  from  the  injury 
caused by the import of dumped complete tapered  roller bearings. 

In  this  respect,  the  Court  held  that  the  Community  institutions  were  correct  to 
concentrate  their  analysis on the  cup  as  a  separate  product  since,  in  addition  to 
the technical distinction that exists between a cup and a complete TRB, the cups 

were  sold  and  invoiced  separately from the  other  components  of the  TRB.  The 
Court  further  held that  the existence of competition  between  cups  from  different 
producers did not merely depend upon their degree of interchangeability  but that, 
since the product  as a whole could be replaced by another, any advantage  derived 
from  one  of  the  components  of  that  product  was  likely  to  influence  the 
consumer's  choice.  By  the  same token,  undercutting  the  price  of  the  cup  was 
indeed likely to injure the Community producers of cups. 

The  applicant  further  contested  the  Community  institutions'  right  to  limit  their 
investigation  into injury  to  only one part  of the Community  market  though,  as in 
this  case,  the  parties  had  agreed  that  the French,  German  and  United  Kingdom 
producers represented  a major  proportion - 80% - of Community  production. 

The  Court  held  that  the institutions' practice  of taking  only a representative  part 
of the  Community  market  in order  to  investigate  the  impact  of dumped  imports 
the  unity  of  that  market,  provided  that  the 
did  not  infringe  the  principle  of 
representative  nature  of the  sample was  sufficiently  demonstrated.  The  Spanish 
and  Italian  markets,  which  were  closed  to  imports  as  a  result  of  national 
protective  measures,  were  considered  to  be  atypical  in  comparison  with  the 
Community  market  for  cups  as  a  whole.  The  Court  therefore  held  that  the 
institutions  were  right  in regarding  the  sample  taken  to  be  representative  of  the 
Community  market  as  a whole, both  as regards  price  differences  and  as  regards 
sales and market shares. 

17  Case T-166/94, OJ  C 268,  14.10.95 

42 

insufficiently 
The  applicant  had  further  complained  that  the  Council  had 
investigated whether or not imports of cups from third countries other than Japan 
might  have  contributed  to  the  injury  caused  to  the  Community  industry. 
Although  all  parties  had  recognized  that  the  term  "small  quantities"  used  in  the 
regulation  imposing  provisional  duties,  and  referring  to  imports  of  cups  from 
third  countries  other  than  Japan,  was  incorrect,  the  Court  considered  that  the 
content  of  the  provisional  regulation  as  a  whole  had  to  be  interpreted  by 
reference  to  the  entire reasoning  adopted  by the institutions  in order  to  establish 
whether  other  reasons likely to  have affected  the injury  found  were  investigated, 
and whether such factors had been taken into account. 

In  this  respect,  the  Court  noted  that  the  Community  institutions  at  least 
investigated  whether  the  import  of  cups  from  third  countries  other  than  Japan 
might  have  contributed  to  the  injury  suffered  by  the  Community  industry. 
It 
further  noted  that  the  applicant  had  never  disputed  that  the  Community 
institutions had correctly  determined  the injury  in terms of the profitability  of the 
Community  industry,  in spite of its claims that  manifest  errors  of  appraisal  were 
committed.  Consequently,  since  the  injury  was  determined  in  terms  of  the 
Community  producers'  profitability,  it was  not  unreasonable  for  the  Community 
institutions  to  consider  that  the  import  of  cups  originating  from  related 
companies  could  not  have  had  an  effect  on  the  profitability  of  the  Community 
producers.  Indeed, the aim of any producer being to increase the profitability  of 

its business, the decision to import  cups from related companies either in order  to 
sell  them  directly  and  separately  on  the  Community  market,  or  in  order  to 
incorporate  them  into  complete  TRBs  with  the  objective  of  reducing  the  cost 
price and thus increasing profitability,  could  not  have resulted  in a loss in  profits 
and could not therefore  have constituted  a cause of injury. 

The  Court  therefore  held  that  the  Community  institutions  had  correctly 
considered  that  the  import  of  cups from third  countries  other  than  Japan  could 
not  have  affected  the  profitability  of  the  Community  industry,  and  did  not 
therefore  have to be taken into account in order to determine the injury  caused by 
the dumped Japanese imports. 

The application was dismissed. 

11.3.3.  Electronic weighing scales  :  judgement of  14 September  199518 

-  Case T-171/94, Descom Scales Manufacturing  Co. Ltd. v. Council 

The  applicant  is  a  producer  of  electronic  weighing  scales  in  S.  Korea,  being 
jointly  owned  by  Dailim  Scales  of  Seoul,  S.  Korea  and  Ishida  Scales,  Kyoto, 
Japan.  The  product  concerned,  on  which  an  anti-dumping  duty  of  26.7%  was 
imposed  in  October  1993,  is  an  electronic  weighing  scale  for  use  in  the  retail 
trade, manufactured  by Descom, and marketed  in Korea by Dailim and in the rest 
of the world  by Ishida.  Ishida Europe Ltd., a wholly-owned  subsidiary  of Ishida 

18  Case T-171/94, OJ C 286,  28.10.95 

43 

Japan,  marketed  the  scales  in  Europe  via  three  independent  buyer/distributors, 
and invoiced the latter via Descom and Ishida Japan. 

The  applicant  challenged  the  Commission  and  Council's finding that  the  export 
price  of  its  product  was  unreliable  because  Ishida  Europe  incurred  selling 
expenses  for  the  product  which  were  normally  borne  by  an  importer.  The 
Community institutions had constructed  the export  price on the basis of the  price 
invoices  to  the  three  importers,  from  which  were  deducted  the  average  general 
expenses of Ishida Europe and a reasonable profit.  The applicant argued that 
none  of  the  conditions  for  constructing  the  export  price  given  in  the  basic 
regulation had been met. 

The  Court  noted  that  Ishida  Europe,  Ishida  Japan  and  Descom  were,  indeed 
connected  undertakings, that  the  scales produced  by Descom  were  sold  through 
the intermediary of Ishida Europe, which also handled customers' orders, and that 
Ishida  Europe  was  established  in  the  Community,  the  formalities  for  exporting 
the products from Japan being carried  out by Descom and not by Ishida  Europe. 
The  Court  further  noted  that  the  unit  price  for  the  product  paid  by  one  of  the 
three  independent  buyers  to  Ishida  Europe  did  not  correspond  to  the  price 
invoiced  to  the  latter  by  Ishida  Japan.  The  Court  therefore  held  that,  in  the 
circumstances mentioned  above, and bearing in mind the association  between 
Ishida Europe and Descom, the price paid  by the three independent  buyers could 
not be used as the export price. 

As to the  applicant's  claim that  their rights of defence  were infringed,  in that  the 
Commission failed  at the time the facts were verified to inform the applicant of its 
decision  to  reject  its  claim  for  adjustments  to  salesmen's  salaries,  and  failed  to 
provide  a  written  note  of  the  verification  made,  the  Court  held  that  the  basic 
regulation  did  riot  lay  down  any  obligation  to  draw  up  a  report  after  each 
verification  in the  course  of  an  investigation.  The  Court  further  noted  that  the 
regulation  provides  that  exporters  and  importers  may request  to  be  informed  of 
the  essential  facts  and  considerations  on  which  the  recommended  measures  are 
based,  and  that  the  Commission  may  give  that  information  either  orally  or  in 
writing as it considers appropriate. 

The application was therefore  dismissed. 

11.3.4  Paint brushes  :  judgements of  18 September  199519 

-  Case T-167/94, Detlef Nolle v. Council and Commission 
-  Case T-168/94, Blackspur DIY Ltd. and others v. Council and  Commission 

The  applicants  are  importers  into  Germany  and  the  U.K.  of  paint,  distemper, 
varnish  and  similar  brushes  originating  in the People's  Republic  of  China,  which 
had been subject  to anti-dumping duties in March  1989. 

Following the judgement  of the Court of Justice (Case C-16/90,  see  10th Annual 
Report,  section  6.2.4.)  which  declared  invalid  the  regulation  imposing  definitive 

19  Cases T-167/94 and 168/94, OJ C 286, 28.10.95 

44 

anti-dumping  duties  and  collecting  the  provisional  duties,  the  applicants  lodged 
claims  for  compensation  for  the  damage  allegedly  incurred  by  reason  of  the 
adoption of that  regulation. 

The  Court  dismissed  the  applications  for  compensation,  and  ordered 
applicants to pay the costs.  Blackspur DIY subsequently lodged an appeal. 

the 

11.3.5.  Potassium chloride (potash)  :  judgement  of 28 September  199520 

-  Case T-164/94, Ferchimex  S.A. v. Council 

Ferchimex  S.A.,  the  applicant,  is an  official  importer  of potash  from  Russia  and 
Belarus  into  the  Community,  and  was  involved,  in  that  capacity,  in  the  anti 
dumping  proceeding  which  resulted  in  the  imposition  of  definitive  duties  on 
imports into the Community  of potassium  chloride originating  in Belarus,  Russia 
and Ukraine. 

The  applicant  argued  that  normal  value  had  been  wrongly  determined,  that  the 
assessment  of  injury  was  illegal  since  no  account  had  been  taken  of  the  role 
played  by  the  complainants,  and  that  the  Commission  failed  to  notify  the 
authorities in Russia, Belarus and Ukraine of the proceeding. 

With  regard  to  the  first  plea,  the  Court  held  that  the  determination  of  normal 
value  fell  within  the  wide  discretion  enjoyed  by  the  institutions  in  analysing 
complex  economic  situations.  In view  of the  fact  that  Canada  had,  in this  case, 
to  be  regarded  as  an  appropriate  reference  country,  and  of  the  efforts  made  by 
the  Commission  to  obtain  information  from  sources  other  than  a  Canadian 
producer  with  links  to  Community  producers,  the  Court  concluded  that  the 
Commission  had  had  no  alternative  but  to  use  information  emanating  from  that 
company.  It  was  also  considered  reasonable  for  this  information  to  have  been 
used in conjunction  with information  on prices on the U.S. market  in view  of the 
fact  that  the  Canadian  market  had  been  found 
to  be  too  small  to  be 
representative. 

The  Court  also  held  that  no  provision  in  the  basic  regulation  obliged  the 
Commission,  on opening  the proceeding, to  inform  the parties  of the  method  by 
which normal value was to be calculated. 

With regard to the plea that the assessment  of injury  was illegal  since no  account 
was taken  of the role  played  by the  complainants,  the  Court  considered  that  the 
Council had not exceeded the limits of the discretion conferred  on the  institutions 
by  deciding  not  to  exclude  the  complainants  who  had  imported  from  the 
definition  of Community  industry  in view  of the  small proportion  represented  by 
those imports. 

As  far  as  concerned  the  plea  that  the  Commission  had  failed  to  notify  the 
authorities  in  Russia,  Belarus  and  Ukraine  of  the  anti-dumping  proceeding,  the 
Court  held that nothing in the basic regulation,  nor any general  principle,  obliged 

20  Case T-164/94, OJ C 315, 25.11.95 

45 

the Commission to  repeat  a notification  made to  a state to  any  states which may 
succeed  it.  Indeed, in assuming the rights and obligations of the state which they 
succeed, those states had to take anti-dumping proceedings as they found  them. 

In view of the above, the Court dismissed the action. 

12.  ANTI-SUBSIDY INVESTIGATIONS  OF THIRD  COUNTRIES 
CONCERNING IMPORTS FROM E.U. MEMBER  STATES 

12.1.  U.S.A. 

12.1.1.  Pasta 

On  1  June  1995,  the  US  initiated  an  anti-dumping  and  CVD  investigation 
concerning imports of pasta from Italy.  The subsidies alleged with regard to Italy 
are  Community  export  refunds  and  structural  funds,  and  Italian  Government 
incentives,  mostly  concerning  the  Mezzogiorno  region.  On  26  June  1995,  the 
ITC made a positive preliminary injury finding. 

On  10 October  1995, the  DOC  imposed  provisional  countervailing  duties  of  up 
10.67%  on  imports  of  pasta  from  Italy.  For  most  exporters,  the  duties  do  not 
exceed  4%.  The  DOC  carried  out  verification  visits  to  the  Commission,  the 
Government  of  Italy  and  the  exporters  between  26  October  and  10  November 
1995.  There  were  also  parallel  anti-dumping  investigations  concerning  Italy,  in 
which preliminary findings were due on  15 December  1995. 

The  Commission  has  held  several  rounds  of  consultations  with  the  US  under 
Article  13 of the  Subsidies Agreement.  It plans to  make a further  submission  on 
the  non-actionability  of  regional  schemes  and  on  injury,  and  will  hold  further 
consultations  with  the  US  before  the  final  decision  is  taken  by  the  DOC  in 
early 1996. 

12.1.2  Steel 

In October  1995, the DOC  completed  the administrative review in the CVD  case 
concerning  lead  and  bismuth  steel  products  from  the  UK.  The  duties  were 
assessed  at between 2.68 and 20.33%. 

The  DOC  also  imposed  definitive  countervailing  duties  on  imports  of  seamless 
pipes and oil country tubular goods from Italy. 

46 

12.2.  Argentina 

12.2.1  Canned Peaches 

On 31 January  1995, Argentina  initiated  a CVD case concerning  canned  peaches 
from  the  EU.  The  Commission  prepared  a  submission  on  behalf  of  the 
Community with regard to the subsidy and injury  aspects of the case. It 
emphasised  in  particular  the  decline  in  exports  to  Argentina  in  1994  and  the 
consequent lack of injury  caused by EC exports. 

Argentina  has now terminated  its preliminary  investigation  and  is due to  make a 
finding  shortly  with  regard  to  this  case.  The  Community's final submission  was 
sent on 5 December  1995. 

12.2.2.  Olive oil 

On  22  September  1995,  Argentina 
investigation  concerning olive oil from the EU without measures. 

terminated 

the  countervailing  duty 

12.3  Mexico 

12.3.1.  Beef 

On 3 June  1994, Mexico  announced  the imposition  of a definitive  countervailing 
duty of 45.74% on imports of frozen beef from the EC. 

Following the intervention  of the Commission, a review request was  submitted in 
November  1995, on the basis that export  subsidies have now been eliminated and 
imports  have been  negligible  over the  past  year.  Mexico  will decide  in the  near 
future  whether or not to initiate a review. 

12.3.2.  Pork 

On 22 November  1994, Mexico  opened  an anti-subsidy  investigation  concerning 
imports  of  certain  pork  products  from  Denmark.  The  market  share  of  Danish 
imports  was  only  1%  and  no  evidence  had  been  presented  concerning  the 
situation of the domestic industry. 

Nevertheless,  Mexico  imposed  a  provisional  countervailing  duty  on  12  June 
1995,  having  rejected  all  the  information  supplied  by  the  Commission  on  the 
grounds that  the Community  had no legal basis to act  on Denmark's behalf.  The 
Commission  protested  strongly  to  Mexico  at  this  serious  procedural  violation 
and at the lack of evidence to justify  provisional measures. 

Following  consultations,  Mexico  has  now  agreed  (subject  to  a  domestic  legal 
challenge  from  the  petitioner)  to  recognize  the  authority  of  the  Community  in 
these matters  and to  consider the information  presented  by the Commission.  The 
Commission  has  argued  against  imposing  definitive  measures,  since  there  seems 

47 

to  be  no  threat  of  injury  and  the  export  refund  of  the  main  pork  products  has 
been abolished. 

Mexico  should  make  a  decision  by  the  end  of  the  year,  although  this  timetable 
may be delayed by domestic legal problems. 

12.4  Canada 

12.4.1.  Sugar 

On  17  March  1995,  Canada 
concerning imports of refined  sugar from the EU. 

initiated  a  countervailing  duty 

investigation 

On  7  July  1995,  Canada  imposed  a  provisional  countervailing  duty  on  imports 
from the EU.  The Commission  held  consultations with  Canada  in Geneva  on 25 
September  1995,  emphasising  the  lack  of  injury  and  the  over-estimation  of  the 
subsidy amount,  and written  submissions were made to both Revenue  Canada  and 
the CITT. 

On  5  October  1995,  Revenue  Canada  confirmed  its  definitive  subsidy  finding 
against  the  EU,  setting  the  countervailing  duty  at  50.79  ECU  per  100  kg  (about 
138% ad valorem).  On 6 November  1995, the CITT  found  that  imports from  the 
EU were threatening injury to. the domestic industry. 

In a parallel  anti-dumping  case, Canada made  a definitive  dumping  finding  against 
UK,  Germany, Netherlands  and  Denmark.  As the  level  of the  countervailing  duty 
was higher than the dumping,  no extra dumping duty will be collected. 

Consultations  under  the  Subsidies  Agreement  were  held  with  Canada  on  14 
December  1995,  in  order  to  clarify  the  issues  of  the  amount  of  subsidy  and  the 
threat  of injury finding, neither  of which  seem  satisfactory.  In  particular,  imports 
from  the Community  account  for  only about  1 % of the Canadian  market  and  have 
declined sharply in recent years. 

12.4.2.  Pasta 

On  30  August  1995,  Canada  initiated  an  anti-dumping  and  countervailing  duty 
case concerning pasta from  Italy. 

The  Commission,  assisted  by  the  Italian  authorities,  replied  to  Revenue  Canada's 
questionnaire and  verification  took place in October  1995. 

At that  stage, the  countervailing  investigation  concerned  only  export  refunds,  and 
the  Commission  had  already  pointed  out  in consultations  that  these  had  not  been 
granted  since  June  1995,  and  would  be  unlikely  to  be  granted  in  the  foreseeable 
future. 

investigation,  and  on  20 
Canada,  however,  maintained 
November  1995  extended  it  (at  the  petitioner's  request)  to  include  all  the  Italian 

its  countervailing 

43 

national programmes examined in the US case. The Commission requested  Canada 
the  exclusion  of  a  number  of  programmes  found  by  the  US  to  be  either  non-
countervailable or not used, but Canada refused  this request.  The Commission 
therefore  asked  for  immediate  consultations  in  Geneva  under  the  Subsidies 
Agreement  in  view  of  the  lack  of  pre-consultations  and  the  apparent  lack  of 
sufficient  evidence for this new investigation. 

12.4.3.  Canned ham and luncheon meat 

On  21 March  1995, Canada  decided,  following  an  expiry  review,  to  maintain  the 
countervailing  measures  on  canned  ham  from  Denmark  and  the  Netherlands  and 
luncheon meat from the EU. 

12.5.  Israel 

12.5.1.  Pasta and baked  goods 

On  26  July  1995, the  Commission  was  notified  by  Israel  of  countervailing  duty 
complaints concerning imports of pasta from Italy and baked goods from the EU. 
Consultations on this matter were held with the Ministry of Industry and Trade in 
Jerusalem of 31 August  1995. 

The  investigation  concerning  baked  goods  (countervailing  only)  was  opened  on 
14 September  1995  and  the  Commission  has made  a  submission  on  this  matter, 
expressing  concern  about  the calculation  of the  subsidy  amount  and  the  standing 
of  the  complainant.  The  lack  of  evidence  contained  in the  complaint  was  also 
raised. 

With regard  to  pasta,  the investigation  (CVD  and  anti-dumping)  was  opened  on 
1 October  1995. The Commission made a full  submission by  15 December  1995. 

12.6  New Zealand 

12.6.1.  Spaghetti  and baked beans 

On 2 and  9 October  1995, New Zealand  notified  the  Commission  of the  receipt 
of two  countervailing  duty compaints concerning  imports from Italy  of  spaghetti 
and baked  beans in tomato  sauce respectively,  on the basis of CAP  subsidies and 
regional aid to the south of Italy. 

Consultations on both  cases under Article  13.1 of the  Subsidies Agreement  were 
held  in  Geneva  on  24  October  1995.  At  these  consultations,  the  Commission 
pointed  out  that  in  both  cases  the  Italian  market  share  was  only  1%  and  that 
many of the regie 

.1 schemes were non-actionable. 

A decision on initiation is still awaited from New Zealand. 

49 

12.7.  Australia 

12.7.1.  Diesel-fuelled  generators 

On 27 October  1995, Australia  notified  the Commission of a CVD  complaint  on 
imports  of diesel fuelled  generators from UK.  The  only  exporter  is in  Northern 
Ireland, and the alleged  subsidy is the Selective Financial Assistance scheme. 

The  Commission,  with  help  from  the  UK  authorities,  presented  information  to 
attempt  to  show  that  this  is  a  non-actionable  regional  scheme  under  Article 
8.2(b). 

Australia, however, decided to initiate an investigation on  12 December  1995. 

12.7.2.  Canned  tomatoes 

On  18 October  1995, Australia initiated  a review  of the amount  of subsidy  in the 
countervailing  case  concerning  canned  tomatoes  from  Italy  and  Spain.  The 
Commission  submitted  factual  information  in this regard. 

12.8  Bolivia 

In  June  1995,  following  the  Commission's  intervention,  Bolivia  terminated  the 
CVD case concerning wheat from Germany and Denmark without measures. 

13.  GATT ISSUES 

13.1  DISPUTE  SETTLEMENT  PROCEEDINGS 

13.1.1  GATTAVTO panel proceedings requested  by the Community 

i) Lead and bismuth steel bars 

This panel agreed with the Community, in October  1994, that countervailing duties 
imposed by the US on these products exported from France, Germany and the UK 
were  not  in  conformity  with  the  (then  in force)  1979  Subsidies  Code.  The  report 
has been  discussed  on  at  least  two  occasions by the  Tokyo  Round  Committee  on 
Subsidies  and  Countervailing  Measures,  but  the  US  has  refused  to  agree  to  its 
adoption  by  the  Committee.  This  Committee  remains  in  operation  throughout 
1996  for  the  purpose  of  pending  dispute  settlement  proceedings,  and  the  report 
may still be discussed before  it. 

ii)  Flat-rolled  steel  products 

The  Community  had  originally  requested  the  establishment  of  this  panel  to  deal 
with imposition of countervailing duties by the US on these products exported 

50 

from the Community.  The proceedings were  subsequently  suspended  in December 
1994 and remain so. 

13.1.2. GATTAVTO panel proceedings requested by third countries against the Community 

i)  Audio-cassettes 

The  establishment  of  this  panel  had  been  requested  by  Japan,  which  alleged  that 
anti-dumping  duties  imposed  by  the  Community  on  imports  of  audio-cassettes 
from  Japan  were  not  in  conformity  with  the  (then  in  force)  1979  Anti-Dumping 
Code.  The panel issued  a report  in April  1995.  On  most  issues, it  found  Japan's 
allegations  to  be  unfounded;  however,  it  criticised  the  Community  on  one  issue 
concerning  the  calculation  of the  dumping  margin.  The report  has been  examined 
once by the GATT Anti-Dumping  Committee, which has not yet  concluded  on the 
contents of the report. 

ii)  Cotton yarn 

The  establishment  of  this  panel  had  been  requested  by  Brazil,  which  alleged  that 
anti-dumping  duties  imposed  by the  Community  on  imports  of  cotton  yarn  from 
Brazil were  not  in conformity  with  the  (then  in force)  1979  Anti-Dumping  Code. 
The  panel  issued  a report  in  July  1995.  It  found  the  allegations  by  Brazil  to  be 
unfounded  in their  entirety,  and  confirmed  that  the  Community's  actions  were  in 
conformity  with international  rules.  Brazil agreed  to the adoption  of the report  by 
the Tokyo Round  Anti-Dumping Committee in October  1995. 

14. PROPOSAL FOR A NEW BASIC REGULATION 

Following the publication  of the new basic regulation  (Council Reg. no.(EC)  3283/94)  on 
31  December  1994, it  came to  the  Commission  and  Council's  attention  that  a  number  of 
modifications  were  required  in  the  texts  which  had  been  published  in  some  of  the 
Community languages.  These modifications  were of a purely technical nature, and  did not 
entail  changes  in the  substance  of the text  which  had,  of course,  been  agreed  during  and 
subsequent  to  the  Uruguay  Round  negotiations.  In  order  to  amend  the  various  linguistic 
versions  of the  text,  and  to  produce  versions  in each  of the  Community  languages  which 
are  considered  to  be  satisfactory,  the  most  appropriate  solution  appeared  to  be  the 
adoption  of  a  new  consolidated  text  (also  incorporating  two  substantive  amendments 
made earlier in  1995 to the current basic regulation), which would replace regulation 
3283/94.  The  European  Parliament  was  consulted  on,  and  approved,  the  final  revised 
text.  Publication  of the amended basic regulation took place on 

15.  PERSONNEL AND  ADMINISTRATION 

Thanks to the support  of the European Parliament, the Commission was able to obtain the 
projected  reinforcement  of  staff  for  1995.  Of  the  59  new  posts  allocated  to  the  anti 
dumping/anti-subsidy  services, 4 were foreseen  for  the translation  services and  55 for  DG 

51 

I.  The anti-dumping/anti-subsidy services of DG I therefore  numbered  199 members of 
staff at the end of 1995, including external personnel. 

The extensive recruitment campaign started in 1994 by DG I was intensified  in  1995.  All 
of the candidates who  had been  successful  in  open  competitions  and  who  appeared  to 
possess  the  necessary  qualifications  and  experience,  a  total  of  400  people,  were 
interviewed  by  the  anti-dumping/anti-subsidy  services  during  the  course  of  1995,  and 
selections made throughout the year.  Almost all of the posts allocated in 1995 were  filled 
during that budgetary year, and the remainder will be filled at the beginning of 1996. 

Of  those  recruited  during  1995,  25  have  already joined  the  anti-dumping/anti-subsidy 
services, swelling the ranks of the new officials recruited in 1994. 

At the end of the year, the European Parliament decided on the second and final block of 
posts destined  for  the  anti-dumping/anti-subsidy  services.  Of the  59 new posts granted 
for the budgetary year  1996, 54 will be for DG I.  This final block of posts will make up 
the full contingent  of staff for  the anti-dumping/anti-subsidy services, in accordance with 
the increased  staffing  requirements arising from  the decision to  introduce legal deadlines 
in respect of anti-dumping and anti-subsidy proceedings (Council Regs. (EC)Nos. 521/94 
and 522/94). 

In June  1995, the Commission approved the new organigramme of the anti-dumping/anti-
subsidy services within DG I.  This formalized the separation of proceedings into dumping 
investigations on the one hand, and injury investigations on the other.  Since this decision 
was taken, DG I's anti-dumping/anti-subsidy  services have been divided into two distinct 
directorates, each one being responsible for one of the two aspects of the proceedings.  In 
view of the amendments and nominations required to render the new structure effective, it 
became fully operational only in December 1995. 

52 

LIST OF ANNEXES 

A.  Anti-dumping and anti-subsidy investigations initiated during the period  1  January to 31 

December 1995 

B.  Provisional duties imposed during the anti-dumping and anti-subsidy investigations during the 

period 1  January - 31 December 1995 

C.  Investigations concluded by the imposition of definitive duties during the period  1  January - 31 

December 1995 

D.  Investigations concluded on a finding of no injury during the period  1  January - 31 December 

1995 

E.  Investigations concluded for other reasons during the period  1  January - 31 December 1995 
F.  Investigations initiated by country of export during the period  1  January  1991 - 31 December 

1995 

G.  Investigations initiated by product sector during the period  1  January 1991 to 31 December 1995 
H.  Reviews of anti-dumping and anti-subsidy measures opened during the period  1  January - 31 

December 1995 

I.  Review of anti-dumping and anti-subsidy measures concluded by the amendment of definitive 

duties during the period  1  January - 31 December 1995 

J.  Review 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. 1995 
K.  Provisional duties imposed during review investigations during the period  1  January - 31 

December 1995 

L.  Review investigations resulting in no change in the measures in force during the period  1  January 

-31 December 1995 

M. Reviews of anti-dumping and anti-subsidy measures concluded by the repeal of definitive duties 

during the period 1  January - 31 December 1995 

N.  Reviews of anti-dumping and anti-subsidy measures concluded by the repeal of undertakings 

during the period  1  January - 31 December 1995 

O.  Anti-dumping measures suspended during the period  1  January - 31 December 1995 
P.  Anti-dumping and anti-subsidy measures which expired during the period  1  January - 31 

December 1995 

Q.  Anti-dumping and anti-subsidy cases before the Court of First Instance in 1995 
R.  Anti-dumping and anti-subsidy measures in force as at 31 December 1995 

<5b 

ANNEXA 

ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS  INITIATED 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

OJ  reference 

Footwear  (textile) 

P.R. China 

C45, 22.02.95 

Footwear  (textile) 

Indonesia 

C45, 22.02.95 

Footwear  (leather) 

P.R.  China 

C45, 22.02.95 

Footwear  (leather) 

Indonesia 

C45, 22.02.95 

Footwear  (leather) 

Thailand 

C45, 22.02.95 

Disposable lighters 

Philippines 

C67,  18.03.95 

Disposable lighters 

Microdisks (3.5") 

Microdisks (3.5") 

Microdisks (3.5") 

Microdisks (3.5") 

Polyethylene/poly 
propylene sacks 

Polyethylene/poly 
propylene sacks 

Polyethylene/poly 
propylene sacks 

Furfuryl  alcohol 

Furfuryl  alcohol 

Polyester yarn 

Video  cassette 
recorders 

Video  Cassette 
recorders 

Mexico 

Canada 

Indonesia 

Macao 

Thailand 

India 

Indonesia 

Thailand 

C67,  18.03.95 

C84, 06.04.95 

C84, 06.04.95 

C84, 06.04.95 

C84, 06.04.95 

C92,  13.04.95 

C92,  13.04.95 

C92,  13.04.95 

P.R.  China 

C95,  19.04.95 

Thailand 

Malaysia 

S. Korea 

C95,  19.04.95 

C95,  19.04.95 

C104, 25.04.95 

Singapore 

C104, 25.04.95 

5^ 

ANNEX A (continued) 

ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS  INITIATED 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Key components of video 
cassette recorders 

Hydraulic excavators 
(> 6 tonnes) 

Unwrought  unalloyed 
zinc 

Unwrought  unalloyed 
zinc 

Unwrought  unalloyed 
zinc 

Unwrought  unalloyed 
zinc 

Unwrought  unalloyed 
zinc 

Pet video  film 

Wooden pallets 

Country of 
origin 

OJ  reference 

S. Korea 

C104, 25.04.95 

S. Korea 

CI 17,  12.05.95 

Kazakhstan 

C143,  09.06.95 

Poland 

C143,  09.06.95 

Russia 

C143,  09.06.95 

Ukraine 

C143, 09.06.95 

Uzbekistan 

C143,  09.06.95 

S. Korea 

C147,  14.06.95 

Poland 

C178,  13.07.95 

Iron or steel  sections 

Czech Republic 

C180,  14.07.95 

Iron or steel sections 

Glyphosate 

Ring binder mechanisms 

Ring binder mechanisms 

Hungary 

P.R. China 

P.R. China 

Malaysia 

C180,  14.07.95 

C266,  13.10.95 

C 284, 28.10.95 

C 284, 28.10.95 

55 

ANNEXB 

PROVISIONAL DUTIES IMPOSED DURING ANTI-DUMPING  AND 
ANTI-SUBSIDY  INVESTIGATIONS 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Disodium carbonate 
(soda ash) 

Country of 
origin 

U.S.A. 

Microwave ovens 

P.R.  China 

Microwave ovens 

S. Korea 

Microwave ovens 

Thailand 

Microwave ovens 

Malaysia 

Persulphates 

P.R.  China 

Refractory 
chamottes 

P.R.China 

Powdered  activated 

P.R.  China 

carbon 

Butt-welded  tube 
or pipe  fittings 

PR.  China 

Butt-welded  tube 
or pipe  fittings 

Croatia 

Regulation 

OJ  reference 

L83,  13.04.95 

LI56,  07.07.95 

L156,07.07.95 

L156,07.07.95 

LI56,07.07.95 

L169,  19.07.95 

L179,29.07.95 

L192,  15.08.95 

L234, 03.10.95 

L234,03.10.95 

Com. Reg. 
(EC) No.  823/95 
10.04.95 

Com. Reg. 
(EC) No.  1645/95 
05.07.95 

Com. Reg. 
(EC) No.  1645/95 
05.07.95 

Com. Reg. 
(EC) No.  1645/95 
05.07.95 

Com. Reg. 
(EC) No.  1645/95 
05.07.95 

Com. Reg. 
(EC) No.'1748/95 
17.07.95 

Com. Reg. 
(EC) No.  1878/95 
28.07.95 

Com. Reg. 
(EC) No.  1984/95 
10.08.95 

Com. Reg. 
(EC) No. 2318/95 
27.09.95 

Com. Reg. 
(EC) No. 2318/95 
27.09.95 

5t 

ANNEX B (continued) 

PROVISIONAL DUTIES IMPOSED DURING ANTI-DUMPING  AND 
ANTI-SUBSIDY  INVESTIGATIONS 
DURING THE PERIOD  1 JANUARY - 31 DECEMBER  1995 

Product 

Butt-welded  tube 
or pipe fittings 

Country of 
origin 
Thailand 

Coumarin 

P.R.  China 

Bicycles 

Indonesia 

Bicycles 

Malaysia 

Bicycles 

Thailand 

Microdisks (3.5") 

Malaysia 

Microdisks (3.5") 

Mexico 

Microdisks (3.5") 

U.S.A. 

Grain-oriented  electrical 

Russia 

steel sheet 

Unwrought  magnesium 

Russia 

Unwrought  magnesium 

Ukraine 

Regulation 

OJ  reference 

L234, 03.10.95 

L239,07.10.95 

L248,  14.10.95 

L248,  14.10.95 

L248,  14.10.95 

L249,  17.10.95 

L249,  17.10.95 

L249,  17.10.95 

L 252, 20.10.95 

L 312, 23.12.95 

L 312, 23.12.95 

Com. Reg. 
(EC) No. 2318/95 
27.09.95 

Com. Reg. 
(EC) No. 2352/95 
06.10.95 

Com.Reg. 
(EC)No. 2414/95 
13.10.95 

Com.Reg. 
(EC)No. 2414/95 
13.10.95 

Com.Reg. 
(EC)No. 2414/95 
13.10.95 

Com.Reg. 
(EC)No.  2426/95 
16.10.95 

Com.Reg. 
(EC)No. 2426/95 
16.10.95 

Com.Reg. 
(EC)No. 2426/95 
16.10.95 

Com.Dec. 
2450/95/ECSC 
19.10.95 

Com.Reg. 
(EC)No.2997/95 
20.12.95 

Com.Reg. 
(EC)No.2997/95 
20.12.95 

c& 

ANNEXC 

INVESTIGATIONS  CONCLUDED BY THE IMPOSITION OF DEFINITIVE  DUTIES 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

Regulation 

OJ  reference 

Furfuraldehyde 

P.R. China 

Televisions 
(colour) 

Televisions 
(colour) 

Televisions 
(colour) 

Televisions 
(colour) 

Televisions 
(colour) 

Ammonium nitrate 
fertilizer 

Sodium  carbonate 
(soda ash) 

Malaysia 

P.R. China 

S. Korea 

Singapore 

Thailand 

Russia 

U.S.A. 

Ferro-silico-manganese 

Brazil 

Council Reg. 
(EC) No. 95/95 
16.01.95 

Council Reg. 
(EC) No. 710/95 
27.03.95 

Council Reg. 
(EC) No.  710/95 
27.03.95 

Council Reg. 
(EC) No. 710/95 
27.03.95 

Council Reg. 
(EC) No.  710/95 
27.03.95 

Council Reg. 
(EC) No. 710/95 
27.03.95 

Council Reg. 
(EC) No. 2022/95 
16.08.95 

Council Reg. 
(EC) No. 2381/95 
10.10.95 

Council Reg. 
(EC)No. 2413/95 
06.10.95 

L15, 21.01.95 

L73,  01.04.95 

L73, 01.04.95 

L73,  01.04.95 

L73,  01.04.95 

L73,  01.04.95 

L198,  23.08.95 

L244,  12.10.95 

L248,  14.10.95 

<ol 

ANNEX C  (continued) 

INVESTIGATIONS  CONCLUDED BY THE IMPOSITION OF DEFINITIVE  DUTIES 
DURING THE PERIOD  1 JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

Regulation 

OJ  reference 

Ferro-silico-manganese 

Russia 

Ferro-silico-manganese 

S.Africa1 

Ferro-silico-manganese 

Ukraine 

Peroxodisulphates 

P.R.  China 

Council Reg. 
(EC)No. 2413/95 
06.10.95 

Council Reg. 
(EC)No. 2413/95 
06.10.95 

Council Reg. 
(EC)No.  2413/95 
06.10.95 

Council Reg. 
(EC)No.  2961/95 
18.12.95 

L248,  14.10.95 

L248,  14.10.95 

L248,  14.10.95 

L308, 21.12.95 

Includes the acceptance of certain  undertakings 

5e! 

ANNEX D 

INVESTIGATIONS  CONCLUDED ON A FINDING OF NO INJURY 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of  Decision 
origin 

OJ reference 

Ammonium nitrate 
fertilizer 

Lithuania 

Com. Dec. 95/344/EC 
03.08.95 

L198,23.08.95 

Butt-welded  tube 
or pipe fittings 

Slovakia 

Butt-welded  tube 
or pipe  fittings 

Taiwan 

Com. Reg. 
(EC) No. 2318/95 
27.09.95 

Com. Reg. 
(EC) No. 2318/95 
27.09.95 

L234, 03.10.95 

L234, 03.10.95 

Ferro-silico-
manganese 

Georgia 

Com.Dec. 95/418/EC 
26.07.95 

L248,  14.10.95 

ANNEXE 

INVESTIGATIONS  CONCLUDED FOR OTHER  REASONS 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of  Decision 
origin 

OJ  reference 

Televisions 
(colour) 

Turkey 

Com. Dec. 95/92/EC 
20.03.95 

L73,  01.04.95 

Watch movements  Malaysia 

Watch movements 

Thailand 

Com. Dec. 95/187/EC 
31.05.95 

Com. Dec. 95/187/EC 
31.05.95 

L121,  01.06.95 

L121, 01.06.95-

Parts for 

Japan 

disposable lighters 

Com. Dec. 95/406/EC 
05.10.95 

L239,  07.10.95 

W 

ANNEX F 

INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT 
DURING THE PERIOD  1  JANUARY  1991 - 31 DECEMBER  1995 

Country of origin 

1991  1992  1993  1994  1995 

Belarus 
Brazil 
Bulgaria 
Canada 
China R.P. 
Croatia 
Czech Republic 
Egypt 
Georgia 
Hong Kong 
Hungary 
India 
Indonesia 
Japan 
Kazakhstan 
Korea S. 
Lithuania 
Macao 
Malaysia 
Mexico 
Pakistan 
Philippines 
Poland 
Romania 
Russia 
Singapore 
Slovakia 
South Africa 
Taiwan 
Thailand 
Tunisia 
Turkey 
Turkmenistan 
Ukraine 
USA 
USSR 
Uzbekistan 
Yugoslavia 

20 

39 

21 

43 

33 

& 

ANNEX G 

INVESTIGATIONS  INITIATED BY PRODUCT  SECTOR 
DURING THE PERIOD  1  JANUARY  1991 TO 31 DECEMBER  1995 

Product 

1991  1992  1993  1994  1995 

Chemical and allied 
Textiles and allied 
Wood and paper 
Electronics 
Other mechanical 
engineering 
Iron and  Steel 
(EEC & ECSC) 
Other metals 
Other 

4 
- 
1 
5 

6 

- 
- 

10 
- 
- 
13 

5 
1 
- 
7 

4

-

2

3 
17 
- 
3 
43 

3

-

72 

5 
8 

5 
1 

3 
6 

4 
4 
1 
7 

5 
7 

20 

39 

21 

43 

33 

<.% 

ANNEX H 

REVIEWS  OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES  OPENED 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

S. Korea 

C105, 26.04.95 

Japan 

S. Korea 

C181,  15.07.95 

C181,  15.07.95 

Silicon metal 

P.R.  China 

C193, 27.07.95 

Product 

Country of 
origin 

Disposable lighters 

Thailand 

Japan 

Japan 

Ball bearings 
>30mm 

Ball bearings 

(mini) 

Colour television 

receivers 

DRAMs 

DRAMs 

Potassium chloride 

Belarus 

Potassium chloride 

Russia 

Potassium chloride 

Ukraine 

P.R.  China 

Colour television 

receivers 

Tungsten ores and 

concentrates 

OJ  reference 

C67,  18.03.95 

C71,  23.03.95 

C71, 23.03.95 

C201,  05.08.95 

C201,  05.08.95 

C201,  05.08.95 

C203,  08.08.95 

P.R.  China 

C244, 21.09.95 

Tungsten carbide and 

P.R.  China 

C244, 21.09.95 

fused  tungsten  carbide 

Tungstic oxide and acid 

P.R.  China 

C244,  21.09.95 

EPROMS 

Japan 

C262, 07.10.95 

Polyethylene/polypropylene  P.R.  China 

C271,  17.10.95 

sacks 

CH 

ANNEX H  (continued) 

REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES  OPENED 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

OJ  reference 

Microdisks (3.5")  2 

Canada 

Microdisks (3.5")  2 

Hong Kong 

Microdisks (3.5")  2 

India 

Microdisks (3.5")  2 

Indonesia 

Microdisks (3.5")  2 

Macao 

L252, 20.10.95 

L252, 20.10.95 

L252, 20.10.95 

L252, 20.10.95 

L252, 20.10.95 

Microdisks (3.5")  -'- 

Malaysia 

L252, 20.10.95 

Microdisks (3.5")  2 

Philippines 

Microdisks (3.5")  2 

Singapore 

Microdisks (3.5")  2 

Thailand 

Synthetic fibres of polyester 

India 

L252, 20.10.95 

L252, 20.10.95 

L252, 20.10.95 

L262, 01.11.95 

2  Circumvention investigation 

Cc; 

ANNEX I 

REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY  MEASURES 
CONCLUDED BY THE AMENDMENT  OF DEFINITIVE  DUTIES 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

Urea 

Russia 

Polyester yarns 

Indonesia 

(man-made staple) 

Ball bearings^3) 
(mini) 

Thailand 

Ferro-silicon 

Brazil 

Photocopiers 

Japan 

Electronic weighing  Singapore 

scales 

Document 

OJ  reference 

Council Reg. 
(EC) No. 477/95 
16.01.95 

Council Reg. 
(EC) No.  1168/95 
22.05.95 

Council Reg. 
(EC) No.  1169/95 
22.05.95 

Council Reg. 
(EC) No.  1171/95 
22.05.95 

Council Reg. 
(EC) No. 2380/95 
02.10.95 

Council Reg. 
(EC)No.  2937/95 
20.12.95 

L49,  04.03.95 

LI 18, 25.05.95 

LI 18, 25.05.95 

LI 18, 25.05.95 

L244,  12.10.95 

L307, 20.12.95 

(3) Definitive  countenailing  duty on  indirect  imports. Includes acceptance of undertakings on direct 
imports from  Thailand.  See Commission  Decision  95/180/EC, OJ C  118, 25.05.95. 

ANNEX J 

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  1995 

Product 

Country of 

Document 

OJ  reference 

Tungsten ores  <4> 
and  concentrates 

P.R.  China 

Tungstic oxide (4) 
and acid 

P.R. China 

Tungsten carbide 
and fused  tungsten 
carbide (4) 

P.R.  China 

Artificial (4) 
corundum 

Russia 

Council Reg. 
(EC) No. 610/95 
20.03.95 

Council Reg. 
(EC) No. 610/95 
20.03.95 

Council Reg. 
(EC) No. 610/95 
20.03.95 

Council Reg. 
(EC) No.  709/95 
27.03.95 

L64, 22.03.95 

L64, 22.03.95 

L64, 22.03.95 

L73,  01.04.95 

W Duty imposed as a result of withdrawal  of undertaking. 

ANNEX K 

PROVISIONAL DUTIES IMPOSED DURING REVIEW  INVESTIGATIONS 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Monosodium 
glutamate 

Country of 
origin 

Indonesia 

Monosodium 
glutamate 

S. Korea 

Monosodium 
glutamate 

Taiwan 

Monosodium 
glutamate 

Thailand 

Document 

OJ  reference 

Com.Reg. 
(EC) No.  1754/95 
18.07.95 

Com.Reg. 
(EC) No.  1754/95 
18.07.95 

Com.Reg. 
(EC) No.  1754/95 
18.07.95 

Com.Reg. 
(EC) No.  1754/95 
18.07.95 

LI 70, 20.07.95 

LI 70, 20.07.95 

LI 70, 20.07.95 

L170,20.07.95 

ANNEXL 

REVIEW INVESTIGATIONS  RESULTING IN 
NO CHANGE IN THE MEASURES IN FORCE 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Lighters 

(disposable) 

Country of 
origin 

P.R.  China 

Regulation 

OJ  reference 

Council Reg. 
(EC) No.  1006/95 
03.05.95 

L101, 04.05.95 

Electronic weighing 

Japan 

scales 

Com.Dec.95/478/EC  L274,  17.11.95 
14.11.95 

& 

ANNEX M 

REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY  MEASURES 
CONCLUDED BY THE REPEAL OF DEFINITIVE  DUTIES 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

Urea 

C.S.S.R. 

Aspartame 

Japan 

Aspartame 

U.S.A. 

Welded tubes of iron  ex-Yugoslavia 

or non-alloy  steel 

Welded tubes of iron  Romania 

or non-alloy steel 

Welded tubes of iron  Turkey 

or non-alloy  steel 

Welded tubes of iron  Venezuela 

or non-alloy steel 

Decision 

OJ  reference 

Council Reg. 
(EC) No. 477/95 
16.01.95 

Council Reg. 
(EC) No.  1936/95 
03.08.95 

Council Reg. 
(EC) No.  1936/95 
03.08.95 

Council Reg. 
(EC)No.2962/95 
18.12.95 
Council Reg. 
(EC)No.2962/95 
18.12.95 

Council Reg. 
(EC)No.2962/95 
18.12.95 

Council Reg. 
(EQNo.2962/95 
18.12.95 

L49,  04.03.95 

L186, 05.08.95 

LI86,  05.08.95 

L308, 21.12.95 

L308, 21.12.95 

L308, 21.12.95 

L308, 21.12.95 

ANNEX N 

REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY MEASURES 
CONCLUDED BY THE REPEAL OF UNDERTAKINGS 
DURING THE PERIOD 1  JANUARY - 31 DECEMBER 1995 

Product 

Country of  Decision 
origin 

OJ reference 

Ammonium nitrate  Russia 
fertilizer 

Com. Dec. 95/345/EC 
03.08.95 

L198, 23.08.95 

ll 

ANNEXO 

ANTI-DUMPING MEASURES  SUSPENDED 
DURING THE PERIOD  1  JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

Decision 

DRAMs 

Japan 

DRAMs 

S. Korea 

EPROMs 

Japan 

Com. Dec. 95/197/EC 
08.06.95 

Com. Dec.  95/197/EC 
08.06.95 

Com. Dec. 95/272/EC 
14.07.95 

Publication 

L126,  09.06.95 

LI26,  09.06.95 

L165,  15.07.95 

H 

ANNEXP 

ANTI-DUMPING AND ANTI-SUBSIDY MEASURES WHICH EXPIRED 
DURING THE PERIOD  1 JANUARY - 31 DECEMBER  1995 

Product 

Country of 
origin 

Type of 
measure 

Potassium^6) 
permanganate 

Former 
Czechoslovakia 

Certain welded^7) 
tubes of iron or 
non-alloy steel 

Former 
Yugoslavia 

Duty 

Duty 

OJ  reference^ 

L42,  16.02.90 

L91,  06.04.90 

Methenamine^ 

Bulgaria 

Undertakings 

L104,  24.04.90 

Methenamine(8) 

Former 
Czechoslovakia 

Undertakings 

L104,  24.04.90 

Methenamine(8) 

Poland 

Undertakings 

L104, 24.04.90 

Methenamine(8) 

Romania 

Undertakings 

L104, 24.04.90 

Certain photo 
albums^9) 

Certain photo 
albums(9) 

Ferroborort10) 

Oxalic acid^11) 

Ball bearings^12) 
(mini) 

S. Korea 

Undertakings 

L138, 31.05.90 

Hong-Kong 

Undertakings 

L138, 31.05.90 

Japan 

Brazil 

Duty 

L187, 19.07.90 

Undertakings 

L184, 17.07.90 

Thailand 

Duty 

L281, 12.10.90 

(5) The OJ reference  is to the imposition of the measure. 
<6> Notice of expiry was published  in OJ C 40,  17.02.95 
(7) Notice of expiry was published in OJ C 77, 29.03.95 
(8> Notice of expiry was published in OJ C  100, 22.04.95 
(9) Notice of expiry was published in OJ C  124, 20.05.95 
<10> Notice of expiry was published  in OJ C  176, 11.07.95 
<n> Notice of expiry was published in OJ C 201, 05.08.95 
(,2> Notice of expiry was published in OJ C 258, 03.10.95 

ANNEX  0 
ANTI-DUMPING AND ANTI-SUBSIDY  CASES BEFORE 
THE EUROPEAN COURT OF FIRST INSTANCE IN  1995 

CaseT 

159/94 

Ajinomoto  Co. Inc. v. Council 

CaseT 

160/94 

The Nutrasweet  Company v. Council 

CaseT 

161/94 

Sinochem Heilongjiang v. Council 

CaseT 

162/94 

NMB France Sari and Others v. Commission 

CaseT 

163/94 

NTN Corporation v. Council <13> 

CaseT 

164/94 

Ferchimex S.A. v. Council(14> 

CaseT 

165/94 

Koyo Seiko v. Council (13) 

CaseT 

166/94 

Koyo Seiko v. CounciK15> 

Case T 

167/94 

Detlef Nolle v. Council and Commission*16) 

CaseT 

168/94 

Blackspur DIY and others v. Council and Commission (i6) 

CaseT 

170/94 

Shanghai Bicycle Corporation Group v. Council 

CaseT 

171/94 

Descom  Scales Manufacturing  v. Council(17> 

Case T 

172/94 

Rima v. Council 18> 

CaseT 

155/94 

Climax Paper Converters Ltd v. Council 

Case T 

224/94 

Ferchimex  S.A.  v. Council 

CaseT 

2/95 

Industrie des Poudres  Sphériques (IPS) v. Council 

CaseT 

78/95 

NMB France Sari, NMB Minebea GmbH, NMB (UK) Ltd, and 
NMB Italia Sri v. Commission 

Case T - 97/95 

Sinochem National Chemicals Import and Export  Corporation v. 
Council 

CaseT-121/95 

European Fertilizer Manufacturers'  Association v. Council 

Case C - 245/95 P 

Commission v. Court  of First Instance*19* 

<13) Judgement rendered on 02.05.95, OJ C 87, 08.04.95 
<34>  Judgement rendered on 28.09.95, OJ C 315, 25.11.95 
<15)  Judgement rendered on  14.07.95, OJ C 268,  14.10.95 
(16> Judgement  rendered on  18.09.95, OJ C 286, 28.10.95 
<17>  Judgement rendered on  14.09.95, OJ C 286, 28.10.95 
<18) Removed from  register, OJ C 87, 08.04.95 
(19>  Appeal lodged with  Court of Justice 

ANNEX O (continued) 

Case C - 362/95 P  Blackspur v. Court of First Instance*19) 

Case T - 134/95 

Dysan Magnetics and Others v. Commission 

Case T - 192/95 

Hitachi and Others v. Commission 

Case T - 208/95 

Miwon Co. Ltd. v. Commission 

CaseT-210/95 

European Fertilizer Manufacturers Association (EFMA) v. Council 

CaseT -212/95 

Association de Fabricantes de Cemento de Espana (Oficemen) 
v. Commission 

}s 

ANNEX R 

ANTI-DUMPING AND ANTI-SUBSIDY MEASURES  IN FORCE 
AS AT  31st DECEMBER  1995 

Product 

Origin 

Measure 

Regulation/Dec.  Publication 

Ammonium nitrate  Lithuania 

undertaking  Com.Dec.  94/293/EC  OJ L 129 

(UKreg.)  13.04.94 
duties 

Council  Reg. 
(EC)No.2022/95 
16.08.95 

21.05.94,p.24 
OJ L 198 
23.08.95,p.1 

undertakings  Com.Dec.  91/512/EEC  OJ-L 275 

23.7.91 

02.10.91,p.27 

fertilizer 

Russia 

Artificial 
corundum 

C.S.S.R. 
Hungary 
Poland 
Brazil 
Yugoslavia 

Russia 
Ukraine 

duties 

Council Reg. 
(EEC)No.2552/93 
13.09.93 
Council Reg. 
(EC)No.709/95 
27.03.95 

Council Reg. 
(EC)No.2556/94 
19.10.94 
Council Reg. 
(EC)No.709/95 
27.03.95 

OJ L 235 
18.09.93,p. 1 

OJ L  73 
01.04.95,p.1 

OJ  L 270 
21.10.94,p.27 

OJ L  73 
01.04.95,p.1 

21.06.91 

Council Reg. 
(EEC)No.1251/91 
13.5.91 

Council Reg. 
(EEC)No.2685/90 
17.9.90 

OJ  L 119 
14.5.91,p.35 

OJ  L 256 
20.9.90,p.1 

OJ L 247 

22.09.94,p.29 

OJ L 247 

22.09.94,p.1 

Asbestos  cement 

Turkey 

pipes 

undertakings  Com.Dec.91/392/EEC 

OJ  L 209 
' 31.7.91,p.37 

Audio  tapes  in 
cassettes 

Japan 
S. Korea 

duties 

Ball  bearings 
(miniature) 

Japan 

duties 

Thailand 

undertakings  Com.Dec.94/639/EC 
(countervailing)03.08.94 

duties 
(CVD) 

Council Reg. 
(EC)No.2271/94 
19.09.94 

P.R.  China 

duties 

Ball bearings 
(>30mm) 

Japan 

duties 

Council  Reg. 
" (EEC)No.2849/92 

OJ L 286 

01.10.92,p.2 

Barium  chloride 

P.R.  China 

duties 

28.09.95 

Council Reg. 
(EEC)No.541/91 
4.3.91 

Bicycles 

P.R.  China 

duties  *  Council Reg. 

Calcium metal 

P.R.  China 
Russia 

duties 

Car  radios 

S. Korea 

duties 

Cotton yarn 

Brazil 
Turkey 

duties 

duties 

Turkey 

duties 

Dihydrostrepto- 

P.R.  China 

duties 

mycin 

D  R A M's** 

Japan 

undertakings 

undertaking 

duties 

S. Korea 

duties 

undertakings 

OJ L  60, 
7.3.91,p.1 

OJ L 228, 
09.09.93,p.1 

OJ L 270, 
21.10.94,p.27 

(EEC)No.2474/93 
08.09.93 

Council  Reg. 
(EC)No.2557/94 
19.10.94 

Council  Reg. 
(EEC)No.2306/92 
04.08.92 

OJ L 222 
07.08.1992,p.8 

Council Reg. 
(EEC)No.738/92 
23.3.92 
Council Reg. 
(EC)No.3203/93. 
22.11.93 
Council  Reg. 
(EC)No.1828/94 
25.07.94 

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 

OJ L  82 
27.3.92,p.1 

OJ L 289 

24.11.93,p.1 

OJ L 182 

27.07.94,p.3 

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 

Council  Reg. 
(EEC)No.  611/93 
15.03.93 
Com.Dec.93/157/EEC  OJ L  66 
04.03.93 

18.03.93,p.1 

18.03.93,P.37 

*  Duties suspended by Commission  Decision  no. 95/197/EC, OJ no. L  126, 09.06.95, p. 58 

Tpr 

Electrolyte 

capacitors 

Japan 

duty 

Electronic 
weighing 
scales 

S. Korea 
Taiwan 

duty 

Japan 

duty 

S. Korea 
Singapore 

duty 

Singapore  additional 

duty 

EPROM's* 

Japan 

duties 

Council Reg. 
(EEC)No.3482/92 
30.11.92 
Council Reg. 
(EC)No.1384/94 
13.06.94 

Council Reg. 
(EEC)No.993/93 
26.04.93 
Council Reg. 
(EEC)No.2887/93 
20.10.93 
Council Reg. 
(EC)No.2937/95 
20.12.95 

Council Reg. 
(EEC)No.577/91 
04.03.91 

OJ L 353 

03.12.92,p.1 

OJ L 152 

18.06.94,p. 1 

OJ L 104 
29.4.93,p.4 

OJ L 263 

22.10.93,p.1 

OJ L 307 

20.12.95,p.30 

OJ L  65, 

12.03.91, p.l 

undertakings  Com.Dec.91/131/EEC 

OJ L  65, 

Espadrilles 

P.R.  China 

duties 

Ethanolamines 

U.S.A. 

duties 

11.03.91 
Com.Dec.93/538/93 
18.10.93 

12.03.91 

OJ L 262, 

21.10.93,p.64 

Council Reg. 
(EEC)No.1812/91 
24.6.91 

Council Reg. 
(EC)No. 229/94 
01.02.94 

OJ  L 166, 

2 8.6.91, p. 1 

OJ L  28, 

02.02.94,p.40 

Ferrochrome 

(low-carbon) 

Kazakhstan  duties 
Russia 
Ukraine 

Council Reg. 
(EEC)No.2717/93 
28.09.93 

OJ  L 246 

02.10.93,p. 1 

Ferrosilicon 

Brazil 
Russia 
Kazakhstan 
Ukraine 
Iceland* 
Norway* 
Venezuela 

duty 

Council Reg. 
(EC)No.3359/93 
02.12.93 

OJ  L  3 02 
0 9 . 1 2 . 9 3 , p .l 

suspended according to Council Regulation  (EC)no.  5/94) 

Egypt 

undertaking 

Commission Reg. 
92/331/EEC 
30.06.92 

OJ  L  1 83 

0 3 . 0 7 . 9 2 , p . 40 

Suspended  on  15.07.95, L  165, p.  26 

}X 

Poland 
Egypt 

duty 

Poland 

undertaking 

S. Africa 
P.R  China 

duty 

Council  Reg. 
(EEC)No.3642/92 
14.12.92 

Commission  Dec. 
92/572/EEC 
14.12.92 

Council. Reg. 
(EC)No. 621/94 
17.03.94 

OJ L 369 

18.12.92,p.l 

OJ L 369 

18.12.92,p.32 

OJ L  77 

19.03.94,p.48 

* 

Ferro-silico-
manganese 

duty 

Russia 
Ukraine 
Brazil 
S. Africa 

Fluorspar 

P.R.  China  duties 

Furazolidone 

P.R.  China  duties 

Furfuraldehyde 

P.R.  China  duties 

Glutamic  acid 
(monosodium 
glutamate) 

duties 

Indonesia 
Korea 
Taiwan 
Thailand 

undertakings 

Isobutanol 

Russia 

duties 

Lighters 

(disposable) 

duties 

Japan 
P.R.  China 
S.Korea 
Thailand 

Council  Reg. 
(EC)No. 2413/95 
06.10.95 

OJ L 248 
14.10.95,p.l 

Council Reg. 
(EC)No. 486/94 
04.03.94 
Council Reg. 
(EC)No.2674/94 

OJ L  62 

05.03.94, p. 1 

OJ L 285 

04.11.94, p. 1 

Council Reg. 
(EC)No.  95/95 
16.01.95 

Council Reg. 
(EEC)No.2455/93 
2.9.93 

Commission Dec. 
93/497/EEC 
30.07.93 

Council Reg. 
(EC)No.  721/94 
29.03.94 

Council Reg. 
(EEC)No.3433/91 
25.11.91 

OJ L  15 

21.01.95, p.11 

0J-L 225 

04.09.93, p. 1 

OJ L 225 

04.09.93,p.35 

OJ L  87 

31.03.94,p. 3 

OJ L 326, 
28.11.91,p.l 

Thailand  undertaking 

Com.Dec.91/604/EEC  OJ L 326, 
25.10.91 

28.11.91,p.31 

P.R.  China 

duties 

Linear  tungsten 
halogen  lamps 

Japan 

duty 

Magnesia 

(deadburned! 

P.R.  China  duty 

Magnesium  oxide 

P.R.  China  duty 

(caustic magnesite) 

Council Reg. 
(EC)No.  1006/95 
03.04.95 

Council Reg 
(EEC)No.  117/91 
16.01.91 

Council Reg. 
(EC)No.3386/93 
06.12.93 

OJ L 101, 

04.05.95,p.38 

OJ L  14, 
19.01.91, p. 1 

OJ L 306, 
11.12.93,p.16 

Council Reg. 
(EEC)No.1473/93 
14.06.93 

OJ L 145, 
17.06.93,p. 1 

h 

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 
S.Korea 

duties 

Outer rings of 
TRBs  (cups) 

Japan 

duties 

Oxalic acid 

India 
P.R.  China 

duties 

Peroxidisul-
phates 

P.R.  China  duty 

Photo albums 

P.R.  China  duty 

Council Reg. 
(EC)No.2199/94 
09.09.94 

Council Reg. 
(EEC)No.  55/93 
08.01.93 

Council Reg. 
(EEC)No.3434/91 
25.11.91 

Council Reg. 
(EC)No.2961/95 
18.12.95 

Council Reg. 
(EC)No.3664/93 
22.12.93 

OJ L 236 

10.09.94, p.2 

OJ L  9 

15.01.93,p.7 

OJ L 326 

28.11.91,p.6 

OJ L 308 

21.12.95,p.61 

OJ L 333 

31.12.93,p.67 

Pig iron 

(haematite) 

Brazil 
Poland 
Russia 
Ukraine 

duties 

Com. Dec.(EC) 
No.l751/94/ECSC 

OJ L 182 

16.07.94,p.37 

Plain paper 

Japan 

duty 

photocopiers 

Council Reg. 
(EC)No.2380/95 
02.10.95 

OJ L 244 

12.10.95,p.l 

Polyester  fibres 

Turkey 

and yarns 

undertaking 
(countervailing] 

Com.Dec.91/511/91 
23.09.91 

OJ L 272, 
28.9.91,p.92 

Council Reg. 
(EEC)No.3905/88 
12.12.88 

Council Reg. 
(EEC)no.830/92 
30.03.92 

OJ  L 347 

16.12.88,p.10 

OJ L 88 

03.04.92,p.l 

Council Reg. 
(EEC)No.3308/90 
15.11.90 
Council Reg. 
(EEC)No.2346/93 
23.08.93 

OJ  L 318 

17.11.90,p.2 

OJ L 215 

25.08.93,p.l 

Polyester  fibres  Taiwan 
Turkey 
(synthetic) 

duties 

Polyester yarns 

duties 

Taiwan 
Indonesia 
P.R.  China 
Turkey 

Polyolefin woven 

P.R.  China  duties 

bags 

additional 
duties 

tt 

Potassium 
chloride 

Belarus 
Russia 
Ukraine 

duties 

Council Reg. 
(EC)No.  643/94 
21.03.94 

OJ L  80 

24.03.94,p. 1 

Potassium 

P.R.China 

duty 

permanganate 

Seamless steel 

tubes 

duty 

Hungary 
Poland 
Croatia 

undertakings 

Council Reg. 
(EC)No.2819/94 
17.11.94 

OJ L 298 

19.11.94, p.32 

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 

Semi-finished 
products of 
alloy steel 

Brazil 
Turkey 

duty 

undertaking 

ComDecl775/92/ECSC  OJ L 182 
30.06.92 

02.07.92,p.23 

Sheets and plates Slovenia 

duty 

of iron or 
steel 

Silicon carbide 

Macedonia 
Montenegro 
Serbia 

Russia 
Poland 
P.R.  China 
Ukraine 

Com.Dec. 
2297/92/ECSC 
31.07.92 

OJ L 221 

06.08.92,p.36 

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 

OJ  L 222 

07.08.92,p.l 

Sisal twine 

Brazil 

undertakings 

(binder and baler) 

Com.Dec.93/521/EEC  OJ L 25l 
03.09.93 

08.10.93 

Sodium carbonate  U.S.A. 

duties 

(soda ash) 

Synthetic tex- 

Romania 

duties 

tile fibres of  Taiwan 
Turkey 
polyester 
Serbia 
Montenegro 
FYR Macedonia 

Council Reg. 
(EC)No. 2381/95 
10.10.95 

Council Reg. 
(EEC)No.3017/92 
19.10.92 

OJ L 244 
12.10.95,p.32 

OJ  L 306 
22.10.92,p. 1 

11 

India 
S. Korea 

duties 

Council  Reg. 
(EEC)No.  54/93 
08.01.93 

OJ L  9, 
15.01.93,p. 2 

& 

Televisions 
(colour) 

Malaysia 
P.R.  China 
S. Korea 
Singapore 
Thailand 

duties 

Council  Reg. 
(EC)No. 710/95 
27.03.95 

OJ L  73 
01.04.95,p.3 

Televisions 

S. Korea 

duties 

(small-screen  colour) 

P.R.  China  duties 
Hong-Kong 

Television 

Japan 

duties 

camera  systems 

Thermal paper 

Japan 

duties 

undertakings 

Tungsten  carbide  P.R.  China  duties 

and  fused  tungsten 
carbide 

duties 

Tungsten  ores 

P.. R. China  duties 

and concentrates 

duties 

Tungstic  oxide 

P.R.  China  duties 

and acid 

duties 

Council  Reg. 
(EEC)No.1048/90 
25.04.90 
Council  Reg. 
(EEC)No.2093/91 
15.07.91 

Council  Reg. 
(EC)No.1015/94 
29.04.94 

OJ L 107 
27.4.90,p.56 

OJ L 195 
18.7.91,p.l 

OJ L 111 
30.04.94,pl06 

Council  Reg. 
(EEC)No. 729/92 
16.03.92 
Com.Dec.92/177/EEC 
16.03.92 

OJ  L  81 
26.03.92,p.l 

OJ L  81 
26.03.92,p.22 

Council  Reg. 
(EEC)No.2737/90 
24.09.90 
Council  Reg. 
(EC)No.  610/95 
20.03.95 

Council  Reg. 
(EEC)No.2735/90 
24.09.90 
Council  Reg. 
(EC)No.  610/95 
20.03.95 

Council  Reg. 
(EEC)No.2736/90 
24.09.90 
Council  Reg. 
(EC)No.  610/95 
20.03.95 

OJ  L 264 
27.09.90,p.7 

OJ  L  64 
22.03.95,p.l 

OJ  L 264 
27.09.90,p.l 

OJ  L  64 
22.03.95,p.l 

OJ L 264 
27.09.90,p.4 

OJ L  64 
22.03.95,p.l 

OJ  L 174 
4.7.90,p.27 

OJ  L 306 
6.11.90,p.21 

Typewriter 
ribbons 

P.R.  China undertakings  Com.Regulation 

duties 

(EEC)No.1937/90 

Council  Reg. 
(EEC)No.3200/90 
5.11.90 

V\ 

Urea 

Venezuela 

duties 

Russia 

duties 

Urea  ammonium 

nitrate 

Bulgaria 
Poland 

duties 

Council  Reg. 
(EEC)No.2835/91 
23.9.91 
Council  Reg. 
(EC)No.  477/95 
16.01.95 

Council  Reg. 
(EC)No.3319/94 
22.12.94 

OJ L 272 
28.9.91,p.10 

OJ L  4 9 
04.03.95,p.l 

OJ L 350 
31.12.94,p.20 

undertakings  Com.Dec.94/825/EC 

OJ L 350 

12.12.94 

31.12.94,p.115 

Video  cassette 

tapes 

Hong  Kong 
South  Korea 

duties 

Council  Reg. 
(EEC)No.1768/89 
19.6.89 

OJ L 174 
22.6-.89,p.l 

Hong  Kong undertakings 

Com.Dec.89/376/EEC 
19.6.89 

OJ L 174 
22.6.89,p.30 

P.R.  China  duties 

Welded  tubes 
of iron or  steel 

Romania 

duties 

Council  Reg. 
(EEC)No.3091/91 
21.10.91 

OJ L 293 

24.10.91,p.2 

Council Reg. 
(EEC) No. 868/90 
2.4.90 

OJ L 91 
6.4.90, p, 

Turkey 
Venezuela 

undertakings  Com; Dec. 90/166/EEC 
2.4.90 
Council  Reg. 
(EEC) No. 898/91 
8.4.91 

duties 

OJ L 91 

6.4.90,p.36 

OJ L 91 

12.4.91,p.l 

Welded wire 

mesh 

Yugoslavia  undertakings  Com.Dec.91/256/EEC 

14.5.91 

OJ L 123 
18.5.91,p.54 

85 

ISSN 0254-1475 

COM(96)  146 final 

DOCUMENTS 

EN 

02 

Catalogue number  :  CB-CO-96-150-EN-C 

ISBN 92-78-02436-8 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg 

v°