98/175/EC: Commission Decision of 3 March 1998 terminating the anti-dumping proceeding concerning imports of certain magnetic disks (3,5" microdisks) originating in Canada, Macao and Thailand
Date: 1998-03-03
Institutions: European Commission
Subjects: Canada, Macao, Thailand, anti-dumping legislation, import, magnetic medium

L 63/32

EN

Official Journal of the European Communities

4. 3. 98

COMMISSION DECISION

of 3 March 1998

terminating the anti-dumping proceeding concerning imports of certain
magnetic disks (3,5Z microdisks) originating in Canada, Macao and Thailand

(98/175/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

9(3) of Council Regulation (EC) No 384/96 (here-
inafter referred to as the ‘basic Regulation') or the
provisions of Article 5(8) of
the WTO Anti-
Dumping Agreement Code.

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995, on protection against dumped
imports from countries not members of the European
Community (1), as amended by Regulation (EC) No 2331/
96 (2), and in particular Articles 9 and 23 thereof,

After consulting the Advisory Committee,

Whereas:

On 6 April 1995, the Commission announced, by
a notice published in the Official Journal of the
European Communities (3) the initiation of an anti-
dumping proceeding with regard to imports into
the Community of certain magnetic disks (3,5Z
microdisks) originating in Canada,
Indonesia,
Macao and Thailand, and commenced an invest-
igation.

The investigation period for the examination of
dumping was from 1 March 1994 to 28 February
1995 (hereinafter referred to as the ‘investigation
period').

(4)

As far as Indonesia is concerned, the results of this
investigation are laid down in Commission Regula-
tion (EC) No 502/98 (4).

1. Canada

imports

The investigation revealed that
from
Canada increased from 3,8 million units in 1992 to
22,3 million in the investigation period. In relation
to the total volume of Community imports of the
product concerned in the investigation period, 834
million units, imports from Canada can be consid-
ered as not constituting a cause of material injury
to the Community industry in the sense of Article

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ C 84, 6. 4. 1995, p. 4.
(4) See page 4 of this Official Journal.

(1)

(2)

2. Macao

(3)

A recent Commission investigation into the origin
of 200 million 3,5Z microdisks imported into the
Community from Macao since 1993 has shown
that all microdisks exported from Macao during
the investigation period in fact originated either in
Taiwan or in the People’s Republic of China.
the
Consequently,
product subject to this proceeding that originated
in Macao, and no determination of dumping and
injury was therefore required.

there were no exports of

3. Thailand

The Commission established that 8,9 million
microdisks (or 20 % of the total quantity exported
by the Thai companies during the investigation
period) could be considered as having Thai origin.
Moreover, a separate Commission investigation
covering, but not confined to,
the investigation
period found no evidence of any other exports of
Thai origin. On this basis, exports of Thai origin
total Community
constitued less
consumption in the investigation period and,
according to Article 9(3) of the basic Regulation,
have to be considered negligible.

than 1 % of

4. Conclusions

(5)

It follows from the above that protective measures
are unnecessary with regard to the imports of 3,5Z
microdisks originating in Canada, Macao and Thai-
land. Therefore, in accordance with Article 9(2) of
the basic Regulation,
the proceeding should be
terminated with regard to the imports from these
three countries,

4. 3. 98

EN

Official Journal of the European Communities

L 63/33

HAS ADOPTED THIS DECISION:

Sole Article

The anti-dumping proceeding concerning imports of certain magnetic disks (3,5Z micro-
disks) originating in Canada, Macao and Thailand is hereby terminated.

Done at Brussels, 3 March 1998.

For the Commission

Leon BRITTAN

Vice-President