Commission Regulation (EC) No 837/2000 of 19 April 2000 imposing a provisional anti-dumping duty on imports of certain cathode-ray colour-television picture tubes originating in India, Malaysia, the People's Republic of China and the Republic of Korea
Date: 2000-04-19
Institutions: European Commission
Subjects: anti-dumping duty, electronic component, originating product, television equipment, third country

27.4.2000

EN

Official Journal of the European Communities

L 102/15

COMMISSION REGULATION (EC) No 837/2000

of 19 April 2000

imposing a provisional anti-dumping duty on imports of certain cathode-ray colour-television
picture tubes originating in India, Malaysia, the People's Republic of China and the Republic of
Korea

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 Council Regulation (EC) No 905/98 (2), and in
particular Article 7 thereof,

(5)

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

On 29 July 1999 the Commission announced by a
notice (hereinafter referred to as ‘Notice of Initiation’)
published in the Official Journal of the European Communi-
ties (3) the initiation of an anti-dumping proceeding with
regard to imports of certain cathode-ray colour-televi-
sion picture tubes originating in India, Lithuania,
the People's Republic of China and the
Malaysia,
Republic of Korea. Another notice,
clarifying the
product description, was published on 20 October
1999 (4) (see recital 7).

The proceeding was initiated following a complaint
lodged in June 1999 by the Task force against unfair
business
the sole
in Europe (TUBE) on behalf of
producer in the Community not related to exporting
producers
and
contained sufficient prima facie evidence of dumping
injury caused thereby to justify the
and of material
initiation of an anti-dumping proceeding.

abovementioned countries,

in the

The Commission officially advised the complainant
Community producer, exporting producers and impor-
ters known to be concerned as well as the authorities of
the exporting countries and the EC-Lithuania Associa-
tion Council, of the opening of the proceeding. Inter-
ested parties were given an opportunity to make their
views known in writing and to request a hearing within
the time limit set in the Notice of initiation. The Lith-
uanian authorities and a number of exporting producers
made their views known in writing. All parties which so
requested within the specified time limits were granted a
hearing.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ C 216, 29.7.1999, p. 3.
(4) OJ C 303, 20.10.1999, p. 5.

In order to allow exporting producers in the People's
Republic of China to submit a claim for market
economy status or
they so
wished, the Commission sent market economy status/
individual
to the Chinese
exporting producer known to be concerned and to the
representatives of that country.

claim forms

treatment,

individual

treatment

if

producer,

Community

complainant

The Commission sent questionnaires
to all parties
known to be concerned. Replies were received from the
sole
one
Community producer related to an exporting producer,
four exporters/producers in the countries concerned,
two related exporters/distributors and two importers in
the Community which were also users of the product
concerned. The Commission sought and verified all the
information deemed necessary for a provisional deter-
mination of dumping,
injury and Community interest
and carried out verification visits at the premises of the
following companies:

A. Community producer and related companies:

— Philips Components BV, Eindhoven, The Nether-

lands,

— Philips Components GmbH, Hamburg, Germany,

— Philips Components Miniwatt SA, Barcelona,

Spain,

— Philips Iberica SA, Barcelona, Spain,

— Philips SpA, Monza, Italy.

B. Exporting producers in the countries concerned:

(a) Lithuania

— AB Ekranas, Panevezys.

Distributor related to the exporting producer

— Farimex AS, Geneva, Switzerland.

(b) Malaysia

— Chunghwa Picture Tubes (M) SDN.BHD, Shah

Alam, Selangor Darul Ehsan,

— Samsung Electron Devices

(M) SDN.BHD,

Negeri Sembilan Darul Khusus.

(6)

The investigation of dumping and injury covered the
period from 1 July 1998 to 30 June 1999 (hereinafter
referred to as the ‘IP’). The examination of trends in the
context of the injury analysis covered the period from 1
January 1995 to 30 June 1999 (hereinafter referred to as
‘the period considered’).

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Official Journal of the European Communities

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B. PRODUCT

(7)

(8)

(9)

1. Product under consideration

The product under consideration is cathode-ray colour-
television picture tubes with a diagonal measurement of
the screen (i.e. the active part of the picture tube meas-
ured in a straight
line) exceeding 33 cm but not
exceeding 38 cm with a screen width/height ratio less
than 1,5 and with a pitch (i.e. the gap between two lines
of the same colour at the centre of the screen) of not
less than 0,4 mm, currently classifiable within CN code
ex 8540 11 11. After initiation of the investigation, the
definition of the product under consideration originally
stated in the Notice of initiation was clarified by the
complainant and the revised description given above
was published in the Official
the European
Communities on 20 October 1999 (see footnote 4).

Journal of

The product under consideration is commonly desig-
nated as 14 inch (35,6 cm) colour picture tubes (‘14
inch CPTs’) and is marketed as such. It is usually sold on
the market as a complete tube, which is the case for the
complainant Community producer. However,
some
exporting producers sold 14 inch CPTs before they were
completed, i.e. without one or more of the components
or requiring a further adjustment. In these cases, 14 inch
CPTs are described as ‘bare’ tubes (when certain compo-
nents are not included) or as tubes with ‘incomplete
adjustment’ (when an adjustment has not been made).
The investigation has shown that these tubes already
have all the essential characteristics of a complete 14
inch CPT in respect of their basic physical and technical
characteristics. Therefore, they form a single product
with complete 14 inch CPTs.

In addition, 14 inch CPTs as defined above were sold on
the market by some exporting producers despite certain
quality defects they had. These lower quality 14 inch
CPTs (usually referred to as ‘B grade’ or ‘second grade’ or
‘third grade’) are usually used in game machines rather
than televisions. Though their quality may be lower than
that of a complete 14 inch CPT of standard quality, they
have the same basic physical and technical characteris-
tics. Accordingly, these lower quality 14 inch CPTs are
also considered as being a single product together with
the complete 14 inch CPTs of standard quality as
defined above.

2. Like product

(10)

The Commission found that there was no difference
between the basic physical and technical characteristics
and uses of 14 inch CPTs exported to the Community
from the countries concerned and those manufactured
and sold in the Community by the Community industry
(as defined at recital 40). It was also found that there
was no difference between the 14 inch CPTs sold on the

Lithuanian and Malaysian markets (1) and those exported
from the countries concerned to the Community. It was
therefore concluded that both these 14 inch CPTs
produced and sold by the Community industry on the
Community market and those sold on the domestic
markets of Lithuania and Malaysia were, within the
meaning of Article 1(4) of Regulation (EC) No 384/96
(hereinafter referred to as ‘the Basic Regulation’), alike to
14 inch CPTs exported to the Community from the
countries under investigation.

C. DUMPING

1. Malaysia

1.1. Normal value

(11)

In accordance with Article 2(2) of the Basic Regulation,
the Commission first examined whether the domestic
concerned to independent
sales of
customers had been made in sufficient quantities and in
the ordinary course of trade.

the product

In the case of one company, sales of 14 inch CPTs on
the domestic market comprised complete tubes, tubes
with an incomplete adjustment and ‘bare’ tubes, which
all belong to the same single category of product
concerned (see recital 8). However, since this company's
exports to the Community were limited to complete
tubes, only these tubes were considered in the calcula-
tion of the normal value.

In the case of the other company, sales of the product
concerned on the domestic market comprised ‘bare’
tubes and complete tubes, while sales on the export
market were entirely composed of complete tubes. As
far as ‘bare’ tubes are concerned, they were excluded
from the calculation of normal value because they had
not been exported to the Community. As
regards
complete tubes, some of these tubes were of a lower
quality and sold for export for use in game machines
rather than televisions (see recital 9). Since the export
volume of these tubes of lower-quality was not signifi-
cant and since these products were sold on the domestic
market in limited quantities and not in the ordinary
course of trade, the Commission also excluded these
tubes from the calculation of normal value.

(1) Sales on the Malaysian market were used to determine the normal
value for India, the Republic of Korea and the People's Republic of
China (see recitals 17, 22 and 31 respectively).

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(12) On the basis of this approach, it was found that for both
exporting producers the domestic sales of complete
tubes represented more than 5 % of the export sales of
the like product to the Community and that all these
domestic sales were profitable. It was therefore estab-
lished that domestic sales of complete tubes were repres-
entative and in the ordinary course of trade, and they
were therefore used for the determination of normal
value, in accordance with Article 2(1) of the Basic Regu-
lation.

1.2. Export price

(13) As explained above, only sales of complete tubes of a
standard quality (i.e. excluding those of a lower quality)
were considered for the determination of the export
price. Since both exporting producers had only exported
complete
in the
Community, the export price was established on the
the prices actually paid or payable for the
basis of
product
to the
concerned when sold for
Community, in accordance with Article 2(8) of the Basic
Regulation.

to independent

customers

export

tubes

(14)

(15)

1.3. Comparison

The normal value and export prices were compared on
an ex-works basis. For the purpose of ensuring a fair
comparison, due allowance in the form of adjustments
was made for differences affecting price comparability,
in accordance with Article 2(10) of the Basic Regulation.
Accordingly, allowances for differences in discounts and
loading and
rebates,
ancillary costs, packing, credit, after-sales costs and
commissions were granted where applicable and justi-
fied.

insurance, handling,

transport,

1.4. Dumping margin

The dumping margin was established on the basis of a
comparison of the weighted average normal value with
the weighted average of export prices,
in accordance
with Article 2(11) and (12) of the Basic Regulation. This
comparison showed the existence of dumping,
the
dumping margin being equal to the amount by which
the normal value exceeded the export price. Expressed as
a percentage of the cif import price at the Community
border, duty unpaid, the provisional dumping margins
are as follows:

— Samsung Electron Devices (M) SDN.BHD: 1,9 %,

— Chunghwa Picture Tubes (M) SDN.BHD: 5,2 %.

2. India

2.1. Cooperation

(16)

Two companies were mentioned in the complaint as
producers of the product concerned, though for one
company no exports to the Community were known.
This company came forward and confirmed that it had
not exported the product concerned to the Community
during the
company, after having
requested an extension for the compilation of the ques-
tionnaire reply (which was granted), did not make any
submission. As a consequence this company was
informed that it would be regarded as a non-cooperating
party.

IP. The other

Exports of CPTs falling within CN code 8540 11 11
from India during the IP were substantial, and evidence
(i.e. questionnaire replies by importers) confirmed that
14 inch CPTs had actually been imported from that
country into the Community. As clear evidence of non-
cooperation existed, findings in respect of India were
established on the basis of the facts available, in accord-
ance with Article 18 of the Basic Regulation.

2.2. Normal value

(17)

In order not to reward non-cooperation, and in the
absence of a more appropriate basis, normal value was
established as the weighted average of
the highest
normal values determined for representative transactions
on the Malaysian domestic market for complete tubes.

2.3. Export price

(18)

The export price was established on the basis of
evidence of actual prices provided in the replies to the
questionnaire submitted by importers in the Community
which declared they had imported the product
concerned from India during the IP.

2.4. Comparison

(19)

The comparison of normal value and export price was
made on an ex-works basis, and at the same level of
trade, on the basis of the facts available. For the purpose
of ensuring a fair comparison between the normal value
and the export price, account was taken of differences in
discounts and rebates, transport,
insurance, handling,
loading and ancillary costs, packing, credit, after-sales
costs and commissions.

2.5. Dumping margin

Since these two Malaysian producers accounted for
almost all
the product
the Malaysian exports of
concerned to the Community, the provisional residual
dumping margin has been set at the level of the higher
of the two dumping margins established,

i.e. 5,2 %.

(20)

The comparison of normal value and export price
showed the existence of dumping. Expressed as a
percentage of the cif import price at the Community
border, duty unpaid, the provisional dumping margin is:

— all companies: 21,2 %.

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3. Republic of Korea

— all companies: 20,4 %.

3.1. Cooperation

(21) All three companies mentioned in the complaint came
forward after the initiation of
the proceeding. Two
companies declared that they had either not produced or
not exported the product concerned to the Community
during the IP, nor had they any plans to do so in the
future. The third company said that they had exported
limited quantities of
the product concerned to the
Community during the IP but they had no intention of
doing so in the future, since they would shortly stop
manufacturing the product under consideration. For
these reasons, none of the abovementioned companies
was willing to reply to the questionnaire.

(26)

Exports of CPTs falling within CN code 8540 11 11
from the Republic of Korea during the IP were substan-
tial, and evidence (i.e. questionnaire replies by importers)
confirmed that 14 inch CPTs had actually been imported
from that country into the Community. As clear
evidence of non-cooperation existed, findings in respect
of the Republic of Korea were established on the basis of
the facts available, in accordance with Article 18 of the
Basic Regulation.

3.2. Normal value

(22)

In order not to reward non-cooperation, and in the
absence of a more appropriate basis, normal value was
established as the weighted average of
the highest
normal values determined for representative transactions
on the Malaysian domestic market for complete tubes.

3.3. Export price

(23)

The export price was established on the basis of
evidence of actual prices provided in the replies to the
questionnaire submitted by importers in the Community
which declared they had imported the product
concerned from the Republic of Korea during the IP.

3.4. Comparison

(24)

The comparison of normal value and export price was
made on an ex-works basis, and at the same level of
trade, on the basis of the facts available. For the purpose
of ensuring a fair comparison between the normal value
and the export price, account was taken of differences in
discounts and rebates, transport,
insurance, handling,
loading and ancillary costs, packing, credit, after-sales
costs and commissions.

4. People's Republic of China

4.1. Cooperation

in

to

cooperated

the Commission

The only producer from the People's Republic of China
known
the
proceeding. The Commission estimated, on the basis of
its reply to the questionnaire and Europstat data, that
the exports of this producer represented about 70 % of
the total exports of CPTs
falling within CN code
8540 11 11. The cooperating producer has contested
the accuracy of Eurostat figures, as this CN code also
covers tubes other than I4 inch CPTs. This issue will be
addressed in the definitive findings. Provisionally, the
determination of dumping for the People's Republic of
China was based on the reply of
the cooperating
producer.

4.2. Market economy status and individual treatment

(27) Article 2(7)(b) of the Basic Regulation states that,

in
anti-dumping investigations concerning imports from
the People's Republic of China, normal value shall be
determined in accordance with Article 2(1) to (6) for
those producers which can show they meet the criteria
laid down in Article 2(7)(c), i.e. that market economy
conditions prevail in respect of the manufacture and sale
of the product concerned.

(28)

The only Chinese producer cooperating in the invest-
igation submitted a claim for market economy status
and individual treatment, which was examined by the
Commission. It was found that:

— although the producer was a legal entity, it was a
manufacturing plant without company status, and
therefore no Board of Directors or Articles of Asso-
ciation. Moreover, it could only sell on the domestic
market and did not have an export licence. It was
therefore obliged to channel its exports through a
related entity which had company status and was
licensed to export,

— the plant's accounts and audit reports were not made
public. Since the audit reports were submitted to the
State Council but not available to management for
consideration, they could not be examined by the
Commission.

3.5. Dumping margin

(25)

The comparison of normal value and export price
showed the existence of dumping. Expressed as a
percentage of the cif import price at the Community
border, duty unpaid, the provisional dumping margin is:

(29)

In view of the above, the Commission determined that
the producer did not fulfil the criteria for being granted
either market economy status under Article 2(7)(c) of
the Basic Regulation or individual treatment. The above
determination was disclosed to the producer concerned
and the Community industry, which were given an
opportunity to comment. No comments were received.

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4.3. Normal value

4.6. Dumping margin

4.3.1. A n a l o g u e c o u n t r y

(30)

In view of the fact that normal value for the People's
Republic of China had to be established pursuant to
Article 2(7)(a) of the Basic Regulation, India had been
envisaged in the Notice of initiation as an appropriate
market economy third country (or ‘analogue country')
for the purpose of establishing normal value in respect
of the People's Republic of China. Parties were invited to
comment. The
cooperating Chinese producer
suggested that the Republic of Korea or, alternatively,
Malaysia would be a better choice. In view of the fact
that during the investigation no company from either
India or the Republic of Korea came forward to coop-
erate in the proceeding, the Commission subsequently
proposed that Malaysia be selected. Since no alternative
country was suggested in the comments received, the
Commission finally decided that Malaysia should be
retained as analogue country.

sole

4.3.2. D e t e r m i n a t i o n o f n o r m a l v a l u e

(35)

(31)

The sole cooperating Chinese producer only exported
complete tubes to the Community. It was found that the
sales of complete tubes made by the two Malaysian
producers on their domestic market during the IP were
representative and in the ordinary course of trade (see
recital 12). Normal value for the People's Republic of
China was
therefore established by calculating the
weighted average selling price of complete tubes sold by
the
two Malaysian exporting producers on their
domestic market during the IP.

4.4. Export price

(32) All export sales of the Chinese cooperating producer to
the Community were made to independent customers
through a Chinese-based related entity of the producer
in question. The export price was established on the
the prices actually paid or payable for the
basis of
product
to the
concerned when sold for
Community, in accordance with Article 2(8) of the Basic
Regulation.

export

4.5. Comparison

(33)

The normal value and export prices were compared on a
fob basis. For the purpose of ensuring a fair comparison,
due allowance in the form of adjustments was made for
differences affecting price comparability, in accordance
with Article 2(10) of the Basic Regulation. Accordingly,
allowances for differences in discounts and rebates,
transport, insurance, packing, credit, after-sales costs and
commissions were granted where applicable and justi-
fied.

(34)

In accordance with Article 2(11) and (12) of the Basic
Regulation, the dumping margin was established on the
basis of a comparison of the weighted average normal
value with the weighted average export price of the sole
cooperating producer. This comparison showed the exis-
tence of dumping, the margin of dumping being equal
to the amount by which the normal value exceeded the
export price, expressed as a percentage of the cif import
price at
the Community border, duty unpaid. The
dumping margin established as described above was
retained as
countrywide dumping
margin:

the provisional

— Country-wide dumping margin: 11,0 %.

5. Lithuania

5.1. Normal value

In accordance with Article 2(2) of the Basic Regulation,
the Commission examined whether domestic sales of the
product concerned to independent customers had been
made in sufficient quantities and in the ordinary course
of trade. Sales of the product concerned on the domestic
market consisted of complete tubes, including tubes of
lesser quality (see recital 9), referred to as ‘second grade’
to the Community
and ‘third grade’
tubes. Sales
consisted of complete tubes,
including ‘second grade’
tubes. Since there were no domestic sales of second and
third grade tubes in the ordinary course of trade and
since exports of second grade tubes to the Community
during the IP were insignificant
(and there were no
exports of third grade tubes), the Commission excluded
both second and third grade tubes from the calculation
of normal value. It was found that domestic sales of
complete tubes represented more than 5 % of the export
sales of the like product to the Community and that
more than 80 % of these domestic sales had been made
trade. Accordingly, all
in the ordinary course of
domestic sales of standard quality complete tubes were
used for the determination of normal value, in accord-
ance with Article 2(1) of the Basic Regulation.

5.2. Export price

(36) As explained above, only sales of complete tubes of a
standard quality (i.e. excluding those of a lower quality)
were considered for the determination of the export
price.

actually paid or payable

The export price was established on the basis of the
prices
the product
concerned when sold for export to the Community, in
accordance with Article 2(8) of the Basic Regulation.

for

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5.3. Comparison

(37)

The normal value and export prices were compared on
an ex-works basis. For the purpose of ensuring a fair
comparison, due allowance in the form of adjustments
was made for differences affecting price comparability,
in accordance with Article 2(10) of the Basic Regulation.
Accordingly, allowances for differences in transport,
insurance, handling, loading and ancillary costs, credit,
after-sales costs and commissions were granted where
applicable and justified.

Most
sales of complete tubes were made to the
Community through a related company located in Swit-
zerland. Since this company's function can be consid-
ered similar to that of a trader acting on a commission
basis, an adjustment based on the company's own
selling, general and administrative expense rate and a
reasonable margin for profit was deducted from the
export prices charged to independent customers in the
Community.

5.4. Dumping margin

(38)

The dumping margin was established on the basis of a
comparison of the weighted average normal value with
the weighted average export price in accordance with
Article 2(11) and (12) of the Basic Regulation. This
comparison showed the existence of dumping,
the
dumping being equal
to the amount by which the
normal value exceeded the export price. Expressed as a
percentage of the cif import price at the Community
border, duty unpaid, the provisional dumping margin is:
1,3 %.

the

sole

cooperating

producer
Since
accounted for all the Lithuanian exports of the product
concerned to the Community,
the dumping margin
provisionally established is valid for the whole country.

Lithuanian

D. INJURY

1. Definition of the Community industry

(39)

There are three operators producing 14 inch CPTs in the
Community:

— one operator who lodged the complaint and cooper-

ated in the investigation,

— one operator who replied to the questionnaire but
was related to an exporting producer under invest-
igation,

— one operator who did not reply to the questionnaire
and who, according to the complaint, was related to
an exporting producer under investigation.

(40)

The latter two companies were excluded from the defini-
tion of the Community industry as it could not be
shown that their situation was not affected by their
relationship with exporting producers. Accordingly it
was considered that only the complainant company

constitutes the Community industry within the meaning
of Article 4(1) of
the Basic Regulation, hereinafter
referred to as ‘the Community industry’. The other two
operators are hereinafter referred to as ‘other operators
in the Community’.

2. Analysis of

the situation in the Community
14 inch CPTs market

2.1. Consumption in the Community

(41)

Community consumption was based on the combined
volume of sales made by the Community industry in the
Community and Eurostat information on imports from
the countries concerned and from other third countries.

2.1.1. S a l e s m a d e b y o t h e r o p e r a t o r s

i n t h e

C o m m u n i t y

(42)

The sales data relating to two other operators in the
Community market could not be included in the assess-
ment of consumption. Firstly, because one of them did
not cooperate in the investigation and no other reliable
estimate was available and secondly because the other
did not provide consistent information on its sales on
the Community market for the period considered.

2.1.2. I m p o r t s

(43) During the investigation, large discrepancies were found
to exist between the export data available or verified by
the Commission and Eurostat import statistics. These
discrepancies were particularly marked for the years
1995 and 1996. Therefore,
the assessment of
consumption the question arose whether the export data
verified by the Commission rather than Eurostat import
statistics should be used.

for

the

(44) On the one hand, Eurostat import statistics include CPTs
with a diagonal measurement of
screen not
exceeding 42 cm. It therefore goes slightly beyond the
definition of the product under consideration and also
includes other tubes, e.g. 15 inch (38,1 cm) and 16 inch
(40,6 cm) CPTs. However, from the information avail-
able for some countries concerned, it was found that the
import figures for CPTs other than those under invest-
igation only represent about 5 % of the imports reported
by Eurostat. The investigation has not brought to light
any information which would suggest that the situation
is any different for imports from other third countries.
On the other hand, the data verified by the Commission
is not complete for the period considered given that a
number of exporting producers did not cooperate in the
investigation. Because of these uncertainties, it is consid-
ered that Eurostat
reliable,
statistics are
complete and consistent source of information for the
assessment of all imports of the product concerned into
the Community.

sole

the

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2.1.3. T o t a l c o n s u m p t i o n

(45) On this basis, between 1995 and the IP, consumption in the Community significantly decreased over

the period considered, namely by 48 %:

Table 1

Consumption

1995

1996

1997

1998

IP

Units

Index

6 717 805

5 757 320

4 553 044

3 941 424

3 481 020

100

86

68

59

52

Source: Questionnaire replies of the Community industry and Eurostat.

(46)

This decrease in Community consumption is attributable to the fact that, from 1995 onwards, part
of the production of 14 inch colour televisions (hereinafter referred to as CTVs) in the Community
has been partly or totally transferred to central and eastern Europe, in particular to Poland, Hungary
and the Czech Republic.

2.2. Imports from the countries concerned

2.2.1. D e m i n i m i s d u m p i n g m a r g i n

(47)

The margin of dumping relating to Lithuania was provisionally established below the de minimis
threshold, whereas those for India, Malaysia, the People's Republic of China and the Republic of
Korea were above this threshold. Although the Commission continues the investigation in respect of
imports from Lithuania, these imports were provisionally not considered in the investigation of
injury to the Community industry.

2.2.2. N e g l i g i b l e i m p o r t s

(48) One Chinese exporting producer who cooperated in the investigation claimed to be the only one to
export the product concerned to the Community market and contested the figure for imports in the
Eurostat statistics. According to this producer, less than the 75 626 units reported by Eurostat were
actually imported during the IP and such lesser imports ought to be considered as negligible.

(49) Given that, based on Eurostat, the Commission could not exclude that other producers might exist in
the People's Republic of China,
it was considered that the imports were above the de minimis
threshold. Therefore the claim that imports originating in China were negligible had to be rejected.

2.2.3. C u m u l a t i v e a s s e s s m e n t o f

i m p o r t s

(50)

The Commission considered whether imports of 14 inch CPTs originating in India, Malaysia, the
People's Republic of China and the Republic of Korea (hereinafter referred to as ‘the countries
concerned’) should be assessed cumulatively in accordance with Article 3(4) of the Basic Regulation.

(51)

The Commission therefore examined whether all the criteria for cumulating imports from the four
remaining countries concerned were met. It was found that:

— the margin of dumping for the countries concerned as shown above, were more than de minimis,
— the volume of imports from each of the countries concerned was not negligible,
— the analysis of the conditions of competition between imported 14 inch CPTs and the like
Community product also showed that: (i) 14 inch CPTs from all exporting countries concerned
and Community-produced 14 inch CPTs are like products; (ii) the Community industry and the
exporting producers were selling the like product through the same sales channels and to the
same categories of customers;
(iii) a similar pricing policy was followed by all exporting
producers concerned; (iv) the same applies for the imports of the countries concerned among
each other.

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Accordingly, the Commission concluded that all conditions justifying the cumulation of the imports
from the countries concerned were met.

2.2.4. V o l u m e o f

i m p o r t s

(52)

Between 1995 and the IP the volume of imports originating from the countries concerned into the
Community decreased by 44 %:

Table 2

1995

1996

1997

1998

IP

1 985 201

1 060 242

564 527

1 168 367

1 104 197

100

53

28

59

56

Imports from countries
concerned
(excluding Lithuania)

Total units

Index

Source: Eurostat.

(53)

The trend in imports has to be seen in the light of the overall evolution of consumption, the decrease
of which was more pronounced. Furthermore, the above table shows that the imports concerned
significantly decreased from 1995 to 1997 (– 72 %) but recovered in the period 1997 to the IP
(+ 96 %) although consumption decreased by 24 %.

2.2.5. M a r k e t s h a r e o f

i m p o r t s

(54)

The market share held by imports from the countries concerned developed as shown below:

Table 3

Market share of the countries
concerned
(excluding Lithuania)

1995

1996

1997

1998

IP

Total

Index

29,3 %

100

18,4 %

12,4 %

62

42

29,6 %

101

31,7 %

108

Source: Questionnaire replies of Community industry, and Eurostat.

The above table shows that the market share held by the exporting producers concerned sharply
decreased in 1996 and 1997, but recovered during 1998 and the IP. Indeed, in the period 1995 to
1997, market share decreased by 58 % but in the period 1997 to the IP, it increased by 156 %.
Overall, the market share of imports in this declining market increased by 8 %.

2.2.6. A v e r a g e p r i c e o f

i m p o r t s

(55) As shown in the table below, from 1995 up to the IP, 14 inch CPT sales prices charged by the
exporting producers concerned on the Community market decreased by 11 %. The decreasing trend
is even more severe when one looks at the period between 1997 and the IP when the average import
price fell by 19 %:

Table 4

1996

41,9

106

1995

39,6

100

1997

43,7

110

1998

38,3

97

IP

35,3

89

Average import price

ECU/unit

Index

Source: Eurostat.

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(56) Within the period considered, it was found that average import prices were increasing until 1997.
This coincided with a sharp decrease in the market share of the exporting producers from the
countries concerned, namely from 29.3 % to 12.4 %. Between 1997 and the IP, it was found that
import prices in turn decreased by 19 %. This happened at a time when the exporting producers
concerned regained a considerable market share (19,3 percentage points).

2.2.7. P r i c e u n d e r c u t t i n g

(57)

(58)

(59)

For the determination of price undercutting, the Commission analysed data referring to the IP. It is
recalled that the investigation has shown that there is only one type of 14 inch CPT which is
produced and sold by the Community industry on the Community market. Price undercutting was
established on the basis of a comparison of the sales prices of that type of 14 inch CPT charged by
the Community industry and the sales prices charged by the exporting producers concerned. For the
same type all prices were compared after deducting discounts and rebates.

The sales prices taken for the exporting producers concerned were those at cif Community border
level, including customs duties. The sales prices of the Community industry were adjusted where
i.e. excluding transport costs.
necessary to an ex-works level,

The results of the comparison (on a weighted-average to weighted-average basis) showed that the
average price undercutting margins, expressed as a percentage of the Community industry's average
selling prices, were 14,7 % for India, 4,6 % for Malaysia, 16,7 % for the People's Republic of China,
and 10,8 % for the Republic of Korea.

2.3. Economic situation of the Community industry

2.3.1. P r e l i m i n a r y r e m a r k

(60) Given that only one Community producer constitutes the Community industry, data relating to the
Community industry has been indexed in order to preserve the confidentiality of the data submitted
in accordance with Article 19 of the Basic Regulation. In accordance with Article 3(4) of the Basic
Regulation the Commission examined all relevant economic factors and indices having a bearing on
the state of the industry.

2.3.2. P r o d u c t i o n c a p a c i t y a n d p r o d u c t i o n

(61) As regards production capacity, the investigation showed that the Community industry had two sites
of production during the period considered. Production definitively stopped in one site in June 1999
and was taken over by the other site.

(62) However, it should be noted that production did not shift at once but was moved gradually from
one site of production to the other, in particular from 1997 up to the end of the IP. Accordingly, the
increase in capacity which occurred during the period that production activity was being restructured
was merely theoretical. In fact, real capacity was maintained in the process of closing one production
site while it was simultaneously increased in the other production site. It is considered that overall,
the original

level of production capacity was maintained throughout the period considered.

(63) According to the Community industry, this restructuring was necessary to improve the production
process and the quality of 14 inch CPTs with a view to achieving economies of scale. Indeed, as
shown in the profitability section below, the restructuring of production activity allowed the
Community industry to make substantial cost of production savings during 1998 and the IP.

Production
(units)

Index

1995

100

Source: Questionnaire replies of the Community industry.

Table 5

1996

113

1997

128

1998

116

IP

109

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(64)

Production of the Community industry increased overall by about 9 %. For the reasons explained
above, there was a 28 % increase in production which occurred in the period 1995 up to 1997, but
this was followed by a decline of 15 % until the IP.

2.3.3. S a l e s v o l u m e a n d a v e r a g e s a l e s p r i c e

(a) Preliminary remark

(65)

The investigation showed that the Community industry sold 14 inch CPTs to both related and
unrelated customers on the Community market. These sales were all included in the assessment of
consumption and in the evolution of sales volume below. However, although sales prices and price
evolution for both categories of customer were very similar during the period considered, they are
shown separately below.

(b) Sales volume

(66)

The total volume of 14 inch CPTs sold by the Community industry on the Community market to
both related and unrelated customers decreased by 55 % during the period considered:

Sales

Index

1995

100

Source: Questionnaire replies of the Community industry.

Table 6

1996

93

1997

61

1998

46

IP

45

(67)

In line with the significant decrease in consumption, sales in volume fell continuously during the
period considered. This fall was less pronounced than the decrease in consumption until 1997, when
imports from the countries concerned were losing market share. Subsequently, when imports from
the countries concerned massively returned on the Community market, the Community industry's
sales volume declined more than consumption: sales dropped by 55 % whereas consumption
decreased by 48 %.

(c) Average sales price and price evolution

(68)

The investigation showed that prices charged by the Community industry to related customers were
at arms' length. Prices charged to both related and unrelated customers on the Community market
were more or less the same and followed a similar decreasing trend during the period considered. As
shown below, the weighted average unit prices of the product concerned sold by the Community
industry to unrelated customers decreased by 21 % over the period considered:

Table 7

Average Community
industry price — Evolution

1995

1996

1997

1998

— Index unreated

— Index related

100

100

101

97

98

96

90

88

IP

79

75

Source: Questionnaire replies of the Community industry.

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(69)

Prices charged to related customers decreased by 25 % over the same period. The above table shows
that prices were stable in the period 1995 to 1997 and started to decrease significantly after 1997
when dumped imports returned on the market.

2.3.4. M a r k e t s h a r e

(70)

The development of the Community industry's total sales volume compared to that of Community
consumption shows that the market share held by the Community industry decreased significantly
during the period considered:

Market share

Index

1995

100

Table 8

1996

109

1997

88

1998

79

IP

86

Source: Questionnaire replies of the Community industry, and Eurostat.

(71) Overall, the Community industry lost 6 percentage points of market share in absolute terms during
the IP. The main decrease (loss of 9 percentage points) occurred between 1996 and 1997. Subse-
quently,
in 1998, when the countries concerned gained considerable market share (over 19
percentage points), the Community industry lost 4 additional percentage points.

2.3.5. S t o c k s

(72)

Table 9

Stocks

1995

1996

1997

1998

IP
30 June
1999

Index

100

171

251

225

na

Source: Questionnaire replies of the Community industry.

The investigation showed that between 1995 and 1998 stocks increased by 125 %. The level of
stocks was significantly higher at the end of the IP than in 1998. However, the available information
for the full years 1995 up to 1998 suggests that at the end of December stocks were at their
minimum level as compared to levels within a given year. Consequently, the level of stocks at the
end of the IP was not considered to be meaningful

in the present case.

(73) Nevertheless, a trend toward increased stocks could be observed during the period considered. This
development suggests that although production increased by 9 % over that period, the part which
was not sold to third countries went into stocks. This observation is in line with the 55 % decreased
sales reported previously and strengthens the point made above concerning the loss of market share
by the Community producers.

2.3.6. P r o f i t a b i l i t y

(74) During the period considered, profitability expressed as percentage of net sales value developed as

follows:

Profitability

Index

1995

100

Source: Questionnaire replies of the Community industry.

Table 10

1996

373

1997

144

1998

75

IP

– 632

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(75) As mentioned in recital 63, the Community industry managed to reduce its costs of production
between 1998 and the IP. Although the reduction was as high as 16 %, it incurred losses during the
IP, whereas in previous years it had marginal profits. In absolute terms, around 4 percentage points
of profit were lost during the period considered. This suggests that without the restructuring of its
activities the losses of the Community industry would have been much higher.

(76) Again the above table shows that profitability improved from 1995 to 1996 but continuously

deteriorated from 1997 up to the IP.

2.3.7. I n v e s t m e n t s

(77)

Table 11

Investments

Index

1995

100

1996

874

1997

72

1998

36

IP

126

Source: Questionnaire replies of the Community industry.

The investigation showed that in 1996 large investments were made in restructuring production of
14 inch CPTs in the Community. At that time the Community industry implemented its decision to
close one of its two production sites of 14 inch CPTs in the Community and to increase the capacity
of its other production plant. As already mentioned above, the idea was to gradually increase
capacity at one production site while decreasing it at the other until it actually ceased production of
14 inch CPTs in June 1999.

(78) During the IP,

investments were mainly made on buildings while expenditure with respect to
machinery and equipment returned to average levels for the period considered (excluding 1996).

(79)

(80)

(81)

2.3.8. E m p l o y m e n t

Table 12

Employment

Index

1995

100

1996

116

1997

119

1998

97

IP

103

Source: Questionnaire replies of the Community industry.

The above table shows that employment increased by 19 % from 1995 up to 1997. However,
employment levels decreased by 13 % between 1997 and the IP, once restructuring was under way.

2.3.9. C o n c l u s i o n o n t h e s i t u a t i o n o f

t h e C o m m u n i t y i n d u s t r y

The above analysis showed that, after decreasing (– 72 %) in the period 1995 to 1997, the volume of
dumped imports increased in the period 1997 to the IP (+ 96 %) when consumption decreased by
24 %.

The investigation also revealed that during the period considered production of 14 inch CPTs
increased by 9 %, but most of the economic indicators pertaining to the Community industry
followed a significant decreasing trend: sales prices (– 21 %), profitability (loss of around 4
percentage points), sales volume (– 55 %) and market share (– 6 percentage points). The development
of the economic situation of the Community industry was particularly negative in the period
between 1997 and the IP: production decreased by 15 %, sales prices by 19 %,
the loss in
profitability was around 4,1 percentage points and employment decreased by 13 %.

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(82)

In addition, it should be noted that despite a significant reduction of costs of production (– 16 %)
profitability, which was positive in the previous years, became negative during the IP. In addition,
price undercutting margins ranging between 4,6 % to 16,7 % have been established for low-priced
dumped imports from the countries concerned. Consequently, the Community industry suffered
significant price pressure on the Community market, as the price decrease of 21 % indicates.

(83)

In the light of the foregoing, in particular the decrease in sales price and profitability, the Commis-
sion has concluded that the Community industry has suffered injury which can be classified as
material within the meaning of Article 3 of the Basic Regulation.

E. CAUSATION

1. Introduction

(84)

In order to reach its conclusions on the cause of the injury suffered by the Community industry, the
Commission examined the impact of all known factors and their consequences on the situation in
that industry. Such analysis ensures that any injury caused by factors other than dumped imports is
not attributed to the dumped imports.

2. Effect of the dumped imports

(85)

The present investigation has shown that because of the significant fall in consumption, all the
operators on the Community market lost sales volume. Nevertheless, it was found that the losses of
the exporting producers concerned were lower than the decrease in consumption whereas the losses
in sales volume by the Community industry were relatively higher (44 % loss of the exporting
producers compared with 55 % loss of the Community industry, in relation to a 48 % decrease in
consumption between 1995 and the IP).

(86)

It was also found that, as a consequence, the Community industry lost 6 percentage points of market
share during the period considered. The negative situation was more pronounced in the period 1996
up to the IP (– 21 %) when the Community industry lost 10 percentage points.

(87) During the period considered, despite the considerable reduction of the Community market for 14
inch CPTs, the exporting producers concerned managed to increase their share of the Community
market (+ 2,4 percentage points). In the period 1996 to the IP, low-priced dumped imported 14
inch CPTs from the countries concerned gained over 13 percentage points of the market share. In
the period 1997 to the IP, the gain in market share was over 19 percentage points.

(88)

(89)

Consequently the volume of dumped imports increased considerably in relative terms, in particular
in the period 1997 to the IP. This coincided with losses made by the Community industry in terms
of market share and losses in sales volume which exceeded the fall

in consumption.

The investigation showed that the prices charged by the countries concerned in the Community
market decreased by 11 % during the period considered. It also showed that the decrease in sales
prices was even higher between 1997 and the IP (– 19 %), as the decrease in the period 1997 to
1998 of 12 % was followed by a further decrease of 8 %.

(90) During the period considered the Community industry had to decrease its sales prices by 21 %. Prices
decreased significantly in the period 1997 to 1998 (– 8 %) and continued to decrease in the period
1998 to IP (– 12 %). The surge (+ 96 %) of
low-priced dumped imports from the countries
concerned in the period 1997 to the IP therefore coincided with the significant decrease in the
Community industry's sales prices.

(91)

The investigation showed that Community industry prices were higher than the prices of dumped
imports during the period considered. During the IP, the exporting producers concerned were
significantly undercutting the Community industry's prices. Price undercutting margins ranging from
4,6 % to 16,7 % were found to exist.

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(92) As it was established that imported and Community produced 14 inch CPTs are like products,
offered through similar sales channels in the Community market, the presence of the high volume of
dumped 14 inch CPTs imported from the countries concerned has had a significant impact on that
market. Furthermore, the market being price transparent, the low prices offered by the exporting
producers in question, well known to potential users on the Community market, had a significant
impact on the level of prices in the market overall.

(93) As a consequence, when faced with low priced imports originating in the countries concerned, the
Community industry' had no choice than to follow the trend of low prices of the dumped imports,
with serious negative consequences on profitability.

(94)

Based on the above, the low-priced dumped imports can be said to have had a significant negative
impact on the situation of the Community industry.

3. Impact of other factors

3.1. Development of consumption

The investigation showed that consumption continuously decreased during the period considered.
Overall, consumption in the Community market decreased by 48 % in volume terms and by 57 % in
value terms indicating a large decline of the 14 inch CPT market.

It has been argued that injury to the Community industry is the result of the fact that consumption
in the Community market during the investigation period plummeted dramatically due to a wave of
is
relocation of
indisputable that the decrease in the Community 14 inch CPT market is partly the result of this
relocation. However, this relocation can not explain the loss in market share of the Community
industry nor can it explain the price undercutting found.

the production of 14 inch CTVs to central and East European countries.

It

(95)

(96)

3.2. Imports of 14 inch CPTs from other third countries

(97)

Total imports of 14 inch CPTs into the Community and average import prices from countries other
than India, Malaysia, the People's Republic of China and the Republic of Korea developed as follows:

Table 13

Imports

1995

1996

1997

1998

IP

Units

Index

ECU/unit

Index

Source: Eurostat.

1 776 720

1 924 514

2 172 571

1 387 015

1 036 171

100

108

122

78

58

42,6

100

42,5

100

42,9

101

39,7

93

38,3

90

(98)

(99)

It has been argued that injury to the Community industry has been caused by imports from Poland,
in particular given the increased import volumes between 1995 and 1997.

The Commission considers that such an increase in the volume of imports is not relevant for the
investigation of the cause of injury given that injury to the Community industry has to be established
for the IP. In this context, it was found that imports from Poland decreased by 90 % over the period
considered and that import prices from that country were at the level of those of the Community
industry. These findings therefore suggest that the contribution of such imports to the price
deterioration noticed in the market,

if any, was limited.

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(100)

It has further been argued that since the Community industry imported low-priced 14 inch CPTs
from Brazil, it thereby inflicted injury on itself. The investigation has shown, that the Community
industry's imports from Brazil were from a related company in order to compensate for a slowdown
of production caused by the restructuring of a production line and a social action in 1998 and in the
IP. In addition, the subsequent resale price that the Community industry charged to its customers on
the Community market for these CPTs was the same as that for its own produced 14 inch CPTs.
Consequently, it is considered that these imports could not have negatively affected the market, and
in particular the sales prices of the product under consideration.

(101) Finally, the development in the indicative unit import price of other third countries during the period
considered reveals that their prices were higher than those of the countries concerned, in particular
during 1998 and the IP. On this basis,
it cannot entirely be excluded that imports into the
Community market from other third countries of 14 inch CPTs have had an impact on the economic
situation of the Community industry.

4. Conclusion on causation

(102)

It cannot be excluded that factors other than dumped imports from the countries concerned, in
particular the imports from other third countries and the significant reduction in Community
consumption, contributed to the difficult state of the Community industry. However, these factors
cannot break the causal link between the injury established and the imports concerned as shown by
the substantial price decreases and price undercutting attributable to the countries concerned. Indeed,
the behaviour of the exporting producers from the countries concerned had negative consequences
on the situation of the Community industry, notably on its profitability. It was therefore concluded
injury to the Community industry.
that these imports, taken in isolation, have caused material

F. COMMUNITY INTEREST

1. Introduction

(103) The Commission examined, on the basis of all the evidence submitted, whether, despite the injurious
effects of the dumped imports, compelling reasons existed which could provisionally lead to the
conclusion that it would not be in the Community interest to impose measures in this particular
case. For this purpose, and pursuant to Article 21(1) of the Basic Regulation, the Commission
considered, on the basis of the information available, the impact of measures on all parties involved
in the proceeding, and also the consequences of not taking measures.

2. Interest of the Community industry

(104) The Community industry has been suffering from low priced imports of 14 inch CPTs. The objective
of the eventual adoption of anti-dumping measures is to reestablish fair competition on the
Community market between the Community industry and their exporting counterparts in countries
concerned.

(105) The Community industry has been making considerable efforts to improve its productivity in recent
years, in an attempt to lower its cost of production and to enhance its competitiveness on this
market. The Community industry rationalised considerably during the period considered. By way of
example, the Community producer shut down one of its production facilities in an effort to reduce
costs and to improve productivity.

(106)

In view of the nature of the injury suffered by the Community industry the Commission considers
that, in the absence of the imposition of anti-dumping measures, a further deterioration of the
situation of the Community industry is quite probable. This could entail a further reduction in
numbers employed.

(107) The adoption of anti-dumping measures would therefore be in the interest of the Community

industry.

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3. Impact on importers and users

(108) The Commission sent questionnaires to 19 known importers unrelated to the exporting producers in
the countries concerned, as well as to four users of 14 inch CPTs in the Community. None of the
users answered the questionnaire sent by the Commission, whereas two importers which were also
users submitted replies. However, the replies of the two importers were not sufficiently complete to
be used in the framework of the present investigation. Therefore it was decided that these importers
could not be considered as cooperating in the investigation.

(109) Since no evidence was provided by the users concerning any potential disadvantage that the

anti-dumping measures could bring to their business, no subsequent analysis was performed.

(110) On the basis of the above, and in particular the lack of interest in participating in the proceeding, it
can be concluded that the imposition of anti-dumping measures against imports of 14 inch CPTs
from the countries concerned would not lead to any significant deterioration in the situation of
users.

4. Impact on the competitive environment in the Community market

(111)

It has been argued that the imposition of anti-dumping measures would strengthen the position of
the complainant Community industry which already represents 100 % of Community production
and holds 38 % of the Community market. It has been claimed that following the imposition of
measures, the Community industry would gain a quasi-monopolistic position in the 14 inch CPT
market.

(112) However, it can be concluded, on the facts available, that from an economic point of view the
imposition of anti-dumping measures at the level proposed would not close the Community' to
imports from the exporting producers, and they would continue to be present on the market.

(113) Measures, therefore, are expected to ensure fair competition conditions for the Community industry
and will merely reestablish fair trading conditions. Not imposing measures in the present case would
maintain and certainly amplify the distortion of competition, resulting in further deterioration in the
situation of the Community industry.

5. Conclusion

(114) On the basis of the above facts and considerations in particular, and having examined the arguments
submitted by the Community industry and Community importers of the product concerned, it has
been concluded that there are no compelling reasons not to impose measures concerning imports
from the People's Republic of China, India, the Republic of Korea and Malaysia.

(115) On the contrary, the imposition of anti-dumping measures is necessary to prevent further aggrava-
tion of the injury already suffered by the Community industry and to preserve employment.
Furthermore, anti-dumping measures will ensure competitive conditions of fair pricing and prevent
the continuation of injury to the Community industry.

G. PROVISIONAL MEASURES

1. Provisional injury elimination level

(116)

It was considered which amount of duty was necessary to increase import prices to a non-injurious
level which would allow the Community industry to cover its costs of production and obtain a
reasonable profit. In this respect, a profit margin of 8 % on turnover before tax was considered
appropriate in order to allow the Community industry to reach the level of profit it could reasonably
expect to obtain in the absence of injurious dumping.

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(117) Accordingly, injury elimination levels were determined as the difference between the above non-
injurious level on the one hand, and the actual net sales price of the imported 14 inch CPTs used for
the undercutting calculation on the other hand. This difference was then expressed as a percentage of
the cif import price at the Community frontier customs duty unpaid.

2. Provisional measures

(118)

In accordance with Article 7(2) of the Basic Regulation, as the injury margins for India, Malaysia, the
People's Republic of China and the Republic of Korea were higher than the dumping margins, the
provisional anti-dumping duty should be set at the level of the latter. As regards one Malaysian
company for which the dumping margin found is below the 2 % threshold set in Article 9(3) of the
Basic Regulation, a provisional anti-dumping duty of 0 % should be imposed. In view of the results
of the investigation concerning Lithuania, and considering that the dumping margin found in this
case is also below the 2 % threshold set in Article 9(3) of the Basic Regulation, no provisional
measures should be imposed in respect of this country. The Commission will continue to investigate
and consider any further evidence submitted.

(119) The individual company provisional anti-dumping duty rates specified in this Regulation were
established on the basis of the findings of the present investigation. Therefore, they reflect the
situation found during that investigation with respect to these companies. These duty rates (as
opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable
to imports of products originating in the country concerned and produced by the companies and
thus by the specific legal entities mentioned. Imported products produced by any other company not
specifically mentioned in the operative part of this Regulation with its name and address, including
entities related to those specifically mentioned, cannot benefit from these rates and shall be subject
to the duty rate applicable to ‘all other companies’.

(120) Any claim requesting the application of these individual company provisional anti-dumping duty
rates (e.g. following a change in the name of the entity or following the setting up of new production
or sales entities) should be addressed to the Commission (1) forthwith with all relevant information,
in particular any modification in the company's activities linked to production, domestic and export
sales associated with, for example that name change or that change in the production and sales
entities. The Commission, if appropriate, will, after consultation of the Advisory Committee, amend
the Regulation accordingly by updating the list of companies benefiting from individual duty rates.

H. FINAL PROVISION

(121)

In the interest of sound administration, a period should be fixed within which the interested parties
may make their views known in writing and request a hearing. Furthermore it should be stated that
the findings made for the purpose of this Regulation are provisional and may have to be reconsid-
ered for the purpose of any definitive measures,

HAS ADOPTED THIS REGULATION:

Article 1

A provisional anti-dumping duty is hereby imposed on imports of cathode-ray colour-television
1.
picture tubes with a diagonal measurement of the screen (i.e. the active part of the picture tube measured in
a straight line) exceeding 33 cm but not exceeding 38 cm, with a screen width/height ratio less than 1,5
and with a pitch (i.e. the gap between two lines of the same colour at the centre of the screen) of not less
than 0,4 mm, originating in India, Malaysia, the People's Republic of China and the Republic of Korea,
falling within CN code ex 8540 11 11 (TARIC code 8540 11 11 94).

(1) European Commission,

Directorate-General for Trade,
Directorate C, DM24-8/38,
Rue de la Loi/Wetstraat 200,
B-1049 Brussels.

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Official Journal of the European Communities

27.4.2000

The rate of the provisional anti-dumping duty applicable to the net free-at-Community-frontier price,

2.
before duty, for the products produced by the following companies, shall be as follows:

Country

Company

Malaysia

India

Republic of Korea

Electron

Samsung
(M)
SDN.BHD, Negeri Sembilan, Darul
Khusus

Devices

All other companies

All companies

All companies

People's Republic of China

All companies

Provisional
rate of duty
(%)

Taric additional
code

0,0

A117

5,2

21,2

20,4

11,0

A999

—

—

—

3.

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

The release into free circulation in the Community of the product referred to in paragraph 1 shall be

4.
subject to the provision of a security, equivalent to the amount of the provisional duty.

Article 2

1. Without prejudice to Article 20 of Regulation (EC) No 384/96, the interested parties which made
themselves known within the time limit specified in the notice of initiation may make known their views in
writing and apply to be heard by the Commission within one month of the date of entry into force of this
Regulation.

Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the

2.
application of this Regulation within one month of the date of its entry into force.

This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Communities.

Article 1 of this Regulation shall apply for a period of six months.

Article 3

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

Done at Brussels, 19 April 2000.

For the Commission

Pascal LAMY

Member of the Commission