1999/607/EC: Commission Decision of 10 September 1999 terminating the anti-dumping review concerning imports of personal fax machines originating in Japan and Singapore (notified under document number C(1999) 2888)
Date: 1999-09-10
Institutions: European Commission
Subjects: Japan, Singapore, anti-dumping duty, anti-dumping legislation, facsimile

11. 9. 1999

EN

Official Journal of the European Communities

L 241/19

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 10 September 1999

terminating the anti-dumping review concerning imports of personal fax machines originating in
Japan and Singapore

(notified under document number C(1999) 2888)

(1999/607/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Review

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1) (here-
after referred to as ‘the basic Regulation’), as last amended by
Regulation (EC) No 905/98 (2), and in particular Article 9
thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

Measures in force

(1)

(2)

By Regulation (EC) No 904/98 (3) the Council imposed a
definitive anti-dumping duty on imports of personal fax
machines, falling within CN code ex 8517 21 00 and
originating,

in Japan and Singapore.

inter alia,

The products concerned, as defined in Regulation (EC)
No 904/98, are fax machines with a weight of five
kilograms or less, with dimensions (width × depth ×
height) of
the main body measuring 470 mm ×
450 mm × 170 mm or less, with the exception of fax
machines using ink-jet or laser or LED printing tech-
nology.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 128, 30.4.1998, p. 1.

(3)

(4)

(5)

after

The Commission,
consultation, by a notice
published in the Official Journal of the European Commu-
nities (4), decided on its own initiative, pursuant
to
to initiate an
Article 11(3) of
interim review of the anti-dumping measures in force on
imports of personal fax machines originating in Japan
and Singapore.

the basic Regulation,

The decision to initiate the review followed a declaration
made by the Commission and annexed to the Minutes of
the Council session of 27 April 1998, whereby the
Commission agreed to re-examine the existing anti-
dumping measures concerning Japan and Singapore if
the producers/exporters concerned ‘would submit suffi-
cient evidence showing that the volume of the imports
concerned into the Community is not such as to con-
tribute substantially to the injury suffered by the
Community industry’. The reason for the declaration
was that the investigation showed (respectively) zero or
low levels of price undercutting for Japan and Singapore,
and that the market shares of the two countries had to
be assessed on the basis of estimates, due to the absence
of sufficient cooperation.

On the basis of the preliminary information received
from certain producers in the countries concerned, the
Commission considered that
sufficient
grounds to warrant the initiation of an exceptional early
the existing measures concerning
interim review of
Japan and Singapore. The review has been limited to the
issues of the import volumes and market shares of these
two countries on the Community market.

there were

(4) OJ C 64, 6.3.1999, p. 12.

L 241/20

EN

Official Journal of the European Communities

11. 9. 1999

(6)

(7)

(8)

(9)

(10)

Investigation

The Commission officially advised the producers/ex-
porters and the importers known to be concerned, as
well as the representatives of Japan and Singapore, of the
the investigation and gave the parties
opening of
concerned the opportunity to make their views known.

the market

The objective of the present review was to obtain an
accurate estimate of
share and export
volumes of the two countries concerned. The Commis-
sion needed data from all producers/exporters of
personal and business fax machines, in order to compare
them with Eurostat results, which aggregate imports of
business and personal faxes together. This comparison
was the only possibility to determine more precisely the
proportion of personal fax machines exported to the
European Community.

The Commission sent questionnaires to the producers/
exporters that participated in the investigation which led
to the existing measures, as well as to the producers/
exporters of fax machines that provided the preliminary
information on the basis of which this review was
initiated.

However, although the questionnaire for producers/
exporters was already sent in a simplified version to
these 29 producers of fax machines, only one producer
submitted a reply, which was only partially complete.

issued by the

In view of the low level of cooperation and of the
number of declarations
companies
concerned according to which they considered them-
selves to have no interest in providing any cooperation,
the Commission, considering the exceptional nature of
this review investigation, decided nevertheless to give a
further opportunity to the companies to provide a
minimum of data on exports concerning the year 1996
and a statement of their willingness to receive an on-the-
spot verification.

This second attempt was equally unsuccessful. The
majority of the producers did not provide the informa-

(11)

tion requested and only one company accepted an
on-the-spot verification visit.

The limited information submitted by the interested
parties in the course of the investigation is not such as
to provide evidence for the Commission to depart from
the findings of the original anti-dumping investigation
regarding import volumes and market share for Japan
and Singapore. Consequently, the conclusions drawn by
the Council in the course of the original investigation
remain valid and unchanged.

(12)

Interested parties have been informed about the facts
that led to the termination of the present investigation.

B. TERMINATION OF THE REVIEW

(13)

In view of the circumstances set out above, the Commis-
sion concludes that the anti-dumping review should be
terminated and the anti-dumping measures on imports
of the product concerned originating in Japan and Singa-
pore, as established by Regulation (EC) No 904/98,
should remain in force,

HAS ADOPTED THIS DECISION:

Sole Article

The review of the anti-dumping measures concerning imports
of personal fax machines, currently classifiable under CN code
ex 8517 21 00 and originating in Japan and Singapore,
is
hereby terminated.

Done at Brussels, 10 September 1999.

For the Commission

Leon BRITTAN

Vice-President