Council Regulation (EC) No 495/2002 of 18 March 2002 repealing Regulation (EC) No 904/98 with respect to the imposition of a definitive anti-dumping duty on imports into the Community of personal fax machines originating in the People's Republic of China, Japan, the Republic of Korea, Malaysia, Singapore, Taiwan and Thailand
Date: 2002-03-18
Institutions: Council of the European Union
Subjects: Far East, South-East Asia, anti-dumping duty, facsimile, import, telecommunications equipment

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 495/2002

of 18 March 2002

repealing Regulation (EC) No 904/98 with respect to the imposition of a definitive anti-dumping
duty on imports into the Community of personal fax machines originating in the People's Republic
of China, Japan, the Republic of Korea, Malaysia, Singapore, Taiwan and Thailand

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

force with regard to imports of personal fax machines
originating in the People's Republic of China, Japan, the
Republic of Korea, Malaysia, Singapore, Taiwan and
Thailand.

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), and in
particular Article 11(3) and (6) thereof,

(4)

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

(1)

(2)

PROCEDURE

1. Measures in force

By Regulation (EC) No 904/98 (2) 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 the People's Republic of China, Japan, the
Republic of Korea, Malaysia, Singapore, Taiwan and
Thailand.

2. Product concerned

The product concerned, as defined in Regulation (EC) No
904/98, is fax machines with a weight of 5 kilograms or
less and with dimensions (width × depth × height) of the
main body measuring 470 mm × 450 mm × 170 mm
or less, excepting those fax machines using ink-jet or
laser or LED printing technology that due to their differ-
are
and technical
ence
designed for professional rather than personal use, and
are, to a significant extent, sold through different sales
channels.

characteristics

in physical

3. Review investigation

(3)

On 1 July 2000, the Commission initiated on its own
initiative (3), an interim review pursuant to Article 11(3)
of Regulation (EC) No 384/96 (hereinafter referred to as
the ‘Basic Regulation’) of the anti-dumping measures in

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2238/2000, OJ L 257, 11.10.2000, p. 2.

(2) OJ L 128, 30.4.1998, p. 1.
(3) OJ C 184, 1.7.2000, p. 26.

The Commission, in its Notice of Initiation, had invited
interested parties to present
their comments on the
product definition given that there were indications of
changed circumstances,
in particular certain technical
and technological developments. After receipt of the
second
the Commission published
comments,
notice (4), setting out a proposal to modify the product
definition by removing any reference to weight and
dimensions. It was found that the original weight and
dimension criteria were no longer valid as it is relatively
easy for the producers to adapt their models by, for
example,
increasing the size of the paper tray of the
personal fax machine above the original height limita-
tion.

a

It was also examined whether fax machines using the
so-called thermal transfer technology and the ones using
thermal paper could still be considered as one single
product.
In this respect no difference was found by
comparison to the original investigation where it was
concluded that ‘in weight and size and their essential
technical features, thermal transfer faxes are similar or
identical to the thermal paper models. In comparison,
the printing technology used for the two product types
in question is, from the consumer perspective, just an
ancillary element’. This aspect of the definition of the
product concerned was therefore reconfirmed by the
current review investigation.

The only Community producer cooperating in the
investigation, Österreichische Philips Industrie GmbH
(hereinafter referred to as ‘Philips’), represented during
the period of investigation more than 50 % of the total
Community production of personal
fax machines
pursuant to Articles 4(1) and 5(4) of the Basic Regula-
investigation,
tion, and therefore, as in the original
constitutes the Community industry. There was no
cooperation from any other Community producer,
subsidiary of an
although one company which is

(5)

(6)

(4) OJ C 311, 31.10.2000, p. 4.

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exporting producer based in Japan, cooperated in the
proceeding in its capacity as a importer and it is under-
stood that
this related company also produces the
product concerned in the Community.

(11)

(7)

(8)

the exporting countries,

The Commission officially advised the exporting produ-
cers, importers and representative associations of impor-
ters or exporters known to be concerned, the representa-
the representative
tives of
consumer organisation and the Community producers
of the initiation of the review. 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.

TERMINATION OF THE PROCEEDING

transfer

In April 2001 Philips formally informed the Commis-
sion of its decision to transfer a major part of its manu-
facturing capacities of personal fax machines outside the
Community in the course of 2001. The remaining
production of personal fax machines would be gradually
phased out. The
fax
machines, which use thermal transfer technology, while
the production of personal fax machines using thermal
sensitive paper will remain in the Community during the
phasing out period. In view of this decision taken by the
Community industry it was necessary to evaluate
whether the Community interest would be against the
continuation of the measures under the changed circum-
stances.

concerns personal

(12)

(13)

The Community industry made the following comment:
The findings on the transfer of production concern facts
that have taken place after the period of investigation,
whereas no efforts have been made to verify the situa-
tion of other Community production after the period of
investigation even though one producer from the coun-
tries concerned had integrated its production in the
Community. Therefore, the new developments should be
studied before proposing the discontinuation of meas-
ures.

The situation on the Community market during the
period of investigation was evaluated. Additionally, the
Community can take into account information relating
to events that have occurred after the period of invest-
igation provided that these events have a major impact
on the situation on the Community market
for the
product concerned. The decision of
the Community
its production
industry to transfer a major part of
outside the Community is considered such an event.
During the proceeding no other Community producer
made itself known or submitted any information. As
mentioned above,
in the
Community was related to an exporting producer from
which it
imported the product concerned. For this
reason it cannot be considered to form part of the
Community industry. In addition,
it should be noted
that the company, which cooperated in the proceeding
in its capacity as a related importer, has actually
requested the repeal of the measures.

the only other producer

is

the

therefore

anti-dumping
concluded that
It
proceeding concerning imports into the Community of
fax machines originating in the People's
personal
Republic of China,
the Republic of Korea,
Malaysia, Singapore, Taiwan and Thailand should be
the imposition of anti-dumping
terminated without
measures,

Japan,

the plans of Philips,

(9) When assessing the Community interest aspects of the
present case, the following was considered: On the basis
the production by the
of
Community industry of products
to anti-
subject
dumping measures is expected to cease in the near
future. In such a situation, the maintenance of the anti-
dumping measures concerned will not provide any
in terms of protecting production against
benefit
possible unfair trade practices. Therefore, any negative
effect of the anti-dumping measures concerned will be
clearly disproportionate. Moreover, during the phasing
out period, mostly imports of personal fax machines
produced by Philips outside the Community would
benefit from the continued existence of anti-dumping
measures against
is also
noted that on the basis of the information available, the
share of Philips' Community produced fax
market
machines decreased considerably by the end of 2001.

the countries concerned.

It

(10)

the above reasons,
reasons

it
exist on Community

In view of
is considered that
interest
compelling
grounds not to maintain the anti-dumping measures as
regards imports of personal
fax machines from the
countries concerned. The Community industry and the
other parties concerned were informed accordingly and
were given the opportunity to comment.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 904/98 is hereby repealed and the anti-
dumping proceeding concerning imports of personal
fax
machines, falling within CN code ex 8517 21 00 and origin-
ating in the People's Republic of China, Japan, the Republic of
Korea, Malaysia, Singapore, Taiwan and Thailand is hereby
terminated.

Article 2

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Communi-
ties.

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

Done at Brussels, 18 March 2002.

For the Council

The President

M. ARIAS CAÑETE