Sixteenth annual report from the Commission to the European Parliament on the Community's anti-dumping and anti-subsidy activities (1997)
Date: 1998-07-29
Institutions: European Commission
Subjects: activity report, anti-dumping legislation, anti-subsidy proceeding, dumping, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.07.1998 
COM(1998) 482  final 

SIXTEENTH ANNUAL REPORT FROM THE COMMISSION 

TO THE 

EUROPEAN PARLIAMENT 

ON 

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

(1997) 

(16th Annual report to the Parliament  - 1997) 
C O N T E N TS 

1. 

INTRODUCTION 

1.1.  What  is dumping  and  what  are  countervailable  subsidies 

1.2.  Anti-dumping  and  anti-subsidies  rules 

2.  GENERAL  OVERVIEW  OF MEASURES  IN  FORCE 

3. 

INITIATIONS  OF ANTI-DUMPING  AND  ANTI-SUBSIDY  INVESTIGATIONS 

3.1.  Overview 

3.2.  Cases 
3.2.1. 
3.2.2. 

3.2.8. 

Stainless steel fasteners  and parts from Thailand 
Personal  fax  machines  from  the  People's  Republic  of  China,  Japan,  Korea,  Malaysia, 
Singapore, Taiwan and Thailand 
Potassium permanganate from India and the Ukraine 
Poly sulphide polymers from the United  States of America 
Synthetic fibre ropes from India 

3.2.3. 
3.2.4. 
3.2.5. 
3.2.6.  Monosodium glutamate from Brazil, the United  States of America and Vietnam 
3.2.7. 

Cotton  grey  fabrics  from  the  People's  Republic  of  China,  Egypt,  India,  Indonesia, 
Pakistan and Turkey 
Imports  into  Italy  of  certain  flat  rolled  narrow  strips,  of  iron  or  non-alloy  steel,  cold-
rolled, from Russia 
Synthetic fibre ropes from the Republic of Korea 

Stainless steel bright bars from India (anti-dumping) 

3.2.9. 
3.2.10.  Unwrought unalloyed magnesium from the People's  Republic of China 
3.2.11. 
3.2.12.  Broad spectrum antibiotics from India 
3.2.13.  Thiourea dioxide from the People's Republic of China 
3.2.14.  Certain  laser optical reading systems or the main  constituent  elements thereof,  for  use in 
motor  vehicles  from  Japan,  Korea,  Malaysia,  Taiwan  and  the  People's  RepublicR  of 
China 
Stainless steel bright bars from India (anti-subsidy) 

3.2.15. 
3.2.16.  Cochineal Carmine from Peru 
3.2.17.  Hardboard from Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia. 
3.2.18.  Bicycles from Taiwan 
3.2.19.  Certain  large  electrolytic  aluminium  capacitors  from  the  United  States  of  America  and 

Thailand 

3.2.20.  Woven glass fibre fabrics from Taiwan (anti-dumping) 
3.2.21.  Woven glass fibre fabrics from Taiwan (anti-subsidy) 

4. 

PROVISIONAL  MEASURES 

4.1.  Overview 

4.2.  Cases 
4.2.1. 

4.2.2. 
4.2.3. 
4.2.4. 
4.2.5. 

Sacks  and  bags  made  of  polyethylene  or  polypropylene  from  India,  Indonesia  and 
Thailand. 
Polyester textured filament yarn (PTY) from Malaysia 
Certain footwear  with textile uppers from Indonesia and the People's Republic of China 
Handbags from the People's Republic of China 
Unwrought, unalloyed zinc from Poland  and Russia 

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Certain  seamless  pipes  and  tubes,  of  iron  or  non-alloy  steel  from  Russia,  the  Czech 
Republic, Romania and the Slovak Republic 
Flat pallets of wood from Poland 
Cotton-type bed linen from Egypt, India and Pakistan 
Advertising matches from Japan 

4.2.7. 
4.2.8. 
4.2.9. 
4.2.10.  Glyphosate from the People's Republic of China 
4.2.11.  Stainless  steel  fasteners  and  parts  from  the  People's  Republic  of  China,  India,  the 

Republic of Korea, Malaysia, Taiwan and Thailand 
4.2.12.  Ferro-silico-manganese from the People's Republic of China 
4.2.13.  Personal  fax  machines from the  People's  Republic  of  China,  Japan,  the  Republic  of 

Korea, Malaysia, Singapore, Taiwan and Thailand 

5.  DEFINITIVE MEASURES 

5.1.  Overview 

5.2.  Cases 
5.2.1. 
5.2.2. 

5.2.3. 
5.2.4. 
5.2.5. 
5.2.6. 
5.2.7. 

Certain ring binder mechanisms from Malaysia and the People's Republic of China. 
Gas-fuelled,  non  refillable  pocket  flint  lighters  from  Thailand,  the  Philippines  and 
Mexico 
Polyester textured filament yarn (PTY) from Malaysia 
Handbags from the People's Republic of China 
Farmed Atlantic salmon from Norway 
Unwrought, unalloyed zinc from Poland and Russia 
Sacks  and  bags  made  of  polyethylene  or  polypropylene  from  India,  Indonesia  and 
Thailand. 
Advertising matches from Japan. 
5.2.8. 
5.2.9. 
Certain footwear with textile uppers from Indonesia and the People's Republic of China 
5.2.10.  Seamless pipes and tubes of iron or non-alloy steel from Hungary, Poland,  Russia, the 

Czech Republic, Romania and the Slovak Republic 

5.2.11.  Flat pallets of wood from Poland 
5.2.12.  Cotton-type bed linen from Egypt, India and Pakistan 

6. 

INVESTIGATIONS TERMINATED WITHOUT MEASURES 

6.1.  Overview 

6.2.  Cases 
6.2.1. 
6.2.2. 

6.2.3. 
6.2.4. 
6.2.5. 
6.2.6. 
6.2.7. 
6.2.8. 

Tapered roller bearings from Japan 
Steel  sections  of  iron  or  non-alloy  steel  originating  in  the  Czech  Republic  and  the 
Republic of Hungary 
Portland cement originating in Romania, Tunisia and Turkey 
Unwrought, unalloyed zinc from Kazakhstan, Ukraine and Uzbekistan 
Briefcases and schoblbags originating in the People's Republic of China 
Synthetic fibre ropes from India 
Luggage and travel goods originating in the People's Republic of China 
Handbags from the People's Republic of China 

7.  REVIEWS OF ANTI-DUMPING  AND ANTI-SUBSIDY 

7.1.  Overview 

7.2.  Expiry  reviews 

7.3. 

Interim  reviews 

7.4.  Newcomer  reviews 

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7.5.  Absorption  investigations 

7.5.1.  Microwave ovens originating in Korea 
7.5.2. 
7.13. 

Ammonium nitrate originating in Russia 
Television camera systems originating in Japan 

7.6.  Circumvention  investigations 

7.6.1. 

7.6.2. 

Extension of duty 
7.6.1.1. 
7.6.1.2. 
Terminations 
7.6.2.1. 
7.6.2.2. 

Certain bicycle parts originating in the People's Republic of China 
Polyester filament tow from Belarus 

Electronic Weighing Scales (assembly in Indonesia -  TEC) 
Electronic Weighing Scales (assembly in the Community - Teraoka-Digi) 

8. 

SUSPENSION  OF MEASURES 

9.  MONITORING  OF UNDERTAKINGS 

10.  REFUNDS 

11.  COURT OF JUSTICE/COURT OF FIRST INSTANCE 

11.1.  Overview 

11.2.  New cases 

11.3.  Cases pending 

11.4.  Judgments and orders rendered 

11.4.1.  Court of Justice 

11.4.1.1.  Potassium permanganate from the People's Republic of China : Judgment of 

29 May 1997 

11.4.1.2.  Cotton yarn from Brazil and Turkey : Judgment of 29 May of 1997 
11.4.1.3.  Paint  brushes  from  the  People's  Republic  of  China  :  Judgment  of  16 

September of 1997 

11.4.1.4.  Plates of iron and steel from Yugoslavia  : Judgment of 16 October of 1997 

11.4.2.  Court of First Instance 

11.4.2.1.  Unbleached cotton fabrics from Egypt, Indonesia, Pakistan, Turkey and the 

People's Republic of China : Order of 2 October of 1997 

11.4.2.2.  Cement from Turkey, Romania and Tunisia  : Judgment of 10 July of 1997 
11.4.2.3.  Bicycles from  the People's Republic of China : Judgment of  25  September 

of 1997 

11.4.2.4.  Aspartam from Japan and the United  States : Judgment of  18 December of 

1997 

11.4.2.5.  Urea from Russia : Judgment of  17  December of  1997 

12.  ANTI-DUMPING  AND  ANTI-SUBSIDY  INVESTIGATIONS  OF  THIRD  COUNTRIES 

CONCERNING  IMPORTS FROM EU MEMBER STATES 

12.1.  Anti-dumping and anti-subsidy cases against EU Member States 

12.1.1.  USA 

12.1.1.1.  Pasta from Italy 
12.1.1.2.  Lead and Bismuth Steel from the UK 
12.1.1.3.  Carbon Steel Wire Rod from, inter alia, Germany 
12.1.1.4.  Stainless Steel Wire Rod from Italy (initiated on 19.08.1997) 
12.1.1.5.  Certain steel from Belgium (review initiated in 1997) 
12.1.1.6.  Rayon staple fibre from Sweden 

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12.2.  Major  anti-dumping  investigations  against  Community  Member  States 

Canada 
Israel 
New  Zealand 
Australia 
12.1.5.1. 
12.1.5.2. 

12.1.5.3. 
12.1.5.4. 
12.1.5.5. 
Argentina 
12.1.6.1. 
12.1.6.2. 
Mexico 
12.1.7.1. 

Israel 
12.2.1.1. 
12.2.1.2. 
12.2.1.3. 
12.2.1.4. 
12.2.1.5. 
12.2.1.6. 
12.2.1.7. 
12.2.1.8. 
Canada 
12.2.2.1. 
12.2.2.2. 
12.2.2.3. 
South  Africa 
12.2.3.1. 
12.2.3.2. 
12.2.3.3. 
12.2.3.4. 
12.2.3.5. 
12.2.3.6. 
12.2.3.7. 
12.2.3.8. 
12.2.3.9. 
Argentina 
12.2.4.1. 
12.2.4.2. 
12.2.4.3. 
12.2.4.4. 
12.2.4.5. 
12.2.4.6. 
Malaysia 
12.2.5.1. 
12.2.5.2. 
India 
12.2.6.1. 
12.2.6.2. 
12.2.6.3. 

12.1.2. 
12.1.3. 
12.1.4. 
12.1.5. 

12.1.6. 

12.1.7. 

12.2.1. 

12.2.2. 

12.2.3. 

12.2.4. 

12.2.5. 

12.2.6. 

12.2.7. 

Canned Peaches from Spain and Greece 
Canned  Ham from the Denmark (CVD), Ireland and the Netherlands (AD & 
CVD) 
Glacé Cherries from France and Italy (AD & CVD review) 
Dried Egg White from the Netherlands (CVD review) 
Canned Tomatoes from Italy (AD & CVD review) and Spain (CVD review) 

Wheat Gluten (CVD investigation  initiated on 26.11.1996) 
Olive Oil (CVD investigation  initiated in March  1997) 

Canned peaches from Greece (AD & CVD initiated  in May  1997) 

Gate Valves from Germany 
Medium Density Fiberboards  from  Germany, Italy and Portugal 
Reinforced  Deformed  Bars (Rounds) from  Spain 
Reinforced  Rounds from Italy 
Pasta from Italy 
Disposable diapers from Germany 
Synthetic media from the UK 
Granulated  Recycled polyethylene from Germany 

Steel reviews 
Pasta from Italy 
Stainless Steel bars 

Uncoated woodfree  paper in reels or sheets from Sweden 
Unglazed and glazed ceramic wall and floor tiles from Italy 
Suspension PVC from France, UK, Germany, Belgium, Spain, Netherlands 
Circuit breakers from France Italy and Spain 
Calcium propionate and Calcium acetate from the Netherlands 
Copper tubing from the UK 
Acrylic Fibre from Portugal 
Glass microspheres from Austria, UK and Belgium 
Coated paperboard from Spain, Austria, Germany and the Netherlands 

Drill bits din 345 from Italy 
Pneumatic components from Germany 
Gas meters from Italy 
Electric cables from France and Spain 
Optic Fibre cables from Spain 
Chemical products from the Netherlands and Germany 

Self-copy paper from the European Union 
Corrugated  medium-paper 

Acrylonitrile butadeine rubber from Germany 
Catalysts from Denmark 
Graphite  electrodes  from  Germany,  Belgium,  Austria,  France,  Spain  and 
Italy 

Korea 
12.2.7.1. 
12.2.7.2. 
12.2.7.3. 

Electric shavers from Germany and the Netherlands 
Carbonless copy paper from UK and Germany 
Certain  cellulose products from Germany 

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12.2.7.4.  Electric smoothing irons from France 

12.2.8.  Australia 

12.2.8.1.  PVC from Belgium 
12.2.8.2.  PVC from Germany and the Netherlands 
12.2.8.3.  Broad tipped highlighter pens from Germany 
12.2.8.4.  Fibreglass gun rovings from Spain 
12.2.8.5.  Carbonless  copy  paper  from  Austria,  Belgium,  Finland,  France,  Sweden, 

12.2.9.  USA 

•" 

Italy, the Netherlands and Germany 

12.2.9.1.  Pasta from Italy 
12.2.9.2.  Urea from the former GDR 
12.2.9.3.  Brass Sheets and Strips from Germany 
12.2.9.4.  Large Newspaper Printing Presses from Germany 
12.2.9.5.  Open-end spun rayon singles yam from Austria 
12.2.9.6.  Carbon Steel Wire Rod from Germany 
12.2.9.7.  Stainless Steel Wire Rod from Italy and Germany 

12.2.10.  Philippines 

12.2.10.1.  Refractory bricks from Germany 

12.2.11.  Egypt 

12.2.11.1.  Stainless Steel sinks from Greece and Spain 

12.2.12.  Brazil 

12.2.12.1.  Sodium Triphosphate 
12.2.12.2.  Soda Ash 
12.2.12.3.  Blood collection tubes 

12.2.13.  Turkey 
12.2.14.  Indonesia 

12.3.  Safeguard  investigations  of  third  countries  concerning  imports  from  Community 

Member States 
12.3.1.  Brazil 

12.3.1.1. 

Imports of toys 

12.3.2.  Korea 

Imports of Certain Dairy Products 

12.3.2.1. 
12.3.3.  Argentina 
12.3.3.1. 
12.3.3.2.  The Community has serious concerns about the conformity  of the measure 

Imports of Footwear 

with the WTO Agreement on Safeguards. 

12.3.4.  USA 

12.3.4.1. 

Imports of Wheat Gluten 

12.4.  USA - anti-circumvention  actions 

12.4.1.  Leaded billets from UK and Germany 
12.4.2.  Pasta from Italy 

13.  GATTAVTO ISSUES 

14.  CHANGES TO THE BASIC REGULATION 

15.  PERSONNEL AND ADMINISTRATION 

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L I ST  OF  A N N E X ES 

ANNEX A 

New investigations initiated during the period  1  January - 31 December 
1997 

ANNEX B 

New investigations concluded by the imposition of provisional duties 
during the period  1  January - 31 December  1997 

ANNEX C 

New investigations concluded by the imposition of definitive  duties 
during the period  1  January - 31 December  1997 

ANNEX D 

New investigations terminated without imposition of measures during the 
period  1  January - 31 December  1997 

ANNEX E 

New investigations initiated by country of export during the period 
1 January  1993-31 December  1997 

ANNEX F 

New investigations initiated by product sector during the pe'riod  1 January 
1993-31  December  1997 

ANNEX G 

Expiry reviews initiated or concluded during the period  1  January - 31 
December  1997 

ANNEX H 

Interim reviews initiated or concluded during the period  1  January - 31 
December  1997 

ANNEX I 

New exporter reviews initiated or concluded during the period  1  January -
31 December  1997 

ANNEX J 

Anti-absorption  investigations initiated or concluded during the period 1 
January - 31 December  1997 

ANNEX K 

Anti-circumvention  investigations initiated or concluded during the period 
1 January - 31 December  1997 

ANNEX L 

Suspension of measures during the period  1  January -  31 December  1997 

ANNEX M  Measures which expired during the period  1  January - 31 December  1997 

ANNEX N 

Court cases pending before the Court of Justice and the Court of First 
Instance of the European Communities on 31 December  1997 

ANNEX O 

Definitive  measures in force on 31 December  1997 (ranked by product) 

ANNEX P 

Definitive  measures in force on 31 December  1997 (ranked by country) 

Vc 

SIXTEENTH ANNUAL REPORT OF THE  COMMISSION1 

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

1. 

INTRODUCTION 

This  report  is  submitted  to  the  European  Parliament  following  its  Resolution  of  16  December 
1981 on the  Community's  anti-dumping  activities2, and the more recent  report  of the  European 
Parliament's  Committee  on  External  Relations  on  the  anti-dumping  policy  of  the  European 
Community3. 

The report  concentrates  mainly  on the Community's  activities-during  1997, but  for  the  purpose 
of  comparison,  the  number  of  anti-dumping  and  anti-subsidy  investigations  initiated  and 
concluded  by the Community  in the years  1993 to  1997, together with a breakdown  of the type 
of measures taken, are also reported in the annexes. 

For  1997, 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. 

More  than  two  years  have  now  passed  since  the  introduction  of  the  new  anti-dumping 
Regulation,  bringing  with  it the  imposition  of  strict  deadlines  in proceedings.  It  can  be  noted 
that  despite  the  administrative  constraints,  the  Commission  has  been  able  to  cope  with  its 
investigations  within  the  time  limits  set.  This  could  not  have  been  achieved  without  a 
significant  increase  in  personnel  and  an  important  restructuring  of  the  Anti-dumping  Services 
which took place at the end of  1995. 

As  an  introduction  to  this  report,  once  more  a  brief  summary  is  presented  of  the  notions  of 
dumping and subsidies and the international and Community legislation which apply. 

1 

Previous  reports  were  given  in  COM(83)519  final/2;  COM(84)721  final;  COM(86)308  final;  COM(87)178; 
COM(88)92  final;  COM(89)106;  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;  COM(96)146  final;  COM(97)428  final. 

2  OJ No C.ll,  18.01.82, p 37. 
3 

PE  141.178/finof30.11.1990,reporterMrGijsDEVRIES. 

1.1.  What is dumping and what are countervailable subsidies 

Dumping  is traditionally  defined  as price discrimination  between  national  markets.  The 
Community's  Anti-dumping  legislation  defines  dumping  as  selling  a product  for  export 
to  the  Community  at  a price  below  its "normal  value".  This  "normal  value"  is  usually 
the  actual  sales  price  on  the  domestic  market  in the  exporting  country.  If  sales  on  the 
domestic  market  are not  representative,  for  instance  because  they  have  only  been  made 
in  small  quantities,  the  normal  value  may  be  established  on  another  basis,  such  as  the 
prices  of  other  sellers  on  the  domestic  market.  Subsidies  consist  of  a  financial 
contribution  from  a Government  which  confers  a benefit  to producers  or  exporters  (e.g. 
grants, tax and duty exemptions, preferential  loans at below commercial rates). 

In the majority  of cases where dumping occurs on a more than incidental  basis, a certain 
market  segregation  exists.  That  segregation  may  be  due  to  government  regulation,  but 
also  to  other  circumstances,  including  consumer  preferences. .As  a result,  exporters  are 
shielded,  at  least  to  a  certain  degree,  from  international  competition  on  their  domestic 
market. 

Imports  at dumped  or subsidized  prices can produce negative effects  on the  Community 
industry, which  cannot  compete  on equal  grounds with the exporters.  Sales prices, sales 
volume,  turnover  etc.  can  decrease,  creating  further  negative  consequences  on,  for 
example,  investment  and  employment.  In  the  worst  scenario,  an  exporter  may  try  to 
eliminate  Community  producers  from  the  EU  market  by  using  a  predatory  pricing 
strategy. 

1.2.  Anti-dumping and anti-subsidies  rules 

It  is  internationally  agreed  that  action  may  be  taken  against  dumped  and  subsidised 
imports, which are causing  injury  to a domestic industry. The European  Community  has 
its own legislation in force which reflects  these international rules. 

The GATT/WTO rules 

Action  against  injurious  dumping  and  subsidisation  is permitted  under  Article  VI  of the 
GATT.  The more detailed rules are now laid down in the WTO Anti-dumping  and Anti-
subsidy  Agreements.  It  is established  that measures  may only  be taken against  dumped 
or  subsidised  imports  if these  have  caused  or are threatening  to  cause  "material"  injury 
to  a domestic  industry.  The  notion  of material  injury  encompasses  objective  economic 
indicators such as market shares, production, sales, profitability  etc. 

Community  legislation 

The  first  anti-dumping  and  anti-subsidy  legislation  of  the  Community  was  enacted  in 
1968 and  has  been  subsequently  modified  several  times.  It  has  been  revised  to  reflect 
the  new  GATT  rules.  The  current  basic  Regulations  (EC  and  ECSC),  which  form  the 
legal basis of anti-subsidies and anti-dumping  investigations of the Commission,  entered 
into force in March and November  1996 and in October  1997 respectively4. 

The substantive rules of the basic anti-dumping  Regulation  are that before  an action can 
be  taken,  dumping,  material  injury  and  causality  have  to  be  established  and  the 
application  of  measures  must  not  be  against  the  Community  interest.  The  basic 
Regulation,  dealing  with  subsidised 
imports,  establishes  that,  in  order  to  apply 
countervailing  duties, the subsidy  must  be specific  (e.g. an export  subsidy  or a domestic 
subsidy  limited  to a particular  company  or  sector)  and must  cause material  injury  to the 
Community  industry. 

Even  though  the  WTO  rules  set  minimum  conditions  for  applying  the  anti-dumping 
and/or  anti-subsidy  measures,  the  Community  legislation  contains  two  further  more 
liberal provisions which are not applied  by all  WTO members.  These provisions, aimed 
at  ensuring  a  balanced  application  of  the  Community's  anti-dumping  and  anti-subsidy 
rules  are  the  "Community  interest  test"  and  the  "lesser  duty  rule".  The  Community 
interest  test  shall  be  based  on  an  appreciation  of  all  the  various  interests  taken  as  a 
whole,  including  the  interests  of  the  domestic  industry  and  users  and  consumers.  The 
lesser  duty rule  states that  measures,  whilst  never being  allowed  to exceed  the  dumping 
margin, should be set at a level which is adequate to remove the injury.  As a result, anti 
dumping duties may be set at a lower  level than the actual dumping margin found.  This 
actually occurs in many of the Community's cases. 

Procedure 

Investigations  follow  the procedural  rules laid down  in the respective  basic Regulations. 
Whereas  each  investigation  is  different  depending  on  the  products  and  countries 
involved, all cases give rise to a significant  workload  for the Commission  services  since 
the  main  procedural  steps  ace  identical,  these  being:  First,  the  Commission  decides 
whether  an investigation  should  be opened  after  the lodging  of a complaint.  A notice  of 
initiation  is  subsequently  published  in  the  Official  Journal  and  detailed  questionnaires 
are  sent  to  all  interested  parties.  All  interested  parties,  including  users  and  where 
appropriate consumers organisations are invited to participate  in the proceeding  and they 
can request a hearing and access to non-confidential  files. 

Council Regulation  (EC) No 384/96 of 22 December  1995 (OJ No L 56 of 6.3.1996), as last amended  by Regulation 
(EC) No 2331/96 (OJ No L 317 of 6.12.1996)  and Commission  Decision No 2277/96/ESCS of 28.11.1996 (OJ No L 
308 of 29.11.1996) for anti-dumping, and Council  Regulation  (EC) No 2026/97 of 6 October  1997 (OJ No  L 288 of 
21.10.1997)  and  Commission  Decision  No  2424/88/ECSC  of  21  July  1988  (OJ  No  L  209  of  2.8.1988)  for  anti-
subsidies. 

3 

Subsequently, verifications  visits are carried out by Commission officials  at the premises 
of  the  cooperating  parties.  These  visits  are  followed  by  thorough  calculations  often 
involving  the  processing  of  many  thousand  transactions  and  complex  calculations  of 
production  costs.  The results  of  these  calculations  lead  to  the  preparation  of  a  working 
document  on the basis of which it is decided - after  consultation of the Member States in 
the  Anti-dumping  Advisory  Committee  - whether  to  impose  provisional  measures  or to 
terminate the proceeding. 

Following the publication of a Commission regulation imposing provisional duties in the 
Official  Journal,  interested  parties  who  so  requested  receive  a  full  disclosure  which 
allows  them  to  submit  comments.  The  Commission  verifies  its  calculations  and 
reconsiders  its  findings  following  these  comments.  A  second  working  document  is 
prepared  which  after  final  disclosure  and  consultation  of  the  Member  States  leads  to  a 
final  proposal  of  the  Commission  either  to  impose  definitive  duties  and/or  to  accept 
undertakings  or to terminate the proceeding. The Council  decides on the adoption  of the 
Commission proposal by qualified  majority.  The regulation to impose definitive  duties is 
published in the Official  Journal. 

The  procedure  as  described  above  is  subject  to  strict  statutory  deadlines.  Thus,  a 
decision  to  impose  provisional  duties  must  be  taken  within  nine  months  and  the  total 
duration  of an investigation  is limited to fifteen  months. This leads to a significant  time 
pressure  taking  into  account  amongst  others  internal  consultations  and  the  necessity  to 
publish  regulations  and  decisions  of  the  Community  institutions  in  all  Community 
languages at the same time. 

Anti-dumping  or  countervailing  measures  will  normally  remain  in  force  for  five  years 
and  may  consist  of  duties  or  undertakings  concluded  with  the  exporters.  Measures  are 
taken on a country wide basis but individual treatment,  i.e. the application of a company 
specific  duty,  can  be  granted  to  exporters  which  have  co-operated  throughout  the 
investigation.  During the five-year  period, interested parties may request a review of the 
measures  or the refund  of anti-dumping  duties paid.  Measures  may  also  be  suspended 
for a certain period. 

The  EU  legislation  ensures full  transparency  in anti-dumping  and  anti-subsidy  cases by 
disclosure  of  information  to the parties  concerned  and  the  authorities  of third  countries 
and by publication  of decisions and the motivations  underlying  them.  Procedural  rights 
of  parties,  including  hearings  and  access  to  non-confidential  files,  are  fully  respected 
throughout  the  proceeding  and  a  system  of judicial  review  exists  to  ensure  its  correct 
implementation.  The competence to review anti-dumping  or anti-subsidy cases lies with 
the  Court  of  First  Instance  and  the  Court  of  Justice  in  Luxembourg.  Of  course,  the 
possibility  of  recourse  to  the  WTO  dispute  settlement  mechanism  remains  for 
governments of WTO members. 

2.  GENERAL OVERVIEW OF MEASURES IN FORCE 

At  the  end  of  1997,  the  Community  had  141  measures5  in  force  covering  63  products  and  33 
countries.  Three  of  them  were  anti-subsidy  measures.  Of  the  definitive  measures,  the  large 
majority  was in the form  of duties; however, in a significant  number of cases, in particular those 
relating to CEEC countries, undertakings were accepted. 

Of  all  the  measures  in  force  at the  end  of  1997,  58 measures  (or  41%)  concerned  non-market-
economy  countries6,  including  the  People's  Republic  of  China  with  32  measures  and  Russia 
with  14 measures.  The  other  countries  most  concerned  are  South  Korea  and  Thailand  with  8, 
Poland  with  7,  Japan  and  Malaysia  with  6  and  Brazil,  Taiwan  and  Indonesia  with  5.  Of  the 
measures  currently  in  force,  14  (or  10%)  concern  one  or  more  of  the  10  Central  and  East 
European Countries (CEEC)7. 

For  a more  realistic  view of the  impact  of anti-dumping  measures, however,  one  has to  look at 
the trade volume of the product concerned, which varies considerably  depending  on the product 
sector.  The biggest trade volumes are often  generated  by high-technology,  high-value  products 
such  as  electronics.  It  should  be  noted,  however,  that  in  1997  (as  in  the  previous  years)  only 
0.3%) of the total  import  trade  is affected  by anti-dumping  or anti-subsidy  measures,  i.e. 99.7% 
are not subject  to any measures. 

*  The  measures  are counted  per product  and country  concerned. 
6  According  to  Regulation  (EC)  No  519/94  these  countries  were  the  following 

in  1997  :  Albania,  Armenia, 
Azerbaïdjan,  Belarus,  P.R.  China,  Georgia,  Kazakhstan,  Kirghistan,  Moldavia,  North  Korea,  Ouzbékistan,  Russia, 
Tadjikistan,  Turkmenistan,  Ukraine,  Vietnam;  as regards  Russia  and  China,  see also Chapter  14. 

7  These  countries  are:  Romania,  Bulgaria,  Slovak  Republic,  Czech  Republic,  Slovenia,  Hungary,  Poland,  Latvia, 

Lithuania  and  Estonia. 

5 

TABLE 1 

Anti-dumping and anti-subsidy  investigations 

during the period  1 January  1993 -  31 December 19978 

Investigations  in  progress  at  the  beginning  of  the 
period 

57 

51 

65 

77 

54 

Investigations initiated during the period 

Investigations in progress during the period 

21 

78 

43 

33 

94  ' 

98 

25 

102 

45 

99 

Investigations concluded by : 

-  imposition  of  definitive  duty  or  acceptance 

19 

21 

13 

23 

24 

of undertakings 

terminations9 

Total investigations concluded during the period 

Investigations in progress at the end of period 

Provisional duties imposed during the period 

27 

51 

16 

29 

65 

25 

21 

77 

21 

25 

48 

54 

11 

13 

37 

62 

33 

3. 

INITIATIONS OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS 

3.1.  Overview 

Anti-dumping and anti-subsidy proceedings are generally  initiated following  a complaint 
by  Community  producers  accounting  for  more than  25%) of  the  Community  production* 
of the product  concerned.  The complaint  has to contain evidence  of  dumping/subsidies 
and  injury  resulting  therefrom.  The  decision  to  initiate  is taken  by  the  Commission  in 
accordance  with the  provisions  of the respective  basic  Regulations,  after  duly  verifying 
whether  the  conditions  are  met  and  after  consulting  the  Member  States  in  the  Anti 
dumping Advisory  Committee. 

8 

9 

The  initiation  of a case  concerning  several  countries  is accounted  as separate  investigations/proceedings  per  country 
involved. 
Investigations  might  be  terminated  for  reasons  such  as  the  withdrawal  of  the  complaint,  de  minimis  dumping  or 
injury,  etc. 

In  1997,  45  new  investigations®  were  initiated  involving  imports  from  23  different 
countries (review investigations  are dealt with in section 7 of this report).  India  featured 
most  prominently  with  6  investigations,  followed  by  the  People's  Republic  of  China 
with 5, Taiwan with 4 and Thailand, South Korea and USA each with 3.  Details of these 
investigations are given in Annex A. 

In the  five-year  period  from  1993 to  1997,  167 investigations  were initiated  concerning 
imports  from  38  different  countries.  The  main  countries  concerned  were  the  People's 
Republic  of China with 25 investigations, India with  15, Thailand with  14, South  Korea 
and Indonesia with  10 investigations each.  The investigations'initiated over the last  five 
years are broken down by country of export in Annex E. 

The main sectors concerned by these investigations  during the period from  1993 to  1997 
were  those  of  textiles,  electronics,  iron  steel  and  chemicals,  with  40,  31,  22  and  20 
investigations respectively.  In  1997, the largest number of investigations (14) took place 
in the electronics sector.  A breakdown of the product sectors is given in Annex F. 

A summary of the cases opened in  1997 can be found  below. 

3.2. 

Cases 

3.2. J.  Stainless steel fasteners  and parts  from  Thailand 

A  notice  of  extension  of  the  anti-dumping  proceeding  with  regard  to  imports  of 
Stainless  steel  fasteners  and  parts  originating  in the  People's  Republic  of  China,  India, 
the  Republic  of  Korea,  Malaysia  and  Taiwan  was  published  on  25  January  1997.  By 
this  note,  the  above-mentioned  proceeding  was  extended  to  imports  originating  in 
Thailand.  The  extension  of  the  proceedings  was  initiated  following  an  additional 
complaint  from  the  original  complainant,  E.I.F.I.  (European  Industrial  Fasteners 
Institute). 

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

With  regard  to  injury,  it  was  alleged  that  imports  from  Thailand  had  increased 
significantly  in absolute  terms  and  in terms  of market  share. It was further  alleged  that 
the prices of the imported products had  significantly  undercut the prices charged by the 
Community producers, resulting in material injury  to the Community  industry. 

3.2.2.  Personal fax  machines  from  the People's  Republic  of  China,  Japan,  Korea,  Malaysia, 

Singapore,  Taiwan and  Thailand 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with regard  to  imports  into  the 
Community  of personal  or consumer  fax  machines  originating  in the People's  Republic 
of  China,  Japan,  Republic  of  Korea,  Malaysia,  Singapore,  Taiwan  and  Thailand  was 
published on  1  February  1997 in the Official  Journal of the European Communities. 

The  product  allegedly  being  dumped  was  personal  or  consumer  fax  machines.  They 
could  be  distinguished  from  professional  fax  machines  by  virtue  of  their  weight  and 
size.  Only  fax  machines  with  a  weight  of  5  kilograms  or  less  and  with  dimensions 
(width x depth x height)  of the main body  measuring  470 mm x 450 mm x  170 mm or 
less,  were  considered  as  personal  or  consumer  fax  machines  for  the  purposes  of  the 
investigation. 

The  proceeding  was  initiated  as  a  result  of  a  complaint  lodged  in  December  1996 by 
Philips  Personal  Fax  Electronik  Fabrik,  Communications  Systems,  Wien-
Microelectronics,  who represented  a major  proportion  of Community  production  of the 
like product. 

The complaint contained evidence of dumping of the said product and of material  injury 
resulting  therefrom,  which  was  considered  sufficient  to  justify  the  initiation  of  a 
proceeding. 

Since  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 prices or the 
constructed  value  in an appropriate  market  economy  third  country,  i.e. the  Republic  of 
Korea. 

3.2.3.  Potassium permanganate from India and the Ukraine 

The notice  of  initiation  of  an anti-dumping  proceeding  with  regard  to  imports  into  the 
European  Union  of  potassium  permanganate  originating  in  India  and  the  Ukraine  was 
published  on  26  April  1997, following  a  complaint  lodged  by  the  European  Chemical 
Industry Council (CEFIC), on behalf of the Community  industry. 

The  complaint  contained  evidence  of  significant  dumping  based  on  a  comparison  of 
normal  values  established  on  the  basis  of  constructed  normal  value  in  India  with  the 
export  prices of the product  concerned  to the Community.  Since the Ukraine  is a non-
market economy country, the complainant proposed that normal value be established  on 
the basis of the normal value in India.  This normal value was compared with the export 
prices of the product concerned when sold for export to the Community. 

With  regard  to  injury,  it  was  alleged  that  imports  from  India  and  the  Ukraine  had 
increased  significantly,  both  in  absolute  terms  and  in  terms  of  market  share.  It  was 
further  alleged  that,  among  other  consequences,  and  taking  into  account  the  fact  that 
past dumping practices by other countries had already  injured  the Community  industry, 
the  volume  and  prices  of  the  imported  products  had  had  a  negative  impact  on  the 
quantities  sold, the  market  share  and  the  prices  charged  by  the  Community  producers, 
resulting  in  a  substantial  adverse  effect  on  the  financial  situation  of  the  Community 
industry. 

3.2.4.  Polysulphide polymers  from  the  United States of America 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  into the 
European  Union  of polysulphide  polymers  originating  in the United  States  of  America 
was published  on  19 June  1997, following  a complaint  lodged  by  Akcros  Chemicals  -
Germany, the sole Community producer of the product  concerned. 

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

With regard to injury,  it was alleged that imports from  the United  States of America had 
increased  significantly  both  in  absolute  terms  and  in  terms  of  market  share.  It  was 
further  alleged  that  the  volume  and  prices  of  the  imported  products  had,  among  other 
consequences,  had  a  negative  impact  on  the  quantities  sold,  the  market  share  and  the 
prices  charged  by the  Community  industry,  resulting  in a substantial  adverse  effect  on 
its financial  situation. 

3.2.5.  Synthetic fibre  ropes from India 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  into  the 
European  Union  of  synthetic  fibre  ropes  originating  in  India  was  published  on  1 July 
1997 on the Commission's own initiative. 

A  previous  proceeding  concerning  the  same  product  had  been  terminated  on  the 
grounds  that  the  degree  of  injury  and  causal  link  between  the  dumping  and  any  injury 
could not be sufficiently  established  in the light of the information  available  in relation 
to the investigation period. 

However,  information  made  available  to  the  Commission  at  a  late  stage  of  the 
investigation  indicated  that  at  the  end  of  the  previous  investigation  and  during  the 
period  following  it, there was prima facie  evidence that the situation of the  Community 
had further  deteriorated as a result of continued dumped imports from  India. 

3.2.6.  Monosodium  glutamate from Brazil, the  United States of America and Vietnam 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  of 
monosodium  glutamate originating in Brazil, the United States of America and Vietnam 
was  published  on  5  July  1997,  following  a  complaint  lodged  by  Orsan  SA,  the  sole 
producer of monosodium glutamate in the Community. 

The  complaint  contained  evidence  of  significant  dumping.  The  allegation  of  dumping 
was based for Brazil and the United  States on a comparison of normal value established 
on  the  basis  of  domestic  prices  in  these  countries  with  the  export  prices  to  the 
Community.  Since  Vietnam  is  a  non-market  economy  country,  the  complainant 
proposed  that  normal  value  be  established  on  the  basis  of  the  domestic  price  in 
Thailand.  This  normal  value  was  compared  with  the  export  prices  of  the  product 
concerned when sold for export to the Community. 

With  regard  to  injury  it  was  alleged  that  imports  from  Brazil,  the  United  States  of 
America  and  Vietnam  increased  significantly  both  in  absolute  terms  and  in  terms  of 
market  share.  It  was  further  alleged  that,  among  other  consequences,  the  volume  and 
prices of the imported products had a negative impact on the quantities  sold, the market 
share  and  the  prices  charged  by  the  Community  producer,  resulting  in  a  substantial 
adverse effect  on the financial  situation of the Community  industry. 

3.2.7.  Cotton  grey  fabrics  from  the  People's  Republic  of  China,  Egypt,  India,  Indonesia, 

Pakistan  and  Turkey 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  of  flat 
unbleached  cotton  fabrics  originating  in the  People's  Republic  of  China,  Egypt,  India, 
Indonesia,  Pakistan  and  Turkey  was  published  on  11 July  1997.  The  proceeding  was 
initiated  following  a  complaint  lodged  by  the  Committee  of  the  Cotton  and  Allied 
Textile  Industries  of  the  European  Union  (Eurocoton)  on  behalf  of  the  Community 
industry. 

The  complaint  contained  evidence  of  substantial  dumping  based  on  a  comparison  of 
export prices to the  Community  with constructed  normal  values  established  for  each  of 
the countries concerned. Since 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 
prices or the constructed value in a market economy third country, i.e. India. 

With  regard  to  injury,  it  was  alleged  that  imports  from  the  countries  concerned  had  a 
negative  impact  on the Community  industry's  prices, which together  with  other  effects 
adversely and substantially affected  the industry's financial  situation. 

It  should  be noted  that  this complaint  was  lodged  shortly  after  the  Council  was  unable 
to  find  the  majority  necessary  to  adopt  the  proposal  of  the  Commission  to  impose 
definitive  anti-dumping duties in a previous  investigation. 

The  fact  that  the  Commission  decided  to  initiate  a  new  proceeding  shortly  after  the 
Council's  refusal  to  adopt  the  Commission's  proposal  was  criticized  by  a  number  of 
exporting  countries. 
In  this  respect,  it  should  be  noted  that  the  Commission,  upon 
receipt  of  a  properly  documented  complaint  and,  in  accordance  with  its  anti-dumping 
legislation  as  well  as  the  WTO  agreement,  had  no  choice  but  to  initiate  a  new 
proceeding. 

3.2.8. 

Imports  into  Italy  of  certain flat  rolled  narrow strips,  of  iron or  non-alloy  steel, cold-
rolled, from Russia 

The notice of initiation  of an anti-dumping proceeding  concerning  imports  into Italy  of 
certain  flat  rolled  narrow  strips,  of  iron  or  non-alloy  steel,  cold-rolled,  originating  in 
Russia  was  published  on  12  July  1997.  The  proceeding  was  initiated  following  a 
complaint  lodged  by  the  Italian  Narrow  Cold  Rolled  Strips  Producers  Association 
(FEDERACCIAI), on behalf of producers representing a major  proportion of total  cold-
rolled narrow steel strips output in Italy. 

10 

The Italian producers  alleged  that  they  sell  almost  all  of their production  of  steel  cold-
rolled narrow strips in Italy.  It was also submitted that demand in the Italian market  for 
this product was not, to any substantial degree, supplied by producers located  elsewhere 
in the Community.  It was further  alleged that the dumped  imports  into the  Community 
were concentrated  into the Italian market. 

Given  these  circumstances,  it  was  alleged  that  the  territory  of  the  Community  should, 
for the product  in question, be  divided  into two  or more different  competitive  markets, 
as provided  for  by  Article  4(1 )(b)  of  the  basic  Regulation,  one  these  being  the  Italian 
market.  Consequently,  for  the  purpose  of  this  proceeding,  the  Community  industry 
consisted only of the producers in Italy. 

In  view  of  the  fact  that  Russia  is  a  non-market  economy  country,  the  complaint 
proposed  that  normal  value  be  established  on  the  basis  of  the  domestic  price  in  the 
United  Sates of America.  The  allegation  of dumping  was based  on the  comparison  of 
normal  values  in  the  USA,  as  set  out  above,  with  the  export  prices  of  the  product 
concerned originating  in Russia when sold for export to Italy.  On this basis, the alleged 
dumping margins, as calculated, are substantial. 

As  regards  injury  it  was  alleged  that  imports  into  Italy  from  Russia  had  increased 
significantly  in absolute  terms  and  in terms  of  market  share  during  a period  where  the 
apparent consumption  in Italy had  decreased.  In addition, the volume and prices of the 
imported  products  had,  among  other  consequences,  had  a  negative  impact  on  the 
quantities  sold, the  market  share  and  the prices  charged  by  Italian  producers,  resulting 
in  substantial  adverse  effects  on  the  financial  situation  of the  Italian  industry,  reduced 
investment  and  significant  job  losses. 
It  was  further  argued  that  these  imports  are 
causing  injury  to  the  producers  of  all  or  almost  all  the  production  of  the  product  in 
question within the Italian market. 

3.2.9.  Synthetic fibre  ropes from the Republic  of Korea 

The notice  of  initiation  of  an anti-dumping  proceeding  with  regard  to  imports  into  the 
European  Union  of  synthetic  fibre  ropes  originating  in  the  Republic  of  Korea  was 
published  on 31 July  1997, following  a complaint  lodged by the Liaison  Committee  of 
the European Union,  Twine, Cordage  and Netting  Industries  (EUROCORD), on  behalf 
of the Community  industry. 

The complaint contained evidence of significant  dumping based on a comparison of the 
domestic prices in the Republic of Korea with export prices of the product concerned to 
the Community. 

With regard to injury,  it was alleged 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 have, among other consequences, had 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. 

11 

3.2.10.  Unwrought unalloyed magnesium from the People's  Republic of China 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  of 
unwrought  unalloyed  magnesium  originating  in  the  People's  Republic  of  China  was 
published  on  21  August  1997.  The  proceeding  was  initiated  following  a  complaint 
lodged  by  Euroalliages,  on  behalf  of  the  only  producer  of  unwrought  unalloyed 
magnesium operating in the Community, Pechiney Electrometallurgie  (France). 

The complaint  contained  evidence  of substantial  dumping. As the People's  Republic  of 
China  is a non-market  economy  country,  the  complaint  proposed  that  normal  value  be 
established  on the basis of the prices in a market economy third country, ie Norway. 

With regard to injury, the complainant  alleged and provided  evidence that  imports  from 
the  People's  Republic  of  China  had  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, among  other  consequences,  had  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.  Stainless steel bright bars from India  (anti-dumping) 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  of 
stainless  steel  bright  bars  originating  in  India  was  published  on  30  August  1997, 
following  a complaint lodged by Eurofer  on behalf of the Community  industry. 

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

With regard to injury,  it was alleged that imports from  India had increased  significantly 
in  absolute  terms  and  in terms  of  market  share.  It was  further  alleged  that  the  volume 
and  price  of  the  imported  products  had,  among  other  consequences,  had  a  negative 
impact  on the  quantities  sold,  the  market  share  and  the  level  of  prices  charged  by  the 
Community  producers, resulting  in substantial  adverse effects  on the financial  situation 
of the Community industry and significant job losses. 

3.2.12.  Broad spectrum antibiotics from India 

The  notice  of  initiation  was  published  on  12  September  1997.  The  anti-subsidy 
proceeding  was initiated  following  a complaint  from  the producers  Antibiotics  SA and 
SpA,  Biochemie  GmbH,  SA  and  SpA  and  ACS  Dobfar  SpA,  representing  a  major 
proportion of Community production of the product  concerned. 

12 

The  complaint  contained  evidence  of  subsidization  i.e. that  producers  and/or  exporters 
in India benefit  from  a number of subsidies granted by the Government of India.  These 
subsidies  are  a  credit  for  import  duty  on  materials  used  by  exporters  (Passbook 
Scheme),  a  tax  exemption  scheme  on  profits  earned  on  exports,  export  promotion 
capital  goods  scheme  and  benefits  from  locating  in  export  processing  zones.  The 
subsidy  is  estimated  to  amount  to  at  least  30%.  All  these  schemes  are  considered 
countervailable as they are allegedly contingent on export  performance. 

With  regard  to  injury,  it  was  alleged  that  imports  from  India  have  increased 
significantly  in absolute terms and in terms of market  share.  It was further  alleged that 
low prices of the allegedly subsidized  imports have had a negative  impact on the prices 
charged  by  the  Community  producers, resulting  in  a substantial  adverse  effect  on  their 
financial  situation.  In  particular,  profitability  has  become  inadequate  to  finance  the 
required  R&D  expenditure.  The increased  volumes  of imports had  also had  a negative 
impact on the quantities sold by the Community  industry. 

3.2.13.  Thiourea dioxide from the People's Republic of China 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  of 
thiourea  dioxide  (also  known  as formamidine  sulfinic  acid)  originating  in the  People's 
Republic  of  China  was  published  on  24  October  1997.  The  proceeding  was  initiated 
following  a complaint  lodged by the European  Chemical  Industry  Council  (CEFIC) on 
behalf  of  the  sole  producer  of  thiourea  dioxide  in  the  Community,  Degussa  AG 
(Germany). 

The complaint  contained  evidence of significant  dumping.  Since the People's  Republic 
of  China  is  considered  to  be  a  non-market  economy,  the  complainant  proposed  that 
normal  value  be  established  on  the  basis  of  the  price  or  the  constructed  value  in  a 
market economy third country, i.e. Japan. 

With  regard  to  injury,  it was alleged  that  imports  from  the  People's  Republic  of  China 
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,  among  other 
consequences,  had  a  negative  impact  on  the  quantities  sold  and  the  prices  charged  by 
the  Community  producer  which,  together  with  other  effects,  have  had  a  significant 
adverse impact on the financial  situation of this Community  producer. 

3.2.14.  Certain  laser  optical  reading systems  or the main constituent  elements thereof, for  use 
in motor  vehicles from Japan, Korea, Malaysia,  Taiwan and the People's  RepublicR of 
China 

The  notice  of  initiation  of  an  anti-dumping  proceeding  was  published  on  25  October 
1997  with  regard  to  certain  laser  optical  reading  systems  or  the  main  constituent 
elements  thereof,  for  use  in motor  vehicles  originating  in  Japan,  Korea,  Malaysia,  the 
People's  Republic of China and Taiwan, following  a complaint  lodged  by ALORS  (the 
Association for Laser-Optical Reading Systems). 

13 

For all five countries, the complaint  contained  evidence  of  substantial  dumping. As the 
People's  Republic  of  China  is  a  non-market  economy  country,  the  complainant 
proposed that normal value be established  on the basis of constructed  normal  value in a 
market economy third country, namely Malaysia. 

With  regard  to  injury,  the  complainant  alleged  that  imports  from  these  countries  had 
increased  substantially  in  absolute  terms  and  in  terms  of  market  share.  It  was  further 
alleged that, among other consequences, the volume and prices of the imported  products 
had  a negative  impact  on the quantities  sold  and the prices  charged  by the  Community 
producers. This  resulted  in a  substantial  adverse  effect  on the  financial  situation  of the 
Community  industry which, it is alleged, prevented new investments from  taking place. 

3.2.15.  Stainless  steel bright bars from India (anti-subsidy) 

The  notice  of  initiation  of  an  anti-subsidy  proceeding  was .published  on  30  October 
1997.  The proceeding was initiated following  a complaint  lodged by  Eurofer  on behalf 
of a major  proportion of Community producers. 

The  complaint  contained  evidence  of subsidization  i.e. that  producers  and/or  exporters 
of  the  product  concerned  in  India  benefit  from  a  number  of  subsidies  granted  by  the 
Government  of India.  These subsidies are a credit for  import duty  on materials used by 
exporters  (Passbook  Scheme),  a  tax  exemption  scheme  on  profits  earned  on  exports, 
export  promotion capital  goods scheme and benefits  from  locating  in export  processing 
zones.  This  subsidy  is  estimated  to  amount  to  25-30%.  All  of  these  schemes  are 
considered countervailable, as they are allegedly contingent upon export  performance. 

With  regard  to  the  injury,  it  was  alleged  that  imports  from  India  have  increased 
significantly  in absolute terms and in terms of market share.  It is further  alleged that the 
volume and low prices of the imported products have, among other consequences, had a 
negative  impact on the quantities  sold, the market  share and the  level  of prices  charged 
by  the  Community  producers, resulting  in substantial  adverse  effects  on  their  financial 
situation and significant job losses. 

3.2.16.  Cochineal  Carmine from Peru 

The  notice  of  initiation  was  published  on  6  November  1997.  The  proceeding  was 
initiated  following  a complaint  lodged by Xantaflor,  Spain, which  accounts  for  at  least 
50% of Community  production. 

The  complaint  contained  evidence  of  subsidies  granted  by  the  Government  of  Peru. 
These  are a simplified  drawback  scheme, tax benefits  in special  trade  and  development 
zones  and  an  export  promotion  programme.  These  subsidies  appear  to  be  either 
therefore 
contingent  upon  export  performance  or  regionally  specific  and  are 
countervailable.  The amount of subsidy is estimated at  15-20%. 

14 

As regards  injury,  it is alleged  that the Peruvian prices significantly  undercut the  prices 
of  the  Community  producer  and  that  the  low  prices  of  the  subsidized  imports  have 
forced  the  Community  producer  to  reduce  its prices, resulting  in  a negative  impact  on 
the financial  situation of the producer. In addition, the market share of Peruvian  imports 
has  increased  significantly  over  the  past  years,  whereas  the  market  share  and  the 
absolute volume of sales of the Community producer has decreased. 

3.2.17.  Hardboard from Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and  Russia. 

The  notice  of  initiation  with  regard  to  imports  of  hardboard  originating  in  Brazil, 
Bulgaria,  Estonia,  Latvia,  Lithuania,  Poland  and Russia was published  on  7 November 
1997,  following  a complaint  lodged  by  8 companies  which produce  more  than  50% of 
of Community output of the like product. 

The  product  allegedly  being  dumped  is  hardboard,  defined  as  fibreboard  of  wood  or 
other  ligneous  materials, whether  or not  bonded  with  resin  or other  organic  substances 
and  with  a  density  exceeding  0,8g/cm3.  Hardboard  is  used  for  furniture,  furnishings, 
wall covernings, ceilings, floorings  as well as in the automobile, packaging, toys, do-it-
yourself and related sectors. 

With  regard  to  Brazil,  Lithuania  and  Poland,  the  allegation  of  dumping  is  based  on  a 
comparison  of  normal  value  established  on  the  basis  of  domestic  prices  in  these 
countries  with the  export  prices  of the product  concerned  to the  Community.  As  far  as 
Bulgaria,  Estonia  and  Latvia  are  concerned,  the  allegation  of  dumping  is  based  on  a 
comparison of constructed  normal value in these countries with the export prices of the 
product  concerned  to  the  Community.  In  view  of the  fact  that  Russia  is  a  non-market 
economy country, the complainant has proposed that normal value be established on the 
basis  of  the  price  in  a  market  economy  third  country  i.e.  the  USA.  The  allegation  of 
dumping  is based  on  a  comparison  of  normal  value, as  set out  above,  with  the  export 
prices  of  the  product  concerned  from  Russia  when  sold  to  the  Community.  On  this 
basis the dumping margins calculated are substantial. 

With  regard  to  injury,  it  was  alleged  that  imports  from  the  countries  concerned  had  a 
negative impact on the quantities sold and prices charged by the Community  producers, 
resulting  in  substantial  adverse  effects  on  the  overall  performance  of  the  Community 
industry and the financial  situation of the Community  industry. 

3.2.18.  Bicycles  from  Taiwan 

The  notice  of  initiation  of  an  anti-dumping  proceeding  with  regard  to  imports  of 
bicycles  originating  in  Taiwan  was published  on 26 November  1997.  The  proceeding 
was  initiated  following  a  complaint  lodged  by  the  European  Bicycle  Manufacturers 
Association, representing a major proportion of Community production of bicycles. 

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

15 

With  regard  to  injury,  it  was  alleged  that  imports  from  Taiwan  have  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, among other consequences, had a 
negative  impact  on  the  quantities  sold  and  the  prices  charged  by  the  Community 
producers,  resulting  in  substantial  adverse  effects  on  the  overall  performance  and  the 
financial  situation of the Community  industry. 

3.2.19.  Certain  large electrolytic aluminium  capacitors  from  the  United States of America  and 

Thailand 

The  notice  of  initiation  of an  anti-dumping  proceeding  with  regard  to  imports  into  the 
Community  of certain  large electrolytic  aluminium  capacitors  originating  in the  United 
States  of  America  and  Thailand  was  published  on  29  November  1997  in  the  Official 
Journal of the European Communities. 

The  product  allegedly  being  dumped  was  large  electrical  capacitors,  non-solid, 
aluminium  electrolytic,  with  a  CV  product  (capacitance  multiplied  by  rated  voltage) 
between 8000 and 550000 micro-coulombs (uC) at a voltage of 160 V or more. 

The  proceeding  was  initiated  as  a  result  of  a  complaint  lodged  by  the  Federation  for 
(FARAD)  on  behalf  of  Nederlandse 
Appropriate  Remedial  Anti-Dumping 
Philipsbedrijven  B.V.  (The  Netherlands)  and  BHC  Aerovox  Ltd.  (United  Kingdom) 
whose  combined  output  represented  a  major  proportion  of  the  Community  production 
of the product concerned. 

The complaint contained evidence of substantial  dumping based on a comparison of  the 
constructed  normal  value  in the  United  States  and  Thailand  with the  respective  export 
prices of the product concerned to the Community. 

With  regard  to  injury,  it was alleged  that  imports  into the  Community  from  the  United 
States  and  Thailand  had  increased  significantly,  and  that  the  volume  and  prices  of  the 
imported  products  had  had  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. 

3.2.20.  Woven glass fibre fabrics  from  Taiwan (anti-dumping) 

The notice of initiation of an anti-dumping proceeding with regard to imports of certain 
woven  glass  fibre  fabrics  originating  in  Taiwan  was  published  on  4  December  1997. 
The  proceeding  was  initiated  following  a  complaint  lodged  by  EURATEX  (European 
Apparel and Textile Organisation), on behalf of the Community  industry. 

The  products  allegedly  being  dumped  are  plain  weave  fabrics,  woven  from  "E"  glass 
electrical  grade glass fibre yarns, that are designed  as reinforcing  material  in  laminated 
plastics  for  electrical  and  electronic  use.  These  products  conform  to  internationally 
recognized stands (IPC and ISO). 

16 

The  complaint  contained  evidence  of  significant  dumping  based  on  a  comparison  of 
normal  value based  on domestic  prices  in Taiwan  with the export  prices of the  product 
concerned when sold for export to the Community. 

With  regard  to  injury,  the  complainant  alleges  and  has  provided  evidence  that  imports 
from  Taiwan  have  increased  significantly  in  absolute  terms  and  in  terms  of  market 
share.  It  is  further  alleged  that  the  volume  and  prices  of  the  imported  products  have, 
among  other  consequences,  had  a  negative  impact  on  the  quantities  sold,  the  market 
share  and  the  level  of  the  prices  charged  by  the  Community  industry,  resulting  in  a 
substantial adverse effect  on its financial  situation. 

3.2.21.  Woven glass fibre fabrics  from  Taiwan (anti-subsidy) 

The  notice  of  initiation  of  an  anti-subsidy  proceeding  was  published  on  4  December 
1997.  The  proceeding  was  initiated  following  a  complaint  lodged  by  EURATEX 
(European  Apparel  and  Textile  Organisation)  on  behalf  of  all  known  Community 
producers of this product. 

The  complaint  contained  evidence  that  the  Taiwanese  producers  of  the  product 
concerned  benefit  from  a number  of  subsidies  granted  by  the  Government  of  Taiwan. 
These  subsidies  are  mainly  granted  under  the  Statute  for  Upgrading  Industries  and 
include  :  tax  credits/tax  exemptions  granted  under  a  number  of  programmes  (e.g. 
incentives 
for  automation,  R&D 
incentives),  low  interest  loans  for  certain  projects,  accelerated  depreciation  for 
machinery  and  equipment  and  a range  of benefits  for  locating  in  industrial  parks.  The 
amount  of  subsidy  is  estimated  at  30-40%.  On  the  basis  of  the  complaint,  all  these 
schemes  are considered  to be  countervailable  as they  are specific  to  certain  enterprises 
and zones. 

technology-based  enterprises, 

incentives 

for 

With  regard  to  injury,  it  was  alleged  that  imports  from  Taiwan  have  increased 
significantly  in  absolute  terms  and  in terms  of  market  share. 
It  was  also  alleged  that 
the volume and prices of the imports had, among other consequences, a negative  impact 
on  the  quantities  sold,  the  market  share  and  the  prices  charged  by  the  Community 
producers, resulting in substantial adverse effects  on their financial  situation. 

4. 

PROVISIONAL  MEASURES 

4.1.  Overview 

Provisional  measures  may  be taken  in accordance  with  the  provisions  of the  respective 
basic  Regulations  where  the  preliminary  examination  shows  that  there  is  sufficient 
evidence  of  dumping  or  subsidy  and  of  injury  caused  thereby  to  the  Community 
industry, and that the Community  interest calls for intervention to prevent such  injury. 

17 

Provisional  duties  may  be  imposed  for  six  months  and  extended  for  a  further  three 
months  or they may be imposed for nine months. 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. 

Individual  duty  rates are  calculated  for  those  exporting  producers  who  have  copperated 
with  the  Commission  services, whereas  the  duty  rate  for  non-cooperating  companies  is 
based  on past  information  available.  This  generally  leads to higher  duty  rates  for  non-
cooperating companies in order to avoid granting a bonus for  non-cooperation. 

In  1997, provisional  duties were  imposed  in  13 proceedings.  As shown  in Table  1, this 
figure compares to  11 in  1996 and 21 in  1995. Details of the provisional  duties  imposed 
in  1997 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.  Sacks  and  bags  made  of polyethylene  or  polypropylene  from  India,  Indonesia  and 

Thailand. 

On  10  January  1997,  the  Commission  imposed  a  provisional  anti-dumping  duty  on 
imports of sacks and bags originating in India, Indonesia and Thailand.  The proceeding 
had  been  initiated  in  April  1995  following  a  complaint  lodged  by  the  European 
Association  for Textile Polyolefins  (EATP). 

Dumping 

The  normal  value  for  the exporting  countries  concerned  was  in  most  cases  established 
on the basis of domestic  selling prices. Where the domestic  sales volume  was found  to 
be  not  representative,  normal  value  was  established  on  the  basis  of  prices  charged  by 
other  producers  in  the  country  concerned  for  representative  domestic  sales  of  the 
corresponding  product  type or else constructed  on the basis  of the cost  of  manufacture 
plus a reasonable amount for  selling, general and administrative  expenses and profit.  In 
view  of  the  large  number  of  Indonesian  exporters  it was  decided  to  select  a  sample  of 
exporters. 

Export  prices  for  the  three  countries  concerned  were  determined  on  the  basis  of  the 
prices actually paid or payable for the products sold for export to the  Community. 

The provisional dumping margins established ranged from 0% to 47.2% for India,  from 
23.5% to 74.3% for Indonesia and from  13.8% to 94.9% for  Thailand. 

18 

Injury  and causation of  injury 

The  analysis  of the  elements  affecting  the  Community  industry  has  shown  that  during 
the period under examination, namely from  1992 to the investigation period (April  1994 
to March  1995), the Community  industry  was confronted  with dumped  imports  of low-
priced sacks and bags originating in India, Indonesia and Thailand. 

As result  of  significant  price  undercutting  from  Indian, Indonesian  and  Thai  exporters, 
the Community  industry lost  10% of its market share and had to decrease its production 
by  9% causing  capacity  utilisation to decrease by  8%. Prices, profitability,  investments 
and  employment  also  followed  a  negative  trend  during  the  same  period  of  time.  The 
Commission  therefore  concluded  that  the  Community  industry  had  been  suffering 
material  injury. 

Given  that  sacks  and  bags  are  technically  a  simple  product,  offered  through  similar 
sales  channels  to  the  same  users  in  the  Community,  the  Commission  considered  that 
low-priced  imports  from  the  three  countries,  taken  in  isolation,  had  a  substantial 
negative impact on the deteriorating  situation of the Community  industry. 

Community  interest 

Having  examined  all the  arguments  submitted  by  several trade  associations,  importers 
and  producers  as well  as  users  of  sacks  and  bags,  and  the  impact  on  the  competitive 
environment  in  the  Community  market,  giving  special  consideration  to  the  need  to 
eliminate  the  trade  distorting  effect  of  injurious  dumping  and  to  restore  effective 
competition,  the  Commission,  on balance, found  no  compelling  reasons  for  not  taking 
provisional anti-dumping measures against the imports in question. 

Measures 

The Commission  imposed  provisional  anti-dumping  duties on the basis of the  dumping 
margins  found  since  these  margins  were  all  lower  than  the  injury  elimination  levels 
provisionally  found. 

The  provisional  anti-dumping  duties  thus  imposed  were  between  3.2  and  47.2%  for 
Indian  exporters,  between  23.5  and  74.3% for  Indonesian  exporters  and  between  13.8 
and 94.9% for Thai exporters. 

4.2.2.  Polyester  textured filament yarn  (PTY) from Malaysia 

On  14 January  1997, a provisional  anti-dumping  duty was imposed  on imports  into the 
Community  of  Polyester  textured  filament  yarn  (PTY)  originating  in  Malaysia.  The 
proceeding  had  been  initiated  in  April  1995,  following  a  complaint  lodged  by  the 
International  Committee  of  Rayon  and  Synthetic  Fibres  (CIRFS),  acting  on  behalf  of 
the  majority  of  the  Community  producers  of  PTY.  Anti-dumping  proceedings, 
concerning  imports  of  the  same  product  and  originating  in  Taiwan,  Turkey,  India, 
Indonesia  and  Thailand  were  also  carried  out  following  complaints  introduced  by 
CIRFS. 

19 

Dumping 

The  investigation  revealed  that  sales  of the  product  concerned  on the  domestic  market 
during  the  investigation  period  were  representative  and made  in the ordinary  course  of 
trade. Normal value could therefore  be based on the weighted  average domestic  selling 
prices of comparable types of PTY. 

Export prices were established on the basis of the prices actually paid or payable for the 
product concerned when sold for export from  Malaysia to the Community. 

A comparison between normal  value and export prices, made at the same  level of trade 
and  after  due  adjustments,  were  warranted,  showed  a  dumping  margin  for  the  sole 
cooperating producer in Malaysia, Hualon Corporation (M) Sdn.Bhd., of 16.4%. 

Injury  and causation of  injury 

With  regard  to  injury  it  was  found  that  the  volume  of  the  dumped  imports  of  PTY 
originating  in Malaysia  had  increased  from  0 tonnes  in  1991 to  7.900  tonnes  in  1994, 
and this before the background  of an only modestly  increasing consumption  level in the 
Community,  with consequently  decreasing  market  shares of all other  sources of  supply 
(Community producers and other importing countries). Prices charged by the Malaysian 
exporter significantly  undercut European market prices by around 20%, which has to be 
considered  as  significant  in  view  of  the  commodity  type  of 
the  product  concerned. 
These  factors  lead  to  a  commensurate  decline  in  the  economical  performance  of  the 
Community industry, with declining  sales and market shares, employment cutbacks and 
poor  financial  results, which  prevented  the  Community  industry  from  maintaining  the 
level of investment necessary in this capital intensive industrial sector. 

Community  interest 

Having  examined  the  various  interests  involved,  it  was  concluded  that  to  leave  the 
Community  PTY industry  without  protection  against this injurious  dumping  would  not 
be in the interest of the Community.  It was furthermore  considered  necessary to  restore 
fair  competitive  conditions  in the  Community  market  and  at the  same time to  assure  a 
non-discriminatory  treatment of PTY originating in Malaysia as compared to imports of 
PTY  originating  in  other  third  countries,  which  are  presently  also  subject  to  anti 
dumping measures. 

Measures 

Since the level of injury  found  exceeded the dumping margin, the provisional  duty  was 
imposed at the level of the latter, i.e. at a rate of  16.4%. 

20 

4.2.3.  Certain footwear  with textile uppers from Indonesia and the People's Republic of China 

On  1  February  1997,  a  provisional  anti-dumping  duty  was  imposed  on  imports  of 
certain  footwear  with textile uppers  originating  in Indonesia  and  the  People's  Republic 
of China. This proceeding was initiated  in February  1995 following  a complaint  lodged 
by the European Footwear Confederation  (CEC) on behalf of the Community  producers 
of the product  concerned. 

Dumping 

In view of the number  of exporters  in Indonesia  and  the People's  Republic  of  China, a 
sample  of exporters  was  selected  in each  country  with  a view to  being  submitted  to an 
in-depth  investigation. 

In  the  case  of  the  People's  Republic  of  China,  which  was  considered  a  non-market 
economy,  normal  value  was  established  on  the  basis  of  the  situation  in  an  analogue 
country.  Indonesia  was  considered  the  appropriate  choice  and  normal  value  for  the 
People's  Republic  of  China  was  established  by  adding  a  reasonable  amount  for  sales, 
general and administrative  expenses and profit  to the manufacturing  cost of each model 
incurred  by  the  Indonesian  producers  for  models  comparable  to  those  exported  by  the 
Chinese exporters. 

Since exports of the footwear  concerned  from  the exporters in both samples were  made 
directly to independent  customers  in the Community, the export prices were  established 
on the basis of the actual export prices actually paid or payable. 

The  dumping  margins  for the exporters  in the sample  for  Indonesia ranged  from  0% to 
28.5%,  with  a weighted  average  to  be  applied  to the  cooperating  exporters  outside  the 
sample  of  15.4%.  The  residual  dumping  margin,  applicable  to  all  other  exporters, 
amounted to 53%. 

A  single  dumping  margin  was  calculated  for  the  People's  Republic  of  China.  It 
amounted to 138.7%. 

Injury  and causation of  injury 

It  was  found  that  the  Community  industry  had  suffered  material  injury  which  was 
shown  by,  among  other  indicators,  a  significant  drop  in  production,  market  share, 
employment  and  a  strong  downward  trend  of  the  profit  rates.  A  number  of  company 
closures had also occurred. 

As  far  as  causation  is  concerned,  it  was  found  that  the  increasing  volume  and  market 
share  of  the  dumped  imports  in  combination  with  their  undercutting  and  decreasing 
prices  coincided  with the  loss of market  share and the price  depression  suffered  by  the 
Community  industry.  No  other  factor  was  identified  which  could  have  contributed  to 
the injury  suffered  by the Community  industry. 

21 

Community  interest 

All  the  various  interests  involved  were  examined.  No  compelling  reasons  not  to  take 
action against the imports in question came to light. 

Measures 

The  anti-dumping  duty  was  based  on  the  injury  elimination  level  found,  in  each  case 
where  it  was  lower  than  the  dumping  margin.  The  provisional  anti-dumping  duty 
ranged  from  0%  to  36.5%  (residual)  for  Indonesia,  and  was  94.1% for  the  People's 
Republic of China. 

4.2.4.  Handbags from the People's Republic of China 

On  3 February  1997, a provisional  anti-dumping  duty was  imposed  on imports into the 
Community  of  certain  handbags  originating  in  the  People's  Republic  of  China.  The 
proceeding  was  initiated  in  May  1996,  as  a  result  of  a  complaint  lodged  by  the 
European  Committee  for  Leather  Goods  Industries  (CEDIM),  whose  collective  output 
represented  a major  proportion of Community production of handbags. 

Dumping 

Since  the  People's  Republic  of  China  is  a  non-market  economy  country,  the 
Commission  determined the normal value on the basis of data obtained  from  producers 
in  a  market  economy  third  country.  Following  a  selection  process  in  which  several 
countries were considered,  including Taiwan which was  suggested  by the  complainant, 
the  Commission  chose Indonesia as analogue country  because  of the existence  of,  inter 
alia,  the  production  of  handbags  with  similar  characteristics  and  similar  production 
processes. 

Normal  value  was  calculated  on the  basis  of  the  cost  of  production  of  the  Indonesian 
producers  to  which  a  reasonable  amount  was  added  for  selling,  general  and 
administrative costs and for profits. 

Given the low level of co-operation of Chinese exporters (1.28% of all exports from  the 
People's  republic  of  China), the  export  prices  of  the  co-operating  exporting  producers 
could  not  be  considered  representative  of  the  prices  charged  by  the  non-co-operating 
exporters.  In this respect, the Commission considered it appropriate to resort to the CIF 
import  prices  of  the  unrelated  importers  sampled  for  purposes  of  the 
injury 
determination. 

Two  co-operating  exporting producers requested  individual  treatment.  Both  companies 
were  able  to  show,  to  the  satisfaction  of  the  Commission,  that  the  management  and 
control  of  the  factories  located  in  China  were  clearly  in  their  hands  and  that  their 
operations  were  sufficiently 
independent  from  the  Chinese  Authorities  and  they 
therefore  were granted individual treatment. 

22 

The provisional  dumping margins established ranged from nil for  one of the  companies 
having been granted individual treatment to  129.1% for the exporters that did not obtain 
individual  treatment. 

Injury  and causation of  injury 

It  was  found  that  the  imports  of  Chinese  handbags  increased  between  1992  and  the 
investigation period by 43% in units and by 25% in value. The share of those imports in 
the Community  consumption  grew from  51% to 60% over the same period. An  average 
margin of undercutting of 28% was  found. 

Sales of the Community  industry  in the Community  market decreased  by  12% between 
1992  and  the  investigation  period  and  its  market  share  decreased  from  21% to  15.3% 
over  the  same  period.  Profitability  decreased  from  4.7%  to  1.3%,  while  employment 
declined  from  76.000  to  57.000  people.  In  the  light  of  the  above,  the  Commission 
considered  that the Community  industry had suffered  material  injury  which  was  caused 
by Chinese imports. 

Community  interest 

Having  examined  the various  interests  involved, the  Commission  considered  that  there 
were no compelling reasons not to take action against the imports in question. 

Measures 

For  the  exporting  producers  not  being  granted  individual  treatment,  a provisional  anti 
dumping  duty  of 39.2% (injury  margin) was imposed.  For the exporters  being  granted 
individual  treatment,  the  duty  amounted  to  nil  for  Jane  Shilton  (Pacific)  Ltd.,  and  to 
30.7% for Lee & Man. 

4.2.5.  Unwrought, unalloyed zinc from Poland and Russia 

On 25  March  1997, a provisional  anti-dumping  duty  was  imposed  on  imports  into  the 
Community of unwrought, unalloyed zinc originating*in Poland and Russia. 

The proceeding had been initiated  on 9 June  1995, following  a complaint  lodged  by the 
European  Association  of  Metals  (Eurométaux)  on  behalf  of  several  producers  which 
account  for  a  major  proportion  of  total  Community  production  of  the  product 
concerned. 

Dumping 

For  the  Polish  exporters  normal  value  has  in  general  been  established  on  the  basis  of 
sales of the like product on the domestic market, provided these were made in  sufficient 
quantities and in the ordinary course of trade. 

23 

Since  Russia  is considered  to  be  a non-market  economy  country,  its normal  value  was 
based on that established  for one of the Polish companies as this company was found  to 
have a production process identical to most of the Russian producers. 

Export prices for Poland were established on the basis of prices actually paid or payable 
for  the product  when  sold to the  Community.  Export  prices  for  Russia  were  based  on 
Eurostat statistics. 

The comparison  between normal  values and export prices showed  provisional  dumping 
margins of 5.5% and  14.4% for Poland and 7.4% for Russia. 

Injury  and causation of  injury 

With  regard  to  injury  it  was  found  that  the  volume  of  the  dumped  imports  of 
unwrought, unalloyed  zinc originating  in Poland  and Russia had increased  from  19,683 
tonnes in  1991 to  107,572 tonnes in the period  1 April  1994 to 31 March  1995, as over 
the same period, consumption  on the Community  market had increased  by almost  10% 
the  market  share  of  imports  from  Poland  and  Russia  increased  from  1.06%  in  1991  to 
5.28% in the  1994/95 period. 

From  1991 to  the  1994/95  period,  the  Community  industry's  sales  in  the  Community 
dropped  17%  and  its  corresponding  market  share  declined  to  31%.  Due  to  the 
particularities  of  the  production  process  and  the  existence  of  the  London  Metal 
Exchange  (LME)  which  operates  as  a  semi-floor  price  for  producers  of  Special  High 
Grade  zinc,  the  capacity  utilisation  rate  of  the  European  producers  remained  high  but 
stocks  of  zinc  that  are  not  subject  to  the  LME  warrant  system  more  than  quadrupled, 
production declined  by  8%, employment  decreased  by 23.5% and its losses widened  to 
almost 5%. 

The  prices  charged  by  the  exporters  to  industrial  users  in the  Community  consistently 
and significantly  undercut the prices of the Community  industry.  It was concluded  that 
injury  was caused by imports of zinc from  Russia and Poland. 

Community  interest 

Taking into account that the Community  industry's price is based on the (world  market) 
LME  quotation,  that  the  price  undercutting  practiced  by  the  exporters  caused  material 
injury,  that  continued  injury  might  bring  about  the  closure  of  plants  in  some 
economically  vulnerable  areas, and that  it was assessed  that the effect  of  anti-dumping 
measures  on  users  should  be  minimal  as  the  full  elimination  of  injury  would  result  in 
them  paying  the  world  market  price,  it  was  considered  that  it  was  in  the  Community 
interest to apply anti-dumping measures. 

Measures 

As  the  Community  industry's  price  is  based  on  the  LME  quotation  (world  market 
price),  the  injury  elimination  margin  was  based  on  price  undercutting  and  found  to  be 
8.8  and  18.5%  as  regards  imports  from  Poland  and  5.5%  as  regards  imports  from 
Russia. 

24 

The  provisional  measures  on  imports from Poland  were  imposed  at  the  level  of the 
dumping margin which was found to be lower than the injury  margin: accordingly, for 
the Polish exporters the provisional duty rate was set at 5.5% and  14.4%, respectively. 
As regards Russia, a provisional duty was imposed at the rate of 5.5% corresponding to 
the injury elimination margin. 

4.2.6.  Certain  seamless pipes and tubes,  of  iron or non-alloy  steel from Russia, the  Czech 

Republic,  Romania and the Slovak Republic 

On 31 May  1997, provisional  anti-dumping  duties were imposed  on imports  into the 
Community  of  certain  seamless  pipes  and  tubes  originating  in  Russia,  the  Czech 
Republic, Romania and the Slovak Republic.  The proceeding had been initiated on 31 
August  1996, following  a complaint lodged by the Defence Committee of the Seamless 
Steel Tube Industry on behalf of the Community industry. 

Dumping 

Dumping  was  found  for  all  the  exporters  investigated.  For  the  Czech  Republic, the 
dumping margins provisionally found amounted to 5.2% for cooperating exporters and 
46.8%  for  non-cooperators,  while  for  Romania  the  dumping  margins  amounted  to 
10.8% for  cooperating  exporters  and  38.2% for  non-cooperators.  With regard  to the 
sole exporter  located in the Slovak Republic, the dumping margin amounted to  8.9%. 
A  margin  of  32.9%  was  found  for  exporters  located  in  Russia  -  none  of  which 
cooperated with the investigation - using the Czech Republic as the analogue country. 

Injury and causation of injury 

In respect  of injury,  it was found  that  during the period  under  consideration  (January 
1992 to August  1996) the Community industry attempted to stabilise a situation already 
weakened  by  past  dumping  and  to  re-establish  positive  financial  results.  The 
Community industry could not, however, reach a satisfactory  level of profitability  as it 
was  subject  to  growing  pressure  from  dumped  imports  from  the  countries  under 
investigation,  which  increased  by  45%  over  the  period  under  consideration.  This 
corresponded  to an increase (from  14.2% to 20.2%) in the market  share held by such 
imports.  The  Community  industry  could  not,  therefore,  reach  a  satisfactory  level of 
profitability.  Moreover,  it  continuously  lost  market  share  and  experienced  further 
downturn in output and capacity utilisation.  Finally, it was concluded that injury  was 
caused by imports from the countries concerned. 

Community interest 

Having examined all the various interests involved, it was concluded that there were no 
compelling reasons not to remedy the trade distorting effects of injurious dumping. 

25 

Measures 

The  anti-dumping  duty  for  all  exporters  concerned  was  based  on  the  dumping  margin 
found  as this was in all cases lower than the injury  elimination  level.  Consequently, the 
provisional duties ranged between  5.2% and 46.8% for the countries concerned. 

4.2.7.  Flat pallets  of wood from Poland 

On  6  June  1997  the  Commission  adopted  provisional  anti-dumping  measures  on 
imports  into  the  Community  of  flat  pallets  of  wood  originating  in  Poland.  The 
proceeding  had been initiated  on  13 July  1995, following  a complaint  lodged  by Anton 
Heggenstaller  AR, specifically  on behalf of the Fédération des fabricants  de palettes et 
emballages  en  bois  (FEFPEB),  which  in  turn  acts  on  behalf  of  all  its  member 
associations and also on behalf of several individual  Community producers. 

In  view  of  the  large  number  of  Polish  exporters  and  Community  producers,  the 
Commission  services  applied  sampling  and  selected  two  groups  of  companies,  one 
consisting  of  10  Polish  exporters,  the  other  consisting  of  9  Community  producers,  in 
order  to  investigate  the  existence  and  level  of  dumping  and  injury,  in accordance  with 
Art.  17 of the anti-dumping Regulation of the  Community. 

Dumping 

In  general,  normal  value  had  to  be  constructed  since  domestic  sales  of  the  companies 
investigated  were  not  made  either  in  sufficient  quantities  or  in  the  ordinary  course  of 
trade.  However,  for  one  pallet  type  normal  value  could  be  established  on  the  basis  of 
prices paid, in the ordinary course of trade, by independent customers in Poland. 

As regards export  price, it was established  for  nearly  all  companies  by reference  to the 
prices  actually  paid  or  payable  for  the  pallets  sold  for  export  to  independent  importers 
in  the  Community.  For  producers  which  made  exports  to  a  related  importer  in  the 
Community  export  prices  were  constructed  on  the  basis  of  the  prices  at  which  the 
related importer sold to independent buyers. 

The  investigation  revealed the  existence  of dumping  in respect  of nearly  all  companies 
investigated.  The provisional  dumping  margins  for  the  eight  companies  expressed  as a 
percentage of the CIF import price at the EU-border varied from  4.0% to  10.6%.  To the 
other co-operating companies not being investigated the*weighted average margin of the 
sample -  6.3% - was applied, in accordance with Art. 9(6) of the basic regulation. 

For  non-co-operating  companies,  provisional  dumping  margins  had  to  be  assessed  on 
the  basis  of  best  information  available.  For  this  purpose,  the  highest  dumping  margin 
found  for the investigated companies was taken: 10.6%. 

26 

Injury  and causation of  injury 

As for  injury  caused  by the dumped  imports, the investigation  has shown  that  all  injury 
factors  -  market  share,  production,  employment  and  profitability  of  the  Community 
producers as well  as price evolution - deteriorated  during the period  under  examination, 
which  is  1991 to  1994. Furthermore, price comparison  showed  that  Polish  pallets  were 
sold on the Community  market at prices undercutting those of the Community  industry. 
Against  this  background  and based  on a detailed  analysis,  it was  concluded  that  injury 
was caused by the dumped  imports from  Poland. 

Community  interest 

As for  Community  interest, the Commission  concluded  that, on balance, no  compelling 
reasons exist that would point against the imposition of Anti-Dumping  measures. 

Provisional  measures 

The Commission  accepted  price undertakings  (minimum price) offered  from  a group of 
around 30 companies with regard to the most important pallet type, the EUR-pallet, and 
did  not  impose  any  provisional  duties  on  imports  of  EUR-pallets  from  the  companies 
concerned. 

Furthermore,  the  following  provisional  anti-dumping  duties  were  adopted  for  the 
remaining companies and/or pallet types: 

a)  Companies  investigated  as members  of the  sample  of Polish  exporters:  duties  range 

from 4.0% to  10.6% 

b)  Other co-operating but not investigated companies: 6.3% 
c)  residual duty applicable to non-co-operating  companies:  10.6% 

The duties are at the level of the dumping margins since the level of the injury  exceeded 
the latter. 

Amendment of provisional  measures 

On  14 August  1997 the Regulation  imposing the provisional  measures  was  amended  to 
avoid that new Polish exporters, i.e. exporters which  did not exist  or export  the  product 
to  the  Community  in  the  period  of  investigation,  are  treated  like  non-co-operators. 
Indeed, through the amendment a number of genuine new Polish exporters were granted 
the  same  treatment,  in terms  of provisional  measures, as the  one  given  to  co-operating 
companies  not  selected  for  the  sample.  The  new  exporters  concerned  were  hence 
applied  a  duty  of  6.3%  instead  of  the  residual  duty  of  10.6%  and  undertakings  were 
accepted with regard to the EUR-pallet. 

27 

4.2.8.  Cotton-type bed linen from Egypt, India and Pakistan 

In  June  1997,  provisional  anti-dumping  duties  were  imposed  on  imports  into  the 
Community  of  cotton-type  bed  linen  originating  in  Egypt,  India  and  Pakistan.  The 
proceeding  had  been  initiated  in  September  1996 following  a complaint  lodged  by  the 
Committee  of  the  Cotton  and  Allied  Textile  Industries  of  the  European  Union 
(Eurocoton) acting on behalf of a major proportion of Community  production. 

Dumping 

Due  to  the  large  number  of  exporting  producers  in  the  countries  concerned,  the 
Commission  used  sampling  for  the  investigation  of  dumping.  Dumping  was  found  for 
all  exporting  producers  investigated  by  comparing  constructed  normal  values  with 
export  prices to the  Community.  The  provisional  dumping  margins  established  ranged 
from  9.1% to  13.5%  for  Egypt,  from  3,9%  to  27.3%  for  India  and  from  0.2%  (de 
minimis) to 8.2% for  Pakistan. 

Injury  and causation of  injury 

The Community  industry  was  found  to  have  suffered  material  injury  during  the  period 
1992-96,  particularly  in  terms  of  declining  and  inadequate  profitability  and  price 
development.  During  this period  29 companies  ceased  or reduced  bed  linen  production 
and the total volume of sales by Community producers in the Community fell by 17%. 

A  direct  causal  link  between  the  increased  volume  of  the  dumped  imports  and  the 
material  injury  suffered  by  the  Community  industry  was  found.  Indeed  between  1992 
and  1996  the  market  share  of  the  dumped  imports  from  the  countries  concerned 
increased  from  16.9% to  25.1% whilst  the  market  share  of  the  Community  producers 
decreased  from  62.2% to 55.6%. At the same time substantial  price undercutting  of the 
Community  industry's  prices  by  the  dumped  imports'  prices  was  found  ranging  from 
il.9%to53.7%. 

Community  interest 

All  various  interests  involved  were  examined  in  particular  those  of  the  Community 
industry  and  its  suppliers, the  interests  of  importers, retailers  and  other  purchasers  and 
the  interests  of  consumers.  The  Commission  considered  that there were  no  compelling 
reasons  not  to  impose  measures  in  order  to  correct  the  distortive  effect  of  injurious 
dumping,  to  restore  a  competitive  regime  of  fair  pricing  practices  and  prevent  further 
injury to the Community  industry. 

Measures 

In  all  cases, the  injury  elimination  level  was  found  higher  than  the  dumping  margins 
established  and therefore  the provisional  duties were based on the latter. The rate of the 
duties  ranged  from  9.1% to  13.5% for  Egypt,  from  3.9% to  27.3% for  India  and  from 
0% to 8.2% for  Pakistan. 

28 

4.2.9.  Advertising  matches from Japan 

On  16 June  1997, the Commission imposed a provisional  anti-dumping  duty on  imports 
into  the  Community  of  advertising  matches  originating  in Japan.  The  proceeding  had 
been  initiated  in  August  1994,  following  a  complaint  lodged  by  the  Federation 
Européenne des Fabricants d'Allumettes (FEFA). 

Dumping 

The  normal  value  was  established  on  the  basis  of  domestic  prices  in  Japan  when  the 
product  concerned  was sold  in sufficient  quantities  and  in the ordinary  course  of trade. 
When  no  sufficient  sales were made  on the  domestic  market  or when  they  were  found 
not to be in the ordinary course of trade, the normal value was constructed  on the basis 
of  the  manufacturing  cost  to  which  margins  for  SGA  and  for  a reasonable  profit  were 
added.  Export  prices  were  determined  on  the  basis  of  the  sales  prices  to  the  first 
unrelated  buyers  in  the  Community.  The  dumping  margins  established  for  Japanese 
exporters ranged between  12.2% and 63.5%. 

Injury  and causation of  injury 

The  Commission  concluded  that  the  Community  industry  has  been  suffering  material 
injury  as  the  investigation  has  shown  that  for  the  period  under  examination,  that 
industry,  confronted  with  dumped 
low-priced  advertising  matches 
originating  in  Japan,  has  lost  an  important  share  of  the  market  as  measured  in  value, 
while Japanese imports significantly  increased. 

imports  of 

Although production could be maintained  and prices slightly  increased,  it appeared that 
the  sales prices of the Community  industry  were below the cost  of production,  and that 
these prices were being undercut  by those of imports  originating  in Japan.  In  addition, 
profitability  was  very  negative  in  certain  sales  segments,  cash  flow  considerably 
decreased  and  certain  vital  investments  could  not  be  made  without  compromising  the 
whole  financial  situation  of  the  Community  industry.  Employment  had  also  to  be 
significantly  reduced  and jobs  are  still  in jeopardy  owing  to the precarious  situation  in 
this sector. 

Given that advertising matches are technically  a simple product, offered  through  similar 
sales  channels  to  the  same  users  in  the  Community,  it  was  considered  that  the  low-
priced  imports  had  a  substantial  negative  impact  on  the  deteriorating  situation  of  the 
Community  industry.  Indeed,  it  has  been  found  that  the  performances  of  the 
Community  industry  were  more  negative  where  the  presence  of  Japanese  imports  was 
strongest. 

Community  interest 

Having  examined  all  the  arguments  submitted  by  the  importers  and  producers  of 
advertising matches, special consideration being given to the need to eliminate the trade 
distorting  effect  of  injurious  dumping  and  to  restore  effective  competition,  the 
Commission,  on balance, found  no  compelling  reasons  for  not  taking  provisional  anti 
dumping measures. 

29 

Measures 

The  Commission  imposed  provisional  measures  in  the  case  of  three  companies  at  the 
level  of the injury  margin, as this was found  to be lower than  the dumping  margin.  For 
the fourth  exporter the duty level was based on its dumping  margin as this was found  to 
be  lower  than  the  injury  margin.  The  provisional  anti-dumping  duties  thus  imposed 
were between 9.4% and 23.7%. 

4.2.10.  Glyphosate from the People's Republic of China 

On  4  September  1997,  a  provisional  anti-dumping  duty  was  imposed  on  imports  of 
glyphosate  originating  in  the  People's  Republic  of  China.  The  proceeding  had  been 
initiated  on  19  October  1995  following  a  complaint  lodged  by  Monsanto  Europe 
SA/NV (Belgium), with the support of Cehminova Agro A/S (Denmark), representing a 
major  proportion of the Community production of glyphosate.. 

Product 

The  product  concerned  is  glyphosate,  which  is  used  as  a  non-selective  herbicide. 
Glyphosate  can be produced  in different  grades  or forms  of  concentration  :  formulated 
(with 36% glyphosate content), salt (with 62%), cake (with 84%) and acid (with 95%). 

Dumping 

The  People's  Republic  of  China  being  considered  as  a  non  market  economy  country, 
normal  value  was  determined  on the  basis  of  the  situation  in  an  analogue  country,  i.e. 
Brazil. 

Normal  value  was  established  for  the two  forms  of  glyphosate  sold  in Brazil,  acid  and 
formulated  glyphosate  on the basis  of the  cost  of production  plus  a reasonable  amount 
for  selling,  general  and  administrative  expenses  and  a  profit  margin  judged  not  to 
exceed  the  profit  normally  realised  by  producers  on  sales  of  the  same  category  of 
product  in Brazil. For formulated  glyphosate, nomal value  was established  on the basis 
of the weighted average prices actually paid for all domestic sales. 

Export  prices  were  established  on  the  prices  actually  paid  or  payable  for  the  products 
sold from  China for export to the Community. 

Provisional conclusions showed a dumping margin of 38.2% for the product  concerned. 

Injury  and causation of injury 

With regard to injury,  it was found that the volume of dumped import increased from  48 
tonnes in  1991 to  1,397  tonnes in  1995, representing an increase of market  share from 1 
to  11%,  and  resulting  in decreasing  market  shares  for  the  Community  industry.  Prices 
of  products  based  on  Chinese  exports  undercut  those  of  the  Community  industry  by  a 
weighted  average  of  12.9%  in  the  EC  market.  These  factors  led  to  a  proportionate 
decline  in the economical  performance  of the  Community  industry,  with  falling  market 
shares, prices and  profitability. 

30 

Although the decrease in market share, prices and profits  suffered  by the main  European 
producer  in the  period  examined  can  be attributed,  to  a certain  extent,  to  the  expiry  of 
the  patent  in  1991  (such  developments  are  to be expected  in all  cases  following  patent 
expiry), it was concluded that the dumped imports had aggravated this negative trend, in 
particular because the prices of the Chinese imports of acid were found  to be lower than 
the  cost  of  production  of  acid  of  both  Community  producers  thus  putting  downward 
pressure on the prices of end-product in the Community. 

Community  interest 

Having  examined  the  various  interests  involved,  it  was  concluded  that  the  rapid 
progression  of  the  Chinese  imports  indicated  that  in  the  absence  of  measures  the 
Chinese  would  further  increase  their  presence  in  the  Community  market.  This  would 
result  in  a  further  erosion  of  profitability  of  the  Community  industry  and  lead  this 
industry  to  limit  future  investment  or even to  cease  the  production  in  the  Community. 
No compelling reasons not to take action against the import in question were  found. 

Measures 

As the  level  of dumping  found  exceeded  the  level  of  injury,  provisional  duties  were at 
the level of the latter, i.e.,  21.1%. 

4.2.11.  Stainless  steel fasteners  and  parts  from  the  People's  Republic  of  China,  India,  the 

Republic  of Korea, Malaysia,  Taiwan and Thailand 

On  4  September  1997,  a  provisional  anti-dumping  duty  was  imposed  on  imports  into 
the  Community  of  stainless  steel  fasteners  and  parts  (SSF)  originating  in  the  People's 
Republic  of  China,  India,  the  Republic  of Korea,  Malaysia,  Taiwan  and  Thailand.  The 
proceeding  had  been  initiated  in  December  1996,  following  a  complaint  by  the 
European  Industrial  Fasteners  Institute  (EIFI), acting on behalf  of the  Community  SSF 
industry. 

Dumping 

In general, normal values for the exporting countries concerned  were based  on domestic 
selling prices for  types  of SSF comparable to those exported  to the Community.  Where 
no  such  sales  existed,  or  where  sales where  made  outside  the  ordinary  course  of  trade 
(i.e. loss-making  sales or sales between related parties), normal  value  was  based  on the 
costs of manufacture  of the individual co-operating producers plus a reasonable  amount 
for  selling, general and administrative expenses and  profit. 

Since  the  People's  Republic  of  China  is  considered  to  be  a  non-market  economy 
country,  it  was  necessary  to  compare  the  export  prices  of  the  product  concerned 
originating  in  this  country  with  prices  or  costs  in  a  market  economy  country.  Taiwan 
was eventually  considered  the most  appropriate  country  for  this purpose. Normal  value 
for  the  People's  Republic  of  China  was  therefore  established  on  the  basis  of  the 
domestic  sales  or  costs  of  the  co-operating  Taiwanese  producers  on  the  domestic 
market. 

31 

Export  prices  were  established  in  most  of  the  cases  on the  basis  of  the  prices  actually 
paid or payable for the products sold for export to the Community. 

Since the level of co-operation  in the People's  Republic  of China was found  to be low, 
export  prices  provided  by  the  co-operating  exporters  were  disregarded  and  average 
export  prices  established  on  the  basis  of  Eurostat  data  were  compared  to  the  average 
normal values established for  Taiwan. 

The  provisional  dumping  margins  established  ranged  from  16.2%  to  75.7%  for  the 
producers  in the People's  Republic  of China,  from  47.9% to  133.5% for  the  producers 
in  India,  from  24%  to  26.7%  for  the  producers  in  Korea,  from  6.6%  to  9.5%  for  the 
producers  in  Malaysia,  from  8.3%  to  27.7%  for  the  producers  in  Taiwan,  and  from 
13.3% to 32.9% for the producers in Thailand. 

Injury  and causation of  injury 

From  an  analysis  of  injury  factors,  the  Commission  concluded  that  the  Community 
industry  had  suffered  material  injury.  This  assessment  was  based  in  particular  on  the 
decline  in  market  share  and  profitability.  Further  more  the  financial  situation  of  the 
Community deteriorated despite having increase production and productivity. 

The  Commission  calculated  an  undercutting  margin  for  exporting  companies  by 
comparing their prices on the Community market to those of the Community  industry at 
the  same  level  of  trade.  The  undercutting  margins  established 
ranged  from  39.4  to 
39.8% for  China, 21.8 to 42.5% for  Malaysia,  17.8 to 60.9% for Taiwan. 23.6 to 36.6% 
for India, 22.7% for Korea and from  25 to 33.5% for Thailand. 

The  Commission  identified  a  clear  correspondence  in  time  between  the  increasing 
volume  and market  shares  of the  dumped  imports  at low prices  and the  loss  of  market 
shares,  price  depression  and  the  decrease  in  profitability  suffered  by  the  Community 
industry.  On  this  basis  it  was  found  that  the  imports  concerned  had  caused  material 
injury  to the Community  industry. 

Community  interest 

The  investigation  concluded  that  it  was  in  the  Community  interest  to  restore  fair 
competition  on the Community  market, and to ensure that the Community  producers  of 
SSF  were  able  to  achieve  a  price  level  which  allowed  them  to  remain  competitive. 
that  the  negative  impact  of  the  measures  on 
it  was  concluded 
Furthermore, 
importer/traders and users was likely to be limited. 

Measures 

Since  the  level  of  injury  found  exceeded  the  dumping  margins  provisionally 
established,  provisional  duties  were  established  at  the  level  of  the  latter  :  for  China, 
between  16.2% and 75.7%, for  Malaysia, between 6.6% and 9.5%, for  Taiwan,  between 
8.3%  and  27.7%, for  India,  between  47.9% and  133.5%, for  Korea,  between  24%  and 
26.7% and for Thailand, between  13.3% and 32.9%. 

32 

4.2.12.  Ferro-silico-manganese from the People's  Republic of China 

On  16 September  1997, a provisional  anti-dumping  duty  was  imposed  on  imports  into 
the  Community  of  ferro-silico-manganese  originating  in  the  People's  Republic  of 
China.  The  proceeding  had  been  initiated  in  December  1996,  following  a  complaint 
lodged  by  EuroAlliages  (Liaison  Committee  of  the  Ferro-Alloy  Industry),  acting  on 
behalf of the majority  of Community producers of  ferro-silico-manganese, 

Dumping 

As the People's  Republic  of China  is considered  to be a non-market  economy  country, 
it was necessary to establish the normal value on the basis of domestic  sales prices of a 
market economy country, in this case Brazil. 

The  export  price  was  determined  on  the  basis  of  the  prices  found  for  the  co-operating 
exporters,  traders  and  importers.  The  comparison  between  normal  value  and  export 
prices showed on a provisional basis a dumping margin of 26.1%. 

Injury  and causation of  injury 

After  examination  of  all  elements  affecting  the  Community  industry,  the  Commission 
concluded  that  the  latter  suffered  material  injury.  This  assessment  was  based  on  the 
increasing  stocks and the negative  profitability  of the  Community  industry  since  1993. 
Furthermore, it was found  that the volume of dumped  imports of  ferro-silico-manganese 
originating in the People's Republic of China had increased from  12,000 tonnes in  1993 
to  75,400 tonnes  in  1996, which  corresponds to an increase  of market  share from  2.4% 
to 14%. 

The  Chinese  imports  of  ferro-silico-manganese  had  a  significant  adverse  effect  on  the 
Community  industry  which  was  still  suffering  from  the  dumped  practices  found  in  a 
previous  investigation  caused  by  exports  of  ferro-silico-manganese  from  Brazil,  South 
Africa,  Ukraine and Russia. 

The Chinese imports at dumped prices significantly  undercut the Community  industry's 
sales prices by 7.6% and impeded thereby the recovery of the Community  industry  from 
the past dumping practices of the four above-mentioned  countries. 

Community  interest 

The  Commission  considered  that  following  the  results  of  the  investigation,  it  was 
necessary  to  restore  fair  competitive  conditions  on  the  Community  market.  Owing  to 
the  low  level  of cooperation  from  the  user  industry,  no  representative  information  was 
available  to the Commission. Nevertheless, the effects  on the users were examined  and 
it  was  concluded  that  price  increases  of  ferro-silico-mangartese  following  a  dumping 
measure would not significantly  affect  its main users (particularly the steel industry). 

33 

Measures 

As  the  dumping  margin  exceeded  the  level  of  injury  found,  provisional  duties  were 
imposed at the level of the latter, i.e. at 19.6%. 

4.2.13.  Personal fax  machines  from  the  People's  Republic  of  China,  Japan,  the  Republic of 

Korea, Malaysia, Singapore,  Taiwan and Thailand 

On  1 November  1997, provisional  anti-dumping  duties  were  imposed  on  imports  into 
the Community  of personal fax machines originating  in the People's Republic of China, 
Japan,  Korea,  Malaysia,  Singapore,  Taiwan  and  Thailand.  The  proceeding  had  been 
initiated,  following  a  complaint  lodged  by  Philips  Personal  Fax  Electronik  Fabrik, 
Communications  Systems, Wien Microelectronics. 

Dumping 

Dumping  was  found  for  all  exporters  investigated.  The  margins  provisionally  found 
amounted  to  between  9.2%  and  24.5%  for  Korean  exporters,  42.3% and  109.4%  for 
exporters  in Japan, 6.0% and 56.2% for  Taiwanese exporters, 26.5% for  the exporter in 
Singapore,  9.9%  for  the  Thai  exporter  and  between  43.1% and  58.1% for  the  Chinese 
exporters. 

It was  decided  to calculate  individual  dumping  margins  for  two  companies  which  sold 
personal fax machines of Chinese origin, since the investigation revealed that the export 
prices  to  the  Community  and  the  marketing  policies  were  determined  without  any 
interference  from the Chinese State. 

Residual  margins were established  for  non-cooperating  companies, which turned out to 
be  quite  numerous  in  that  proceeding.  For  Malaysia,  from  which  no  cooperation  was 
received at all, the margin amounts to  109.4%. 

Injury  and causation of  injury 

The  situation  of  the  Community  industry  had  to  be  assessed  taking  into  account  a 
substantial  increase  in  their  production  capacities  in  1993-1994,  with  a  subsequent 
increase  in  both  their  sales  volume  and  market  shares  between  1993  and  1994. 
However,  their  sales  volume  and  market  shares  decreased  between  1994  and  1996, 
resulting in a lower capacity utilisation. The Community  industry's  sales prices also  fell 
between  1994  and  1996,  which  resulted  in  increased  losses.  As  for  employment,  it 
decreased by 21.7% in 1996. 

Between  1994  and  1996,  the  import  volume  and  market  shares  of  the  exporting 
countries  increased  whereas  their  sales  prices  decreased:  significant  price  undercutting 
was  found  from  all  the  exporting  countries,  ranging  on  average  between  4.6%  and 
19.3%. 

34 

A  causal  link  was  established  between  the  dumped  imports  and  the  injury  suffered  by 
the Community  industry. It was found  that the penetration  of the Community  market by 
imports  at  dumped  prices  sold  through  the  same  distribution  channels  and  in  the  same 
transparent  market,  which  significantly  undercut  the prices  of the  Community  industry, 
coincided  with  a  loss  of  market  shares  and  a deterioration  of  the  financial  situation  of 
the Community  industry. The negative impact of the dumped imports on the situation of 
the Community  industry must be qualified  as material. 

An  injury  removal  margin  was  established,  taking  into  account  the  Community 
industry's  cost  of  production  and  a profit  margin  of  12% on  cost  of  production  which 
was  considered  appropriate  under  normal  competitive  conditions.  Residual  margins 
were  calculated  for  non-co-operating  companies.  The  injury  margins  thus  established 
ranged  from  17.4% to  73.1% for  Korea,  from  7% to  34.9%  for  Japan,  from  23.5% to 
74.2%  for  China,  from  13.5%  to  39.5%  for  Singapore,  from  32.4%  to  36.6%  for 
Taiwan, from  40.7% to 47.3% for Thailand and 89.8% for  Malaysia. 

Community  interest 

On  the  basis  of  the  information  gathered  from  various  importers  of  personal  fax 
machines, it was provisionally  concluded that it was not against the Community  interest 
to impose anti-dumping measures. 

Measures 

The provisional  measures were based on the dumping margins unless the injury  margins 
were  lower.  The  anti-dumping  duties  range  from  6.0%  to  45.6%  for  the  cooperating 
companies, and from  22.0% to 89.8% for non-cooperating  companies. 

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 subsidisation,  that  injury  is caused  thereby, 
and  that  the  Community  interest  calls  for  intervention.  Definitive  anti-dumping  or 
countervailing  duties  are  imposed  by  the  Council,  acting  by  simple  majority  on  a 
proposal  submitted by the Commission. 

For certain exporting exporters, investigations might also be terminated  if they  undertake 
to  revise  their  export  prices.  The  Commission  will  accept  such  voluntary  undertakings 
offered  by  exporters  if  it  is  satisfied  that  the  injurious  effect  of  dumping  is  effectively 
eliminated.  In this case, no definitive  duties will be adopted for the exporters  concerned. 

35 

In  1997, definitive  duties  were  imposed  in 24 cases, compared  to 23  in  1996  and  13 in 
1995, as shown  in Table  1.  It should  be noted that  in the case unbleached  cotton  fabric 
originating  in  the  People's  Republic  of  China,  Egypt  India,  Indonesia,  Pakistan  and 
the 
Turkey,  the  Council  was  unable  to  find  the  majority  necessary 
Commission's  proposal  for  definitive  measures.  This  is  the  first  case  under  the  new 
statutory  deadlines  in  which  the  Council  did  not  impose  definitive  duties  despite  a 
Commission proposal for measures. 

to  adopt 

Whilst  details  of  the  definitive  duties  imposed  in  1997  can  be  found  in  Annex  C,  a 
summary of each case is given below. 

5.2.  Cases 

5.2.1.  Certain ring binder mechanisms from  Malaysia and the People's Republic of China. 

In January  1997, définitive  anti-dumping  measures were imposed  on imports  of  certain 
ring  binder  mechanisms  originating  in  Malaysia  and  the  People's  Republic  of  China. 
The  investigation  had  been  initiated  in  October  1995  and  provisional  anti-dumping 
measures  had  been  imposed  in  July  1996. This was the first case  subject  to  mandatory 
time limits. 

Dumping 

The dumping margin was 42.8% for the sole Malaysian exporter. 

Normal  value  for  the  People's  Republic  of  China  was  determined  by  reference  to  the 
Malaysian  domestic  market.  As  the  Malaysian  exporter  and  four  of  the  five  Chinese 
exporters  sold  the  product  concerned  to  the  EC  via  related  importers,  the  export  price 
had  to  be  constructed  in  nearly  all  cases  on  the  basis  of  the  selling  price  to  the  first 
independent customer in the Community. 

Three  Chinese  exporters  requested  individual  treatment.  After  an  evaluation  of  the 
facts,  it was concluded  that  individual  treatment  could  only  be  granted  to  one  of  them. 
The  individual  dumping  margin  for  that  company  was  found  to be  96.6%, and  129.2% 
for the other Chinese exporters. 

Injury  and causation of  injury 

It was found  that the  Community  industry  had  suffered  material  injury  which  could  be 
established,  amongst  other  factors,  by  a  drop  in  market  share  and  financial  losses 
despite  the  reduction  in  costs.  These  losses  were  caused  by  a heavy  fall  in  sales  price 
due to significant  price undercutting by the imports concerned. 

36 

As  far  as  causation  is  concerned,  it  was  found  that  the  increasing  volume  and  market 
share  of  the  dumped  imports  in  combination  with  their  undercutting  and  decreasing 
prices coincided  with the  loss of market  share and the price  depression  suffered  by  the 
Community  industry. No other  factors  were  identified  which  could  have contributed to 
the injury  suffered  by the Community industry. 

Community  interest 

Following  the  imposition  of  provisional  measures,  all  interests  involved  were  further 
examined.  While  the  situation  of  the  Community  industry  was  precarious  and  did  call 
for  intervention, no compelling  reasons not to act were found  in the examination  of the 
possible  negative  impact  of measures.  Indeed,  it was found  that  the users  of RBM,  the 
binder  manufacturers,  were  not  likely  to  be  confronted  either  with  a  reduction  of 
demand or a surge of imports of finished  products. 

« 

Measures 

The  anti-dumping  duty  was  based  for  all  exporters  on  the  injury  elimination  margin 
found,  as  this  level  was  lower  than  the  dumping  margin.  The  definitive  anti-dumping 
duty  imposed  was  10.5%  for  Malaysia,  32.5%  for  the  exporter  having  received 
individual  treatment,  and  39.4%  for  all  other  exporters  in  the  People's  Republic  of 
China. 

5.2.2.  Gas-fuelled,  non  refillable  pocket  flint  lighters  from  Thailand,  the  Philippines  and 

Mexico 

On  3  March  1997, the  Council  imposed  definitive  anti-dumping  duties  on  imports  of 
gas-fuelled,  non  refillable  pocket  flint  lighters  (usually  known  as  DFL,  i.e.  disposable 
flint  lighters)  originating  in Thailand,  the  Philippines  and Mexico.  Two  investigations 
had  been  initiated  in  March  1995  on  the  basis,  on  the  one  hand,  of  a  request  for  an 
interim  review  concerning  the  measures  in  force  in  respect  of  imports  originating  in 
Thailand,  and,  on the  other  hand,  of two  complaints  concerning  Filipino  and  Mexican 
imports respectively.  The review request and the complaints had been lodged on behalf 
of  a  major  proportion  of  DFL-producers  in  the  Community.  As  it  was  decided  to 
combine  the  review  and  the  new  investigation,  no  provisional  duties  were  imposed 
beforehand. 

Dumping 

For  Thailand,  normal  values  were  based  on  domestic  selling  prices  for  most  models 
while  for  the Philippines  and Mexico they  were constructed  on the basis  of the cost  of 
manufacture  of  exported  models  plus  a  reasonable  amount  for  selling,  general  and 
administrative costs and for  profit. 

For  Thailand,  export  prices  were  established  on  the  basis  of  the  prices  charged  to  an 
independent  importer  in  the  Community.  As the  Filipino  and  Mexican  exporters  sold 
DFL to the Community via related importers, the export prices had to be constructed  on 
the basis of the resale price to the first independent customer in the Community. 

37 

The  dumping  margins  definitively  established  were  51.9%  for  Thailand,  27.1%  for 
Mexico and ranged between 36.7% and 52.6% for the Philippines. 

Injury  and causation of injury 

As  far  as injury  is concerned,  it was established  that  the prices  of imports  undercut  the 
Community  industry's  average  price  by  more  than  30%.  The  Community  producers 
were  found  to have  lost an  8.5  percentage  point  share of the  Community  market  while 
the three countries concerned, with a  15% market share, had captured an additional  10% 
of the market during the five year period  examined. 

In  this  difficult  context,  the  Community  industry's  overall  profitability  remained  very 
low  and,  although  Community  producers  appeared  to  be  in  the  process  of  recovering 
from  the effects  of past dumping, their situation  was still very precarious.  Under these 
circumstances  it  was  concluded  that  the  Community  industry  had  suffered  material 
injury. 

Notwithstanding  the  fact  that  another  element,  namely  the  dumped  imports  from  the 
People's  Republic  of  China,  might  have  had  a  negative  impact  on  the  Community 
industry, it was established that the dumped  imports from  Thailand, the Philippines and 
Mexico had by themselves caused material injury  to the Community  industry. 

Community  interest 

The  interests  of  consumers  were  examined  but  this  examination  did  not  alter  the 
conclusion  that  it would  be  in the  Community  interest  to  impose  measures.  Indeed,  it 
could  be  established  that,  given  the  low  unit  price  of  this  item  and  the  very  limited 
amount  spent  on  it  per  individual,  the  measures  were  likely  to  have  a  very  limited 
impact, if any, on the budget of the consumer. 

Measures 

The  definitive  measures  imposed  consist  of  ad  valorem  duties  individually  set  at  the 
rate  of  5.8%  for  one  Thai  exporter  and  13%  for  one  Filipino  exporter,  as  well  as 
applicable  country-wide  duties  at  the  rate  of  51.9%  for  Thailand,  43%  for  the 
Philippines  and 27.1% for  Mexico.  However,  the three main exporters  in each  country 
concerned  offered  undertakings  which  were  found  to  be  acceptable.  These  exporters 
were therefore  excluded from the scope of the duties. 

5.2.3.  Polyester  textured filament yarn  (PTY) from Malaysia 

The  preliminary  determination  was  confirmed  at  the  definitive  stage,  and  a  definitive 
duty was imposed on 2 June  1997 (for details see 4.2.2). 

38 

5.2.4.  Handbags from the People's  Republic of China 

On  1 August  1997, the  Council  imposed  a definitive  anti-dumping  duty  on  imports  of 
leather  handbags  originating  in  the  People's  Republic  of  China  and  terminated  the 
proceeding  concerning  imports  of  textile  and  plastic  handbags.  The  proceeding  had 
been  initiated  on  4  May  1996,  following  a  complaint  lodged  by  the  European 
Committee  for  Leather  Goods  Industries  (CEDIM).  Provisional  anti-dumping  duties 
were imposed on 3 February  1997 on both leather and plastic and textile handbags. 

Product under  consideration 

For  the  purpose  of  the  preliminary  findings  the  Commission  considered  all  handbags 
(leather,  plastic  and  textile)  as  forming  one  product.  An  investigation  conducted  after 
the  imposition  of  provisional  measures  showed  that  leather  handbags  on  the  one  hand 
and  synthetic  handbags  (textile  and plastic)  on the  other  were  different  with  respect  to 
their physical characteristics, uses, interchangeability  and consumer  perception. 

Therefore  leather handbags  and synthetic handbags were considered  to be two  different 
products. 

Dumping 

The  Council  confirmed  the  choice  of  Indonesia  as  an  analogue  country  for  the 
determination  of  normal  value. In view of the new  findings  on  the  product  concerned, 
separate normal values were calculated for both products. 

Export  prices  for  the  co-operating  exporters  were  confirmed.  Individual  treatment  was 
granted  to  a  third  co-operating  exporter  (Gebr.  Picard  International  Ltd.).  Concerning 
export  prices of the non-co-operating  Chinese  exporters, the  Council  confirmed  the use 
of the prices paid by the unrelated importers sampled for the examination  of  injury. 

Dumping  margins  found  for  the  non-co-operating  exporters  amounted  to  83.5%  for 
leather  handbags  and  151%  for  synthetic  handbags.  Concerning  the  co-operating 
exporters, which were  granted  individual treatment, dumping  margins  found  for  leather 
handbags amounted to nil for Shilton and to 7.7% for Gebr. Picard  Ltd.. 

Injury  and causation of  injury 

a)  Leather  handbags 

It  was  found  that  imports  of  leather  handbags  from  the  People's  Republic  of  China 
increased  their  share  of  the  Community  market  by  27%  between  1992  and  the 
investigation  period,  in  a  market  that  had  increased  by  about  2.5%.  A  level  of  price 
undercutting of 31.4% was established. 

39 

Community  producers  suffered  from  a decline of sales of around  5% and  their  share of 
the  Community  market  decreased  from  41% in  1992 to  39% during  the  investigation 
period.  Profitability  in  the  Community  decreased  from  around  5.9%  to  around  1.3%. 
However,  exports  increased  by  around  66% and  overall  profitability  amounted  to  5% 
during  the investigation  period. The Council  considered  that the precarious  situation  of 
the Community  industry could be characterized as "threat of injury". 

b)  Synthetic handbags 

Imports  of  synthetic  handbags  increased  by  47% between  1992  and  the  investigation 
period and their share of the Community  market increased from  73% to  81%  during  the 
same period. The undercutting  margins found  amounted to 27.8%. 

Community  producers  suffered  a  decrease  in  sales,  market  share,  profitability  and 
employment. 

Community  interest 

After  an  in-depth  investigation  into  the  Community  interest  aspects  of  the  case,  the 
Council  concluded  that  measures  should  be  adopted  concerning  leather  handbags. 
Indeed, around 93% of total Community  production of handbags is in leather. While the 
industry  is  viable  and  competitive,  the  absence  of  measures  would  result  in  a 
continuation  of  the  negative  trend.  The  analysis  of  the  impact  on  importers  and 
consumers showed that no compelling reasons existed not to adopt definitive  measures. 

However,  concerning  synthetic  handbags,  the  indicators  showed  that  the  Community 
industry  would  not be  likely to benefit  from  any measures  in the form  of an increase in 
its  sales  in  the  Community,  since  irnports  have  shown  aH shift  towards  other  third 
countries. At the same time, the impact on the employment  of the Community  industry 
would  be limited  compared  to the potential job  losses of the importing  and  distributing 
sector  if  measures  were  to  be  imposed.  Therefore,  compelling  reasons  were  found  to 
exist not to take definitive  measures. 

Measures 

Definitive  duties were imposed concerning imports of leather handbags. For the non-co 
operating  exporters the duty  amounted  to  38% (injury  margin). For the exporters  being 
granted  individual  treatment,  the duty  amounted  to 7.7% for  Gebr.  Picard  International 
Ltd. and nil for Jane Shilton (Pacific)  Ltd. In view of the findings  of threat of injury,  the 
Council  decided  not  to  collect  provisional  duties.  Concerning  synthetic  handbags,  no 
definitive  duties were imposed and provisional duties were reimbursed. 

40 

5.2.5.  Farmed Atlantic salmon from  Norway 

the  Council 

On  26  September  1997, 
imposed  definitive  anti-dumping  and 
countervailing  duties  on  imports  of  farmed  Atlantic  salmon  originating  in  Norway. 
Two  separate  investigations,  concerning  dumping  and  subsidisation,  had  been  initiated 
in August  1996 on the basis of two complaints lodged by the Scottish Salmon  Growers' 
Association  and  the  Shetland  Salmon  Farmers'  Association  on  behalf  of  a  major 
proportion of the Community  industry. 

Dumping 

A  sample  of  Norwegian  salmon  farmers  and  salmon  exporters  was  selected.  Normal 
value  was  established  on  the  basis  of  the  prices  of  domestic  sales  of  the  exporters  or, 
whenever  domestic  sales where  deemed  not to be representative  in terms  of  volume  or 
had not been made in the ordinary course of trade, normal value had to be constructed. 

The  dumping  margins  ranged  between  6.69%  and  13.05%.  The  weighted  average 
margin  to  be  applied  to  the  cooperating  exporters  which  had  not  been  selected  in  the 
sample was 10.95%. 

Subsidies 

This  was  the  first  countervailing  investigation  initiated  since  the  WTO  Subsidies 
Agreement and the adoption of Council Regulation No 3284/94 entered  into force.  The 
complainant had alleged that  17 schemes or public bodies conferred  subsidies to  salmon 
growers.  The investigation found that 5 of these constituted countervailable  subsidies. 

In  view  of  the  fact  that  subsidies  were  investigated  at  nation-wide  level,  it  was  not 
possible  to  attribute  any  company-specific  duty.  It  was  therefore  decided  to  impose a 
single,  country-wide  countervailing  duty  of  3.8%.  Since  the  subsidies  involved  were 
not  export  subsidies  and  therefore  had  no  impact  on the dumping  margins  established, 
the countervailing  duty could be imposed in addition to the anti-dumping duty. 

Injury  and causation of  injury 

As far as injury  is concerned, it was established that the price of Norwegian  exports had 
fallen  by  27% since  1992.  In  addition, Norwegian  imports, with  a 67% market  share, 
were  found  to  dominate  the  Community  market  and  therefore  greatly  influence  the 
general level of prices.  Furthermore minimum import prices which had previously  been 
imposed  by the Commission  had  not been respected  by the Norwegian  exporters.  The 
investigation  showed  the  existence  of  monthly  undercutting  margins  of  up  to  12%, in 
particular  during  the  Christmas  period,  which  is  the  period  of  the  year  during  which 
sales are concentrated. 

41 

The  result  of  this  pressure  was  a  general  price  decrease  of  25%  and  a  serious 
deterioration  of  the  financial  situation  of  the  Community  industry.  Under  these 
circumstances  it  was  concluded  that  the  Community  industry  had  suffered  material 
injury. 

As  for  the  causal  link  between,  on  the  one  hand,  dumping  and  subsidisation  of 
Norwegian  imports  and,  on  the  other  hand,  the  injury  suffered  by  the  Community 
industry, it was established that there was a correlation  between the significant  increase 
in  volume  of  low  priced  Norwegian  imports  and  the  price  pressure  and  consequent 
reduction in profitability of the Community  industry. 

It was also established that the Community  consumption of farmed  Atlantic salmon had 
increased considerably, that the Community  market share of imports from  sources other 
than  Norway  had  decreased  and  that  the  competitiveness  of  the  Community  industry 
had  improved.  These  factors  clearly  pointed  to the absence  of injury  caused by  factors 
other  than  Norwegian  imports. 
It  was  thus  concluded  that  the  combined  effects  of 
dumping  and  subsidisation  of  Norwegian  imports  had  caused  material  injury  to  the 
Community  industry. 

Community  interest 

The  interests  of other.Community  industries  (e.g. smokers  and  wholesalers),  importers 
and  consumers  were  examined  but this  examination  did  not  alter the conclusion  that  it 
would  be  in  the  Community  interest  to  impose  measures. 
Indeed,  it  could  be 
established  that measures  would  have a limited  impact  on processors  since salmon  is a 
raw material which represents only a fraction  of the cost of the processed product. 

Moreover,  most  processors  also  trade  salmon  produced  in  the  Community  and  are 
therefore  not  entirely  dependent  on  salmon  imported  from  Norway.  Finally,  a 
stabilisation of salmon prices was likely to have direct beneficial  consequences for  large 
rainbow  trout  farmers  and  indirect  positive  consequences  on prices  of fish products  in 
general. 

The  consumers'  interest  were  also  taken  into  consideration. 
In  this  respect,  the 
existence  of  alternative  sources  of  supply,  the  availability  of  substitute  products  and 
above  all  the  moderate  level  of the  measures  pointed  to  the  fact  that  the  effect  on  the 
final consumer would, if any, be minimal. 

Measures 

The definitive  measures  imposed  consist  of a countervailing  duty  of 3.8% and  an anti 
dumping  duty of 0.32  ECU/kg net product  weight.  Exporters which had been  selected 
in  the  sample  would  have  been  subject  to  individual  duties  ranging  between  0.22  and 
0.41  ECU/kg  net product  weight.  However,  the vast majority  of Norwegian  exporters, 
including  all  those  sampled,  offered  undertakings  which  were  accepted  by  the 
Commission.  These  exporters  were  thus  excluded  from  the  scope  of  the  duties. 
Pursuant  to Article  10 of  Council  Regulation  No  3284/94, the Norwegian  Government 
also offered  an undertaking which the Commission  accepted. 

42 

5.2.6.  Unwrought, unalloyed zinc from  Poland and Russia 

On 22  September  1997, the Council imposed a definitive  anti-dumping  duty on imports 
of  unwrought,  unalloyed  zinc  originating  in  Poland  and  Russia.  The  proceeding  had 
been initiated  in June  1995 and provisional duties were imposed in March  1997. 

Dumping 

The  dumping  margins definitively  established  for  the two cooperating  Polish  exporters 
are 5.2% and  14.4%, and for Russia 6.9%. 

For the Polish exporters normal value was in general established  on the basis of sales of 
the  like  product  on  the  domestic  market  when  made  in  sufficient  quantities  and  when 
made  in the  ordinary  course of trade.  As Russia  is a non-market  economy  country,  its 
normal  value  was  based  on  the  normal  value  established  for  one  of  the  Polish 
companies as it was found  that this company has a production process  identical to most 
of the Russian producers. 

Export prices for Poland were established  on the basis of prices actually paid or payable 
for  the  product  when  sold  to  the  Community.  As  none  of  the  Russian  exporters 
cooperated  in the proceeding,  export  prices were  established  on the  basis  of Article  18 
of the  Basic  Regulation  (best evidence available), which  was  found  to be Eurostat  data 
and information  provided by the statistical offices  of Finland, Sweden and Austria. 

Injury  and causation of injury 

With  regard  to  injury  it  was  found  that  the  volume  of  the  dumped  imports  of 
unwrought,  unalloyed  zinc originating  in Poland and Russia had increased  from  19,683 
tonnes  in  1991  to  107,572  tonnes  in  the  period  1st April  1994  to  31  March  1995. As 
over  the  same period  consumption  on the  Community  market  had  increased  by  almost 
10%,  the  market  share  of  imports  from  Poland  and  Russia  increased  from  1.06%  in 
1991 to 5.28% in the investigation period. 

From  1991  to  the  1994/95  period,  the  Community  industry's  sales  in  the  Community 
dropped  17%  and  its  corresponding  market  share  declined  to  31%.  Due  to  a 
particularity  of the  production process and the existence of the London Metal  Exchange 
(LME)  warrant  system  which  operates  as  a  semi-floor  price  for  producers  of  Special 
High Grade zinc, the Community  industry's capacity  utilisation rate remained  high, but 
stocks  of  zinc  that  were  not  subject  to  this  warrant  system  more  than  quadrupled, 
production  declined by  8%, employment  decreased  by 23.5% and  its losses widened to 
almost 5%. 

The  prices  charged  by the  exporters  to  industrial  users  in  the  Community  consistently 
and significantly  undercut the prices of the Community  industry. 

43 

Community  interest 

Having examined the various interests involved, including the interests of consumers of 
products  containing  zinc,  it  was  considered  that  it  was  in  the  Community  interest  to 
apply anti-dumping measures. 

Measures 

As  the  Community  industry's  price  is  based  on  the  LME  quotation,  the  injury 
elimination  margin  was  based  on  price  undercutting.  The  provisional  findings  were 
modified  to  some  extent  to  take  account  of  the  difference  between  the  prices  of  the 
varieties  of  zinc  sold  on the  Community  market  and  the  specific  characteristics  of  the 
imported products. Accordingly, the injury  elimination  margin was found  to be 6.6  and 
14.0%, respectively, as regards imports manufactured  by the Polish exporters and  5.2% 
as regards imports from  Russia. 

The  two  cooperating  Polish  exporters  offered  undertakings  which  were  accepted. 
Therefore,  as  regards  Poland,  only  a residual  definitive  duty  has  been  imposed,  at  the 
level  of  the  highest  injury  margin  established  for  that  country,  which  was  14.0%. The 
definitive  duty for Russia was set at 5.2%, which corresponds to the injury  margin. 

5.2.7.  Sacks  and  bags  made  of  polyethylene  or  polypropylene  from  India,  Indonesia  and 

Thailand. 

On 6 October  1997, the Council  imposed  a definitive  anti-dumping  duty on the  imports 
of  the  above  product.  The  proceeding  was  initiated  in  April  1995,  following  a 
complaint  lodged by the European  Association  for  Textile  Polyolefins  (EATP)  and  the 
Commission  imposed  a  provisional  anti-dumping  duty  on  10  January  1997.  In  June 
1997, the provisional anti-dumping duty was extended for a period of three months. 

Dumping 

A  large  number  of  submissions  were  received  following  the  imposition  of  provisional 
measures  in  the  above-mentioned  proceeding.  These  comments  concerned,  amongst 
others,  the  notion  of  sales  in  the  ordinary  course  of  trade.  Dumping  margins  were 
subsequently  recalculated  which resulted in margins ranging from  0% to 36% for  India, 
from 23.5% to 56% for Indonesia and from  13.2% to 60.8% for Thailand. 

Injury  and causation of  injury 

In the absence of any argument concerning  injury  suffered  by the Community  industry, 
the  Council  confirmed  the  injury  findings  of  the  provisional  duty  regulation  and  the 
conclusion  that  the  injury  and  that  this  injury  was  caused  by  low-priced  dumped 
imports of sacks and bags from  India, Indonesia and Thailand. 

44 

Community  interest. 

As  no  new  arguments  were  received  in  connection  with  the  Community  interest 
analysis provisionally  made, the  Council  also considered  that  it was  in the  Community 
interest to impose definitive  measures. 

Measures 

Since  the  injury  margins  were  higher  than  the  dumping  margins  of  all  the  countries 
concerned  in  the  investigation,  the  dumping  margins  were  used  in  order  to  determine 
the level of the definitive  measures. 

On the above basis the Council imposed the following  range of definitive  anti-dumping 
duties  : India  : from 4.3% to 36%, Indonesia  : from 23.5% to 56% and Thailand  : from 
13.2% to 60.8%. 

5.2.8.  Advertising  matches from Japan. 

On  15  October  1997,  the  Council  imposed  a  definitive  anti-dumping  duty  on  the 
imports  of  advertising  matches  originating  in  Japan.  This  proceeding  was  initiated  in 
August  1994 and a provisional duty was imposed on  17 June 1997. 

Dumping 

The  normal  value  was  established  on  the  basis  of  domestic  prices  in  Japan  when  the 
product  concerned  was sold  in  sufficient  quantities  and  in the ordinary  course  of trade. 
When no  sufficient  sales were  made on the domestic market  or when they  were  found 
not to be in the ordinary  course of trade, the normal value was constructed  on the basis 
the manufacturing  cost to which  margins  for  SGA and  a reasonable  profit  were  added. 
Export  prices  were  determined  on  the  basis  of  the  sales  prices  to  the  first  unrelated 
buyers in the Community. To allow for a fair comparison between the normal value and 
the  export  price,  some  allowances  were  made  for  those  factors  which  affect  price 
comparability.  Dumping  margins  thus  established  for  the  four  Japanese  exporters 
ranged from  9.8% to 63.5%. 

Injury  and causation of  injury 

On the  basis  of additional  verifications  on price development,  production  capacity  and 
capacity  utilisation,  cash  flow,  the  segmentation  of  the  market,  the  cost-allocation 
method used by the Community  industry  in the calculations of their costs of production 
and price comparison exercises, the Council confirmed  the provisional  findings  that the 
Community  industry  was  suffering  material  injury  and that  injury  was  caused  by  low-
priced dumped imports from  Japan. 

Community  interest. 

After  the  appreciation  of  all  the  various  interests,  taken  as  a  whole,  the  Council  also 
confirmed  that it was in the Community interest to impose definitive  measures. 

45 

Measures 

For three companies  it was found  that the injury  margins were at a lower  level than  the 
dumping  margin  established.  Consequently,  the  dumping  duty  imposed  on  imports  of 
these  three  companies  corresponded  to  the  injury  elimination-level.  For  one  company 
the  duty  level  corresponded  to  its  dumping  margin  as  this  was  lower  than  the  injury 
threshold  found.  Definitive  anti-dumping  duties  have  thus  been  imposed  at  levels 
between 9.8% and 27.8% with a residual duty of 43.2%. 

;  • 

5.2.9.  Certain footwear  with textile uppers from Indonesia and the People's Republic of China 

In November  1997, definitive  anti-dumping  duties  were  imposed  on  imports  of  certain 
footwear  with  textile  uppers  originating  in  Indonesia  and  the  People's  Republic  of 
China.  Provisional  anti-dumping  measures  had  been  imposed  in  February  1997. 
Following  the  submissions  received  in  reaction  to  the  provisional  measures,  a  certain 
number  of  footwear  types,  among  which  slippers,  were  excluded  from  the  single 
category  of  products  under  consideration 
the  definitive 
determination. 

the  purpose  of 

for 

Dumping 

In view of the number  of exporters  in Indonesia  and the People's  Republic  of  China, a 
sample of exporters was selected  in each  country  with a view to  being  submitted  to  an 
in-depth  investigation. 

In  the  case  of  the  People's  Republic  of  China,  which  was  considered  a  non-market 
economy,  normal  value  was  established  on  the  basis  of  the  situation  in  an  analogue 
country.  Indonesia  was  considered  the  appropriate  choice  and  normal  value  for  the 
People's  Republic  of  China  was  established  by  adding  a reasonable  amount  for  sales, 
general and administrative  expenses and profit  to the manufacturing  cost of each  model 
incurred  by the  Indonesian  producers  for  models  comparable  to  those  exported  by  the 
Chinese exporters. 

The dumping margins  for the  exporters  in the  sample  for  Indonesia  ranged  from  0% to 
24.9%,  with  a  weighted  average  to  be  applied  to  the  other  cooperating  exporters  not 
used  in  the  sample  of  14.2%.  The  residual  dumping  margin,  applicable  to  all  other 
exporters, amounted to 39.7%. 

A  single  dumping  margin  was  calculated  for  the  People's  Republic  of  China.  It 
amounted to 133.2%. 

Injury  and causation of  injury 

It  was  found  that  the  Community  industry  had  suffered  from  material  injury  which 
could  be  shown,  among  other  indicators,  by  a  significant  drop  in  production,  market 
share,  employment  and  a  strong  downward  trend  in  the  profit  rates.  A  number  of 
company closures were also established. 

46 

As  far as  causation  is  concerned,  it was  found  that the  increasing  volume  and market 
share  of  the  dumped  imports  combined  with  their  decreasing  prices  at  undercutting 
levels  coincided with the loss of market share and the price depression  suffered  by the 
Community  industry.  No  other  factor  was  identified  which  could  have  contributed  to 
the injury suffered by the Community industry. 

Community interest 

All  the  various  interests  involved  were  examined,  particularly  the  impact  of  the 
measures  on the  distribution  sector and consumers, together with the  fact  that  leaving 
the Community  industry without adequate protection against unfair competition would 
worsen  the  position  of  this  industry  and  lead  to  its  disappearance  or  relocation.  No 
compelling reasons not to take action against the imports in question came to light. 

Measures 

The  anti-dumping  duty was  based on the  injury  elimination  level  found,  in each  case 
where it was  lower than the dumping margin. The definitive  anti-dumping  duty ranged 
from 0% to  14.1% (residual) for Indonesia, and was 49.2% for the People's Republic of 
China. 

5.2.10.  Seamless pipes  and tubes of iron or non-alloy steel from Hungary, Poland,  Russia,  the 

Czech Republic, Romania and the Slovak Republic 

On  31  August  1996,  the  Commission  initiated  both  an  anti-dumping  proceeding  in 
respect of imports of seamless pipes and tubes of iron or non-alloy  steel  originating in 
Russia, the Czech Republic, Romania and the Slovak Republic and an interim review in 
respect  of  the  same  imports  originating  in  Hungary  and  Poland.  On  29  May  1997 
provisional duties were imposed in the framework of the anti-dumping proceeding. 

On  17  November  1997,  definitive  measures  were  adopted  in  respect  of  all  imports 
concerned by both proceedings. 

Dumping 

As regards countries  subject to provisional  measures, minor adjustments were made in 
order  to  establish  the  definitive  dumping  margins.  For  the  Czech  Republic,  these 
margins varied  between  5.1% and 28.6% and for Romania between  9.8% and 38.2%. 
For the  Slovak  Republic  and Russia, the margins were established  at 7.5% and 26.8% 
respectively. 

For the countries under review, a dumping margin of 36.5% was calculated for the sole 
exporter  existing  in Hungary.  For Poland, margins were  set at 7.1% for  one  company 
and 30.1% for the three other companies. 

47 

Injury  and causation of  injury 

The  examination  of  the  economic  performance  of  the  Community  industry  between 
1992 and August  1996 showed  a decline  in production,  sales volume  and market  share 
as  well  as  a  reduction  in  employment,  despite  considerable  restructuring  efforts 
intended to reduce costs of production. 

These  restructuring  efforts  and  the measures  in force  enabled  the  Community  industry 
to  increase  capacity  utilisation  and  improve  its  financial  results,  which,  however 
remained negative at the end of the period. 

It  was  concluded  that  the  cumulative  effect  of  the  dumped  imports  has,  through 
substantial  price  undercutting  and  significant  quantities  of  such  imports,  caused 
It  is  worthwhile  noting  that  the  injury 
material  injury  to  the  Community  industry. 
caused  by the dumping  suffered  by the Community  industry .could  only  become  worse 
if the measures which apply to certain cumulated imports were to be repealed. 

Community  interest 

The  examination  of  the  Community  interest  led  to  the  conclusion  that  there  were  no 
compelling reasons not to remedy the trade-distorting effects  of injurious  dumping/ 

Measures 

Definitive  duties were imposed at the level of the dumping margins found.  However,  as 
regards  Hungary,  Poland,  the  Czech  Republic,  Romania  and  the  Slovak  Republic, 
undertakings were accepted on a company by company basis allowing the exemption  of 
these  companies  from  the  duty  in  force.  In  view  of  the  change  in  the  form  of  the 
measures, it was found  to be appropriate not to definitively  collect the provisional  anti 
dumping duty. 

5.2.11.  Flat pallets  of wood from Poland 

On 24 November  1997, the Council imposed definitive  anti-dumping  duties on  imports 
of  flat  pallets  of wood  originating  in  Poland.  The  proceeding  had  been  initiated  on  13 
July  1995 and provisional  measures, namely  acceptance  of undertakings  with regard  to 
the  most  important  pallet  type  (EUR-pallet)  and  provisional  duties, had  been  imposed 
by the Commission on 6 June  1997. 

After  due  consideration  had  been  given  to  the  comments  received  from  interested 
parties subsequent to the imposition of provisional measures, the Council confirmed  the 
provisional  findings  with regard to dumping, injury,  causation and community  interest, 
apart from a slight decrease of the dumping margin found for two Polish exporters. 

Thus, the definitive  duties imposed on exports not covered by undertakings accepted  by 
the Commission are: 

a)  Duties  ranging  from  4.0%  to  10.6% for  companies  investigated  as  members  of  the 

sample of Polish exporters: 

48 

b)  Other co-operating but not investigated exporters  : 6.3% 

c)  Residual duty applicable to non-co-operating  exporters  : 10.6% 

The  Council  also  confirmed  the  treatment  granted  to  newcomers,  i.e.  a  duty  of 6.3%, 
instead  of the residual  duty, and exemption  from  any duty  in so far  as the  Commission 
has  accepted  undertakings  from  these  newcomers.  In  fact,  following  the  acceptance  of 
undertakings  on  14  August  1997,  the  Commission  has  accepted  undertakings  from 
additional newcomers on 7 November  1997. 

5.2.12.  Cotton-type bed linen from Egypt, India and Pakistan 

On  5 December  1997, the  Council  imposed  definitive  anti-dumping  duties  on  imports 
of  cotton-type  bed  linen  originating  in  Egypt,  India  and  Pakistan.  Following  the 
imposition  of  provisional  measures  in  June  1997,  many  parties  came  forward  with 
comments  and  representations.  A  high  proportion  of  these  parties  had  not  previously 
come  forward  in  the  investigation.  The  Commission  noted  and  took  appropriate 
account of the representations made in formulating  its proposal for definitive  measures. 

Product concerned 

Products  of  hand  woven  fabrics  were  excluded  from  the  scope  of  the  definitive 
measures.  However,  claims  for  exclusion  of  other  types  of  bed  linen  (eg  for 
institutional use) were rejected  as they were all found to be like products in the meaning 
of Article  1(4) of Regulation (EC) No 384/96. 

Dumping 

The  provisional  findings  of  dumping  were  confirmed.  However,  certain  claims  for 
adjustments  in  the  dumping  margins  led  to  reductions  of  up  to  4%.  The  revised 
dumping  margins  established  ranged  from  8.7%  to  13.5%  for  Egypt,  from  2.6%  to 
24.7%) for India and from  0.1% {de minimis) to 6.7% for  Pakistan. 

Injury  and causation of injury 

The  provisional  finding  of  material  injury  to  the  Community  industry  was  confirmed. 
Various  parties  made  claims  that  in  this  finding  the  Commission  had  wrongly  used 
information  concerning  companies  no  longer  producing  bed  linen,  had  overstated 
undercutting, had wrongly cumulated imports from  the three exporting countries for the 
analysis  of  injury  or  should  not  have  attributed  the  injury  found  to  the  imports 
concerned.  These claims were each examined carefully  but  rejected. 

Community  interest 

Various  representations  were  made  alleging  that  the  effects  of  measures  on  users  and 
consumers  would  be  more  significant  than  estimated  by  the  Commission  in  its 
provisional  findings.  However  these  allegations  were  not  substantiated  and  the 
provisional findings that measures were in the Community  interest were  confirmed. 

49 

Measures 

Since  injury  margins  remained  in  all  cases  higher  than  the  dumping  margins  found, 
definitive  duties  were  imposed  at  the  level  of  the  revised  dumping  margins,  ranging 
from  8.7% to  13.5% for Egypt, from  2.6% to 24.7% for  India and from  0% to 6.7%  for 
Pakistan.  The provisional duties were not definitively  collected. 

6. 

INVESTIGATIONS TERMINATED WITHOUT  MEASURES 

6.1.  Overview 

In  accordance  with  the  provisions  of  the  respective  basic  Regulations,  investigations 
may be terminated  without the imposition  of measures  if a complaint  is withdrawn  or if 
protective  measures  are  unnecessary  (i.e. no  dumping/no  subsidies,  no  injury  resulting 
therefrom,  measures not in the interest of the Community). 

In  1997,  13 new proceedings were, either  entirely  or partly,  i.e. for  certain  countries  or 
certain product types - concluded without measures. This figure  conforms  to the normal 
yearly  rate of terminations. The ratio of investigations  terminated  without  imposition  of 
measures  to  the  total  number  of  new  investigations  concluded  is  around  one  third. 
Details of the investigations  terminated  without  measures  can be found  in Annex D and 
a short summary of each case is given below. 

6.2.  Cases 

6.2.1.  Tapered roller bearings from Japan 

The  notice  of  initiation  of  an  anti-dumping  proceeding  concerning  imports  of  tapered 
roller  bearings  originating  in Japan  was  published  on  2 July  1994. The  complaint  was 
lodged  by  the  Federation  of  European  Bearing  Manufacturers'  Association  (FEBMA), 
on  behalf  of  Community  producers  whose  collective  output  constituted  a  major 
proportion of total Community production of tapered roller bearings (TRBs). 

The  investigation  concluded  that the impact  of the  imports  of TRBs  from  Japan on the 
situation  of the Community  industry  could  not  be classified  material.  Indeed, the  share 
of the Community  market held by imports from  Japan decreased  between  1991 and the 
investigation  period;  it  was  also  found  that  imports  from  Japan  did  not  depress  or 
suppress the prices of the Community  industry. 

The  investigation  also  showed  that  no  material  injury  to  the  Community  industry 
caused  by Japanese  imports  was foreseeable  or  imminent;  therefore  no threat  of  injury 
In  these  circumstances,  the  proceeding  was  terminated  without 
was  found  to  exist. 
imposition of measures on  14 January  1997. 

50 

6.2.2.  Steel  sections  of  iron  or  non-alloy  steel  originating  in  the  Czech  Republic  and  the 

Republic of  Hungary 

The  notice  of  initiation  of  an  anti-dumping  proceeding  concerning  imports  of  certain 
sections of iron or non-alloy steel originating in the Czech Republic and the Republic of 
Hungary  was  published  on  14 July  1995. The  complaint  was  lodged  by  the  European 
Confederation  of Iron and Steel Industries (Eurofer). 

In  the  course  of  the  investigation,  the  complainant  withdrew  the  complaint.  The 
Commission  considered  that  a  termination  in  this  context  would  not  be  against  the 
interest of the Community. 

In these  circumstances,  the proceeding  was terminated  without  imposition  of  measures 
on the  14 January  1997. 

6.2.3.  Portland  cement originating in Romania, Tunisia and Turkey 

The  notice  of initiation  of a regional  anti-dumping  proceeding  concerning  imports  into 
Spain of Portland cement originating in Romania, Tunisia and Turkey was published on 
22  April  1992.  The  complaint  was  lodged  by  Oficemen,  the  national  organisation  of 
Spanish cement producers acting on behalf of all Spanish producers of Portland  cement. 

In the course of the investigation, it was found  that imports of Portland  cement from  the 
above-mentioned  countries  had  not  caused,  or  threatened,  material  injury.  The 
Commission,  therefore,  decided  to terminate  the  proceeding  without  the  imposition  of 
measures and a proposal in this sense was made to the Member States in February  1994. 
The Council decided  in March  1994 not to terminate the proceeding. 

Following  the  Council's  decision,  the  Commission  re-examined  its  findings,  but 
maintained  its  1994  decision,  which  was  presented  once  more  in  mid-1996,  and  this 
time,  the  Council  did  not  oppose  to  the  termination.  In  these  circumstances,  the 
proceeding was terminated without imposition of measures on 7 March  1997. 

6.2.4.  Unwrought, unalloyed zinc from Kazakhstan, Ukraine and  Uzbekistan 

The  notice  of  initiation  of  an  anti-dumping  proceeding  concerning  imports  into  the 
Community  of  unwrought,  unalloyed  zinc  originating  in,  inter  alia,  Kazakhstan, 
Ukraine  and Uzbekistan  was published  on 9 June  1995.  The  complaint  was  lodged by 
Eurométaux on behalf of the Community producers whose collective output  represented 
a major  proportion of the Community production of the product  concerned. 

The investigation  revealed that imports from  these three countries were de minimis (the 
individual  market  shares of these three countries were  less than  1% and their  collective 
market  share  was  less  than  3%)  and  did  not,  therefore,  cause  material  injury  to  the 
Community  industry. 

In these  circumstances, the proceeding  was terminated  without  imposition  of  measures 
on 25 March  1997. 

51 

6.2.5.  Briefcases and schoolbags  originating  in the People's Republic of China 

The  notice  of  initiation  of  an  anti-dumping  proceeding  concerning  imports  of  certain 
briefcases  and schoolbags originating  in the People's Republic of China, was  published 
on  17 April  1996. The  complaint  was  lodged  by the  European  Committee  for  Leather 
Goods Industries (CEDIM) on behalf of Community producers whose collective  output 
represented a major proportion of Community production of briefcase  and schoolbags. 

The complainant  by  letter dated  19 March  1997 formally  withdrew the  complaint.  The 
Commission  considered  that  a  termination  in  this  context  would  not  be  against  the 
interest of the Community. 

In  these  circumstances  the  proceeding  was  terminated  without  the  imposition  of 
measures on  10 June  1997. 

6.2.6.  Synthetic fibre ropes from India 

The notice of initiation of an anti-dumping  proceeding  concerning  imports  of  synthetic 
fibre  ropes  originating  in  India  was  published  on  4  April  1996.  The  complaint  was 
lodged  by the  Liaison  Committee  of  European  Twine, Cordage  and  Netting  Industries 
(EUROCORD),  on  behalf  of  the  Community  producers  whose  collective  output 
constituted a major proportion of total Community production of synthetic fibre ropes. 

In  the  course  of  the  investigation  the  existence  of  dumping  of  the  product  concerned 
from  India was established  and  it was found  that the dumped imports had had a limited 
impact  on the Community  industry.  However,  the overall  situation  of the  Community 
industry  was found  to be mixed,  and  insufficient  information  was provided  concerning 
the profitability  of the Community  industry over the period investigated.  The  injurious 
impact of the dumped imports therefore, could not be considered to be material. 

In the circumstances, the proceeding was terminated without the imposition  of measures 
by a decision published on 25 June 1997. 

6.2.7.  Luggage and travel goods  originating  in the People's Republic of China 

The  notice  of  initiation  of  an  anti-dumping  proceeding  concerning  imports  of  certain 
luggage and travel  goods originating  in the People's  Republic  of China,  was  published 
on  17 April  1996. The  complaint  was  lodged  by  the  European  Committee  for  Leather 
Goods Industries (CEDIM) on behalf of Community producers whose collective  output 
represented a major proportion of Community production of luggage and travel goods. 

In  view  of  the  large  number  of  Community  producers  of  the  product  concerned,  a 
sample of producers  was  selected  for  the examination  of the alleged  injury  suffered  by 
the  Community  industry.  After  the  initial  definition  of the  sample,  its  representativity 
was  seriously  affected  by  the  non-cooperation  of  the  selected  companies,  to  such  an 
extent  that  it  could  not  be  concluded  that  any  data  gathered  from  the  cooperating 
companies reflected  the situation of the entire industry. Efforts  to selected a new sample 
proved  unsuccessful. 

52 

In  the  light  of  the  above  mentioned  and  since  the  Commission  considered  that  a 
termination  in  this  context  would  not  be  against  the  interest  of  the  Community,  the 
proceeding was terminated without the imposition of measures on 2 July 1997. 

6.2.8.  Handbags from the People's Republic of China 

The notice of initiation  of  an anti-dumping  proceeding  concerning  imports  of  certain 
handbags originating in the People's Republic of China, was published on 4 May 1996. 
The complaint  was lodged  by the European  Committee  for  Leather  Goods  Industries 
(CEDIM) on behalf of seven national  federations  and associations of producers in the 
Community.  The products concerned were handbags with outer surface  of leather, of 
plastic sheeting or of textile materials. 

On 1  August  1997, the Council imposed a definitive  anti-dumping duty on the imports 
of leather handbags (see point 5.2.4) and, at the same time, terminated the proceeding 
concerning imports of textile and plastic handbags. 

7. 

REVIEWS OF ANTI-DUMPING AND ANTI-SUBSIDY 

7.1.  Overview 

Anti-dumping  measures, including price undertakings, may be subject,  under the basic 
Regulation,  to  five  different  types  of  reviews:  expiry  reviews  (Art.  11  (2)),  interim 
reviews  (Art.  11 (3)), newcomer  reviews  (Art.  11 (4)), absorption  investigations  (Art. 
12) and circumvention investigations (Art. 13). 

These reviews continue to represent a major part of the work of the Commission's anti 
dumping services. In the period from  1993 to  1997, a total of 114 review investigations 
were initiated. These review investigations represented over 40% of all investigations. 

In  1997, 17 reviews were initiated.  Of these, 7 were interim reviews,  1 circumvention 
review, 1  newcomer review, 6 expiry reviews and 2 absorption reviews. 

Details and results of the review investigations in 1997 can be found in Annexes G to K, 
whilst Table 2 provides statistical information  for the years  1993 - 1997.  More detailed 
information  is given for the absorption and circumvention reviews because these are the 
first  under the new basic Regulation. 

53 

TABLE 2 

Reviews of anti-dumping and anti-subsidy  investigations 

During the period 1 January  1993 -  31 December 1997 

Reviews in progress at the beginning of the 
period 

Reviews opened during the period 

Reviews in progress during the period 

Total reviews concluded during the period 

Reviews in progress at the end of the period 

"&99S| 

%094'^ 

1995;: 

:i9^6] 

1997 > 

30 

20 

24 

34 

50 

22 

52 

30 

22 

17 

37 

13 

24 

26 

50 

16 

34 

32 

66 

16 

50 

17 

67 

28 

39 

7.2.  Expiry reviews 

Art.  11 (2)  of the basic  Regulation  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. 

In  1997,  18  measures  (both  duties  and  undertakings)  were  allowed  to  expire 
automatically  under Art.  11 (2). The references  for these measures are set out in Annex 
M. 

Since the expiry (or "sunset") provision of the basic Regulation came into force  in  1985 
(Art.  15 of the basic regulations No 2176/84 and No 2423/88, Art.  11 (2) of the current 
basic regulation), a total of 288 measures have been allowed to expire automatically. 

Details of the expiry reviews that were initiated or concluded can be found  in Annex G. 

7.3. 

Interim reviews 

Art.  11  (3)  of  the  basic  Regulation  provides  for  the  review  of  measures  during  their 
period of validity on the initiative of the Commission, at the request of a Member  State 
or,  provided  that  at  least  one  year  has  elapsed  since  the  imposition  of  the  definitive 
measure, following  a request containing sufficient  evidence by an exporter, an  importer 
or by the Community producers. 

54 

In  1997, 7 interim reviews were initiated under Art.  11(3) of Council Regulation (EC) 
No 384/96. 

Details of these reviews can be found in Annex H. 

7.4.  Newcomer reviews 

Art. 11 (4) of the basic Regulation allows for a review to be carried out for the purpose 
of  determining  individual  margins  of  dumping  for  new  exporters  in  the  exporting 
country  in  question  which  have  not  exported  the  product  during  the  investigation 
period. 

Such parties  have to show that they are genuine new exporters,  i.e.  that they  are not 
related to any of the exporters or producers in the exporting country, which are subject 
to the anti-dumping measures, and that they have actually  exported to the Community 
following  the  investigation  period  or  that  they  have  entered  into  an  irrevocable 
contractual obligation to export a significant  quantity to the Community  (newcomer or 
new exporter review). 

When a review for a new exporter is initiated, the duties are repealed with regard to that 
exporter, though its imports are made subject to registration under Art. 14 (5) in order to 
ensure that, should the review result in a determination of dumping in respect of such an 
exporter, anti-dumping duties may be levied retroactively to the date of the initiation of 
the review. 

Details of these reviews can be found in Annex I. 

In  1997,  1 newcomer review was initiated. Since the Commission carried out the  first 
review of this type in 1990, a total of 19 investigations have been initiated. 

7.5.  Absorption investigations 

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 
without leading to sufficient  movement in resale prices, was incorporated into the basic 
Regulation  of  1988  under  Article  13(11),  and  is  now  included  in  Article  12  of 
Regulation (EC) No. 384/96. 

In  1997,  the  first  investigation  pursuant  Article  12  of  the  basic  Regulation  was 
concluded and two new investigations were initiated as described below. 

Further details can be found in Annex J. 

55 

7.5.1.  Microwave ovens originating in Korea 

On  18  January  1997,  a  review  investigation  was  initiated  concerning  imports  of 
microwave  ovens  originating  in  the  Republic  of  Korea.  The  complainant  industry 
alleged that, despite the existence  of anti-dumping measures  in the form  of a  minimum 
import price, the injurious  effect  of the dumping had not been removed.  It was  claimed 
that  no  movement,  or  insufficient  movement,  in  resale  prices  or  subsequent  selling 
prices in the Community had occurred subsequent to the imposition of the measures. 

During the course of the investigation, the Community  industry  made a request  so as to 
make  imports  into the  Community  of MWOs subject  to registration.  In June  1997, the 
Commission made the imports of MWOs subject to registration. 

7.5.2.  Ammonium  nitrate originating  in Russia 

On  29  May  1997,  a  review  investigation  was  initiated  concerning  imports  of 
ammonium nitrate originating in Russia.  The complainant industry alleged that,  despite 
the  existence  of  anti-dumping  measures  in  the  form  of  a  minimum  import  price,  the 
injurious  effect  of  the  dumping  had  not  been  removed. 
It  was  claimed  that  no 
movement,  or  insufficient  movement,  in resale  prices  in the  Community  had  occurred 
subsequent to the imposition of the measures. 

7.5.3.  Television camera systems  originating  in Japan 

On  7  October  1997,  the  Council  amended  Regulation  (EC)  No.  1015/94  imposing  a 
definitive  anti-dumping duty on imports of television camera systems (TCS) originating 
in Japan.  This is the first case under the new Article  12 of the basic Regulation of  1996. 

In the course  of the  investigation,  which related to two Japanese  companies  (Sony  and 
Ikegami),  the  Commission  established  that  the  resale  prices  of  the  companies  in  the 
Community  had not moved  sufficiently  after the imposition of the original measures; in 
fact,  they stayed, on a weighted  average basis, below the expected price level by  31.6% 
and  140.6% respectively. 

The  recalculation  of  the  dumping  margins  led  to  the  conclusion  that  the  duty  rates 
should amount to  108.3% and 200.3%. 

During  the  investigation  the  Commission  received  requests  from  several  producers  in 
Japan  to  amend  the  Annex  to  Regulation  (EC)  No.  1015/94  which  contains  a  list  of 
professional  camera  systems  exempted  from  the  application  of  anti-dumping  duties. 
After  consultation  of  the  Community  industry  the  list  of  exempted  cameras  was 
amended. 

56 

7.6.  Circumventibn  investigations 

The  possibility  of  investigations  being  re-opened  in  circumstances  where  evidence  is 
brought to show that anti-dumping measures are being circumvented, was introduced by 
Article  13 of the basic Regulation. 

,, 

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. 
Assembly  operations, whether  in the Community  or a third country, may fall  under this 
definition,  as stipulated  in Art.  13.  According  to this  article, anti-dumping  duties may 
be  extended  to  imports  from  third  countries  of  like  products,  or  parts  thereof,  if 
circumvention is taking place. 

In  1997, the first two investigations pursuant to Article  13 weje concluded, ending with 
an  extension  of  measures  (bicycles  from  China  and  polyester  filament  tow  from 
Belarus), whereas two  other  investigations  relating  to weighing  scales were  terminated 
without extension of measures. 

The details of these investigations are given in Annex K. 

7.6.1.  Extension of duty 

7.6.1,1.  Certain bicycle parts originating in the People's Republic of China 

In January  1997, as a result  of the  circumvention  investigation  initiated  in  1996, the 
Council extended the definitive  anti-dumping  duty  in force  on bicycles originating  in 
the  People's  Republic  of  China  to  imports  of  certain  bicycle  parts  from  the  same 
country. 

Results 

The  investigation  established  that:  i)  between  1992  and  the  investigation  period 
imports of bicycles (in units) had decreased  by more than 98% whereas, for  example, 
imports  of  finished  bicycle  frames,  the  main  bicycle  part  imported  by  assembly 
operations, had  increased  by  more  than  139%; ii) this  change  in  the  pattern  of trade 
had  insufficient  due  cause  or  economic justification  other  than  the  imposition  of  an 
anti-dumping  duty; iii) for five companies their assembly  operations, or their  imports 
of  bicycle  parts  from  China  with  a  view  to  bicycle  assembly,  started  in  or 
substantially  increased  after  1992-1993,  when  the  original  investigation  took  place; 
iv) 60% or more of the total value of the parts used  in the assembly  of these bicycles 
were of Chinese origin; v) the value added in the EC on a per model basis to the parts 
brought in was clearly below the 25% threshold fixed in the Basic Regulation. 

It  was  further  determined  that  the  sales  of  bicycles  assembled  in  the  EC  from  parts 
originating  in  or  consigned  from  China  had  undermined  the  remedial  effects  of  the 
anti-dumping  duty,  both  in terms  of  sales prices  and  quantities.  Dumping  was  found 
to  range  from  16% to  53%, the  normal  value  being  based  on that  established  in  the 
previous investigation (for which Taiwan was the analogue country). 

57 

Measures 

The  anti-dumping  duty  in  force  on  complete  bicycles  (30.6%)  was  extended  to 
essential  bicycle  parts  (certain  frames,  forks,  complete  wheels, handlebars,  gears and 
brakes)  from  China.  In addition,  guidelines  were  laid  down  governing  the  exemption 
from  the extended  duty  of imports of parts found  not to circumvent  the  anti-dumping 
duty in force. 

The exemption  system  provided  for  the direct  exemption  of bicycle  manufacturers  in 
the  EC  by the  Commission,  and  the  indirect  exemption  of  importers  of bicycle  parts 
through the customs surveillance mechanism  of end-use control. 

The  list  of  companies  exempted  was  expanded  in  July  1997.  In  December  1997, 
certain  other  companies,  which  had  either  withdrawn  their  request  for  exemption  or 
had  not cooperated  wiih the Commission,  saw the  suspension  system  enacted  in their 
favour  lifted  and therefore  became liable for payment of the duty. 

7.6.1.2.  Polyester filament  tow from  Belarus 

In  December  1997, as a result  of  a circumvention  investigation  commenced  in April 
1997,  the  Council  extended  definitive  anti-dumping  duties  in  force  with  respect  to 
imports  of  polyester  staple  fibre  ("fibre")  originating  in  Belarus  to  imports  of 
polyester filament  tow ("tow")  from  the same country. 

Results 

The  investigation  by  the  Commission  services  established  that  i)  tow  and  fibre 
imported  from  Belarus  were  like  products  sharing  the  same  basic  characteristics  in 
terms of chemical properties and performance,  as the only difference  between the two 
products  was found  to  consist  of the  simple,  mechanical  cutting  of tow  into  fibre;  ii) 
following  the  imposition  of  anti-dumping  duties  on  fibre  originating  in  Belarus,  a 
change in the pattern of trade took place as imports of fibre from  Belarus were  largely 
substituted  by  imports  of  tow  from  that  country;  iii)  no  sufficient  due  cause  or 
economic justification,  other than avoiding the payment of the anti-dumping  duties in 
force, existed  for the importation  and cutting of tow in the Community  rather than the 
importation  of fibre  already  cut  in Belarus, the  exporting  country;  and  iv)  imports  of 
tow  were  undermining  the  remedial  effects  of  the  anti-dumping  duty  in  terms  of 
quantities and prices and that there was evidence of dumping  in relation to the normal 
values previously  established. 

Measures 

As  it  was  thus  found  that  all  conditions  of  Article  13  (1)  of  the  basic  Regulation 
establishing circumvention  were met, the anti-dumping measures in force with respect 
to  imports  of  fibre  originating  in  Belarus  (43.5%)  were  extended  to  imports  of  tow 
from  that  country.  This  extended  duty  was  also  imposed  on  imports  of  tow  from 
Belarus  which  entered  the  Community  under  registration  provided  for  by  the 
Commission Regulation initiating the circumvention  investigation. 

58 

7.6.2.  Terminations 

7.6.2.1.  Electronic Weighing Scales (assembly in Indonesia -  TEC) 

On  30  May  1997,  the  Commission  terminated  the  investigation  concerning  the 
alleged  circumvention  of  definitive  anti-dumping  measures  on  imports  of  certain 
retail electronic weighing  scales (REWS) originating  in Japan by imports of the same 
product  assembled  in/or  transhipped  through  Indonesia  by  TEC  Corporation.  This 
investigation  was  opened  on  29  August  1996  following  a  request  lodged  by 
Community producers accounting for around 65% of the total Community  production 
of REWS. 

The  investigation  established  that  TEC  Corporation  (Japan)  assembled  REWS  in 
Indonesia through its subsidiary, TEC Indonesia, and that a considerable part of those 
REWS were exported to the Community. 

As regards the conditions of Article  13 (2) of the  basic  anti-dumping  Regulation, the 
investigation had led to the following  conclusions : 

(i)  The assembly of TEC REWS by TEC Indonesia  started after  the initiation of the 
anti-dumping  investigation that led to the imposition of the original measures. 

(ii)  The  weighted  average  value  of  parts  of  Japanese  origin  incorporated  into  the 
TEC REWS assembled by TEC Indonesia and sold to the Community  during the 
investigation  period  was  found  to  exceed  60%  total  value  of  the  parts  of  the 
assembled  product.  However, during  the  investigation  period  there appeared  to 
have been a significant  reduction of the value of parts of Japanese origin. 

Although, as a rule, the situation during the whole period of investigation is used 
as a basis for the decision on whether measures are to be taken, the  Commission 
took  into  consideration  in  this  case  the  very  substantial  decrease  of  the 
percentage  of Japanese  parts  that  occurred  towards  the  end  of  the  investigation 
period, that the production  of an important  part  for  incorporation  in REWS had 
been  transferred  to  Indonesia,  and  that  the  decrease  in  percentage  of  Japanese 
parts used in REWS assembled by TEC Indonesia is likely to be maintained  as it 
results  from  a change  in the production  pattern  which  would  be uneconomic  to 
reverse. 

(iii)  The weighted average value added brought  in to the parts used  for the assembly 
of  the  REWS  exported  to  the  Community  by  TEC  Indonesia  was  found  to  be 
low and considerably under the 25% threshold. 

On  the  basis  of  the  above  findings,  the  investigation  was  terminated  without 
extending the anti-dumping measures. 

59 

7.6.2.2.  Electronic Weighing  Scales (assembly  in the Community - Teraoka-Digi) 

On  30  May  1997,  the  Commission  terminated  the  investigation  concerning  the 
alleged  circumvention  of  definitive  anti-dumping  measures  imposed  on  imports  of 
certain  retail  electronic  weighing  scales  (REWS)  originating  in  Japan  by  imports  of 
parts and  subsequent  assembly  production  in the Community.  The  investigation  was 
opened  on  29  August  1996  following  a  request  lodged  by  Community  producers 
accounting for around 65% of the total Community production of REWS. 

The  investigation  revealed  that  the  assembly  operation  was  considerably  more 
complex  than  the  screwdriver-type  assembly  operation  suggested  by  the  complaint. 
Indeed, the  Commission  services  found  that  the assembly  operation  consisted  in  fact 
of  an  interplay  between  three  related  companies  established  in  the  Netherlands:  the 
actual  assembler  (Keylard), a factory  of printed  circuit  boards (CTW)  and a  finishing 
operation,  in  terms  of  hardware  and  software  (Digi  Nederiand).  These  companies 
were  found  to  be  operationally  interdependent  and  fully  integrated  companies, 
forming  a single economic entity. 

It was established  that the value added  in the Netherlands by Keylard,  CTW and Digi 
Nederiand  exceeded  the threshold  of 25% of the manufacturing  cost  of Article  13 (2) 
(b) of the Basic AD Regulation. 

On  the  basis  of  the  above  findings,  the  investigation  was  terminated  without 
extending the anti-dumping measures. 

8. 

SUSPENSION  OF  MEASURES 

Art.  14(4)  of  the  basic  Regulation  provides  for  the  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  1997, there were no further  suspensions. 

9.  MONITORING  OF  UNDERTAKINGS 

Undertakings  are  accepted  by  the  Commission  only  where  it  is  found  that  such  a  measure 
eliminates the injurious  effects  of dumping. Another pre-condition  for accepting undertakings is 
that  they  can  be  effectively  monitored.  In  line  with  the  Declaration  of  the  Essen  Summit  of 
November  1994,  the  possibility  of  concluding  an  anti-dumping  investigation  by  accepting 
undertakings  instead  of  imposing  duties  has to be examined  in all  cases  involving  countries  of 
Central  and  Eastern  Europe.  Normally,  undertakings  are  underpinned  by  definitive  (residual) 
duties for (non-cooperating) exporters for whom no undertaking was accepted. 

60 

In  1997, undertakings  in  relation  to  two  cases  were  under  review  (hematite  pig  iron  from  the 
Czech  Republic  and  Ferro-Silico-Manganese  from  Ukraine).  During  the  same  period,  5 
proceedings  have  been  concluded  with  the  acceptance  of  undertakings  (Lighters  from  Mexico, 
Philippines  and  Thailand;  Salmon  from  Norway;  Zinc  from  Poland;  Seamless  pipes  and  tubes 
from  Czech  Republic, Hungary,  Poland,  Romania,  and  Slovak  Republic;  Wooden  Pallets  from 
Poland) involving about 245 companies in the exporting countries. 

This  brings  the  total  number  of  companies  from  which  undertakings  have  been  accepted  to 
about 270. The undertakings which the Commission  is monitoring  covered  14 different  products 
from  16 countries. 

According  to  its practice, the Commission  continuously  monitors  the undertakings  on the  basis 
of the quarterly  or half-yearly  undertaking  reports  it receives.  The  Commission  conducted  on-
the-spot  verifications  at  the  premises  of  25  companies.  Given  the  very  high  number  of  parties 
involved  (190)  and  the  price  sensitivity  of  the  product  concerned*  in  particular  during  the 
Christmas  period,  particular  attention  was  paid  to  an  effective  monitoring  of  the  Salmon 
undertakings.  This  resulted  in  provisional  duties  being  imposed  in  December  1997,  on  29 
Norwegian  exporters  because  the  Commission  had  reasons  to  believe  that  these  exporters  had 
either violated the minimum price obligation of their undertakings or their reporting  obligation. 

10.  REFUNDS 

During  1997,  one  partial  refund  decision  concerning  Large  Aluminium  Electrolitic  Capacitors 
from  Japan was adopted by the Commission and notified  to the importer  concerned. 

In  addition,  refund  applications  concerning  a  dozen  other  products  and  origins  (artificial 
corundum  from  China, ball bearings from  Thailand  and Japan, cabled polyester  yarn and textured 
filament polyester yarn from  Indonesia, cotton yarn from  Turkey, DRAMs from  Japan and Korea, 
iron  and  steel  sheets  from  the  Former  Republic  of  Yugoslavia,  photocopiers  from  Japan, 
polyolefin  sacks from  China, silicon metal and ferro  silicon from  Brazil) were investigated  during 
1997.  It is expected that a number of these cases will be finalised  during  1998. 

11.  COURT  OF JUSTICE /  COURT  OF FIRST INSTANCE 

11.1.  Overview 

In  1997, judgments  or  orders  concerning  anti-dumping  cases  were rendered  in nine  cases 
(five by the Court of First Instance, including one joint judgment in cases T-l 59/94 and T-
160/94, and four by the Court of Justice), summaries of which are given below (except  for 
one  withdrawal,  in  case  T-l92/95,  and  one  cancellation,  in  case  C-322/96).  In  all  these 
cases,  the  Courts  followed  the  pleas  of the  Community  Institutions.  In  addition,  13 new 
cases were  lodged  and  at the end  of  1997, 9 cases dating  from  1996 and earlier  were  still 
pending at the Court of Justice and at the Court of First Instance. 

61 

11.2.  New cases 

During  1997,  13 new cases were brought before  the Court of First Instance. These concern 
the assessment of the like product10, the establishment of the existence of material  injury11, 
the  assessment  of  the  Community  interest12,  the  statement  of  reasons  as  required  by 
Article  190  of  the  EC  treaty13,  the  application  of  Article  13  on  circumvention  of  the 
Council  Regulation  (EC)  N°3 84/96M,  the  extension  of  the  duty  to  parts  of  the  product 
concerned15, the status and rights of interested parties16, the determination  of normal  value 
and/or  the  export  price17,  the  time  limits18,  the  initiation  of  an  investigation19  and  the 
power of the Council20. 

11.3.  Cases  pending 

A  list  of  the  anti-dumping  cases  before  the  Court  of  Justice  and  the  Court  of  First 
Instance  still  pending  at  the  end  of  1997  is given  in  Annex N  (there  is no  anti-subsidy 
pending  case). This  list  shows  a total  of 22 cases, of which 21 were  before  the  Court  of 
First  Instance  and  1 before  the  Court  of  Justice  concerning  an  appeal  lodged  against  a 
judgment of the Court of First Instance. 

10  Case T-73/97, OJ C166, 31.05.97, p.17; Case T-598/97, OJ C 55, 20.02.98, p.30. 
1 !  Case T-73/97, OJ C166, 31.05.97, p. 17; Case T-597/97, OJ C 72, 07.03.98, p. 17; Case T-598/97, OJ C 55, 20.02.98, 

p.30. 

12  Case T-73/97, OJ C166, 31.05.97, p.17; Case T-598/97, OJ C 55, 20.02.98, p.30. 
13  Case T-73/97, OJ C166, 31.05.97, p.17; Case T-80/97, OJ C212,  12.07.97, p.27; Case T-171/97, OJ C252,  16.08.97, 
p.33;  Case  T-213/97,  OJ  C318,  18.10.97, p.23; Case  T-267/97,  OJ  C370, 06.12.97, p.99; Case  T-598/97,  OJ  C 55, 
20.02.98, p.30; Case T-599/97, OJ C55, 20.02.98, p.31. 

14  Case T-74/97, OJ C166, 31.05.95, p.18; Case T-75/97, OJ C166, 31.05.95, p.18. 
15  Case T-80/97, OJ C212,  12.07.97, p.27 
16  Case T-84/97, OJ  C181, 14.06.97, p.16; Case T-256/97,  OJ C7,  10.01.98, p.21; Case T-147/97, OJ C199, 28.06.97, 
p.39; Case  T-213/97,  OJ  C318,  18.10.97, p.23; Case  T-597/97,  OJ  C 72, 07.03.98, p.17; Case  T-171/97,  OJ C252, 
16.08.97, p.33; Case T-599/97, OJ C55, 20.02.98, p.31. 

17  Case T-597/97, OJ C 72, 07.03.98, p.17; Case T-599/97, OJ C55, 20.02.98, p.31 
18  Case T-245/97, OJ C357, 22.11.97, p.30; Case T-597/97, OJ C 72, 07.03.98, p.17 
19 
20 

Case T-267/97, OJ C370, 06.12.97, p.99 

Case T-213/97, OJC318,  18.10.97, p.23 

62 

11.4.  Judgments  and orders rendered 

11.4.1.  Court of Justice 

11.4.1.1.  Potassium  permanganate  from  the People's  Republic  of China  : Judgment  of 29 May 

! 99721 

Case  C-26/96, preliminary  ruling  in the proceeding  pending  before  Finanzgericht 
Hamburg between Rotexchemie andHauptzollant  Hamburg-Waltershofi 

The reference  to the Court resulted  from  a proceeding  before  a German  Court,  which 
had  been  brought  by  Rotexchemie,  an  importer  of  potassium  permanganate. 
Rotexchemie  had  raised  objections  against  the  application  of  the  anti-dumping 
Regulation  imposing  definitive  duties  on  its  imports  from  the  People's  Republic  of 
China,  considered  as  a  state-trading  country.  The  United  States  was  the  reference 
country  selected  in  the  administrative  proceeding.  The  applicant  considered  this 
country  to  be  an  inappropriate  choice  and  claimed  that  the  Council  had  made  a 
manifest  error  of  appraisal  by  not  considering  alternative  markets.  The  reasons 
brought  forward  by  the  Applicant  were  that  the  U.S  market  for  potassium 
permanganate has only one producer  and that it is shielded  from  competition  because 
an  anti-dumping  duty  was  imposed  on  imports  of  the  product  concerned  from  the 
People's  Republic  of  China.  In  the  opinion  of  the  Applicant,  the  consequences  of 
these  factors  were  that the prices  charged  in the  United  States  were  not  the  result  of 
normal  market  forces.  Therefore  the  inflated  normal  value  led  to  an artificially  high 
dumping margin. 

The  Court  ruled  :  the  choice  of  the  appropriate  reference  country  falls  within  the 
discretion  enjoyed  by  the  Institutions  when  analysing  complex  economic  situations, 
In  the  present 
even  though  this  exercise  is  not  exempted  from  judicial  review. 
circumstances, the Community  Institutions  cannot  be criticised  for  not  carrying  out a 
thorough  examination  of  other  potential  reference  countries.  It  is  not  necessary  to 
assess every possible reference  country. 

As regards the situation on the U.S. market, the Court considered that the prices in the 
reference  country  can result from  market  forces,  even if there  is only one producer  in 
that country.  This conclusion followed  from  the analysis of the competitive  structure 
of  the  market  in  the  reference  country,  which  was  faced  with  imports  from  other 
countries. 

21  OJC212,  12.07.97 

63 

11.4.1.2.  Cotton yarn from  Brazil and Turkey  : Judgment of 29 May of 199722 

Case  C-93/96  , preliminary  ruling  in the proceeding  pending  before  the  Supremo 
Tribunal  Administrative between Industria  e Comércio  Têxtil  (ICT) and  Fàzenda 
Publica. 

The Court proceeding concerned the interpretation of a provision stating that the  "free 
at  Community  frontier  price"  subject  to the  duty  is  to  be  increased  by  1%  for  each 
further  month by which the period for payment exceeds 30 days.  In this  proceeding, 
the question was how to determine the "free  at Community  frontier  price", when this 
price  included  financial  charges for a deferred  payment terms granted  by the  seller to 
the buyer. 

The Court's response was that the increase  should be applied whenever  it was  agreed 
that  imported  goods  were  to  be paid  for  more  than  30  days  after  their  arrival  at  the 
Community  customs. The  Court  noted however that the increase  should  be  based  on 
the price actually paid or payable, excluding charges for interest, provided those terms 
are  the  subject  of  a "financing  arrangement"  within  the  meaning  of  the  Community 
customs legislation and the level of the charges reflects  current prevailing rates. 

11.4.1.3.  Paint  brushes  from  the  People's  Republic  of  China  : Judgment  of  16  September  of 

I99723 

Case  C-362/95P,  Appeal  against  the  Judgment  in  case  T-l68/94,  Blackspur  DIY 
and others v Council and Commission. 

In this proceeding,  Blackspur  DIY and its shareholders, asked the  Court to  annul  the 
judgment  of the  Court  of First  Instance  (Judgment  of  18 September  of  1995, case T-
168/94) which rejected  their claim for damages (based on Articles  178 and 215 of the 
EC Treaty). 

As mentioned  in earlier reports to the European  Parliament, the Regulation  imposing 
a  definitive  anti-dumping  duty  on paint brushes  originating  in the  People's  Republic 
of China was declared  to be invalid by the Court in  1991 since the reference  country 
for  China  was  not  established  in  an  appropriate  way.  Following  this  judgment, 
Blackspur DIY had lodged a claim for damages, which was dismissed  by the Court of 
First Instance. 

The  Court  of  Justice  confirmed  that  the  Court  of  First  Instance  had  correctly 
concluded  that  the  appellant  did  not  prove  the  alleged  causal  link  between  the 
bankruptcy of the appelant and illegal imposition of the anti-dumping duties. 

22  OJC212,  12.07.97 
23  OJC331,  01.11.97 

64 

11.4.1.4.  Plates of iron and steel from  Yugoslavia  : Judgment of  16 October of  199724 

Case  C-177/96,  preliminary  ruling  in  the  proceeding  pending  before 
the 
Rechtbank van Eerste Aanleg te Antwerpen  (Belgium) between Belgian State and 
Banque Indosuez and Others, European Community. 

The  reference  to  the  Court  resulted  from  a proceeding  before  a Belgian  Court.  This 
national  court  asked  whether  the  anti-dumping  duties  imposed  by  a  Commission 
Decision on imports of certain steel products originating in Yugoslavia also applied to 
the  same  product  manufactured  by  a producer/exporter  who  had  been  established  in 
Yugoslavia,  but  due  to  the  declaration  of  independence  of  FYROM  (Former 
Yugoslav  Republic  of  Macedonia), was  in fact  situated  in FYROM  at the time  when 
the products were imported. 

In its decision, the Court  of Justice took  into account the wording  of the provision  in 
the  anti-dumping  Regulation,  its  context  and  its  aims.  In  this  respect,  the  Court 
considered  that  a  change  in  the  name  of  the  originating  country  does  not  have  any 
impact  on  the  economic  purpose  of  the  imposed  duty.  Therefore,  the  Court's 
response  was  that  the  anti-dumping  duty  imposed  on  the  products  concerned  also 
applied to the imports from  FYROM. 

11.4.2.  Co urt of First Instance 

11.4.2.1.  Unbleached  cotton  fabrics  from  Egypt,  Indonesia,  Pakistan,  Turkey  and  the  People's 

Republic of China : Order of 2 October of  199725 

Case T-213/97R, Eurocoton v. Council. 

By  an  application  lodged  on  18  July  1997,  Eurocoton  brought  an  action  under 
Articles  173 and  174 of the EC Treaty for annulment of the Council decision to  reject 
the  Commission  proposal  to  impose  measures  against  imports  of  unbleached  cotton 
fabrics,  and,  under  Articles  178  and  215  of  the  EC  Treaty,  for  damages  caused  to 
Eurocoton by that decision.  On the same day, Eurocoton lodged an action for  interim 
measures. 

The action for  interim measures was dismissed  by the Court for lack of urgency.  The 
Court considered that, in accordance with established caselaw, the urgency for  interim 
measures  had  to  be  assessed  with  respect  to  the  necessity  to  prevent  serious  and 
irreparable damage to the applicant.  The applicant did not prove that it could not wait 
for the result of the main proceedings without suffering  any damage. 

The main proceeding will be decided at a later stage. 

24  OJC357, 22.11.97 
25  OJC370,  06.12.97 

65 

11.4.2.2.  Cement from Turkey, Romania and Tunisia  : Judgment of  10 July of  199726 

Case T-212/95, Oficenem  v. Commission. 

In  March  1994,  the  Council  unanimously  overturned  a  Commission  decision  to 
terminate  a  proceeding  on  Portland  cement  originating  in  Romania,  Tunisia  and 
Turkey.  It was argued  that the  determination  of the  existence  of material  injury  was 
not  fulfilled.  At  the  relevant  time,  the  rules  applicable  to  dumping  were  set  out  in 
Council  Regulation  (EEC) N°2423/88  of  11 July  of  1988.  The  Commission,  being 
unable to reverse  its conclusions and to formulate  a different  proposal  to the  Council, 
attempted  to  find  other  solutions  through  discussions  with  the  countries  concerned. 
These  discussions  proved  unsuccessful  and  the  matter  was  left  unresolved.  Being 
dissatisfied  with this outcome, the  Community  industry  (Oficemen)  decided  to  lodge 
In  May  1996,  the 
an  application  against  the  Commission  in  November  1995. 
Commission  finally  sent  a  new  proposal  for  termination  without  the  imposition  of 
duty  to  the  Advisory  Committee.  After  objections  had  been  raised  within  the 
Advisory  Committee about this proposal, the Council did not decide otherwise  within 
one  month.  Therefore,  a  Decision  of the  Commission  terminating  the  anti-dumping 
proceeding was published. 

The  Applicant  claimed  that  the  Commission  made  a  wrong  decision  because  of  an 
incorrect  appreciation  of  the  facts:  the  Commission  should  have  come  to  the 
conclusion that injury  had indeed occurred.  It also claimed that there was an  inaction 
on  the  part  of  the  Commission  (subsequent  to  the  rejection  of  its  proposal  by  the 
Council), by  failing  to present  a proposal  to the  Council  which  would  have  lead  to a 
conclusion of the investigation by the adoption of anti-dumping measures. 

On the first issue, the Court  of First Instance decided that  in fact  no Decision  existed 
which could be challenged  before  the  Court,  since the  "decision" of the  Commission 
was only an intermediary  step in the decision-making process, which also consisted of 
the consultation  of the Advisory  Committee  and a potential  vote in the  Council.  The 
claim for annulment based on Article  173 was therefore  dismissed as inadmissible. 

On the second  issue, concerning the point  of inaction, the action  was held  admissible 
since  at  the  time  of  lodging,  the  Commission  had  not  acted.  However,  the  new 
termination  proposal  by  the  Commission  forwarded  in May  1996 was  considered  by 
the Court of First Instance to be an act of the Commission.  Consequently, the  appeal 
on the  grounds  of  inaction  became  irrelevant  and the  Court  of First  Instance  did  not 
provide any judgment  on this point. 

26  OJC252,  16.08.97 

66 

11.4.2.3.  Bicycles from the People's Republic of China  : Judgment of 25 September of  199727 

- Case T-l70/94, Shanghai Bicycle Corp. v.  Council. 

By  Regulation  (EEC)  No  2474/93  the  Council  imposed  definitive  anti-dumping 
duties on imports of bicycles originating in the People's Republic of China.  Shanghai 
Bicycle  Corporation,  one  of  the  largest  Chinese  producers  and  exporters,  was  of  the 
opinion  that  the  "definitive  duty  regulation"  was  not  in  line  with  the  Basic  Anti 
dumping  Regulation  N°2423/88  of  11  July  of  1988  and  lodged  an  application  for 
annulment. 

Five  pleas  were  raised  by  Shanghai  Bicycles,  which  were  dismissed  by  the  Court. 
Concerning  the first plea, the  error  in defining  "like  product",  the  Court  stressed  that 
the  Community  institutions  were entitled  to treat  all  bicycles  as a single  like  product 
irrespective of existing sub-categories. 

Concerning  the  second  plea,  the  improper  sampling  technique,  the  Court  confirmed 
institutions  for  the 
that  the  sampling  techniques  applied  by  the  Community 
calculation  of the  export  price  are  in  line  with  Article  2(13)  of the  Basic  Regulation 
2423/8828.  In particular,  the  companies  were  selected  taking  into account  the  degree 
to which they are representative in terms of exports to the Community. 

Concerning  the third  plea,  the  refusal  to  grant  individual  treatment  to  the  Applicant, 
the  Court  stated  that,  in  the  circumstances  of  the  specific  case,  the  Community 
institutions were not under any obligation to grant individual  treatment because in the 
People's  Republic  of  China  it was  extremely  difficult  to  establish  whether  a Chinese 
company really was independent of the State. 

Concerning  the  fourth  plea,  the  refusal  to  disclose  the  method  of  calculation,  the 
Court  ruled  that  the  non-confidential  information  supplied  by  the  Commission  was 
adequate  and  that  the  Commission  was  not  under  any  obligation  to  communicate 
information  relating to companies not used in the sample. 

Finally,  concerning the  fifth  plea, the method  of calculation  of the dumping  margins, 
the  Court  confirmed  the  Commission's  practice  to  include  the  non-cooperating 
exporters in the dumping calculation for the non market economy  country. 

27  OJC357, 22.11.97 
2^  Please  note that the criteria  for  sampling  have  been  changed.  Article  17 of  Regulation  384/96  provides  i.a. that "the 
investigation  may  be  limited  to a reasonable  number  of parties, products  or transactions  by using samples which  are 
statistically  valid  on the basis of information  available at the time of the selection  (...)". 

67 

11.4.2.4.  Aspartam from  Japan and the United States : Judgment of  18 December of  199729 

- Case T-l59/94 Ajinomoto  v. Council, and case T-l60/94, Nutrasweet  v. Council. 

By Regulation (EEC) N° 1391/91, the Council imposed a definitive  anti-dumping  duty 
on  aspartame  originating  in  Japan  and  U.S.A..  The  two  applicants  advanced  several 
arguments for the annulment of the contested  Regulation. 

In  its  judgment,  the  Court  of  First  Instance  rejected  all  pleas  put  forward  by  the 
applicants  and  confirmed  that the rights of the  interested  parties  to  be  well  informed 
should  not be  implemented  to the detriment  of the need  to respect  the  confidentiality 
of  business  secrets,  and  that  the  Community  institutions  have  a  wide  margin  of 
appreciation  when  they  determine  injury  and  the  existence  of  a  causal  link  with  the 
dumped imports. 

The Court also stated  in its judgment that the determination of the normal value based 
on  patent-protected  prices  was  not  a  mistake  in  the  sense  that  the  patent  did  not 
determine  as  such  the  domestic  price  level.  Moreover,  the  fact  that  a  patent  holder 
practised  freely  higher  domestic  prices  than  export  ones,  did  not  mean  that  this 
difference  in  prices  should  escape  from  duty  since  it  led  to  material  injury.  In  the 
light  of the  above  considerations  and  concerning  one  of the  pleas  brought  separately 
by  the  Japanese  applicant  Ajinomoto,  the  Court  considered  that  the  prices  in  the 
country of origin (i.e. Japan) were not a good choice in the present case due to the  fact 
that the  aspartame  sold  by Ajinomoto  was not  directly  imported  into the  Community 
but was transformed  and repackaged  into an intermediate  country  (the United  States). 
Therefore, the Court considered that the Community  institutions  correctly  determined 
the normal value on the basis of the price paid or payable on the U.S market, and that 
it was not  suitable  to base the normal value on export  prices  to third  countries  or, as 
proposed by the applicant, on the constructed value. 

11.4.2.5.  Urea from  Russia  : Judgment of  17 December of  199730 

- Case T-l21/95 Eftna v. Council. 

By  Regulation  (EC)  No  477795,  the  Council  amended  the  anti-dumping  measures 
applicable  to  imports  of  urea  originating  in  Russia.  The  European  Fertiliser 
Manufacturers  Association  (EFMA)  considered 
the  new  measures  were 
insufficient  to  protect  Community  industry  and  lodged  an  application  for  annulment 
of the regulation. 

that 

2^  Not yet published 
30  Not yet published 

68 

Regarding  the first issue, the  quality  adjustment,  the  Court confirmed  the  findings  of 
the Council.  An adjustment  was appropriate  since urea exported  from  Russia  tended 
to  deteriorate  during  transport  and  because  security  of  supply  from  Russia  was  not 
always  ensured.  The  Court  also  confirmed  that  the  Council  had  not  made  any 
obvious  error  when  determining  the  precise  level  of  adjustment  for  the  quality 
difference  in the amount of  10 %.  The reasoning  of the Court  is that the  Community 
institutions  did not have any  better  source  of  information  at their  disposal  other  than 
the  estimates  of the  importers  and  Community  producers  and  were  therefore  entitled 
to rely on these estimates. 

Regarding  the  second  issue,  the  target  profit  for  the  Community  industry,  the  Court 
upheld  the  level  established  by  the  Community  institutions  (5  %). The  Court  stated 
that the Applicant had  submitted  a report calling  for  a higher profit  margin only  after 
the  court  proceeding  had  been  launched.  According  to the  Court,  this  was  too  late. 
The  Court  also  rejected  the  Applicant's  argument  that  its right to  a  fair  hearing  was 
infringed  since  it  was  informed  during  the  administrative  proceeding  that  the  claim 
for a higher profit  margin was not sufficiently  substantiated. 

12.  ANTI-DUMPING  AND  ANTI-SUBSIDY  INVESTIGATIONS  OF  THIRD  COUNTRIES  CONCERNING 

IMPORTS FROM EU  MEMBER  STATES 

In  1997, seven  countries  carried  out  countervailing  duties  (CVD)  investigations  involving  EU 
Member  States,  while  fourteen  countries  conducted  anti-dumping  investigations.  Add  to  that 
four  countries  carrying  out  safeguard  investigations,  and  it  can  be  seen  that  the  use  of  trade 
defense remedies is spreading at an alarming rate following  the Uruguay Round. 

The Commission's  "pro-active" approach in these cases has led to increasing intervention  vis-à-
vis national investigating bodies. 

The  Commission  will  pursue  violations  of  the  WTO  Agreements  (e.g.  USA's  CVD  on  leaded 
bar from  the U.K., Israel's time limit violations, Argentina's CVD on wheat gluten).. 

However,  many  of  the  EU  companies,  not  used  to  being  involved  in  investigations,  do  not 
always  seem  to understand  the  benefits  of  co-operating  with the  investigating  authorities.  It is 
therefore  very difficult  for the Commission to intervene in cases of non-co-operation. 

The  Commission  is  ready  to  assist  Member  States  and  companies  which  are  involved  in  an 
investigation.  Nevertheless,  it  is  for  companies  to  defend  their  own  interests  by  co-operating 
and, if necessary, hiring  legal representation.  The benefits  of such co-operation  can be  seen  in 
the cases described in this report. 

69 

12.1.  Anti-dumping  and anti-subsidy cases against EU Member States 

12.1.1.  USA 

12.1.1.1.  Pasta from  Italy 

Definitive  duties  were  imposed  in  July  1996. CVD's  range  from  1.21%  to  11.23%; 
the  average  CVD  is  3.85%.  On  the  other  hand,  anti-dumping  duties  range  from 
1.68% to 46.67%. The average AD duty is 11.26%. 

In September  1997, the first administrative reviews were initiated. 

12.1.1.2.  Lead and Bismuth Steel from the UK 

On 6 October  1997, the Department  of  Commerce  (DOC) imposed  a CVD of  7.35% 
on both British Steel and UES following  British Steel's repurchase of UES in 1995. 

In May  1997, a further  administrative  review was initiated, covering  imports made in 
the  year  1996.  On  2  December  1997,  a  preliminary  CVD  rate  of  5.28%  was 
established.  In this  review,  the  Commission  requested  green-light  treatment  for  the 
BRITE-EURAM  R&D  program.  DOC,  unable  to  find  a reason  to  reject  the  green-
light claim, has instead chosen to dismiss the benefit  from  the program as de-minimis. 

During  the  proceeding,  British  Steel  has  continued  to  dispute  the  DOC s  assertion 
that  pre-privatization  subsidies  are  "passed  through"  to  the  new  owners  of  the 
It  has  now  approached  the  UK  authorities  on  this  matter,  and  the 
company. 
Commission has been asked to request dispute settlement with the USA. 

12.1.1.3.  Carbon Steel Wire Rod from,  inter alia, Germany 

On  18 March  1997, DOC initiated  a combined  anti-dumping  and  countervailing  case 
against  carbon  steel  wire  rod  from  a  number  of  countries  including  Germany. 
Allegations  on  subsidies  principally  related  to  debt  forgiveness,  restructuring  aid, 
ECSC aid and to various regional subsidies to the former East Germany. 

On  22  October  1997,  the  US  established  subsidy  amounts  of  between  5.6%  and 
17.7%.  The  German  Government  and  the  Commission  argued  that  regional  aid  to 
former  East  Germany  was  non  actionable  (green).  DOC,  as  in  the  above  lead  and 
bismuth steel case, avoided having to make a green-light  determination, by taking the 
de-minimis  route.  The  DOC  also  found  that  certain  pre-unification  aid  was  non-
countervailable. 

On  19  November  1997,  the  ITC  made  a  negative  injury  finding  and  so  no  CVD 
measures were taken in this case. 

70 

12.1.1.4.  Stainless Steel Wire Rod from  Italy (initiated on  19.08.1997) 

Following  Article  13.1  consultations  held  in  Washington  on  13 August  1997,  DOC 
decided not to investigate 9 of the 43 programs alleged  in the complaint. 

The  "pass-through"  effect  is a big  issue  in this  case.  The  three  Italian  exporters  are' 
now privately  owned,  but most  of the  alleged  subsidies  related  to  the period  of  state 
ownership of the same production  units; this also causes  significant  difficulties  in the 
collection of the information  requested by DOC. 

Provisional countervailing duties were imposed on 29.12.97. 

12.1.1.5.  Certain steel from  Belgium (review initiated in  1997) 

The review period is the calendar year  1996. 

12.1.1.6.  Rayon staple fibre from  Sweden 

On  30  May  1997,  DOC  made  a  preliminary  finding  of  zero  subsidy  in  an 
administrative review covering the period January-December  1995. 

12.1.2.  Canada 

On  13 May  1996, the Canadian International Trade Tribunal  (CITT) had made a finding 
of  no  injury  in  the  anti-dumping  and  countervailing  investigations  concerning  pasta 
from  Italy and therefore  the cases were terminated  without measures. The  complainants 
then  appealed  against  CITT's  decision  and  on  31  January  1997  the  Federal  Court 
remanded  the  case  to  CITT.  On  31  May  1997,  the  CITT  confirmed  the  no  injury 
finding. 

12.1.3.  Israel 

On  26  July  1995,  the  Commission  was  notified  by  Israel  of  countervailing  duty 
complaints  concerning  imports  of  pasta  from  Italy  and  baked  goods  from  several  EC 
Member States. 

The  investigation  concerning  baked  goods  (CVD  only)  was  opened  on  14  September 
1995.  Israel  has  indicated  that  it  is  likely  to  reject  the  complaint  in  view  of  lack  of 
injury. 

On pasta, the  investigations  (CVD and anti-dumping)  were  opened  on  1 October  1995. 
With  regard  to the  CVD  case  the  complainant  has  evidently  copied  the  US  complaint. 
Many of the Community and Italian regional aid programs are green and therefore  non-
actionable. 

71 

No  formal  decision  has  been  taken  in either  case  and  it  has  been  pointed  out  to  Israel 
that  their  investigations  have  exceeded  the  18 months  maximum  allowed  by the  WTO 
Subsidies  Agreement. 

12.1.4.  New  Zealand 

In  July  1997, New  Zealand  initiated  a countervailing  investigation  concerning  canned 
peaches  from  the  EU,  alleging  subsidization  by  means  of  export  refunds  on  sugar  and 
production aid, and, in the case of Spain, regional aid to one of the canners. 

On 9 December  1997, New Zealand disclosed its finding.  Subsidization  of  14-21% was 
established,  but  the  regional  aid  in  Spain  was  "green-lighted"  as  non-actionable. 
Countervailing duties were imposed in January 1998. 

12.1.5.  Australia 

In the  first  half  of  1992, Australia  imposed  anti-dumping  and  countervailing  duties  on 
imports  of  certain  food  products  which  were  due  to  expire  in  1997.  After  receiving 
applications  by  the  respective  Australian  industries  alleging  a  recurrence  of  material 
injury  if the measures expire, the Australian Anti-Dumping Authority  ("ADA")  initiated 
expiry reviews. 

12.1.5.1.  Canned Peaches from  Spain and Greece 

Countervailing  duties on imports of canned peaches from  Spain and  Greece  and anti 
dumping duties on imports from  Greece were reviewed by the ADA. 

that  anti-dumping  duties  on 

from  Greece  and 
Australia  decided 
countervailing  duties  on  imports  from  Spain  would  expire  on  19  February  1997  as 
would  countervailing  duties  on  imports  from  Greece  relating  to  the  sugar  rebate. 
Only the CVD covering production aid would be continued for a further five years. 

imports 

12.1.5.2.  Canned Ham from the Denmark (CVD), Ireland and the Netherlands (AD & CVD) 

Australia  decided  that  countervailing  and  anti-dumping  duties  would  expire  on  12 
March  1997. 

12.1.5.3.  Glacé Cherries from  France and Italy (AD & CVD review) 

Australia  decided  to  allow the  anti-dumping  duties  to  expire  on  8 April  1997  but  to 
continue the countervailing  duties on imports from  France and  Italy  for  a further  five 
years. 

12.1.5.4.  Dried Egg White from the Netherlands (CVD review) 

Australia decided that the measures would expire on 6 May  1997. 

72 

12.1.5.5.  Canned Tomatoes from  Italy (AD & CVD review) and Spain (CVD review) 

Australia  decided  to  let  countervailing  duties  on  imports  from  Spain  expire  on  29 
April  1997,  but  to  continue  anti-dumping  and  countervailing  measures  on  imports 
from  Italy for a further  5 years. 

12.1.6.  Argentina 

12.1.6.1.  Wheat Gluten (CVD investigation initiated on 26.11.1996) 

The  Commission  has  argued  strongly  that  wheat  gluten  does  not  benefit  from  a 
subsidy. 

In  spite  of  this,  Argentina  imposed  a  provisional  countervailing  duty  on  8  October 
1997.  The  Commission  submitted  a detailed  rebuttal  of Argentina's  positive  finding 
of subsidization. 

12.1.6.2.  Olive Oil (CVD investigation initiated in March 1997) 

In November  1997, Argentina announced  that it would not take provisional  measures 
but would continue the investigation. 

12.1.7.  Mexico 

12.1.7.1.  Canned peaches from  Greece (AD & CVD initiated in May  1997) 

On  9  December  1997,  Mexico  imposed  provisional  duties.  The  amount  of  subsidy 
was  found  to  be  18.2% and  dumping  (based  on  the  facts  available)  was  33.3%.  A 
provisional  duty  of 43.5% was imposed,  since part  of the  subsidy  (the export  refund 
on sugar) was excluded to avoid double counting. 

12.2.  Major anti-dumping investigations against Community Member States 

12.2.1.  Israel 

12.2.1.1.  Gate Valves from  Germany 

In November  1997, Israel terminated this investigation without measures. 

12.2.1.2.  Medium Density Fiberboards from  Germany, Italy and Portugal 

Initiated on 4 December  1996. On 8 May  1997, provisional duties of between $47 and 
$80 per cubic meter were imposed. 

73 

12.2.1.3.  Reinforced  Deformed  Bars (Rounds) from Spain 

Initiated  on  25  July  1995. Provisional  duties  of  $28  per  tonne  were  imposed  on  21 
February  1996.  The  injury  finding  is  likely  to  depend  on  the  parallel  case  against 
Italy  (see  immediately  below). The  Commission  has  informed  the  Israeli  authorities 
that  the  (maximum)  18-month  period  allowed  under  the  WTO  Agreement  on  Anti 
dumping has expired and that they should terminate the investigation  immediately. 

12.2.1.4.  Reinforced  Rounds from  Italy 

In early  1997, the Ministry of Finance refused  to take measures on the basis of public 
interest.  The  competence  issue  between  the  Finance  and  Industry  Ministry  is  now 
being  resolved  in the  courts;  in  the  meantime,  this  case  still  remains  undecided  and 
provisional duties are still being collected. 

12.2.1.5.  Pasta from  Italy 

Initiated  on  1  October  1995  along  with  a  sister  countervailing  case.  Provisional 
measures  were  imposed  on  26  August  1996  but  were  later  eliminated.  This 
investigation  has  also  exceeded  the  maximum  18-month  period  allowed  under  the 
WTO Agreement on Anti-dumping. 

12.2.1.6.  Disposable diapers from  Germany 

Initiated  on  27  May  1996.  On  27  November  Israel  established  that  the  dumping 
margin  was  30.36%  and  applied  a  provisional  duty  of  7.2%  per  package;  no  final 
decision has yet been taken. The  18-month time limit has also expired in this case. 

12.2.1.7.  Synthetic media from  the UK 

This  case  was  terminated  without  measures  on  23  June  1997  following  the 
withdrawal of the complaint. 

12.2.1.8.  Granulated Recycled polyethylene from  Germany 

Initiated  on  6  March  1997.  On  5  August  1997,  provisional  duties  were  imposed: 
28.2% for high-density polyethylene and  11.5% for low-density polyethylene. 

12.2.2.  Canada 

12.2.2.1.  Steel reviews 

On  17  June  1996  Revenue  Canada  initiated  a  review  of  normal  values  and  export 
prices  in respect  of  cold  rolled  steel  sheets  from,  inter  alia,  Germany,  France,  Italy, 
the UK and the US. On 2 August  1996 Revenue  Canada initiated  a review of  normal 
values  and export  prices  in respect  of  corrosion-resistant  steel  sheets  from  Australia, 
Brazil, Japan, Korea, New Zealand, the US, France, Germany, Spain, Sweden and the 
UK. 

74 

Most  community  exporters  complained  about  the  complexity  of  the  questionnaires 
and have decided  not to submit replies to Revenue  Canada; a request from a  Spanish 
producer  was refused  due to non-co-operation  at the verification  visit.  During  1997, 
Canada  temporarily  suspended  anti-dumping  duties  on  certain  steel  imports  due  to 
inadequate domestic supply. 

12.2.2.2.  Pasta from  Italy 

See countervailing case. 

12.2.2.3.  Stainless Steel bars 

On  12  December  1997,  Revenue  Canada  received  an  anti-dumping  complaint 
concerning  imports  of stainless  steel  bars  from  Germany,  France, Italy, US,  Sweden, 
Spain, Taiwan and Japan; an investigation was initiated on 23 December  1997. 

12.2.3.  South Africa 

12.2.3.1.  Uncoated woodfree  paper in reels or sheets from  Sweden 

Initiated on  18 July  1996, three Swedish exporters are concerned by the proceeding. 

12.2.3.2.  Unglazed and glazed ceramic wall and floor tiles from  Italy 

Initiated  on  26  October  1996.  Due  to  the  large  number  of  concerned  companies  in 
Italy, the South African  Board  on Tariffs  and Trade has decided to make a sample of 
six representative Italian producers. 

12.2.3.3.  Suspension PVC from  France, UK, Germany, Belgium, Spain, Netherlands 

South  Africa  initiated  an  investigation  on  15  March  1996.  On  27  March  1997, 
definitive  duties  of  46%  and  66%  were  imposed  on  imports  from  France  and  UK 
respectively.  No measures were taken against the other Member States. 

12.2.3.4.  Circuit breakers from France Italy and  Spain 

Initiated  31  May  1996.  On  7  February  1997,  provisional  duties  were  imposed  on 
imports from  France and Italy; no duty was imposed on imports from  Spain. 

12.2.3.5.  Calcium propionate and Calcium acetate from the Netherlands 

At  the  request  of  the  Dutch  exporter,  reviews  of  anti-dumping  measures  on  these 
products were initiated in June and July  1996.  On  11 April  1997, the duty on calcium 
propionate  was  withdrawn,  but  on  9  May  1997  it  was  provisionally  decided  to 
maintain the duty on calcium acetate. 

75 

12.2.3.6.  Copper tubing from the UK 

This  case  was  initiated  on  6  September  1996; following  a preliminary  investigation, 
no duty was imposed on products form the UK. 

12.2.3.7.  Acrylic Fibre from  Portugal 

This investigation was initiated on 5 July  1996.  On 27 June  1997, a provisional  duty 
of  10.9%) was  imposed.  The  Commission  made  a submission  to  South  Africa  about 
this  measure,  in  view  of  the  apparent  lack  of  injury  suffered  by  the  petitioner.  A 
definitive  duty was imposed at the end of 1997. 

12.2.3.8.  Glass microspheres from Austria, UK and Belgium 

This case was initiated on 23 May  1997.  On 5 September  1997, provisional  duties of 
12.1% and 33.2% were imposed on imports from  the UK arid Austria respectively. 

12.2.3.9.  Coated paperboard from  Spain, Austria, Germany and the Netherlands 

This  investigation  was  initiated  on  20  March  1997.  Following  verification  visits 
during  the  summer,  South  Africa  made  a  proposal  to  terminate  the  investigation 
without measures. 

12.2.4.  Argentina 

12.2.4.1.  Drill bits din 345 from  Italy 

Initiated on 21 February  1997. 

12.2.4.2.  Pneumatic components from  Germany 

Initiated on  18 June  1996. Proceeding terminated without measures on 4 April 1997. 

12.2.4.3.  Gas meters from  Italy 

Initiated on 27 August  1996.  The investigation is ongoing. 

12.2.4.4.  Electric cables from  France and Spain 

Initiated  on 20 February  1996.  It has therefore  exceeded  the  18-month time  limit  for 
investigations  established  in  the  WTO  Anti-dumping  Agreement.  Argentina  has 
alleged  that  the  complaint  was  made  in  April  1994  and  therefore  the  case  is  not 
covered  by  the  WTO  Agreements.  However,  this  argument  is  contradicted  by  the 
facts  of the case (the opening notice justified  the initiation on the basis of  1995 data): 
consultations on this case were held in Geneva on 29 October  1997. 

76 

12.2.4.5.  Optic Fibre cables from  Spain 

Initiated  on  21  February  1997.  Consultations  on  this  case  under  the  WTO  Anti 
dumping  Agreement  were  held  in  Geneva  on  29  October  1997.  The  consultations 
were  requested  because  Spain's  share  of  total  imports  seems  to  be  below  3%  and 
should  therefore  be  considered  de-minimis.  (The  US  and  Brazil,  both  of  which  are 
also subject to investigation, account for over 95% of total imports). 

12.2.4.6.  Chemical products from the Netherlands and Germany 

On  5  May  1997,  Argentina  terminated  five  investigations  concerning  various  acid 
products,  without  taking  any  measures.  The  investigations  had  revealed  that  the 
domestic industry was not suffering  injury. 

12.2.5.  Malaysia 

12.2.5.1.  Self-copy paper from  the European Union 

Initiated  on  22  August  1996  against  the  EU  and  Indonesia.  On  19 November  1996, 
the  Malaysian  authorities  imposed  provisional  anti-dumping  duties  ranging  from  9% 
to 26% on imports  from  the EU.  On 20 April  1997, definitive  duties  of 4-11%  were 
imposed on imports from the EU. 

12.2.5.2.  Corrugated  medium-paper 

Initiated  on  8 July  1997  and  concerning  the  EU,  Indonesia,  Korea,  Japan,  Australia, 
Taiwan and Thailand. 

On  4 November  1997,  Malaysia  announced  the  imposition  of  provisional  duties  on 
EU  imports  ranging  from  21  to  19%.  Few  EU  producers  co-operated  with  the 
investigation. 

12.2.6.  India 

12.2.6.1.  Acrylonitrile butadeine rubber from  Germany 

Initiated on  15 March  1996.  A provisional  duty of  174% was imposed on 31 January 
1997. 

12.2.6.2.  Catalysts from  Denmark 

Initiated  on  6  September  1996.  Provisional  duties  of  0-154%  were  imposed  on  20 
June  1997. 

77 

12.2.6.3.  Graphite electrodes from Germany, Belgium, Austria, France, Spain and 

Italy 

Initiated on 30 September  1996. 

12.2.7.  Korea 

12.2.7.1.  Electric shavers from  Germany and the Netherlands 

Initiated  on  20  July  1996.  Provisional  duties  of  between  38.80%  and  40.68%  were 
imposed by the Korean authorities on  14 November  1996. The final decision in April 
1997 involved the acceptance of price undertaking from the exporters. 

12.2.7.2.  Carbonless copy paper from UK and Germany 

Initiated  on 20 June  1997. Provisional  duties of  17.99 to  18.39% were  recommended 
but not imposed. 

12.2.7.3.  Certain cellulose products from  Germany 

Initiated  on  18  June  1997  following  a  complaint  from  Samsung  and  concerning 
imports from Germany and the USA, following  a complaint from  Samsung. 

12.2.7.4.  Electric smoothing irons from  France 

Initiated  on  23  October  1997  and  concerning  imports  from  France,  Singapore  and 
China. 

12.2.8.  Australia 

12.2.8.1.  PVC from  Belgium 

The proceeding  was terminated  without  measures  in November  1996.  In  May  1997, 
this decision was confirmed  following  a court challenge by the complainant. 

12.2.8.2.  PVC from  Germany and the Netherlands 

Following  the closure of a previous  proceeding, a new  investigation  was  initiated  on 
10 July  1997.  On  17 October  1997, provisional duties were imposed on imports  from 
Germany, Netherlands, Hungary, Israel and India. 

12.2.8.3.  Broad tipped highlighter pens from  Germany 

Initiated on  11 October  1996. Provisional  securities were imposed on 9 January  1997. 
However, the matter was then referred  to the ADA, which terminated the case without 
measures in May 1997. 

78 

12.2.8.4.  Fibreglass gun rovings from  Spain 

Initiated  on  13 February  1997.  Prior to the  preliminary  determination,  the  petitioner 
withdrew the complaint. 

12.2.8.5.  Carbonless  copy  paper  from  Austria',  Belgium,  Finland,  France,  Sweden,  Italy,  the 

Netherlands and Germany 

Initiated on 9 July  1997.  In November  1997, Australia imposed provisional  duties on 
certain exporters in Austria, Finland, Germany and the Netherlands. 

12.2.9.  USA 

12.2.9.1.  Pasta from Italy 

See the section on countervailing duty cases. The use of "facts available" to determine 
the duty level for  De Cecco is currently  the subject  of discussions  with the DOC. An 
administrative  review  was  initiated  in  September  1997. 
If  De  Cecco's  dumping 
margin  is  reduced  or  eliminated,  the  existing  cash  deposits  will  be  refunded  with 
interest. 

12.2.9.2.  Urea from the former GDR 

In November  1997, DOC confirmed  its finding of zero dumping  in an  administrative 
review.  Discussions are in progress on how to solve this issue. 

12.2.9.3.  Brass Sheets and Strips from  Germany 

The DOC denied the revocation of an antidumping order regarding a German exporter 
although they found  in three consecutive administrative reviews that the dumping was 
zero.  The  reason  given  is  that  there  would  be  still  a  likelihood  of  recurrence  of 
dumping. 

12.2.9.4.  Large Newspaper Printing Presses from Germany 

On 23 July  1996 DOC  imposed  30.72% duties  on  exports  of  LNPPs  from  Germany 
(46.40% for a non-cooperating  exporter). A major  concern was DOC's  scope of duty 
decision  which  also  covered  parts  for  LNPPs.  In  July  1997,  the  DOC  revised 
instructions on customs clearance with a view to eliminate the problem created by the 
cash  deposit  on all  parts.  The  new  method  would  aim  to  ensure  that  no  duty  is paid 
where the exporters/importers  estimate  that  the  parts  are not  likely  to  fall  within  the 
order. 

79 

12.2.9.5.  Open-end  spun rayon singles yarn from  Austria 

Initiated  on  26  August  1996.  On  18  March  1997  the  DOC  made  an  affirmative 
preliminary  dumping  determination  (margins  between  4.77  and  10.83%).  The  case 
was subsequently terminated without measures due to lack of  injury. 

12.2.9.6.  Carbon Steel Wire Rod from  Germany 

Following  the  no  injury  finding  in  the  CVD  case,  it  seems  certain  that  the  anti 
dumping  case  will  be  terminated. 
In  the  anti-dumping  investigation,  preliminary 
duties  of  up  to  153% have been  imposed  on the  basis  of  facts  available  due  to  non-
cooperation on the part of the exporters. 

12.2.9.7.  Stainless Steel Wire Rod from  Italy and Germany 

Initiated  at  the  same  time  as  the  CVD  case  concerning  Italy.  Preliminary  findings 
were due on 29 December  1997. 

12.2.10.  Philippines 

12.2.10.1.  Refractory  bricks from  Germany 

A provisional  duty of 29.61% was imposed on 2 February  1997.  It is understood that 
this  investigation  may  be  terminated  without  measures,  but  nothing  has  yet  been 
published to this  effect. 

12.2.11.  Egypt 

12.2.11.1.  Stainless Steel sinks from  Greece and Spain 

Initiated  on  7  March  1997.  In  November  1997,  Egypt  disclosed  its  intention  to 
impose anti-dumping duties of 35 and 50% respectively  on these  imports on the basis 
of facts available.  There was no co-operation from the exporters concerned. 

12.2.12.  Brazil 

12.2.12.1.  Sodium Triphosphate 

On  5  August  1997, Brazil  imposed  an  anti-dumping  duty  of  39.82%  on  imports  of 
sodium triphosphate  from  the UK.  This duty was  lower than the dumping  margin of 
43.06%, Brazil having applied the "lesser-duty rule". 

80 

12.2.12.2.  Soda Ash 

On 30 September  1997, Brazil announced that the investigation concerning  imports of 
Soda Ash from the UK would be extended for a further  six months. 

12.2.12.3.  Blood collection tubes 

An  anti-dumping  investigation  concerning  imports  of this  product  from  the  UK  was 
initiated on  15 September  1997. 

12.2.13.  Turkey 

On  29  June  1997,  Turkey  initiated  an  anti-dumping  investigation  concerning  ball 
bearings of more than 30mm from the EU and Japan. 

12.2.14.  Indonesia 

On  13 November  1997,  Indonesia  initiated  an  anti-dumping  investigation  concerning 
white newsprint paper from  France. 

Although the case concerns only France, all EU exporters were advised  to consider  co 
operation, as Indonesia has considered that it may apply measures to the EU as a whole, 
and may also conduct sampling on an EU-wide basis. 

12.3.  Safeguard  investigations  of  third  countries  concerning  imports  from  Community 

Member States 

12.3.1.  Brazil 

12.3.1.1.  Imports of toys 

On  1 January  1997, Brazil  imposed  definitive  safeguard  measures  on  imports  of  all 
types of toys in the form  of an additional duty on top of the regular tariff  rate of 20% 
which  decreases  progressively  until  1999:  43% in  1997,  29%  in  1998  and  15% in 
1999.  The  resulting  tariff  levels  are  below  the  bound  rates  within  the  WTO 
framework  except for three tariff  lines, where tariffs  exceed bound rates slightly in the 
years  1997 and 1998. 

81 

12.3.2.  Korea 

12.3.2.1.  Imports of Certain Dairy Products 

On  27 January  1997 Korea notified  the  WTO of  its  intention  to  propose  a  safeguard 
measure  against  imports  of  milk  powder  blends which  were  liberalised  as a result  of 
Korea's WTO commitments. 

On  7  March  1997  Korea  imposed  definitive  safeguard  measures  in  the  form  of  a 
quota.  As  a  result  of  the  pressure  put  on  Korea  mainly  by  the  Community,  it 
increased the quota by 25%. 

The  measure, however,  seems not to be in compliance  with the  WTO  Agreement  on 
Safeguards,  in particular because the findings  of serious injury  and causal link are not 
supported by sufficient  evidence, no price analysis was conducted, consultations were 
delayed  and the WTO notifications  were inadequate.  In view of this, the  Community 
held  dispute-settlement  consultations  with  Korea  on  10  September  and  16  October 
1997, and is considering dispute  settlement. 

12.3.3.  Argentina 

12.3.3.1.  Imports of Footwear 

On 25 February  1997 the Ministry  of Economy,  Public  Works and  Services  initiated 
safeguard  proceedings  in respect of imports of footwear  of all kinds (except  ski boots 
and  snowboards)  and  imposed  provisional  measures  in the  form  of  specific  duties  as 
of 25 February  1997 for a period of 200 days.  In September  1997, Argentina  imposed 
definitive  measures. 

12.3.3.2.  The  Community  has  serious  concerns  about  the  conformity  of  the  measure  with  the 

WTO Agreement on  Safeguards. 

The duties go beyond  Argentina's bound rates; consultations with Argentina have not 
yet solved the problem.  Although the Community's  immediate trade interest  is small, 
the violations of the  Safeguard  Agreement  seem blatant and dispute  settlement  action 
is being considered  if no compromise can be found. 

12.3.4.  USA 

12.3.4.1.  Imports of Wheat Gluten 

Having  had  their  Section  301  subsidy  petition  rejected,  the  US  gluten  producers 
decided on  19 September  1997 to request a Section 202 safeguard  action. 

82 

This  was  initiated  on  3  October  1997,  and  a  public  ITC  hearing  was  held  on  16 
December  1997.  The  European  Industry  and  the  Commission  were  present  at  the 
hearing. 

A decision of the ITC was due by  16 January  1998. 

12.4.  USA - anti-circumvention  actions 

12.4.1.  Leaded billets from UK and Germany 

On  19 June  1997, DOC initiated an investigation into the alleged circumvention  of anti 
dumping  and countervailing  measures  on  leaded  bars by exports  of leaded  billets  from 
the UK and Germany.  Billets  are rolled  into  bars by means of a process  carried  out in 
the US. 

12.4.2.  Pasta from Italy 

On  8 December  1997, an  anti-circumvention  investigation  was  initiated  with  regard  to 
Barilla. 

13.  GATTAVTO  ISSUES 

In October  1997, the Commission held consultations  under the WTO Anti-Dumping  Agreement 
with  Argentina  concernings  investigations  on  electric  cables  and  optic  fibres.  Consultations 
provided  for  in the  WTO  Subsidies  Agreement  were  held  with the US and New  Zealand  in the 
course of a number of CVD cases, but not under dispute  settlement. 

The  WTO  Agreements  on  Anti-dumping  and  Subsidies  and  Countervailing  Measures  finalised 
during the Uruguay Round were not subject  to any changes or re-negotiation  in  1997. - On anti 
dumping,  an  informal  group  was  established  to  discuss  the  problem  of  circumvention  of 
measures,  in  line  with  the  Ministerial  Decision  signed  at  Marrakech.  The  Community  and  the 
United States are leading the effort  to reach agreement on the application of uniform  rules in this 
area.  The  so-called  Ad  hoc  Group  on  Implementation  of  Article  VI  (anti-dumping  rules)  met 
twice  in  1997,  proving  to  be  a  useful  forum  for  exchange  of  information  on  principles  and 
practice in applying the WTO Agreement,  and promoting  even and effective  enforcement  of the 
multilateral  rules.  In parallel, work  is ongoing on the Harmonisation  of Rules of Origin, as part 
of the work programme  foreseen  by the  Agreement  on Rules of Origin  (ARO) at the end of the 
Uruguay  Round. 

83 

14.  CHANGES TO THE BASIC REGULATION 

In  December  1997,  the  Commission  adopted  a  Communication  to  the  Council  proposing  a 
change to the  EU anti-dumping  legislation  and practice concerning  the treatment  of Russia and 
China  in  anti-dumping  proceedings31.  Currently  these  countries  are  considered  as  non-market 
economies  for  the  purpose  of  anti-dumping  proceedings.  The  proposal  takes  account  of  the 
reforms  ongoing and the new economic realities that exist in Russia and China. 

The  proposal  removes  the  label  "non-market  economy"  in  respect  of  China  and  Russia.  It 
institutes  a  new  case  by  case  approach  for  anti-dumping  proceedings  for  these  countries, 
whereby  exporters  can request market economy treatment  if they operate within  clearly  defined 
market  economy  conditions.  This  means  that  for  those  exporters  who  can  prove  their  status, 
their  prices  and  costs  would  be  used  to  establish  normal  value,  as  is  the  case  in  proceedings 
involving  market  economy  countries.  Finally,  it  introduces  a more  systematic  approach  to the 
granting of individual treatment and calculation of comparative advantage. 

In  addition,  a  new  basic  Regulation  (Council  Regulation  (EC)  No  2026/97)  concerning  anti-
subsidy  proceedings  entered  into  force  in  October  1997.  This  Regulation  corrected  some 
drafting  problems contained in the earlier version (Regulation (EC) No 3184/94). 

15.  PERSONNEL AND ADMINISTRATION 

During  1997, the  anti-dumping  services  were  located  in  three  different  buildings.  In  order  to 
overcome  the  administrative  constraints  caused  thereby,  it  was  decided  that  the  whole  of  the 
anti-dumping services move to the building situated at rue Demot 24 in early  1998. 

In the  course  of  the  year,  the  anti-dumping  service  continued  its  effort  to  make  newly  arrived 
personnel  quickly  operational  and to provide  additional  training  to  officials  in  service.  To this 
end,  1 anti-dumping  course and  6 cost accountancy  courses were organised  which proved  to be 
very  effective. 

31  OJ No C 70, 6.3.98; The proposal  has been  adopted  by the Council  on 27 April  1998 (OJ No L  128,  30.4.98) 

84 

ANNEX  A 

NEW INVESTIGATIONS  INITIATED 
DURING THE PERIOD  1 JANUARY - 31 DECEMBER  1997 

VX JSg^^roauct^  ,^^{;g^:t;||t-Country'Qf origin  OJRëferènce e 

Fasteners (stainless steel) 
Fax machines 

Potassium  permanganate 

Polysulphide polymers 
Synthetic fibre ropes 
Glutamic acid (monosodium glutamate) 

Cotton fabric (unbleached) 

Narrow, steel strips (Regional case) 
Synthetic fibre ropes 
Unwrought magnesium 
Stainless steel bright bars (Anti-dumping) 
Antibiotics (broad spectrum)  (Anti-subsidy) 
Thiourea dioxide 
Laser optical reading systems 

Stainless steel bright bars (Anti-subsidy) 
Cochineal carmine (Anti-subsidy) 
Hardboard 

Bicycles 
Electrolytic capacitors 

Woven glass fibre (Anti-dumping) 
Woven glass fibre (Anti-subsidy) 

Thailand 
P.R.China 
Japan 
Malaysia 
Singapore 
South Korea 
Taiwan 
Thailand 
India 
Ukraine 
USA 
India 
Brazil 
USA 
Vietnam 
P.R.China 
Egypt 
India 
Indonesia 
Pakistan 
Turkey 
Russia 
South Korea 
P.R.  China 
India 
India 
P.R.  China 
P.R.China 
Japan 
Malaysia 
South Korea 
Taiwan 
India 
Peru 
Brazil 
Bulgaria 
Estonia 
Latvia 
Lithuania 
Poland 
Russia 
Taiwan 
Thailand 
USA 
Taiwan 

rr 

C25, 25.01.97 
C32, 1.02.97 

C130,26.04.97 

.  C187, 19.06.97 
C201, 1.07.97 
C205,5.07.97 

C210,  11.07.97 

C211, 12.07.97 
C232, 31.07.97 
C256, 21.08.97 
C264, 30.08.97 
C277, 12.09.97 
C323, 24.10.97 
C324,25.10.97 

C328, 30.10.97 
C335, 6.11.97 
C336,  7.11.97 

C360, 26.11.97 
C363,29.11.97 
C363, 29.11.97 
C366, 4.12.97 
_ _ _ ^ _ _ _ _ ^ _ _ _ ^ _-. 

ANNEX B 

NEW INVESTIGATIONS  CONCLUDED  BY THE  IMPOSITION 

OF PROVISIONAL  DUTIES 

DURING THE PERIOD  1 JANUARY - 31 DECEMBER  1997 

H â R ^ 3 p ï 9 ^ A I ^ i p g^ 

$mM 

* ,r-vMffiië 

Polyethylene/polypropylene  sacks 

Polyester yarn (PTY) 

Footwear  (textile) 

Handbags 

Zinc (unwrought  unalloyed) 

Seamless steel pipes and tubes 

Flat pallets of wood 

Bed linen (cotton) 

Advertising  matches 

Gountrypf origin 
India 
Indonesia 
Thailand 
Malaysia 

P.R.  China 
Indonesia 

P.R.  China 

Poland 
Russia 

Czech  Republic 
Russia 
Romania 
Slovak  Republic 
Poland 

Egypt 
India 
Pakistan 
Japan 

Glyphosate 

P.R.  China 

Fasteners (stainless  steel) 

Ferro-silico-manganese 

Fax machines 

P.R.  China 
India 
Malaysia 
South Korea 
Taiwan 
Thailand 
P.R.  China 

P.R.  China 
Japan 
Malaysia 
Singapore 
South Korea 
Taiwan 
Thailand 

n 

m. egulation N°.J  OJJReferëncë 

Com. Reg. 
(EC) N°. 45/97 
10.01.97 
Com. Reg. 
(EC) N°. 53/97 
14.01.97 
Com. Reg. 
(EC)N°.  165/97 
28.01.97 
Com. Reg. 
(EC) N°. 209/97 
3.02.97 
Com. Reg. 
(EC)  N°. 593/97 
25.03.97 
Com. Reg. 
(EC)  N°. 981/97 
29.05.97 

Com. Reg. 
(EC)N°.  1023/97 
6.06.97 
Com. Reg. 
(EC)N°.  1069/97 
12.06.97 
Com. Reg. 
(EC)N°.  1092/97 
16.06.97 
Com. Reg. 
(EC)N°.  1731/97 
4.09.97 
Com. Reg. 
(EC)N°.  1732/97 
4.09.97 

L12,  15.01.97 

L13,  16.01.97 

L29,  31.01.97 

L33, 4.02.97 

L89, 4.04.97 

L141,  31.05.97 

L150, 7.06.97 

L156,  13.06.97 

L158,  17.06.97 

L243, 5.09.97 

L243, 5.09.97 

Com. Reg. 
(EC)N°.  1778/97 
12.09.97 
Com. Reg. 
(EC) N°. 2140/97 
30.10.97 

L252.  16.09.97 

L297,  31.10.97 

ANNEX  C 

NEW INVESTIGATIONS CONCLUDED BY THE IMPOSITION 

OF DEFINITIVE DUTIES 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

Product 

Ring binder mechanisms 

Country  of origin: 
P.R. China 
Malaysia 

Lighters (disposable) 

Mexico 
Philippines 

Polyester yarns (PTY) 

Malaysia 

Handbags (leather) 

P.R. China 

Salmon (Anti-dumping) 

Norway 

Salmon (Anti-subsidy) 

Norway 

Zinc (unwrought unalloyed) 

Polyethylene/polypropylene  sacks 

Advertising matches 

Footwear (textile) 

Seamless steel pipes and tubes 

Flat pallets of wood 

Bed linen (cotton-type) 

Poland 
Russia 

India 
Indonesia 
Thailand 
Japan 

P.R. China 
Indonesia 

Czech Republic 
Romania 
Russia 
Slovak Republic 
Poland 

Egypt 
India 
Pakistan 

OJ Reference 

L22, 24.01.97 

L65, 6.03.97 

L145, 5.06.97 

L208, 2.08.97 

L267, 30.09.97 

L267, 30.09.97 

L272, 4.10.97 

L276, 9.10.97 

L284, 16.10.97 

L298, 1.11.97 

L322, 25.11.97 

L324, 27.11.97 

L332, 4.12.97 

Regulation  N°. 
Council Reg. 
(EC)N°. 119/97 
20.01.97 
Council Reg. 
(EC) N°. 423/97 
3.03.97.97 
Council Reg. 
(EC)N°. 1001/97 
2.06.97 
Council Reg. 
(EC)N°. 1567/97 
1.08.97 
Council Reg. 
(EC)N°. 1890/97 
26.09.97 
Council Reg. 
(EC)N°. 1891/97 
26.09.97 
Council Reg. 
(EC)N°. 1931/97 
22.09.97 
Council Reg. 
(EC)N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 2025/97 
15.10.97 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 

Council Reg. 
(EC) N°. 2334/97 
24.11.97 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 

o 

ANNEX  D 

NEW INVESTIGATIONS TERMINATED 
WITHOUT IMPOSITION OF MEASURES 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

W-' «i^wta*!  M 
Tapered roller bearings 

Japan 

Iron or steel sections 

Portland cement 

Zinc (unwrought  unalloyed) 

Briefcases and school bags 

Czech Rep. 
Hungary 

Romania 
Tunisia 
Turkey 
Kazakstan 
Ukraine 
Uzbekistan 
P.R.  China 

Synthetic fibre ropes 

India 

Luggage and travel goods 

P.R. China 

Handbags (textile, plastic) 

P.R. China 

Com.  Dec. 
(EC)  N°. 27/97 
3.12.96 
Com. Dec. 
(EC) N°. 35/97 
14.01.97 
Com.  Dec. 
(EC) N°. 169/97 
30.01.97 
Com. Dec. 
(EC)  N°. 223/97 
25.03.97 
Com. Dec. 
(EC) N°. 355/97 
9.06.97 
Com. Dec. 
(EC)  N°. 400/97 
13.06.97 
Com. Dec. 
(EC) N°. 412/97 
1.07.97 
Council Reg. 
(EC)N°.  1567/97 
1.08.97 

L10,  14.01.1997 

L13,  16.01.1997 

L67,  7.03.1997 

L89, 4.04.1997 

L151,  10.06.1997 

L166, 25.06.1997 

L174, 2.07.1997 

L208, 2.08.1997 

et 

ANNEX  E 

NEW INVESTIGATIONS INITIATED BY COUNTRY OF EXPORT 
DURING THE PERIOD 1 JANUARY 1993 - 31 DECEMBER 1997 

M199M 
-

mmiÂ 

emmmmamm 
Belarus 
Brazil 
Bulgaria 
Canada 
P. R. China 
Croatia 
Czech Republic 
Egypt 
Estonia 
Georgia 
Hungary 
India 
Indonesia 
Japan 
Kazakhstan 
Latvia 
Lithuania 
Macao 
Malaysia 
Mexico 
Norway 
Pakistan 
Peru 
Philippines 
Poland 
Romania 
Russia 
Singapore 
Slovakia 
South Africa 
South Korea 
Taiwan 
Thailand 
Turkey 
Ukraine 
USA 
Uzbekistan 
Vietnam 

» 9 9 5* 
-

-

-
1 
5 
-
1 
-

-

-
1 
1 
4 
-
1 
-

-
1 
2 
1 
-

-

-
1 
2 
-
1 
1 
-

-
4 
-
4 
-
1 
-
1 
-
33 

mmm 

-
1 
1 
-
4 
-

-

-

-
1 
-

-

-
1 
-

-

-

-
2 
-

-

-

-

-
1 
-
1 
-

-
1 
2 
1 
2 
1 
1 
1 
-

I 

-

-
5 
1 
2 
-

-

-

-
4 
4 
2 
1 
'  -
1 
-
2 
1 
-
3 
-

-
1 
-
3 
-
2 
-

-
1 
5 
2 
1 
1 
-

-
21 

-
43 

^ 

-

-

-
6 
-
1 
2 
-

-

-
4 
1 
-

-

-

-

-
1 
-
2 
2 
-

-

-

-
1 
-

-

-

-
25 

-
2 
1 
-
5 
-

-
1 
1 
-

-
6 
1 
2 
-
1 
1 
-
2 
-

-
1 
1 
-
1 
-
2 
1 
-

-
3 
4 
3 
1 
1 
3 
-
1 
45 

ANNEX  F 

NEW INVESTIGATIONS INITIATED BY PRODUCT SECTOR 
DURING THE PERIOD 1 JANUARY 1993 - 31 DECEMBER 1997 

Chemical and allied 
Textiles and allied 
Wood and paper 
Electronics 
Other mechanical  engineering 
Iron and Steel 
Others metal 
Other 

mmm 

17 

10 

7 

7 

14 

7 

21 

43 

33 

25 

45 

9, 

ANNEX G 

EXPIRY REVIEWS INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

INITIATED 

-<i£co'.;-;-• ;$\:p;  '-p* f...  -fjzPro&uct  » * ' . ^ ^ f l l § ^ -;  ^ ® %S 
Ferrosilicon 

Silicon metal 

Synthetic polyester fibres 

Electrolytic  capacitors 

8fe$Oflgm3v-r 
Egypt 
Poland 
Brazil 

.^Measure i?> 
Anti-dumping 

0J  Reference 
C204, 4.07.1997 

Anti-dumping 

C242, 8.08.1997 

South Korea 
Taiwan 
Japan 

Anti-dumping 

C321,  22.10.1997 

Anti-dumping 

C365, 3.12.1997 

CONCLUDED 

« 

:•'&+i'- '• '-.^^XiSc'M''. ^Product y?£%. "^^0Z$t'--:'^,}E, 
Polypropylene sacks and bags 

P.R.  China 

M - Ê O r i g in  &4v/ 

Video tape in cassettes 
DRAM'S 

Silicon metal 

P.R.  China 
Japan 
South Korea 
P.R.  China 

^ M e a s u re 

OJ  Reference 

Imposition of 
measure 
Repeal of duty 
Repeal of duty 

L284,  16.10.1997 

L304, 7.11.1997 
L324, 27.11.1997 

Imposition of 
measure 

L345,  16.12.97 

ANNEX  H 

3 

INTERIM REVIEWS INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

:. ;;; l f f i ;^ 
Silicon  metal 

Furfuraldehyde 

Glutamic acid (monosodium  glutamate) 

Electrolytic  capacitors 

Handbags  (leather) 

INITIATED 

l l i l 0 w g i r i l l l l| 
Brazil 

gJlMe^tirei;^:, 
Anti-dumping 

1 0J Reference 
C3, 7.01.1997 

P.R. China 

Anti-dumping 

C156, 24.05.1997 

Indonesia 
South Korea 
Taiwan 
Japan 

Anti-dumping 

C201,  1.07.1997 

Anti-dumping 

C365, 3.12.1997 

P.R. China 

Anti-dumping 

C378,  13.12.1997 

P r o d u ct 

C O N C L U D ED 

Origin 

Thailand 

Disposable  lighters 

EPROM's 

Ball bearings  (>30mm) 

Ball bearings  (<30mm) 

Outer rings of T.R.B.'s 

Silicon carbide 

Artificial corundum 

Sodium carbonate  (soda ash) 

Seamless  pipes and tubes 

DRAM's 

Silicon metal 

Electrolytic  capacitors 

Measure 
Imposition 
of measure 
Repeal 
of  measure 
Repeal 
of  measure 
Repeal 
of measure 
Repeal 
of  measure 
Imposition 
of  measure 
Imposition 
of  measure 
Repeal 
of  measure 
Imposition 
of  measure 

Repeal 
of  measure 
Repeal 
of  measure 
Imposition 
of  measure 
Imposition 
of  measure 

OJ  Reference 

L35, 6.03.1997 

L99,  16.04.1997 

L115, 3.05.1997 

L117, 7.05.1997 

L162,  19.06.97 

L254,  17.09.1997 

L276, 9.10.1997 

L282,  15.10.1997 

L322, 25.11.97 

L324, 27.11.97 

L345,  16.12.97 

L351,  23.12.1997 

Japan 

Japan 

Japan 

Japan 

Ukraine 

P.R. China 

U.S.A. 

Poland 

Croatia 

Japan 
South Korea 
P.R. China 

Japan 

9A 

ANNEX I 

NEW EXPORTER REVIEWS INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

-;  , 

•-Product V ". 

i t - J^  > $ fe 

Polyester yarn (PTY) 

I N I T I A T ED 

Country  of origin & ;r * 
Indonesia 

'  -OJ Reference 
L347, 18.12.1997 

C O N C L U D ED 

•, \ •"' 

Product'^-'-'  . ; ;f-"//' , •"''%-.••-? 

q. Country of origin i^ 
India 

Synthetic fibres of polyester 

Polyester yarns 

Indonesia 
Turkey 

"• 'Measure /,-"'• 
Amendment 
ofduty 
Amendment 
of duty 

OJ  Reference 
L131,  23.05.1997 

L131,  23.05.1997 

ANNEX  J 

ANTI-ABSORPTION  INVESTIGATIONS 
INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

- 

• :l i l l i S l l:f'  ' Product •. 

Microwave ovens 

Ammonium nitrate 

I NI 

-..-'> 

TIATED 
Ojn^??\j.j$^\%t. 
South Korea 

< 

" 

i 

" 

O J Reference 
C19,  18.01.1997 

Russia 

C162,  29.05.1997 

Television cameras 

Product 

CON 

CLUDED 

Origin 

; 
Japan 

• 
Measure 
Imposition 
of duty 

QJ Reference 
L276, 9.10.1997 

ANNEX K 

ANTI-CIRCUMVENTION  INVESTIGATIONS 
INITIATED OR CONCLUDED 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

ii&^^^^^^^Kaduct^^^^^M^m 
Polyester staple fibre 

tMpm^^my^B^&'MM 
Belarus 

IPJJReTerence,; 
L102,  19.04.1997 

INITIATED 

C O N C L U D ED 

' ^ ^ ^ ^ ^ ^ ^ . ^ B r o d u c t ^ g ^ ^ ^ W ^W 

'
Bicycles 

Electronic weighing scales (assembly in the Community) 

Electronic weighing scales (assembly in Indonesia) 

Polyester staple fibre 

Japan 
Singapore 
Japan 

Belarus 

3BHOB§uo|pli 
P.R.  China 

i W M ^ s i i r e ^l 
Extension 
'of duty 
Termination 
without extension 
Termination 
without extension 
Extension 
of duty 

COJSReference 
L16,  18.01.1997 

L141,  31.05.97 

L141,  31.05.97 

L346,  17.12.1997 

ANNEX  L 

SUSPENSION OF MEASURES 
DURING THE PERIOD 1 JANUARY - 31  DECEMBER 1997 

.  •• ;• 

•&• -Product^.f3gf^*'-.IT^-|;;/»A°ffi^P^nginJ2 

OJiReferetice <  -

NONE 

ANNEX M 

MEASURES WHICH  EXPIRED 

DURING  THE PERIOD  1  JANUARY - 31  DECEMBER  1997 

., -  -^Product  <H'^A«^i 

^ Y ^ - A« 

, 

Origin 

Thermal paper 
Cotton yarn 

Polyester yarns 
(man-made staple fibres) 

Japan 

Brazil 
Turkey 
P.R.  China 
Indonesia 
Taiwan 
Turkey 

jjÉjb i^eas^fèil..'" v .Original measure i 

f^:iO JTteference 

:€ 

Publication 
".=dateTC 

duty + undertaking  L81,  26.03.92 
L82, 27.03.92 

duty 

C87, 8.03.97 
C87, 8.03.97 

duty 

L88, 3.04.92 

C97, 25.03.97 

Semi-finished products of alloy steel  Brazil 

duty + undertaking  L182, 2.07.92 

C194, 25.06.97 

Car radios 
Sheets and plates of iron or steel 

Plain paper  photocopiers 
Synthetic polyester fibres 

Turkey 
South Korea 
Fed. Rep. of Yugoslavia 
FYR  Macedonia 
Slovenia  Rep. 
Japan 
Fed. Rep. of Yugoslavia 
FYR  Macedonia 
Romania 
Turkey 

duty 
L222, 7.08.92 
duty + undertaking  L221,  6.08.92 

C231,  30.07.97 
C231,  30.07.97 

duty 
duty 

L244,  12.10.95 
L306, 22.10.92 

C303, 4.10.97 
C312,  14.10.97 

91 

ANNEX N 

COURT CASES PENDING 

BEFORE THE COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE 

OF THE EUROPEAN  COMMUNITIES  ON 31 DECEMBER  1997 

Case T-2/95 
Case T-97/95 
Case T-210/95 
Case T-232/95 
Case  T-46/96 
Case T-48/96 
Case T-51/96 
Case T-l 18/96 
Case T-73/97 
CaseT-74/97 
Case T-75/97 
Case T-80/97 
Case T-84/97 
Case T-l47/97 
Case  T-171/97 
Case  T-213/97 
Case  T-245/97 
Case T-256/97 
Case  T-267/97 
Case  T-597/97 
Case T-599/97 

IPS v. Council 
Sinochem v. Council 
EFMA v. Council 
CECOM v. Council 
Whirlpool v. Council 
ACME v. Council 
MIWON v. Council 
Thai Bicycle Industry v. Council 
British Shoe Corp. and others v. Commission 
Buchel & Co. v. Council 
Buchel & Co v. Commission 
Starway v. Council 
BEUC v. Commission 
Champion  Stationary Mfg  Co. Ltd. v. Council 
Swedish Match Philippines v. Council 
EUROCOTON v. Council 
Kaufhof  Warenhaus v. Commission 
BEUC v. Commission 
Broome & Wellington v. Commission 
Euromin  SA v. Council 
Swedish Match v. Council 

9É* 

ANNEX O 

DEFINITIVE MEASURES IN FORCE 
ON 31st DECEMBER  1997 
(ranked by product) 

IBrBducti 

Activated powdered carbon 

iri&ini 

P.R.  China 

Duties 

Advertising  matches 

Japan 

Duties 

Ammonium  nitrate fertilizer 

Lithuania 

Undertakings 

Russia 

Duties 

Artificial corundum 

P.R.  China 

Duties 

Ball-bearings  (CVD) 

Thailand 

Duties 

Bed linen  (cotton-type) 

Bicycles 

Bicycle parts 

Calcium  metal 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Duties 

Egypt 
India 
Pakistan 
P.R.  China 

Indonesia 
Malaysia 
Thailand 
P.R.  China 

P.R.  China 
Russia 

Chamottes (refractory) 

P.R.  China 

Duties 

Coumarin 

P.R.  China 

Duties 

Dihydrostreptomycin 

P.R.  China 

Duties 

Electrolyte  capacitors 

Japan 

Duties 

South Korea 
Taiwan 

Duties 

^ 

ion 

Council Reg. 
(EC)N°.  1006/96 
3.06.96 
Council Reg. 
(EC) N°. 2025/97 
15.10.97 
Com. Dec. 
(EC)  N°. 293/94 
13.04.94 
Council Reg. 
(EC) N°. 2022/95 
16.08.95 
Council Reg. 
(EC)N°.  1951/97 
6.10.97 
Council Reg. 
(EC)  N°. 2271/94 
19.09.94 
Com. Dec. 
(EC)  N°. 639/94 
3.08.94 
Council Reg. 
(EC)  N°. 2398/97 
28.11.97 
Council Reg. 
(EC)  N°. 2474/93 
8.09.93 
Council Reg. 
(EC)  N°. 648/96 
28.03.96 
Council Reg. 
(EC) N°. 71/97 
10.01.97 
Council Reg. 
(EC)  N°. 2557/94 
19.10.94 
Council Reg. 
(EC)N°.  137/96 
22.01.96 
Council Reg. 
(EC)  N°. 600/96 
25.03.96 
Council Reg. 
(EC) N°. 3836/91 
19.12.91 
Council Reg. 
(EC)  N°. 3482/92 
30.11.92 
Council Reg. 
(EC)N°.  1384/94 
13.06.94 

L134, 5.06.96 

L284, 16.10.97 

L129, 21.05.94 

L198, 23.08.95 

L276, 09.10.97 

L247, 22.09.94 

L247, 22.09.94 

L332, 4.12.97 

L228, 9.09.93 

L91,  12.04.96 

L16,  18.01.97 

L270, 21.10.94 

L21, 27.01.96 

L86, 4.04.96 

L362. 31.12.91 

L353, 3.12.92 

L152, 18.06.94 

.TH-ri'tc'-r  W--< ^ P r o d u ct *  ~  -  -  aS^Vx; 
Electronic weighing  scales 

%^Origin£fe% 
Japan 

^ M e a s u r e* 

Duties 

Ethanolamines 

USA 

Duties 

Singapore 
South Korea 

Duties 

Ferrochrome (low-carbon) 

Ferro-silico-manganese 

Ferro-silicon 

Duties 

Duties 

Kazakhstan 
Russia 
Ukraine 
Brazil 
Russia 
South Africa 
Ukraine 

Ukraine 

Undertakings 

Egypt 
Poland 

Poland 

Duties 

Undertakings 

Egypt 

Undertakings 

Brazil 
Iceland* 
Kazakhstan 
Norway* 
Ukraine 
Venezuela 
Russia 

P.R.  China 
South Africa 

Duties 

Duties 

Flat pallets of wood 

Poland 

Duties 

Undertakings 

Fluorspar 

P.R.  China 

Duties 

Footwear  (textile) 

P.R.  China 
Indonesia 

Duties 

Furfuraldehyde 

P.R.  China 

Duties 

Glutamic acid (monosodium  glutamate) 

Grain-oriented electrical steel sheets 

Handbags  (leather) 

Indonesia 
South Korea 
Taiwan 
Russia 

P.R.  China 

Duties 

Duties 
Undertakings 
Duties 

O CJ 

i  R e g u l a t i o n ^ ?. 
Council Reg. 
(EC) N°. 993/93 
26.04.93 
Council Reg. 
(EC)  N°. 2887/93 
20.10.93 
Council Reg. 
(EC) N°. 229/94 
1.02.94 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 

Com. Dec. 
(EC) N°. 418/95 
26.07.95 
Council Reg. 
(EC) N°. 3642/92 

Com. Dec. 
(EC) N°. 572/92 
14.12.92 

Com. Dec. 
(EC) N°. 331/92 
30.06.92 
Council Reg. 
(EC)  N°. 3359/93 
2.12.93 

O J ^ e f e r e n c ej 
L104, 29.04.93 

L263, 22.10.93 

L28, 2.02.94 

L246, 2.10.93 

L248,  14.10.95 

L248,  14.10.95 

L369,  18.12.92 

L183, 3.07.92 

L302, 9.12.93 

Council Reg. 
(EC) N°. 621/94 
17.03.94 
Council Reg. 
(EC) N°. 2334/97 
24.11.97 
Com. Dec. 
(EC)N°.  1023/97 
6.06.97 
Council Reg. 
(EC) N°. 486/94 
4.03.94 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 95/95 
16.01.95 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Com. Dec. 
(ECSC)  N°. 303/96 
Council Reg. 
(EC)N°.  1567/97 
1.08.97 

L77,  19.03.94 

L324, 27.11.97 

L150, 7.06.97 

L62, 5.03.94 

L298, 1.11.97 

L15, 21.01.95 

L15, 20.01.96 

L42, 20.02.96 

L208, 2.08.97 

i^^^m^MPjo'ductm^^ 
Isobutanol 

Russia 

léasure^l 
Duties 

Lighters  (disposable) 

Japan 

Duties 

P.R. China 

Duties 

Mexico 
Philippines 
Thailand 

Duties 

Undertakings 

Magnesia (deadbumed) 

P.R.  China 

Duties 

Magnesium oxide (caustic magnesite) 

P.R. China 

Duties 

Microdisks 

Microwave ovens 

Peroxidisulphates 

P.R. China 
Japan 
Taiwan 

Hong Kong 
South Korea 

Malaysia 
Mexico 
USA 
P.R.  China 
Malaysia 
South Korea 
Thailand 
P.R.  China 

Duties 

Duties 

Duties 

Duties 

Duties 

Photo albums 

P.R.  China 

Duties 

Pig iron  (haematite) 

Duties 

Brazil 
Poland 
Russia 
Ukraine 

Czech Republic 

Duties 
Undertakings 

Polyester fibres and yarns (CVD) 

Turkey 

Undertakings 

Polyester filament tow 

Belarus 

Duties 

Polyester staple fibre 

Belarus 

Duties 

Polyester yarns (POY and PTY) 

Turkey 

Duties 

/ o/ 

lation; 
Council Reg. 
(EC) N°. 721/94 
29.03.94 
Council Reg. 
(EC)  N°. 3433/91 
25.11.91 
Council Reg. 
(EC)N°.  1006/95 
3.04.95 
Council Reg. 
(EC) N°. 423/97 
3.03.97 
Com.  Dec. 
(EC) N°.  167/97 
25.02.97 
Council Reg. 
(EC)  N°. 3386/93 
6.12.93 
Council Reg. 
(EC)  N°.  1473/93 
T4.06.93 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 

Council Reg. 
(EC) N°. 2199/94 
9.09.94 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC) N°. 5/96 
22.12.95 

IQMiè&Ë®m~ 
L87, 31.03.94 

L326, 28.11.91 

L101, 4.05.95 

L65, 6.03.97 

L306,  11.12.93 

L145,  17.06.93 

L262, 21.10.93 

L236,  10.09.94 

L92,  13.04.96 

L2, 4.01.96 

Council Reg. 
(EC)  N°. 2961/95 
18.12.95 
Council Reg. 
(EC)  N°. 3664/93 
22.12.93 
Com.  Dec. 
(ECSC)N°.  1751/94 

L308, 21.12.95 

L333, 31.12.93 

L182,  16.07.94 

Com. Dec. 
(ECSC)  N°. 55/96 
15.01.96 
Com. Dec. 
(EC) N°. 511/91 
23.09.91 
Council Reg. 
(EC) N°. 2513/97 
15.12.97 
Council Reg: 
(EC) N°. 1490/96 
23.07.96 

Council Reg. 
(EC)N°.  1074/96 
14.06.96 

L12.  17.01.96 

L272, 28.09.91 

L346,  17.12.97 

L189. 30.07.96 

L141,  14.06.96 

M--m 

HlfeOrigin 

--; 

M e a s u r e: 

Regulation  N °. 

..Ws$v>:•::•> ;. 
Polyester yarns (PTY) 

. P r o d u ct  '^  • 

Polyethylene/polypropylene  sacks 

Polyolefin woven sacks and bags 

Potassium chloride 

Potassium  permanganate 

Ring binder  mechanisms 

Taiwan 

Duties 

Indonesia 
Thailand 

Duties 

Malaysia 

Duties 

India 
Indonesia 
Thailand 
P.R.  China 

Belarus 
Russia 
Ukraine 
P.R.  China 

P.R.  China 
Malaysia 

Duties 

Duties 

Duties 

Duties 

Duties 

Salmon  (Anti-dumping) 

Norway 

Duties 

Undertakings 

Salmon (CVD) 

Norway 

Duties 

O J  Reference 
L141,  14.06.96 

L289,  12.11.96 

L145,  5.06.97 

L276, 9.10.97 

L284,  16.10.97 

L80, 24.03.94 

L298,  19.11.94 

L22,  24.01.97 

L267, 30.09.97 

L322, 25.11.97 

Council Reg. 
(EC)N°.  1074/96 
14.06.96 
Council Reg. 
(EC) N°. 2160/96 
11.11.96 
Council Reg. 
(EC)N°.  1001/97 
2.06.97 
Council Reg. 
(EC)N°.  1950/97 
6.10.97 
Council Reg. 
(EC) N°. 2003/97 
13.10.97 
Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 2819/94 
17.11.94 
Council Reg. 
(EC)N°.  119/97 
20.01.97 
Council Reg. 
(EC)N°.  1890/97 
26.09.97 
Com.  Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC)N°.  1891/97 
26.09.97 
Com.  Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 

Undertakings 

Duties 

Seamless steel pipes and tubes 

Silicon carbide 

Czech  Republic 
Hungary 
Poland 
Romania 
Russia 
Slovak  Republic 

P.R.  China 
Poland 
Russia 
Ukraine 

Undertakings 

Duties 

Com.  Dec. 
(EC) N°.790/97 
24.10.97 

,  Council Reg. 
(EC) N°. 821/94 
12.04.94 

L94,  13.04.94 

Russia 

Undertakings 

Silicon metal 

Brazil 

Duties 

P.R.  China 

Duties 

Sisal twine 

Brazil 

Undertakings 

Com.  Dec. 
(EC) N°. 202/94 
9.03.94 
Council Reg. 
(EC) N°. 2305/92 
4.08.92 
Council Reg. 
(EC) N°. 2496/97 
11.12.97 

Com.  Dec. 
(EC) N°. 521/93 
3.09.93 

L222, 7.08.92 

L345,  16.12.97 

L251, 8.10.93 

s^<*M»& ^ i S v \ ^ ; P r o d u c l « , % i i ^;  'V-w* ïaa& 
Synthetic textile fibres of polyester 

^ M O r i g i n ^; 

India 
South Korea 

'.tMeâsure;^ 
Duties 

Taiwan 

Duties 

Television camera  systems 

Japan 

Duties 

Televisions  (colour) 

Televisions  (small-screen  colour) 

Tube and pipe fitting, of iron or steel 

P.R.  China 
Malaysia 
Singapore 
South Korea 
Thailand 
P.R. China 

Duties 

Duties 

South Korea 

Duties 

P.R.  China 
Croatia 
Thailand 

Croatia 
Thailand 

Duties 

Undertakings 

Tungsten carbide and fused tungsten carbide 

P.R.  China 

Duties 

Tungsten ores and concentrates 

P.R.  China 

Duties 

Tungstic oxide and acid 

P.R.  China 

Duties 

Typewriter  ribbons 

P.R.  China 

Duties 

Unwrought  magnesium 

Undertakings 

Russia 
Ukraine 

Duties 

Undertakings 

Urea 

Russia 

Duties 

/o2 

Regulation  N?.^ 
Council Reg. 
(EC)  N°. 54/93 
8.01.93 
Council Reg. 
(EC)  N°. 3017/92. 
19.10.92 
Council Reg. 
(EC)N°.  1054/94 
29.04.94 
Council Reg. 
(EC) N°. 710/95 
27.03.95 

O J R e f e r e n c || 

L9,  15.01.93 

L306, 22.10.92 

L111,30.04.94 

L73, 1.04.95 

Council Reg. 
(EC) N°. 2093/91 
15.07.91 
Council Reg. 
(EC)N°.  1048/90 
25.04.90 
Council Reg. 
(EC)  N°. 584/96 
11.03.96 

Com. Dec. 
(EC)  N°. 252/96 
1.03.96 
Council Reg. 
(EC)  N°. 2737/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC)  N°. 2735/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2736/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC)  N°. 3200/90 
5.11.90 
Com. Dec. 
(EC)  N°.  1937/90 
5.11.90 
Council Reg. 
(EC)N°.  1347/96 
2.07.96 
Com. Dec. 
(EC)  N°. 422/96 
25.06.96 
Council Reg. 
(EC) N°. 477/95 
16.01.96 

L195,  18.07.91 

L107, 27.04.90 

L84, 3.04.96 

L264, 27.09.90 

L64, 22.03.95 

L264, 27.09.90 

L64, 22.03.95 

L264, 27.09.90 

L64, 22.03.95 

L306, 6.11.90 

L174, 4.07.90 

L174,  12.07.96 

L49, 4.03.95 

SHHHHMHH^ii^^ 
Urea ammonium  nitrate 

Video cassette tapes 

Zinc (unwrought  unalloyed) 

4HHHr^v*iflrtttttllMtl 

Bulgaria 
Poland 

Bulgaria 
Poland 

Duties 

Undertakings 

Hong Kong 
South Korea 

* 

Duties 

Hong Kong 

Undertakings 

Poland 
Russia 

Duties 

Poland 

Undertakings 

lOJffleTel^nc^ 
L350, 31.12.94 

L174, 22.06.89 

L272, 4.10.97 

•Rfgffijipnftf^i 
Council Reg. 
(EC) N°. 3319/94 
22.12.94 
Council Reg. 
(EC) N°. 825/94 
12.12.94 
Council Reg. 
(EC) N°. 1708/89 
19.06.89 
Com. Dec. 
(EC)  N°.376/89 
19.06.89 
Council Reg. 
(EC) N°. 1931/97 
22.09.97 
Com. Dec. 
(EC)  N°.644/97 
3.09.97 

* Measures against  Iceland and Norway suspended by Council Regulation (94/057EC), OJ L 3, 05.01.94 

ANNEX P 

DEFINITIVE MEASURES IN FORCE 
ON 31st DECEMBER  199? 
(ranked by country) 

*  O r i g i n ; - ,/ 

Belarus 

- - ^ H \ ^ ^ $ p P r o d u c t ;^ 

^ 
Polyester filament tow 

:  .".  \ 

^ M e a s u re £ 
Duties 

Polyester staple fibre 

Potassium  chloride 

Brazil 

Ferro-silico-manganese 

Ferro-silicon 

Pig iron  (haematite) 

Silicon  metal 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Sisal twine 

Undertakings 

Bulgaria 

Urea ammonium  nitrate 

Duties 

P.R.  China 

Activated powdered carbon 

Artificial  corundum 

Bicycles 

Bicycle parts 

Calcium  metal 

Chamottes (refractory) 

Coumarin 

Dihydrostreptomycin 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

/o£ 

t£Regûlatiqri]N0;'C 
Council Reg. 
(EC) N°. 2513/97 
15.12.97 
Council Reg. 
(EC)  N°. 1490/96 
23.07.96 
Council Reg. 
(EC)  N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Council Reg. 
(EC)  N°. 3359/93 
2.12.93 
Com.  Dec. 
(ECSC)N0.  1751/94 

Council Reg. 
(EC)  N°. 2305/92 
4.08.92 
Com.  Dec. 
(EC) N°. 521/93 
3.09.93 
Council Reg. 
(EC) N°.  3319/94 
22.12.94 
Council Reg. 
(EC)  N°. 825/94 
12.12.94 
Council Reg. 
(EC)  N°. 1006/96 
3.06.96 
Council Reg. 
(EC)N°.  1951/97 
6.10.97 
Council Reg. 
(EC)  N°. 2474/93 
8.09.93 
Council Reg. 
(EC)  N°. 71/97 
10.01.97 
Council Reg. 
(EC)  N°. 2557/94 
19.10.94 
Council Reg. 
(EC)N°.  137/96 
22.01.96 
Council Reg. 
(EC) N°. 600/96 
25.03.96 
Council Reg. 
(EC) N°. 3836/91 
19.12.91 

OJ  Reference 
L346,  17.12.97 

L189, 30.07.96 

L80, 24.03.94 

L248,  14.10.95 

L302, 9.12.93 

L182,  16.07.94 

L222, 7.08.92 

L251, 8.10.93 

L350, 31.12.94 

L350, 31.12.94 

L134, 5.06.96 

L276, 9.10.97 

L228, 9.09.93 

L16,  18.01.97 

L270, 21.10.94 

L21, 27.01.96 

L86, 4.04.96 

L362, 31.12.91 

Ferro-silicon 

Fluorspar 

Footwear  (textile) 

Furfuraldehyde 

Handbags  (leather) 

Lighters  (disposable) 

Magnesia (deadbumed) 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Magnesium oxide (caustic magnesite) 

Duties 

Microdisks 

Microwave ovens 

Peroxidisulphates 

Photo albums 

Polyolefin woven sacks and bags 

Potassium  permanganate 

Ring binder  mechanisms 

Silicon carbide 

Silicon metal 

Televisions  (colour) 

Televisions (small-screen  colour) 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Tube and pipe fitting, of iron or steel 

Duties 

/of 

! . W l' 
Council Reg. 
(EC) N°. 621/94 
17.03.94 
Council Reg. 
(EC) N°. 486/94 
4.03.94 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 95/95 
16.01.95 
Council Reg. 
(EC) N°. 1567/97 
1.08.97 
Council Reg. 
(EC)N°.  1006/95 
3.04.95 
Council Reg. 
(EC) N°. 3386/93 
6.12.93 
Council Reg. 
(EC) N°. 1473/93 
14.06.93 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 2961/95 
18.12.95 
Council Reg. 
(EC) N°. 3664/93 
22.12.93 
Council Reg. 
(EC) N°. 2003/97 
13.10.97 
Council Reg. 
(EC) N°. 2819/94 
17.11.94 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 2496/97 
11.12.97 
Council Reg. 
(EC)  N°. 710/95 
27.03.95' 
Council Reg. 
(EC) N°. 2093/91 
15.07.91 
Council Reg. 
(EC) N°. 584/96 
11.03.96 

L77, 19.03.94 

L62, 5.03.94 

L298, 1.11.97 

L15, 21.01.95 

L208, 2.08.97 

L101, 4.05.95 

L306, 11.12.93 

L145, 17.06.93 

L262, 21.10.93 

L2, 4.01.96 

L308, 21.12.95 

L333, 31.12.93 

L284, 16.10.97 

L298, 19.11.94 

L22, 24.01.97 

L94, 13.04.94 

L345, 16.12.97 

L73, 1.04.95 

L195, 18.07.91 

L84, 3.04.96 

Tungsten carbide and fused tungsten carbide 

warnem 
Duties 

wBM^mmMmm&mm 

L264, 27.09.90 

Council Reg. 
(EC) N°. 2737/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2735/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) N°. 2736/90 
24.09.90 
Council Reg. 
(EC) N°. 610/95 
20.03.95 
Council Reg. 
(EC) Kl°. 3200/90 
5.11.90 
Com. Dec. 
(EC) N°. 1937/90 
5.11.90 
Council Reg. 
(EC) N°. 584/96 
11.03.96 
Com. Dec. 
(EC) N°. 252/96 
1.03.96 
Com. Dec. 
(ECSC) N°. 55/96 
15.01.96 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC) N°.790/97 
24.10.97 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 
Council Reg. 
(EC) N°. 3642/92 
14.12.92 
Com. Dec. 
(EC) N°. 331/92 
30.06.92 
Council Reg. 
(EC) N°. 2199/94 
9.09.94 
Council Reg. 
(EC) N°. 1768/89 
19.06.89 
Com. Dec. 
(EC) N°.376/89 
19.06.89 

L264, 27.09.90 

L264, 27.09.90 

L306, 6.11.90 

L174, 4.07.90 

L84, 3.04.96 

L84, 3.04.96 

L12,  17.01.96 

L322, 25.11.97 

L322, 25.11.97 

L332, 4.12.97 

L369,  18.12.92 

L183, 3.07.92 

L236,  10.09.94 

L174, 22.06.89 

L174, 22.06.89 

Tungsten ores and concentrates 

Duties 

Tungstic oxide and acid 

Duties 

Typewriter  ribbons 

Duties 

Undertakings 

Croatia 

Tube and pipe fitting, of iron or steel 

Duties 

Czech Republic 

Pig iron (haematite) 

Seamless steel pipes and tubes 

Egypt 

Bed linen (cotton-type) 

Ferro-silicon 

Hong Kong 

Microdisks 

Video cassette tapes 

Undertakings 

Duties 
Undertakings 

Duties 

Undertakings 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Undertakings 

>°7 

Hungary 

•wtmÊmtmÈsmm 
Seamless steel pipes and tubes 

Iceland 

Ferro-silicon* 

India 

Bed linen (cotton-type) 

Duties 

Undertakings 

Duties 

Duties 

Polyethylene/polypropylene  sacks 

Duties 

Synthetic textile fibres of  polyester 

Duties 

Indonesia 

Bicycles 

Footwear (textile) 

Duties 

Duties 

Glutamic acid (monosodium  glutamate) 

Duties 

Polyester yarns (PTY) 

Duties 

Polyethylene/polypropylene  sacks 

Duties 

Japan 

Advertising  matches 

Electrolyte capacitors 

Electronic weighing scales 

Lighters (disposable) 

Microdisks 

Television camera systems 

Kazakhstan 

Ferrochrome (low-carbon) 

Ferro-silicon 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Lithuania 

Ammonium nitrate fertilizer 

Undertakings 

/of 

m B M— 
L322, 25.11.97 

L322, 25.11.97 

L302, 9.12.93 

L91,  12.04.96 

L276, 9.10.97 

L9,  15.01.93 

L91, 12.04.96 

L298, 1.11.97 

L15, 20.01.96 

L289, 12.11.96 

L276, 9.10.97 

L284,  16.10.97 

L353, 3.12.92 

L104,  29.04.93 

L326, 28.11.91 

L262, 21.10.93 

L111,30.04.94 

L246, 2.10.93 

L302, 9.12.93 

L129,  21.05.94 

Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com.  Dec. 
(EC) N°.790/97 
24.10.97 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 
Council Reg. 
(EC) N°. 1950/97 
6.10.97 
Council Reg. 
(EC)  N°. 54/93 
8.01.93 
Council Reg. 
( E C ) V.  648/96 
28.03.96 
Council Reg. 
(EC) N°. 2155/97 
29.10.97 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Council Reg. 
(EC) N°. 2160/96 
11.11.96 
Council Reg. 
(EC) N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 2025/97 
15.10.97 
Council Reg. 
(EC) N°. 3482/92 
30.11.92 
Council Reg. 
(EC) N°. 993/93 
26.04.93 
Council Reg. 
(EC) N°. 3433/91 
25.11.91 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC)N°.  1054/94 
29.04.94 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Com.  Dec. 
(EC)  N°. 293/94 
13.04.94 

SÊUÊU^n^nÊÊÊÊÊ 

mmÈBËÊgmm^^ 

Malaysia 

Bicycles 

fgfrffeaSIïî^y 
Duties 

Microdisks 

Microwave ovens 

Polyester yarns (PTY) 

Ring binder  mechanisms 

Televisions  (colour) 

Mexico 

Lighters  (disposable) 

Microdisks 

Norway 

Ferro-silicon* 

Salmon  (Anti-dumping) 

Duties 

Duties 

Duties 

Duties 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Duties 

Undertakings 

Salmon (CVD) 

Duties 

Pakistan 

Bed linen (cotton-type) 

Philippines 

Lighters  (disposable) 

Undertakings 

Duties 

Duties 

Undertakings 

Poland 

Ferro-silicon 

Duties 

Undertakings 

;o9 

I Q J M f e r e n ç cl 

L91,  12.04.96 

L92, 13.04.96 

L2, 4.01.96 

L145, 5.06.97 

L22, 24.01.97 

L73, 1.04.95 

L65, 6.03.97 

L65, 6.03.97 

L92,  13.04.96 

L302, 9.12.93 

L267, 30.09.97 

L267, 30.09.97 

L267, 30.09.97 

L332, 4.12.97 

L65, 6.03.97 

L65, 6.03.97 

L369,18.12.92 

L369, 18.12.92 

jBmB»unwfçjî ^fwfffitfffiïffffi^w^^rTTwWWF 
Council Reg. 
(EC) N°. 648/96 
28.03.96 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 1001/97 
2.06.97 
Council Reg. 
(EC)N°.  119/97 
20.01.97 
Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC)" N°. 423/97 
3.03.97 
Com. Dec. 
(EC)  N°.  167/97 
25.02.97 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC)  N°. 3359/93 
2.12.93 
Council Reg. 
(EC) N°.  1890/97 
26.09.97 
Com. Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC)N°.  1891/97 
26.09.97 
Com. Dec. 
(EC) N°. 634/97 
26.09.97 
Council Reg. 
(EC) N°. 2398/97 
28.11.97 
Council Reg. 
(EC) N°: 423/97 
3.03.97 
Com. Dec. 
(EC) N°. 167/97 
25.02.97 
Council Reg. 
(EC) N°. 3642/92 
14.12.92 
Com. Dec. 
(EC) N°. 572/92 
14.12.92 

Mvië3swaM«Rey..ia-,if,-mNMi|«o-iyrf.^-SrCT| 

Flat pallets of wood 

Duties 

Pig iron (haematite) 

Seamless steel pipes and tubes 

Silicon carbide 

Urea ammonium  nitrate 

Undertakings 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Undertakings 

Zinc (unwrought  unalloyed) 

Duties 

Undertakings 

Romania 

Seamless steel pipes and tubes 

Duties 

Russia 

Ammonium  nitrate fertilizer 

Calcium  metal 

Ferrochrome  (low-carbon) 

Ferro-silico-manganese 

Ferro-silicon 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Duties 

Grain-oriented electrical steel sheets 

Duties 
Undertakings 

Council Reg. 
(EC) N°. 2334/97 
24.11.97 
Com. Dec. 
(EC) N°. 1023/97 
6.06.97 
Com. Dec. 
(ECSC) N°.  1751/94 

Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com. Dec. 
(EC)  N°.790/97 
24.10.97 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 3319/94 
22.12.94 
Council Reg. 
(EC) N°. 825/94 
12.12.94 
Council Reg. 
(EC) N°. 1931/97 
22.09.97 
Com. Dec. 
(EC)  N°.644/97 
3.09.97 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Council Reg. 
(EC) N°. 2022/95 
16.08.95 
Council Reg. 
(EC) N°. 2022/95 
16.08.95 
Council Reg. 
(EC) N°. 2557/94 
19.10.94 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Com. Dec. 
(ECSC)  N°. 303/96 

Isobutanol 

Pig iron  (haematite) 

Duties 

Duties 

Council Reg. 
(EC) N°. 721/94 
29.03.94 
Com. Dec. 
(ECSC)N°.  1751/94 

nQ 

L324, 27.11.97 

L150, 7.06.97 

L182,  16.07.94 

L322, 25.11.97 

L322, 25.11.97 

L94,  13.04.94 

L350, 31.12.94 

L350, 31.12.94 

L272, 4.10.97 

L272, 4.10.97 

L322, 25.11.97 

L322, 25.11.97 

L198, 23.08.95 

L270, 21.10.94 

L246, 2.10.93 

L248,  14.10.95 

L302, 9.12.93 

L42, 20.02.96 

L87, 31.03.94 

L182,  16.07.94 

Potassium chloride 

Seamless steel pipes and tubes 

Silicon carbide 

Duties 

Duties 

Duties 

Undertakings 

Unwrought  magnesium 

Duties 

Urea 

Zinc (unwrought  unalloyed) 

Singapore 

Electronic weighing scales 

Televisions  (colour) 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Slovak  Republic  Seamless steel pipes and tubes 

Duties 

South Africa 

Ferro-silico-manganese 

Ferro-silicon 

South Korea 

Electrolyte  capacitors 

Electronic weighing scales 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Glutamic acid (monosodium  glutamate) 

Duties 

Microdisks 

Microwave ovens 

Duties 

Duties 

Synthetic textile fibres of polyester 

Duties 

/// 

Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Com.  Dec. 
(EC) N°. 202/94 
9.03.94 
Council Reg. 
(EC)N°.  1347/96 
2.07.96 
Com.  Dec. 
(EC) N°. 422/96 
25.06.96 
Council Reg. 
( E C ) V.  477/95 
16.01.96 
Council Reg. 
(EC) N°. 1931/97 
22.09.97 
Council Reg. 
(EC) N°. 2887/93 
20.10.93 
Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC) N°. 2320/97 
17.11.97 
Com.  Dec. 
(EC)  N°.790/97 
24.10.97 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Council Reg. 
(EC) N°. 621/94 
17.03.94 
Council Reg. 
(EC)N°.  1384/94 
13.06.94 
Council Reg. 
(EC) N°. 2887/93 
20.10.93 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Council Reg. 
(EC) N°. 2199/94 
9.09.94 
Council Reg: 
(EC)  N°.  5/96 
22.12.95 
Council Reg. 
(EC)  N°. 54/93 

'  8.01.93 

L80, 24.03.94 

L322, 25.11.97 

L94, 13.04.94 

L94, 13.04.94 

L174, 12.07.96 

L174, 12.07.96 

L49, 4.03.95 

L272, 4.10.97 

L263, 22.10.93 

L73,  1.04.95 

L322, 25.11.97 

L322, 25.11.97 

L248,  14.10.95 

L77,  19.03.94 

L152, 18.06.94 

L263, 22.10.93 

L15, 20.01.96 

L236, 10.09.94 

L2, 4.01.96 

L9, 15.01.93 

Talovicinns  /r:nlniir\ 
Televisions  (colour) 

I 

Duties 

Televisions  (small-screen  colour) 

Video cassette tapes 

Taiwan 

Electrolyte capacitors 

Duties 

Duties 

Duties 

Glutamic acid (monosodium  glutamate) 

Duties 

Microdisks 

Polyester yarns (PTY) 

Duties 

Duties 

Synthetic textile fibres of polyester 

Duties 

Thailand 

Ball-bearings (CVD) 

Duties 

Bicycles 

Lighters (disposable) 

Microwave ovens 

Polyester yarns (PTY) 

Undertakings 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Polyethylene/polypropylene  sacks 

Duties 

Televisions (colour) 

Duties 

Tube and pipe fitting, of iron or steel 

Duties 

Undertakings 

/>JL 

Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC)N°.  1048/90 
25.04.90 
Council Reg. 
(EC) N°. 1768/89 
19.06.89 
Council Reg. 
(EC) N°. 1384/94 
13.06.94 
Council Reg. 
(EC) N°. 81/96 
19.01.96 
Council Reg. 
(EC) N°. 2861/93 
18.10.93 
Council Reg. 
(EC) N°. 1074/96 
14.06.96 
Council Reg. 
(EC) N°. 3017/92 
19.10.92 
Council Reg. 
(EC) N°. 2271/94 
19.09.94 
Com.  Dec. 
(EC) N°. 639/94 
3.08.94 
Council Reg. 
(EC) N°. 648/96 
28.03.96 
Council Reg. 
(EC) N°. 423/97 
3.03.97 
Com.  Dec. 
(EC) N°. 167/97 
25.02.97 
Council Reg. 
(EC) N°. 5/96 
22.12.95 
Council Reg. 
(EC) N°. 2160/96 
11.11.96 
Council Reg. 
(EC) N°. 1950/97 
6.10.97 
Council Reg. 
(EC) N°. 710/95 
27.03.95 
Council Reg. 
(EC) N°. 584/96 
11.03.96 
Com.  Dec. 
(EC) N°. 252/96 
1.03.96 

L73,  1.04.95 

L107, 27.04.90 

L174, 22.06.89 

L152, 18.06.94 

L15, 20.01.96 

L262, 21.10.93 

L141, 14.06.96 

L306, 22.10.92 

L247, 22.09.94 

L247, 22.09.94 

L91, 12.04.96 

L65, 6.03.97 

L65, 6.03.97 

L2, 4.01.96 

L289, 12.11.96 

L276, 9.10.97 

L73, 1.04.95 

L84, 3.04.96 

L84, 3.04.96 

JgjMMM^MTMMM 

Turkey 

Polyester fibres and yarns (CVD) 

Polyester yarns (POY and PTY) 

Ukraine 

Ferrochrome (low-carbon) 

Ferro-silico-manganese 

Ferro-silicon 

Pig iron (haematite) 

Potassium chloride 

Silicon carbide 

Unwrought  magnesium 

USA 

Ethanolamines 

Microdisks 

Venezuela 

Ferro-silicon 

fgtyftfe^fflfli 
Undertakings 

Duties 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Duties 

Duties 

Duties 

Undertakings 

Duties 

Duties 

Duties 

i>BHKv»»^&55s5ra»SftM(!swiR«!B*l» 
Com. Dec. 
(EC) N°. 511/91 
23.09.91 
Council Reg. 
(EC) N°. 1074/96 
14.06.96 
Council Reg. 
(EC) N°. 2717/93 
28.09.93 
Council Reg. 
(EC) N°. 2413/95 
6.10.95 
Com.  Dec. 
(EC) N°. 418/95 
26.07.95 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 
Com.  Dec. 
(ECSC)  N°.  1751/94 

Council Reg. 
(EC) N°. 643/94 
21.03.94 
Council Reg. 
(EC) N°. 821/94 
12.04.94 
Council Reg. 
(EC) N°. 1347/96 
2.07.96 
Com.  Dec. 
(EC) N°. 422/96 
25.06.96 
Council Reg. 
(EC) N°. 229/94 
1.02.94 
Council Reg. 
(EC) N°. 663/96 
28.03.96 
Council Reg. 
(EC) N°. 3359/93 
2.12.93 

mmmmm 
L272, 28.09.91 

L141,  14.06.96 

L246, 2.10.93 

L248, 14.10.95 

L248, 14.10.95 

L302, 9.12.93 

L182,  16.07.94 

L80, 24.03.94 

L94,  13.04.94 

L174,  12.07.96 

L174,  12.07.96 

L28, 2.02.94 

L92, 13.04.96 

L302, 9.12.93 

Measures against Iceland and Norway suspended by Council Regulation (94/05/EC), OJ L 3, 05.01.94 

ISSN 0254-1475 

COM(98) 482 final 

DOCUMENTS 

EN 

02  17  11  01 

Catalogue  number  :  CB-CO-98-489-EN-C 

ISBN  92-78-38573-5 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

nu