2001/725/EC: Commission Decision of 28 September 2001 terminating the anti-dumping proceeding concerning imports of colour television receivers originating in Turkey (notified under document number C(2001) 2916)
Date: 2001-09-28
Institutions: European Commission
Subjects: Türkiye, anti-dumping legislation, dumping, import, originating product, television

13.10.2001

EN

Official Journal of the European Communities

L 272/37

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 September 2001

terminating the anti-dumping proceeding concerning imports of colour television receivers origin-
ating in Turkey

(notified under document number C(2001) 2916)

(2001/725/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 2238/2000 (2), and in
particular Article 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

(4)

In June 2000, the Commission received a complaint
concerning the alleged injurious dumping by imports of
colour
(CTVs) originating in or
exported from Turkey.

television receivers

The complaint was lodged by the Producers of European
Televisions in Cooperation (Poetic) acting on behalf of
Community producers representing a major proportion
of the total Community production of CTVs pursuant to
Article 4(1) and Article 5(4) of Regulation (EC) No 384/
96 (the basic Regulation).

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

The Commission,
consultation, by a notice
published in the Official Journal of the European Communi-
ties (3), accordingly initiated an anti-dumping proceeding

after

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ C 202, 15.7.2000, p. 4.

(5)

(6)

(7)

concerning imports
into the Community of CTVs,
currently classifiable within CN codes ex 8528 12 52,
8528 12 54, 8528 12 56, 8528 12 58, ex 8528 12 62
and 8528 12 66 and originating in or exported from
Turkey.

It should be noted that in April 2000, two review inves-
tigations under Article 11(2) and (3) of the basic Regula-
tion had been initiated regarding the anti- dumping
measures applicable to imports of CTVs originating in
the People's Republic of China, the Republic of Korea,
Malaysia, Singapore and Thailand (4).

the

exporting country,

The Commission officially advised the exporting produ-
cers, importers and representative associations of impor-
ters or exporters known to be concerned, the representa-
representative
tives of
consumer
complainant
Community producers. Interested parties were given the
opportunity to make their views known in writing and
to request a hearing within the time limit set out in the
notice of initiation.

organisations

the
the

and

The Commission sought and verified all information it
deemed necessary for the purpose of its investigation.
Verification visits were carried out at the premises of the
following companies:

(a) Community producers

Tecnimagen SA, Barcelona, Spain,

Grundig AG, Nuremberg, Germany,

Philips Consumer Electronics, Eindhoven, The Nether-
lands,

Industrie Formenti Italia Spa, Lissone, Italy,

Seleco Formenti Spa, Pordenone, Italy;

(4) OJ C 94, 1.4.2000, p. 2.

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Official Journal of the European Communities

13.10.2001

(b) Exporters/producers and related sales companies in Turkey

Profile Telra Elektronik Sanayi ve Ticaret AS, Istanbul
(including the related sales companies PRO-EKS Dis
Ticaret AS,
Istanbul,
Elektrotem Elektronik Aletler Limited, Istanbul),

Istanbul, Savunma Gerecleri AS,

Beko Elektronik AS, Istanbul (including the related sales
company Ram Dis Ticaret, Istanbul),

Vestel Elektronik Sanayi ve Ticaret AS, Manisa (including
the related sales companies: Vestel Dis Ticaret AS,
Istanbul, Vestel Dis Ticaret AS Ege Serbest Bolge SB,
Izmir, Vestel Bilisim Teknolojileri Sanayi ve Ticaret AS,
Istanbul, Vestel Komunikasyon Sanayi ve Ticaret AS,
Izmir),

Izmir Elektronik Sanayi ve Ticaret AS, Izmir;

(c) Related importers in the Community

Beko (UK) Ltd, Watford, United Kingdom,

Beko Electronics Espana SL, Barcelona, Spain,

Vestel Holland BV, Rotterdam, Netherlands,

Vestel Iberia, Madrid, Spain;

(d) Unrelated importers in the Community

Alba plc Barking, United Kingdom.

B. FINDINGS ON ORIGIN

CTVs
frequently incorporate components and parts
originating in countries other than the country of manu-
facture or assembly of the finished product, with the
result that CTVs may be considered as originating in a
country other than the country of manufacture or
assembly. Thus,
in accordance with the Community's
consistent practice and pursuant to Article 1(3) of the
basic Regulation, the examination of the origin of the
CTVs exported from Turkey formed part of the anti-
dumping investigation.

Origin was examined in the light of Article 22 of
Council Regulation (EEC) No 2913/92 (1) of 12 October
1992 establishing the Community Customs Code, which
establishes that the non-preferential rules of origin apply
to all non-preferential commercial policy instruments,
such as anti-dumping.

for

In accordance with Article 39 and Annex 11 of
Commission Regulation (EEC) No 2454/93 (2)
laying
implementation of
down provisions
the
the
Community Customs code,
specific non-preferential
rules of origin apply for CTVs. According to these rules,
a CTV is considered to originate in the country where
the added value of
if
applicable, the incorporation of parts originating in the

the assembly operations, and,

(8)

(9)

(10)

country of assembly represents at least 45 % of the
ex-works price of the CTV. When the 45 % rule is not
met, the CTV originates in the country of origin of parts
whose ex-works price represents more than 35 % of the
ex-works price of the CTV.

(11) When applying the specific non-preferential origin rules
in the present investigation, it was established that the
origin of all CTVs exported to the Community between
1 July 1999 and 30 June 2000 (investigation period or
IP) was other than Turkish. Exports to the Community
were instead found to have their origin in the exporting
review investigations
countries
mentioned in recital 5, the Community or other third
countries not subject to any investigation. In particular,
it was found that for the exports of the investigated
companies which correspond to all exports of CTVs
from Turkey to the Community during the IP, the 45 %
added value rule was not met. Thus, the origin had to be
determined on the basis of the 35 % value rule of the
non-originating parts/materials.

subjected

the

to

(12) On the basis of the 35 % value rule of the non-origin-
ating parts/materials it was established that the origin of
the cathode-ray colour television picture tube (CPT)
virtually determined the origin of the CTVs, since the
ex-works price of the CPT represented, in all cases, at
least 35 % of the ex-works price of the CTV. It should be
noted that there is no production of CPTs in Turkey and,
therefore, all CPTs are imported. Accordingly, the origin
examination concluded that the CTVs exported from
Turkey during the IP were of the origins of the CPTs
used in their assembly.

C. TERMINATION OF THE PROCEEDING

(13)

In view of the above findings on origin, the Commission
concludes that the anti-dumping proceeding concerning
imports of CTVs originating in Turkey should be termi-
nated without the imposition of anti-dumping measures.

(14) All interested parties received disclosure of the findings
on origin and were given an opportunity to comment
and to be heard. One interested party contested the
applicability of the non-preferential rules of origin in the
case of Turkey, given the EC-Turkey Customs Union.
However, neither Decision No 1/95 of the EC-Turkey
Association Council of 22 December 1995 on imple-
menting the final phase of the Customs Union (3), nor
the Community Customs Code provides for a derogation
from the applicability of the non-preferential rules of
origin in the case of imports from countries which are in
a customs union with the Community.

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 253, 11.10.1993, p. 1.

(3) OJ L 35, 13.2.1996, p. 1.

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Official Journal of the European Communities

L 272/39

(15)

Finally, the Community industry argued that the origin criteria was irrelevant since the basic
Regulation allowed the imposition of anti-dumping measures on the basis of the country of
provenance. It should be noted that it is the consistent practice of the Community to impose
anti-dumping measures solely on products originating in a third country. This was also the case in
previous investigation on imports of the same product (1),

HAS ADOPTED THIS DECISION:

Sole Article

The anti-dumping proceeding concerning imports of colour television receivers currently classifiable within
CN codes ex 8528 12 52, 8528 12 54, 8528 12 56, 8528 12 58, ex 8528 12 62 and 8528 12 66 and
originating in Turkey is hereby terminated.

Done at Brussels, 28 September 2001.

For the Commission

Pascal LAMY

Member of the Commission

(1) Council Regulation (EC) No 710/95 of 27 March 1995 (OJ L 73, 1.4.1995, p. 3).