2000/73/EC: Commission Decision of 31 January 2000 terminating the anti-dumping proceeding concerning imports of television camera systems originating in the United States of America (notified under document number C(2000) 208)
Date: 2000-01-31
Institutions: European Commission
Subjects: United States, anti-dumping legislation, audiovisual equipment, import, originating product, recording equipment

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EN

Official Journal of the European Communities

1. 2. 2000

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 31 January 2000

terminating the anti-dumping proceeding concerning imports of television camera systems origin-
ating in the United States of America

(notified under document number C(2000) 208)

(2000/73/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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), as last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

the Commission received a
On 7 December 1998,
complaint concerning the alleged injurious dumping by
imports of
(hereinafter
referred to as ‘TCS’) originating in the United States of
America (hereinafter referred to as ‘the USA’).

television camera

systems

The complaint was lodged by Philips BTS Broadcast
Television Systems BV (hereinafter referred to as ‘the
complainant’)
representing a major proportion of
Community production of TCS pursuant to Articles 4(1)
and 5(4) of Council Regulation (EC) No 384/96 (herein-
after referred to as the ‘basic Regulation’).

The complaint contained prima facie evidence of
the
injury resulting
existence of dumping and of material
therefrom, which was considered sufficient to justify the
initiation of an anti-dumping proceeding.

(5)

(6)

(7)

(8)

The Commission, after consultation, by a notice in the
Official
Journal of the European Communities (3), accord-
ingly initiated an anti-dumping proceeding concerning
imports into the Community of TCS, currently classifi-
able
under CN codes 8525 30 90, 8537 10 91,
8537 10 99, 8529 90 81, 8529 90 88, 8543 89 95,
8528 21 14, 8528 21 16, 8528 21 90 and originating
in the USA.

advised the

exporting
The Commission officially
producer and importers known to be concerned as well
as the representatives of the exporting country and the
Community producers, about
the
proceeding.
Interested parties were given the oppor-
tunity to make their views known in writing and to
request a hearing within the time limit set out in the
notice of initiation.

the initiation of

The exporting producer in the country concerned, as
well as the Community producers and importers made
their views known in writing. All parties who so
requested within the above time limit and indicated that
there were particular reasons why they should be heard
were granted a hearing.

The Commission sent questionnaires
to all parties
known to be concerned and to all other companies
which made themselves known to the Commission
within the deadline set by the notice of initiation.

The Commission sought and verified all the information
it deemed necessary for the purpose of a determination
of dumping, injury and Community interest and carried
out
the following
companies:

the premises of

investigations at

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

(3) OJ C 17, 22.1.1999, p. 4.

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Official Journal of the European Communities

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(a) Community producers

— Philips BTS Broadcast Television Systems BV

(Breda, The Netherlands)

— Thomson Broadcast Systems (Cergy-Saint Chris-
tophe, France) (hereinafter referred to as ‘Thom-
son’);

(b) Importer

— Sony Broadcast and Professional Europe (Basing-

stoke, UK).

(c) Exporting producer

— Sony Professional Products Company (Boca
Ratón, USA) (hereinafter referred to as ‘Sony’).

(9)

The investigation of dumping covered the period from 1
January 1998 to 31 December 1998 (hereinafter
referred to as the ‘investigation period’). The examination
of injury covered the period from 1 January 1995 up to
the end of the investigation period (hereinafter referred
to as the ‘period considered’).

B. PRODUCT UNDER CONSIDERATION AND LIKE

PRODUCT

(10)

The product under consideration in this proceeding is
issue in the proceeding
the same as
the one at
concerning TCS originating in Japan (1),
i.e. television
camera systems, consisting of a combination of
the
following parts, imported either together or separately:

(a) a camera head with three or more sensors (12 mm
or more charge-coupled devices) with more than
400 000 pixels each, which can be connected to a
rear adapter, and having a specification of the signal
to noise ratio of 55 dB or more at normal gain;
either in one piece with the camera head and the
adapter in one housing, or separate;

(b) a viewfinder (diagonal of 38 mm or more);

(c) a base station or camera control unit
connected to the camera by a cable;

(CCU)

(d) an operational control panel

for camera
control (i.e. for colour adjustment lens opening or
iris of single cameras);

(OCP)

(11)

(12)

(e) a master control panel (MCP) or master set-up unit
(MSU) with selected camera indication, for the over-
view and for adjustment of several remote cameras.

This product is currently classifiable under CN codes
8525 30 90, 8537 10 91, 8537 10 99, 8529 90 81,
8529 90 88, 8543 89 95, 8528 21 14, 8528 21 16,
8528 21 90.

The Commission found no indications that there were
differences in the basic physical and technical character-
istics and uses of the TCS produced in the USA and
either
sold on the American domestic market or
exported from the USA to the Community. The invest-
igation also showed that the products manufactured and
sold by the Community industry on the Community
market and those imported in the Community from the
USA had the same basic technology and were both
produced according to world-wide applicable industry

(1) Council Regulation (EC) No 1015/94 of 29 April 1994 imposing a
definitive
television camera
systems originating in Japan, as last amended by Regulation (EC) No
193/1999 (OJ L 22, 29.1.1999, p. 10).

anti-dumping duty on imports of

standards. Both products had also the same uses, and
they were
and were
consequently interchangeable
competing with each other. Therefore, in the light of the
above,
the TCS manufactured in the USA and sold
domestically or exported to the Community and the TCS
manufactured and sold by the Community industry on
the Community market are like products within the
meaning of Article 1(4) of the basic Regulation.

C. DUMPING

(13)

The investigation has shown the existence of dumping
as regards the sole exporting producer known in this
proceeding.

D. INJURY AND CAUSALITY

(14) Within the Community, the product concerned is manu-
factured by the complainant and Thomson. Both
companies cooperated in the investigation. They there-
fore constitute the Community industry since they
account for 100 % of the total Community production
of the product concerned within the meaning of Article
4(1) of the basic Regulation.

(15)

The investigation showed that the Community industry
suffered material injury within the meaning of Article
3(1) of the basic Regulation. It was also determined that
this injury had been caused by the dumped imports
from the USA.

(16)

(17)

(18)

E. SUBSEQUENT EVENTS TO THE INITIATION OF THE

PROCEEDING

Subsequent to the initiation of the proceeding, the sole
exporting producer concerned, i.e. Sony, informed the
Commission that it was definitively discontinuing its
manufacturing activities of TCS in the USA, which were
going to be definitively transferred to the Community.
The Commission services visited Sony's premises and
manufacturing plant in the USA in order to verify this
It was confirmed in the course of that
information.
verification visit that Sony was phasing out its produc-
tion of TCS in the USA with a view of closing down its
manufacturing facilities for TCS in the USA as from
them to the
September 1999 and
Community. The company made an official announce-
ment to this effect on 27th September 1999 stating that
this transfer would be concluded by December 1999.

transferring

In the absence of any other producer of TCS in the USA,
and in view of the definitive discontinuation of the
manufacturing of the product concerned in the USA,
imports of TCS from the USA will cease as from
December 1999. In these circumstances no protective
measures are necessary.

F. TERMINATION OF THE PROCEEDINGS

The Community industry was informed of the essential
facts and considerations on the basis of which the
Commission intended to terminate these proceedings.
Subsequently the Community industry made known its
views, which were then examined in detail by the
Commission,

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Official Journal of the European Communities

1. 2. 2000

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping proceedings concerning imports of television camera systems, currently classifiable
within CN codes 8525 30 90, 8537 10 91, 8537 10 99, 8529 90 81, 8529 90 88, 8543 89 95,
8528 21 14, 8528 21 16 and 8528 21 90, and originating in the United States of America are hereby
terminated.

Done at Brussels, 31 January 2000.

For the Commission

Pascal LAMY

Member of the Commission