Proposal for a COUNCIL REGULATION (EC) terminating the anti-dumping proceeding concerning imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan and repealing the anti-dumping measures imposed on such imports
Date: 1997-03-26
Institutions: European Commission
Subjects: Japan, anti-dumping duty, anti-dumping legislation, bearing, import, originating product

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  26.03.1997 
COM(97)134  final 

Proposal  for a 

COUNCIL REGULATION (EQ 

terminating the anti-dumping proceeding concerning imports of ball 

bearings with a greatest external diameter exceeding 30 mm originating in 

Japan and repealing the anti-dumping measures imposed on such imports 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  Please  find herewith  a  proposal  for  a Council  regulation  terminating  the  anti 
dumping  proceeding  concerning  imports  of  ball  bearings  with  a  greatest 
external  diameter  exceeding  30  mm  originating  in  Japan  and  repealing  the 
anti-dumping measures imposed on such imports. 

2. The  enclosed  proposal  is the  result  of  an  interim  review  of  the  anti-dumping 
measures in force with regard to the  imports in question which was  requested 
by  the  Community  industry  and  initiated  by the  Commission  in  March  1995. 

3.  Further  to  the  investigation  of  the  Commission's  services,  it  was  found  that 
although  the  Community  industry  has  not  yet  fully  recovered  from  the  past 
precarious  situation,  the  imports  in  question  did  not,  in  isolation,  have  a 
materially  injurious  impact  on  the  situation  of  the  Community  industry.  The 
allegations  set  forth  in  the  request  for  an  interim  review  submitted  by  the 
Community  industry  that  the  measures  in  force  were  insufficient  to  offset 
increased  injury  are  therefore  refuted.  Indeed,  it  is  the  opinion  of  the 
Commission's  services  that  the  precarious  situation  of  the  Community 
industry  may  rather  stem  from  other  third  country  imports  and  Japanese 
production in the Community. 

4.  In addition, the Commission's services found that it is not likely that the repeal 
of  the  anti-dumping  measures  currently  in  force  would  create  a  situation  in 
recur. 
impact  of 
which  a  materially 

imports  would 

injurious 

these 

5. Given the above findings, it is considered that the result of the  interim  review 
of the  anti-dumping  measures  in force  with  respect to  imports  of the  product 
under  consideration  originating  in  Japan  is that  the  anti-dumping  proceeding 
concerning  the  above-mentioned  imports  should  be terminated  and  that  the 
anti-dumping measures in force should be repealed. 

A 

Proposal  for a 

COUNCIL REGULATION  ffin 

terminating the anti-dumping  proceeding  concerning  imports  of  ball 

bearings with a greatest external  diameter  exceeding 30 mm originating  in 

Japan and repealing the anti-dumping  measures imposed on such  imports 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  N° 384/96  of  22  December  1995  on 

protection against dumped imports from countries not members of the  European 

Community(1), and in particular Article 9 and Article 11(3) thereof, 

Having regard to the proposal from the Commission, 

Following consultations within the Advisory Committee, 

(1) 

OJ N° L 56, 6.3.1996, p.  1, as last amended by Council Regulation (EC) N° 2331/96, OJ 

N°L 317, 6.12.96, p. 1. 

^ V cU 

Whereas: 

A. 

PROCEDURE 

(1.)  In June  1994, the  Commission  received  a  request  for  an  interim  review  of 

the  definitive  anti-dumping  measures  imposed  by Council  Regulation  (EEC)  N° 

2849/92(2) modifying the definitive  anti-dumping duty  on  imports  of  ball  bearings 

with  a  greatest  external  diameter  exceeding  30  mm  (hereinafter  referred  to  as 

"LBBs")  originating  in  Japan  imposed  by  Regulation  (EEC)  N°  1739/85{3).  This 

request  was  lodged  by  the  Federation  of  European  Bearing  Manufacturers' 

Association  (FEBMA) on behalf of Community producers whose collective output 

was  stated  to  constitute  a  major  proportion  of  total  Community  production  of 

LBBs. 

(2.) The request asserted that the anti-dumping measures  in force are not or no 

longer  sufficient  to  counteract  the  dumping  which  is  causing  injury  as  both 

dumping and injury resulting therefrom were alleged to have increased. 

(2) 
(3) 

OJN°L286,1.10.92, p. 2. 

OJ N° L 167, 27.6.1985, p. 3. 

(3.)  Considering that there  was  sufficient  evidence to warrant  the  initiation  of  an 

interim  review  under  Article  11 (3)  of  Council  Regulation  (EC)  N°  3283/94  on 

protection against dumped  imports from countries not members of the  European 

Community(4)  the  Commission  published  on  23  March  1995(5)  a  notice  of 

initiation of an interim  review of the anti-dumping measures applicable to imports 

of LBBs originating in Japan. 

(4.)  The  Commission  officially  advised  the  Community  producers, the  importers 

and  the  Japanese  producers  known  to  be  concerned  as  well  as  the 

representatives  of Japan  of the opening of the investigation and gave the  parties 

concemed the opportunity to make  known their views in writing and to  request  a 

hearing. 

(4> 

(5) 

OJ  N°  L 349,  31.12.1994,  p.  1, replaced  by Council  Regulation  (EC)  N°  384/96  of  22 

December 1995. 

OJN°C  71, 23.3.95, p. 3. 

(5.)  The  Commission  sought  and  verified  all  information  it  deemed  to  be 

necessary for the purpose of its determination. 

(6.)  The  investigation  period  applied  in  the  present  proceeding  was  from  1 

January  1994 to 31  December  1994.  For the analysis of the trends of the factors 

analysed  for  the  purposes  of  establishing  whether  the  Community  industry 

suffered  injury caused  by the  imports in question the  period from  1 January  1991 

to 31  December  1994 was used. 

(7.)  For  the  analysis  of  injury  and  in  order  to  ensure  comparability  of  the  data 

collected  for the  period mentioned  in recital 6,  data  pertaining to the  Community 

of  fifteen  was  applied  even  for  the  period  prior  to  the  enlargement  of  the 

Community to include Sweden, Finland and Austria. 

(8.)  The  investigation  has  exceeded  the  normal  time  period  because  of  the 

complexity  of  the  assessment  of  the  injury  and  causality  aspects  of  the 

proceeding,  which  were  mainly  caused  by  the  high  number  and  degree  of 

diversity of the types within the product investigated. 

(9.)  The  Community  industry,  on  behalf  of  which  the  request  for  an  interim 

review was lodged, consists of the following producers: 

SKF France S.A. (France); 

SKF Industrie SpA (Italy); 

SKF Espanola S.A. (Spain); 

SKF Deutschland GmbH (Germany); 

SKF (UK) Ltd (United Kingdom); 

FAG Kugelfischer (Germany); 

FAG Cuscinetti SpA (Italy); 

Umbra Cuscinetti SpA (FAG) (Italy); 

ROL Rolamentos Portugueses SARL (Portugal) and 

SNR Roulements (France) 

(10.)  During  the  investigation  period,  the  following  companies  exported  LBBs 

from  Japan  to  the  European  Community  and  co-operated  with  the  Commission 

in the review investigation: 

Sapporo  Precision Ltd; 

NTN  Corporation Ltd.; 

Nankai Seiko Co. Ltd.; 

Nachi-Fujikoshi Corp.; 

Koyo Seiko Co. Ltd.; 

NSK Ltd.; 

Inoue Jikuuke  Kogyo Ltd; 

Izumoto Seiko Co. Ltd.; 

Nakai Bearings Co. Ltd.; 

Tottori Yamakei Bearing Seisakusho Ltd.; 

Wada  Seiko Ltd.; 

Fujino  Iron Works Ltd.; and 

NSK  Micro Precision Ltd. 

(11.)  The  following  unrelated  importer  co-operated  with  the  Commission  in  the 

present  investigation: I.S.O.  Import Standard Office  (France). 

(12.)  In  addition,  numerous  end-users  submitted  their  comments  which  were 

taken  into  account  to  the  extent  that  they  were  substantiated  by  supporting 

evidence. 

B. 

PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 

(13.)  The  product  under  consideration  is  ball  bearings  with  a  greatest  external 

diameter  exceeding  30  mm falling  within  CN  Code  N°  84821090  originating  in 

Japan. The principal application for LBBs is as intermediary products used in the 

assembly  of  products  such  as  motor  vehicles,  electrical  equipment,  machine 

tools, construction, aerospace, farming and military equipment. 

(14.)  In Japan and in the Community,  LBBs are mainly sold to two categories of 

customers, namely industrial users and distributors. 

(15.)  It was found that  LBBs produced in Japan, sold domestically  and exported 

to the Community and LBBs produced by the Community producers and sold on 

the Community  market  are alike  in their  physical characteristics  and  uses. They 

were  therefore  considered  as  a  like  product  in  accordance  with  Article  1(4)  of 

Council Regulation (EC) N° 384/96. 

C. 

DEFINITION OF THE COMMUNITY INDUSTRY 

(16.) As for the  purposes  of the  regulation  under  review,(6) the Japanese  owned 

companies  producing  in  the  Community  are  not  considered  part  of  the 

Community  industry  within the  meaning of Article  4(1 )(a)  of  Regulation  (EC)  N° 

384/96. This approach was considered justified as the companies are related to 

(6) 

Recitals 24-25. 

exporters  from  Japan  of the  product  under  investigation. The  companies  sell  all 

their  production  to the  sales  subsidiaries  located  in the  Community  and  equally 

related  to  exporters  from  Japan  and  which  are  also  involved  in selling  imported 

LBBs  originating  in  Japan.  It  is  considered  that  in  those  circumstances  the 

producing companies  located  in the Community  might therefore  benefit  from any 

unfair  business  practices.  In  such  circumstances,  the  producers  were  not 

considered  to  be  behaving  as  normal  Community  producers,  but  rather  as  a 

complementary  source of supply for exporters accused of practising dumping. 

(17.)  One  of  the  Community  producers  mentioned  above  did  not  submit  a 

response  to  the  Commission's  questionnaire  within  the  deadline  set  by  the 

Commission.  In  view  of  this  non-cooperation  on  the  part  of  the  company  in 

question,  it  was  excluded  from  the  Community  industry  as  determined  by  the 

complaint  and  thus  from  the  Commission's  injury  determination  in  connection 

with  the  present  investigation.  For  the  remainder  of  this  analysis,  the  term 

Community  industry  refers  to  the  cooperating  Community  producers  which 

supported  the  complaint,  whose  collective  output  of  LBBs  constitutes  a  major 

proportion  of  total  Community  production  within  the  meaning  of  Article  4(1)  of 

Regulation (EC)  No. 384/96. 

D. 

INJURY 

Consumption 

(18.)  Between  1991  and  1994,  the  consumption  of  LBBs  in  the  European 

Community  of  fifteen  increased  from  around 409  million  pieces to  around  513 

million pieces, i.e.  by around 25 percent. The above expansion of the market is 

the  result  of  the  influence  of  the  general  business  cycle  on  the  LBB  market 

during which the size of the LBB market varies according to the general level of 

activity on the part of the users of LBBs. 

10 

Volume and market share of imports 

(19.)  Between  1991  and the investigation period, imports of LBBs originating in 

Japan,  in  tonnes,  decreased  from  10,225  tonnes  to  7,872  tonnes,  i.e.  by  23 

percent. The sales in the Community of LBBs originating in Japan, measured in 

pieces,  decreased  from  30.6  million  pieces  to  29.8  million  pieces,  i.e.  by  2.3 

percent in the same period. 

(20.)  In  line with this  decrease  in sales  and contrary  to the  allegations  by the 

Community 

industry,  the  resulting  market  share  of  the 

imports  under 

consideration decreased steadily. The decrease was from a 7.7  percent market 

in 1991 to a 5.9 percent market share in 1994. 

11 

Prices of imports 

(21.)  The  prices  charged  for  certain  types  by  a  representative  selection  of  the 

Japanese  producers  that  had  submitted  data  on  sales  prices  were  compared 

with  the  prices  charged  for  identical  types  by  the  Community  producers,  by 

category  of  customer  in  four  Member  States  (Germany,  the  UK,  France  and 

Italy).  Given their  overall size  and  in line with  past  investigations  concerning  ball 

or roller bearings, these markets were considered as being representative  for the 

situation  in the entire  Community. Based on this analysis,  it was found that there 

is  a  certain  amount  of  undercutting  by Japanese  imports  as  was  determined  in 

the  regulation  under  review(7).  However,  it was  not considered  as  appropriate  to 

draw  any  conclusions  from  this  analysis  due  to  the  fact  that  the  Japanese 

companies  involved  sell  only  a  limited  number  of  types  which  are  identical  or 

directly  comparable  to  those  manufactured  by  the  Community  producers  in 

sufficient  quantities 

to  render  meaningful  a  comparison  with  European 

producers.  Under  these  conditions,  as  in  the  regulation  under  review,  no 

individual  margins  for  price  undercutting  have  been  established  for  each 

company involved. 

(7) 

Recital 28. 

12 

The situation of the Community  industry 

Sales and market shares 

(22.)  The  sales  of  LBBs  manufactured  in  the  Community  by  the  Community 

industry  increased  from  190  million  pieces  to  200  million  pieces  between  1991 

and  the  investigation  period, thus  by 5.3  percent.  The  resulting  market  share  of 

the Community  industry decreased  in the same  period from 46.6  percent to  39.1 

percent  reflecting the strong increase  in consumption. 

Prices 

(23.)  The  Community  industry  has  claimed  that  the  undercutting  or  lower  price 

offers  on  the  part  of  the  Japanese  exporters  has  had  the  effect  of  imposing 

pressure  on  prices  which  forced  the  European  Community  LBB  producers  to 

follow  the  prices  downwards  in  order  to  defend  their  market  shares  at  great 

financial  expense.  According  to  the  Community  industry,  this  undercutting  has 

prevented  it  from  obtaining  price  increases  during  1994  which  was  a  period  of 

up-turn after a period of recession. 

13 

(24.)  With  regard  to the  evolution  of  prices  between  1991  and the  end  of the 

investigation period (1994)  in the European Community of the LBBs sold by the 

Community  producers, this was analysed  in detail  per category  of  customer in 

Germany, the UK,  France and Italy for types the turnover of which represented 

50  percent  of their total turnover  in the  European  Community.  On this basis, it 

was found that, between  1991 and 1994, prices decreased on average (sales to 

all  categories  of  customers)  by  1.74  percent.  Between  1993  and  1994,  prices 

decreased  by 0.17  percent.  On a  per category  of customer  basis, for sales to 

large industrial manufacturers, which represent a majority of total turnover of the 

Community  producers,  the  decrease  between  1991  and  1994  was  of  1.49 

percent and by 0.16 percent  between  1993 and  1994.  For sales to distributors, 

there was a price decrease between 1991 and 1994 of 2.33 percent and of 0.18 

percent between 1993 and 1994. 

14 

(25.)  Given the fact that the Community  industry's sales volumes  increased, thus 

reducing  its  cost  of  production,  the  stable  prices  benefited  the  Community 

industry.  In  any  way,  it  is considered  that  the  very  limited  price  undercutting  did 

not  exert  a  materially  downward  price  pressure  on  the  Community  industry.  In 

support  thereof  the  Commission  found that  the  weighted  average  price  of  LBBs 

of  Japanese  origin  sold  in  the  Community  increased  notably  during  the  period 

under investigation for the determination of injury. 

Profitability 

(26.)  According  to the  Community  industry,  the  price  undercutting  and  the  price 

evolution caused thereby had significant  effects  on its financial  results.  However, 

an  analysis  of  the  data  submitted  by  the  Community  producers  in  connection 

with  the  present  review  shows  that,  on the  contrary,  the  profitability  specifically 

relating  to  the  product  under  investigation,  net  of  any  extraordinary  income  or 

cost  item, developed from a  loss of  12 percent  in  1991  to a  profit of 4  percent in 

1994, thus showing a  recovery in 1994. 

15 

Production, capacity and capacity utilisation 

(27.)  Between  1991  and  1994,  production  of the  Community  industry  increased 

from  216  million  pieces  to  262  million  pieces,  i.e.  by  20  percent.  In  the  same 

period, the capacity  of the  Community  industry,  expressed  in tonnes,  decreased 

by  4.6  percent  and  capacity  utilisation,  also  when  expressed 

in  tonnes 

decreased slightly  from 76.9 percent to 76.2  percent. 

Employment 

(28.)  Between  1991  and the  investigation  period, employment  in the  Community 

industry decreased  from 9,238  to 6,482  employees,  i.e.  by 30  percent.  It should 

be  noted  that  during  the  investigation  it  appeared  that  significant  re-structuring 

efforts  had  been  undertaken  by  most  of  the  Community  producers  during  the 

period  under  consideration  to  increase  productivity  in general.  Further  to  public 

statements  made  by  major  Community  producers,  it  is  considered  that  this  re 

structuring  was  necessary  to  overcome  structural  deficiencies  and  to  increase 

productivity  in  the  long  term.  A  comparison  of  the  development  of  capacity, 

capacity  utilisation  and  production  shows  that  this  was  accomplished  -  a  fact 

which is reflected in the improved profitability. 

16 

Conclusion on injury 

(29.)  An  analysis  of the  above-mentioned  injury factors  such  as the  Community 

industry's  profitability,  production,  and  sales  shows  that  these  demonstrate  a 

positive  trend  whilst  factors  such  as  employment,  capacity  and  capacity 

utilisation  show  a  negative  development.  As to  profitability,  the  described  trend 

shows  a  certain  recovery  of the  Community  industry.  It  illustrates,  however,  that 

the  Community  industry  has  not  yet  fully  recovered  from  the  past  precarious 

situation. 

E. 

CAUSALITY 

(30.)  The  Community  industry has argued that the  imports from Japan  have  had 

an injurious impact on its results, i.e. that these allegedly would have been  better 

if  it  had  not  been  forced  to  align  its  prices  downwards  in  order  to  meet  the 

competition of those of the Japanese exporters. 

17 

(31.)  In  accordance  with  the  provisions  of  Regulation  (EC)  N°  384/96,  the 

Commission  therefore  investigated  whether  the  volumes  and  prices  of  the 

imports concerned  were  responsible  for the  situation  of the  Community  industry 

and  had  an  impact  thereon  to  a  degree  which  enables  it  to  be  classified  as 

material  within the  meaning  of  Article  3(6)  of  Regulation  (EC)  N°  384/96.  In this 

investigation,  care  was  taken  to  ensure  that  any  impact  on  the  Community 

industry caused by other factors was not attributed to the imports concerned. 

(32.)  In  this  regard,  first,  the  detailed  analysis  of  the  prices  applied  by  the 

Community  producers  over  the  period  under  consideration,  as  outlined  above, 

demonstrates  that  the  imports  in  question  did  not  have  any  material  effects  on 

the  prices  applied  by  the  Community  producers  and  thus  not  on  their  financial 

results nor on any of the other factors listed above. 

18 

(33.)  Second, it should be recalled that imports from Japan have decreased  both 

in  absolute  terms  and  in  terms  of  market  share  during  the  period  under 

investigation.  It  is  acknowledged  that  the  market  share  of  the  Community 

industry  also  decreased,  but the  decrease  in the  market  share  of  the  Japanese 

imports was steeper  in percentage terms than that  of the  Community  industry.  It 

is  therefore  concluded  that,  contrary  to  the  allegations  of  the  Community 

industry, it did not loose any market share to Japanese imports. 

(34.)  Third,  the  entire  period  of  investigation  was  characterised  by  significant 

imports  from  countries  other  than  Japan,  the  market  share  of  which  increased 

from  a  market  share  of 25  percent  in  1991  to a  market  share  of  33.4  percent  in 

1994. 

(35.)  Fourth, the share of Japanese  companies producing in the Community  and 

affiliated  to  the  exporters  concerned  by  the  present  proceeding  was  significant 

throughout the period increasing from  19 percent in 1991 to 20.9  percent  in  1994 

and substantially higher than the imports concerned. 

19 

(36.)  Fifth, the Community  industry has argued that, weakened  by past dumping, 

the Community  industry was unable, in a period of economic  up-turn, to meet the 

demand  of  its  customers  and  that  in  order  to  invest  in  new  capacity,  the 

Community  industry would  require a substantial  higher  return on sales than  what 

was  registered  during  the  investigation.  However,  it  is  considered  as  normal 

business  behaviour to  reduce  costs and this the  more so when the  industry  is in 

an  economic  recession.  On  the  other  hand,  during  a  booming  market,  it  may 

also  be  normal  to  increase  capacity  and  to  finance  this  by  normal  financial 

resources.  This  capacity  restriction  should  therefore  not  be  attributed  to  the 

imports  in  question,  and  this  the  more  so  as  the  volume  of  these  imports 

decreased more than the capacity  restriction of the Community  industry. 

(37.)  Finally,  regarding  the  decrease  in  employment,  it  should  be  noted  that 

during  the  investigation  it  appeared  that  significant  re-structuring  efforts  had 

been  undertaken  to  increase  productivity  in  general  by  most  of  the  Community 

producers  during  the  period  under  consideration.  Further  to  public  statements 

made  by  major  Community  producers,  it  is  considered  that  this  re-structuring 

was necessary to overcome structural deficiencies and to increase productivity in 

the  long term. A  comparison  of the  development  of  capacity,  capacity  utilisation 

and  production  shows  that  this  was  accomplished  -  a  fact  which  is  reflected  in 

the improved profitability. 

20 

Conclusion on causation 

(38.)  Given the  above findings,  it  is concluded  that  the  imports  in  question  did 

not,  in  isolation,  have  a  materially  injurious  impact  on  the  situation  of  the 

Community  industry  and  the  allegations  set  forth  in  the  request  for  an  interim 

review  submitted  by  the  Community  industry  that  the  measures  in  force  were 

insufficient  to  offset  increased  injury  are  therefore  refuted.  The  precarious 

situation  of  the  Community  industry  may  rather  stem  from  other  third  country 

imports and Japanese production in the Community. 

F. 

LIKELY EFFECTS OF THE REPEAL OF THE MEASURES IN FORCE 

(39.) As was demonstrated above, the facts established show that the measures 

under review have reduced the injurious impact of the imports in question below 

the  degree  of  material within the  meaning of  Article  3(6)  of  Regulation  (EC)  N° 

384/96. 

21 

(40.)  The  Community  industry  has  submitted  that  if  the  measure  currently  in 

force  would  be  repealed  it  is  likely that  material  injury  caused  by the  imports  in 

question  would  recur.  The  Community  industry  bases  its  arguments  on  the 

following  considerations:  First,  that  imports  from  Japan  increased,  in  absolute 

terms,  after  the  investigation  period  and  that  these  were  further  depressing  or 

suppressing  prices.  In spite  of the data submitted  by the Community  industry, it 

cannot  be  concluded  on  the  basis  of  the  facts  available  that  any  increased 

import  volumes  will  affect  the  trend  in  the  development  of  market  shares  and 

prices  of the  Community  industry to  a material  extent.  Second, that  the  imports 

in  question  will  have  a  continuing  detrimental  impact  irrespective  of  their 

relatively  low  market  share  and  the  significant  market  shares  of  the  Japanese 

producers  located  in the  Community.  In this  respect,  it  should  be  recalled  that, 

first, there is a decreasing market share of Japanese imports, second, increasing 

imports  from  countries  other  than  Japan  and,  third,  a  significant  and  stable 

market share of Japanese production facilities located in the Community. 

22 

(41.)  Given  these  economic  trends  and the  above  conclusion  that  the  impact  of 

Japanese  imports  on  the  situation  of  the  Community  industry  during  the  period 

under  investigation  was  not  material  and  that  the  Community  industry  has 

experienced  a  certain  recovery  in  its  financial  results,  it  is  the  position  of  the 

Commission  that  it  is  not  likely  that  the  repeal  of  the  anti-dumping  measures 

currently  in force would create a situation in which a materially injurious impact of 

these imports would recur. 

(42.) As to the circumstances  of the exporters, official statistics demonstrate  that 

production  capacity  for  bearings  in Japan  has  remained  stable  since  1990  until 

1994  and  increased  subsequently  in  relation  to  the  recovery  of  demand  world 

wide thus supporting the above conclusion. 

23 

(43.) With  regard to the market conditions  it should be reiterated the situation for 

the Community  industry during  1994 showed a certain  recovery  in the market for 

LBBs.  This  led  to  increased  profitability.  This  development  was  sustained  and 

further  improved after the  investigation  period as illustrated by general  results of 

the major Community  producers published for  1995. It is not considered as likely 

that this situation would change as a result of the lapse of the current measures. 

G. 

DUMPING 

(44.)  In  view  of  the  above  conclusion,  it  was  not  considered  necessary  to 

analyse whether the  imports  in question were dumped, and if so, if the  dumping 

margin thereof  had increased or not since this would not have any relevance on 

the above analysis and would consequently not alter the conclusions reached. 

24 

H. 

CONCLUSION 

(45.)  Given  the  above  findings,  it  is  considered  that  the  result  of  the  interim 

review  of  the  anti-dumping  measures  in  force  with  respect  to  imports  of  LBBs 

originating  in Japan  is that  the  anti-dumping  proceeding  concerning the  above-

mentioned  imports should be terminated and that the anti-dumping  measures  in 

force should be repealed. 

(46.)  The Commission  informed the  interested  parties, including the  Community 

industry,  of  its  findings.  After  having  been  informed  by  the  Commission  of  the 

above  facts,  findings  and  conclusions,  representatives  of  the  Community 

industry  made further  representations,  both in writing and orally, concerning the 

impact  of  the  Japanese  imports  in  question  on  the  Community  industry. 

However,  it  is  considered  that  these  representations  could  not  reverse  its 

conclusions  as  mentioned  above.  Certain  Member  States  raised  objections  to 

this course of action. 

25 

HAS ADOPTED THE FOLLOWING REGULATION: 

Article 1 

The anti-dumping proceeding concerning imports of ball bearings with, a greatest 

external  diameter  exceeding  30  mm  falling  within  CN  code  N°  84821090 

originating  in  Japan  is  terminated  and  the  anti-dumping  measures  imposed  by 

Regulation (EEC) N° 2849/92 on such imports are hereby repealed. 

Article 2 

This  Regulation shall  enter  into force  on the day following that  of  its  publication 

in the  Official Journal of the European Communities. 

This  Regulation shall be binding in its entirety and directly applicable  in all 

Member States. 

Done at Brussels, 

For the Council 

26 

ISSN 0254-1475 

COM(97)  134  final 

DOCUMENTS 

EN 

02  11 

Catalogue number  : CB-CO-97-122-EN-C 

ISBN 92-78-17514-5 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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