Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of colour television receivers originating in the People's Republic of China, the Republic of Korea, Malaysia and Thailand and terminating the proceeding regarding imports of colour television receivers originating in Singapore
Date: 2002-07-29
Institutions: European Commission
Subjects: Far East, South-East Asia, anti-dumping duty, import, originating product, television equipment

C 291 E/272

EN

Official Journal of the European Communities

26.11.2002

Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of colour
television receivers originating in the People's Republic of China, the Republic of Korea, Malaysia
and Thailand and terminating the proceeding regarding imports of colour television receivers
originating in Singapore

(2002/C 291 E/18)

COM(2002) 433 final

(Submitted by the Commission on 29 July 2002)

EXPLANATORY MEMORANDUM

1. The investigations were initiated on 1 April 2000 on the basis of a request presented by POETIC
(Producers of Televisions in Co-operation) pursuant to Articles 11(2) and 11(3) of Council Regulation
(EC) No 384/96 (basic Regulation).

2. On 15 July 2000 a parallel investigation was initiated regarding imports of CTVs originating in or
exported from Turkey. Since none of the CTVs exported from Turkey was found to originate in this
country, the Commission by Decision No 2916/2001 of 28 September 2001 (1) terminated the anti-
dumping proceeding concerning imports of CTVs originating in Turkey. The CTVs found to originate in
the countries subject to the reviews have been considered in that context.

3. The investigation showed that there was a likelihood that injurious dumping would continue should the
anti-dumping measures in place be allowed to lapse in respect of all countries concerned with the
exception of Singapore, in particular in view of the significant production capacities of CTVs and of
color picture tubes as well as the low level of their prices to the Community which undercut the prices
of the Community industry and thus anti-dumping measures should be maintained.

4. Regarding Singapore, the anti-dumping measures should be allowed to lapse given the absence of
likelihood of continuation of injurious dumping, in view of the decrease in its production capacity,
its decreasing exports to the Community and the absence of price undercutting.

5. The interested parties were informed of the essential facts and considerations on the basis of which the
proceeding concerning Singapore should be terminated and the measures against China, Korea,
Malaysia and Thailand be amended or maintained. Subsequent to this disclosure, comments were
received by certain parties but did not alter the basic conclusions of the investigation.

(1) OJ L 272, 13.10.2001, p. 37.

THE COUNCIL OF THE EUROPEAN UNION,

Whereas,

Having regard to the Treaty establishing the European
Community,

A. PROCEDURE

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 Articles 9, 11(2) and 11(3) thereof,

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

1. Previous investigations and existing measures

(1) In April 1990 the Council, by Regulation (EEC)
No 1048/90 (2), imposed definitive anti-dumping duties
on imports of small-screen colour television receivers,
i.e.
those with a diagonal screen size of more than
15,5 cm but not exceeding 42 cm (‘SCTVs’), originating
in the Republic of Korea (‘Korea’).

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

(2) OJ L 107, 27.4.1990, p. 56. Regulation as amended by Regulation

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

(EEC) No 2900/91 (OJ L 275, 2.10.1991, p. 24).

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(2) Subsequently in July 1991, the Council, by Regulation
(EEC) No 2093/91 (1), imposed definitive anti-dumping
duties on imports of SCTVs originating, inter alia, in the
People's Republic of China (‘PRC’).

(3) In April

the

1995,

Commission

by Decision
(95/92/EC) (2) terminated the anti-dumping proceeding
in respect of
imports of colour televisions receivers
(‘CTVs’) originating in Turkey, which had been initiated
in November 1992. At the same time, the Council, by
Regulation (EC) No 710/95 (3), imposed definitive anti-
dumping duties on imports of colour television receivers
(‘CTVs’) with a diagonal screen size exceeding 15,5 cm,
originating in Malaysia, the PRC, Korea, Singapore and
Thailand. Although this proceeding established that
for differentiating
there were no longer grounds
between colour television receivers according to their
screen size, since anti-dumping measures were already
in force in respect of SCTVs originating in the PRC and
Korea, the scope of the investigation and the definitive
anti-dumping
imposed by Regulation (EC)
No 710/95 as regards the PRC and Korea were limited
diagonal
to
screen
televisions with
large-screen CTVs.
measurement exceeding 42 cm,

colour

duties

a
i.e.

(4) In November 1998,

the Council by Regulation (EC)
No 2584/98 (4) amended Regulation (EC) No 710/95
as far as the duties applicable to CTVs originating in
the PRC and Korea were concerned in order to take
account of the findings in Regulation (EC) No 710/95
that there were no grounds for differentiating between
televisions according to their screen size.

2. Expiry and interim review investigations

(5) Following the publication of a notice of

impending
expiry (5) of
the anti-dumping measures in force on
imports of CTVs originating in the PRC, Korea,
Malaysia, Singapore and Thailand, POETIC, requested
an expiry review of the measures in force pursuant to
Article 11(2) of Council Regulation (EC) No 384/96 (the
‘basic Regulation’).

(6) The request was based on the grounds that the expiry of
in the

the measures would be

to result

likely

(1) OJ L 195, 18.7.1991, p. 1.
(2) OJ L 73, 1.4.1995, p. 84.
(3) OJ L 73, 1.4.1995, p. 3.
(4) OJ L 324, 2.12.1998, p. 1.
(5) OJ C 278, 1.10.1999, p. 2.

request

industry. The

continuation or recurrence of dumping and injury to the
contained also
Community
the various markets
information which showed that
itself, had undergone
involved and the product,
few years. This
last
significant
information, together with the allegations on dumping
and injury,
led the Commission to conclude that an
interim review of both dumping and injury should
also be carried out pursuant
to Article 11(3) of the
basic Regulation.

changes over

the

that

sufficient evidence existed for

(7) Having determined, after consultation of the Advisory
Committee,
the
initiation of an expiry and an interim review pursuant
to Articles 11(2) and 11(3) of the basic Regulation, the
initiation in the
Commission published a notice of
the European Communities (6) and
Official
of
commenced the investigation.

Journal

3. Initiation

of

an

anti-dumping

proceeding

concerning Turkey

(8) On 15 July 2000, the Commission announced by a
notice (‘Notice of
Initiation’) published in the Official
Journal of the European Communities (7), the initiation of
an anti-dumping proceeding concerning imports of
CTVs originating in or exported from Turkey.

(9) The proceeding was initiated as a result of a complaint
lodged in June 2000 by the Producers of European
Televisions in Co-operation (‘POETIC’), acting on behalf
a major
of Community
in this case more than 30 %, of the total
proportion,
Community production of CTVs. The
complaint
evidence of dumping and of
contained sufficient
material
the
initiation of an anti-dumping proceeding.

resulting therefrom to justify

representing

producers

injury

4. Termination of

the anti-dumping proceeding

concerning CTVs originating in Turkey

(10) Given the complexity of

the specific rules of origin
applicable to imports of CTVs, the examination of the
origin of the CTVs exported from Turkey could not be
completed within the deadline stipulated in Article 7 of
the basic Regulation. Therefore, the dumping, injury and
Community interest aspects of the case could not be
adequately examined and consequently no provisional
anti-dumping measures could be considered.

(6) OJ C 94, 1.4.2000, p. 2.
(7) OJ C 202, 15.7.2000, p. 4.

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(11) The investigation was

therefore continued to reach
definitive findings. Given the intention to obtain a
global view of the impact of the imports from all the
countries concerned on the Community industry, the
data gathered in the investigation concerning Turkey
was examined in conjunction with that gathered in the
framework of the expiry and the interim reviews of
measures against the PRC, Korea, Malaysia, Singapore
and Thailand. However, given the findings on origin
the
which
Commission terminated the proceeding as far as it
concerned CTVs originating in Turkey by Decision
2001/725/EC (1).

below (recitals

recalled

40-44),

are

5. Parties concerned by the investigations

producers,

(12) The Commission officially informed the complainant
known Community
Community
other
importers and their
producers, exporting producers,
associations, the European Office of Consumers (BEUC)
and the representatives of the exporting countries about
Interested parties
the initiation of
the investigations.
were given the opportunity to make
their views
known in writing and to request a hearing within the
time limit set in the notices of initiation.

(13) A number of exporting producers

in the counties
concerned, as well as Community producers made
their view known in writing. All parties who so
requested within the above time limits and who demon-
strated that
there were particular reasons why they
should be heard were granted the opportunity to be
heard orally.

(14) In view of

the apparent

large number of exporting
producers of the product concerned in the countries
subject to the review investigations, known from the
request and from previous investigations, the application
of sampling techniques for the investigation of dumping
was envisaged in indents 5(a) and (b) of the notice of
initiation.

informed
non-cooperation.

them about

the

consequences of

this

(17) The Commission sought and verified all information it
deemed necessary for the purpose of a determination of
dumping, injury and Community interest as well as to
determine whether there is a likelihood of a continuation
or recurrence of dumping and injury and whether main-
taining
the
Community interest. Verification visits were carried out
at the premises of the following companies:

the measures would not be

against

(a) Community producers

Tecnimagen SA — Barcelona, Spain

Grundig AG — Nuremberg, Germany

Philips Consumer
Netherlands

Electronics — Eindhoven, The

Industrie Formenti Italia Spa — Lissone, Italy

Seleco Formenti Spa — Pordenone, Italy

(b) Exporters/producers and related sales companies

T u r k e y

Profilo Telra Elektronik Sanayi ve Ticaret AS, Istanbul
(including the related sales companies (i) PRO-EKS Dis
Ticaret AS, Istanbul, (ii) Savunma Gerecleri AS, Istanbul,
(iii) Elektrotem Elektronik Aletler Limited, Istanbul)

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

ve Ticaret AS,

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

Istanbul,

(15) However, only a limited number of exporting producers
the PRC and Thailand made
from Korea, Singapore,
themselves
information
known and provided the
requested in the notice of initiation. Therefore, the use
of sampling techniques was not considered necessary for
any of the countries concerned.

(16) The Commission sent questionnaires

to all parties
known to be concerned and to all other companies
who made themselves known within the deadlines set
in the Notices of Initiation. Replies were received from 5
Community producers,
from 3 unrelated importers,
from 5 Turkish companies and their related importers
in the Community, from one Thai exporting producer
and its related importers in the Community and from 8
Chinese companies. However, no Korean, Malaysian and
Singaporean exporting producer provided a meaningful
reply to the questionnaire and, therefore, all companies
known from the sampling exercise in these countries
were considered as non-cooperators. The Commission

(1) OJ L 272, 13.10.2001, p. 37.

Izmir Elektronik Sanayi ve Ticaret AS, Izmir

T h a i l a n d

Thomson Television Thailand, Pathumthani, Thailand
(including the related sales company European Audio
Products (H.K.) Ltd, Shatin, New Territory, Hong Kong)

(c) Related importers in the Community

Importers related to the Turkish exporters

Beko (UK) Ltd, Watford, United Kingdom

Beko Electronics Espana SL, Barcelona, Spain

Vestel Holland BV, Rotterdam, Netherlands

Vestel Iberia, Madrid, Spain

Importers related to Thomson Television Thailand

Thomson Multimedia Marketing France SA, Boulogne,
France

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Thomson Multimedia Sales Spain, SA, Madrid, Spain

Thomson Multimedia Sales UK Ltd, West Malling, Kent,
United Kingdom

(d) Unrelated importers in the Community

Alba plc — Barking, United Kingdom

(18) The investigation of dumping in the review investi-
gations covered the period from 1 January 1999 to
31 December 1999 (‘review IP’). The investigation of
dumping covered the period from 1 July 1999 to
30 June 2000 (‘IP’)
anti-dumping
proceeding against Turkey is concerned. The exam-
ination of trends in the context of the injury analysis
for both investigations covered the period from 1995 up
to 30 June 2000 (‘period considered’), to take account of
the existence of two differing investigation periods for
dumping.

the

far

as

as

6. Market economy treatment

(‘MET’) and indi-

vidual treatment

(19) Pursuant to Article 2(7)(b) of the basic Regulation, one
Chinese company, ‘Xiamen Overseas Chinese Electronic
Co. Ltd’ (‘the applicant company’), requested MET and
individual treatment and was required to complete a
information
claim form detailing all
required. After consulting the Advisory Committee,
it
was decided not
to grant MET to the applicant
companyon the basis that the applicant company did
not meet all of the criteria set in Article 2(7)(c) of the
basic Regulation.

relevant

the

(20) After this decision was taken,

it was found that the
applicant company had not actually exported any
CTVs to the Community during the review IP. Initially,
it reported in its claim form and in its questionnaire
response certain CTVs exports
to the Community.
However, at a subsequent stage of the investigation it
was found that these CTVs were never released into free
circulation in the Community and that their final desti-
nation was a third country. Thus, in the absence of any
CTVs exports to the Community during the review IP,
the
applicant
company became irrelevant.

request of

individual

treatment

the

B. PRODUCT CONCERNED AND LIKE PRODUCT

1. Product concerned

(a) Product description

(21) The product concerned is colour television receivers
screen size of more than
(CTVs) with a diagonal
15,5 cm, whether or not combined in the same
housing with a radio broadcast receiver and/or clock.
This product is 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.

in the development

(22) Regulation (EC) No 710/95 excluded from the definition
of the product concerned D2MAC sets and high defi-
nition televisions (HDTVs) since these products, which
introduced qualitative technical changes, were at that
stage and were not
time still
available to the public except in very limited circum-
stances. Regulation (EC) No 2584/98 confirmed that
these products should not be included in the scope of
the product definition, since the investigation had not
brought to light any new factual evidence, which would
justify their inclusion. The same was the case in the
present
in which no new evidence
justifying their inclusion was submitted. It is therefore
concluded that D2MAC sets
and high definition
televisions are not covered by the present investigations.

investigation,

(b) Arguments of the parties

(23) One importer requested the exclusion from the scope of
the investigation of the so-called internet-CTVs which
integrate an internet modem and computer operating
system allowing access
to the internet via the TV
screen and controlled by a remote control unit which
comprises a full keyboard. In the internet-CTV all the
necessary modem circuitry is integrated into the body of
the television set, instead of having a separate set top
box.

(24) The importer argued that the exclusion was warranted in
view of the differences in basic physical and technical
characteristics between CTVs and internet-CTVs and in
view of
the different consumer perceptions of both
products.

(25) The differences in the basic physical characteristics of
internet-CTVs
internet
consisted in the
components in the CTV which represent around 60 %
of the total costs of the internet-CTV and a keyboard
integrated in the remote control.

additional

(26) Regarding the basic technical characteristics

it was
argued that the internet CTV sends and receives data
not via broadcasting technology but via the telephone
system using the modem. Furthermore, it employs tech-
nology which is different from the basic technology in
CTVs; it incorporates a system for secure access to the
internet
(Secure Socket Layer ‘SSL’), a browser tech-
nology for the display of internet graphics on standard
translates digital
resolution CTVs and a modem that
that can travel over a
into analogue ones
signals
standard phone line.

(27) It was alleged that the different consumer perception of
the product compared to standard CTVs was proven by
the fact that internet-CTV is sold at retail level at more
than twice the price of a CTV. Furthermore it was
the integrated internet circuit elements
argued that
imparts an element
to a standard CTV which is a
distinct additional quality. In support of this it quotes
the case on Video Cassette Recorders from Japan and
Korea (VCRs) where it was concluded that
in cases
where a VCR is combined in one housing with a CTV,
this combination has to be regarded as a different
product.

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(28) The applicant claimed that such exclusion was not
warranted. It disputed the allegation that internet-CTVs
had different basic physical and technical characteristics
and argued that the Internet part was comparable to the
teletext in a CTV. Internet should be considered as a
more modern form of
an
additional feature of CTVs rather than a new product
without the basic characteristics of CTVs. Since CTVs
with teletext were covered by the investigation, CTVs
with an Internet connection should also be covered by
the investigation.

and therefore

teletext

importer

(29) The applicant also questioned the conclusions reached
regarding the different consumer
by the
perception arguing that
the internet-CTVs had only
been recently launched. It furthermore argued that the
high percentage of costs represented by the Internet was
due to the recent
It
provided evidence showing that at the time of the intro-
duction of the teletext facility in CTVs, the costs of
teletext was substantially higher than at present.

introduction of

internet-CTV.

it was found that despite differences in
(33) Furthermore,
screen sizes,
in broadcast system, in
in sound system,
screen type and format and in picture frequence, all
CTVs shared the same basic physical and technical
characteristics and the same use and form therefore
one product.

2. Like product

(34) In the course of the investigations, it was established that
CTVs originating in or exported from the countries
concerned and destined for the Community, share the
same basic physical and technical characteristics and
end-uses as CTVs manufactured and sold by the
Community industry on the Community market. It was
also found that there were no differences between the
CTVs produced and sold in the countries concerned,
including Turkey which was used as an analogue
country, and those exported to the Community, which
were both alike to the CTVs manufactured and sold by
the Community industry on the Community market.
These products,
therefore, are therefore alike within
the meaning of Article 1(4) of the basic Regulation.

(30) It contested the example of the VCRs arguing that in a
VCR/CTV combination the VCR has an independent
function, whereas the internet function does not work
without the CTV, but is rather an addition to the CTV.

C. ORIGIN

1. General

(c) Findings of the investigation

(31) The investigation showed that an internet-CTV is a
product which combines in the same housing two tech-
nologies producing two sufficiently distinct end uses: on
the one hand it allows the sending and receiving of
electronic mail and accessing the world wide web
while on the other it allows viewing TV programmes.
Given this additional function, the CTV does not neces-
sarily determine the character of the entire product but
it
takes
predominance over the CTV. Indeed, such a combination
contains a specific element which imparts an additional
to be
function to the internet CTV and allows it
considered as different for the purpose of the present
anti-dumping investigation.

function which

internet

rather

the

is

(32) The above conclusions have been reached on the basis
of the information gathered in the course of the inves-
tigation and relating to the IP. Given the early stage of
development of this product and the fact that they were
only available to the public in small quantities, it cannot
be excluded that the conclusions reached in the present
investigations would need to be revised in light of
further developments on this product
in the future.
the measures in place be
Thus, should a review of
carried out
these
situation of
products would have to be re-examined, on the basis
of
in
order to determine whether such exclusion would still
be justified.

the information gathered in that

investigation,

in the

future,

the

(35) CTVs frequently incorporate components and parts orig-
inating 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
than the country of manufacture or
country other
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 the countries concerned was part of
the anti-dumping investigations.

(36) The issue of origin had already been examined in detail
in Council Regulation (EC) No 710/95, where the
application of the rules of origin led to a redistribution
of the import volumes of CTVs between the different
countries to reflect
the origin established during the
investigation.

(37) For the purposes of the anti-dumping legislation, the
origin of
the products concerned is determined in
accordance with the non-preferential rules of origin, as
provided by Article 22 of Council Regulation (EEC)
No 2913/92 (1) of 12 October 1992 establishing the
is also the case
Community Customs Code. This
regarding Turkey, where Decision No 1/95 of
the
EC-Turkey Association Council of 22 December 1995
on implementing the final phase of
the Customs
Union (2) has not established any derogation in this
respect.

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 35, 13.2.1996, p. 1.

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(38) In accordance with Article 39 and Annex 11 of
Commission Regulation (EEC) No 2454/93 (1) of 2 July
1993 laying down provisions for the implementation of
the Community Customs code, specific non-preferential
rules of origin apply for CTVs. According to these rules,
a CTV originates in the country where the added value
of the assembly operations, and, if applicable, the incor-
poration of parts originating in the 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.

(39) It should be stressed that the findings set out below were
established only for the purposes of the present anti-
dumping investigation and more particularly for the
purposes of determining the likelihood of continuation
or recurrence of injurious dumping.

2. Exports from Turkey

(40) It

is

in

The

findings

recalled that

2001/725/EC (2).

the Commission terminated the
proceeding concerning CTVs originating in Turkey by
the
Decision
framework of the latter proceeding have shown that
all CTVs exported from Turkey to the Community
during the IP were declared as being of Turkish origin
Single Administrative
(were
a
Document
the CTVs originated in
Turkey). They were also accompanied by an ATR
certificate indicating that they were in free circulation
in Turkey. However, in the course of that investigation
all Turkish companies stated that their CTVs were not of
Turkish origin.

indicating that

accompanied

by

(43) On the basis of the 35 % value rule of the non-orig-
inating parts/materials exports to the Community were
found to have their origin in certain exporting countries
subjected to the review investigations, the Community
or other third countries not subject to any investigation.

(44) As for the CTVs exported from Turkey and originating
in countries for which the anti-dumping measures in
force are the subject of
the
PRC, Korea and Malaysia), the quantities exported to
the Community from Turkey have been considered as
being originating in these countries.

the present review (i.e.

3. Exports from Thailand

(45) The investigation showed that for all exports by the
in Thailand to the
co-operating exporting producer
Community during the review IP,
the 45 % added
value rule was not met. Therefore, the origin had to
be determined on the basis of the 35 % value rule of
the non-originating parts/materials. In this respect, it was
also found that the origin of the CTVs would virtually be
determined by the origin of the CPTs, which represented,
in all but one case, at least 35 % of the ex-works price of
the CTVs. The co-operating exporting producer did not
use CPTs of Thai origin but of Korean and Malaysian
origin. Furthermore, the company imported a significant
to the CTVs
the other materials input
quantity of
production. Accordingly,
the
CTVs
exported from Thailand to the Community
during the review IP by the co-operating exporting
producer were not of Thai origin but they were found
to originate in either Korea or Malaysia.

it was concluded that

(41) When applying the specific non-preferential origin rules,
it was established that the origin of all CTVs exported
from Turkey to the Community during the IP was other
than Turkish. 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.

(46) On the basis of information available from Eurostat, it
was established that all exports of CTVs from Thailand
to the Community were made by the sole co-operating
exporting producer in this country. In view of the above
findings regarding the origin, all CTVs exported from
Thailand to the Community were treated as originating
in Korea and Malaysia for the purpose of the review
investigations.

(42) Since the 45 % added value rule was not met, the origin
had to be determined on the basis of the 35 % value rule
of the non-originating parts/materials. In these circum-
stances, 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 almost all cases, at least 35 % of the ex-works price of
the CTV. It should be noted that there is no production
therefore, all CPTs were
of CPTs
imported.

in Turkey and,

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 272, 13.10.2001, p. 37.

4. Exports from the PRC, Korea, Malaysia and
Singapore

none

Furthermore,
reported any exports of CTVs
review IP. Thus,

(47) It should be noted that no co-operation was obtained
from any exporting producers in Korea, Malaysia or
Chinese
Singapore.
to the
companies
it was
Community during
considered
four
countries were those reported in the Eurostat imports
statistics as well as those exported from Turkey and
Thailand which were found to be of Korean, Malaysian
or Chinese origin.

the
that CTVs originating

in these

the

of

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D. DUMPING

1. People's Republic of China

review IP), and dumping calculations were made for
this period.

(48) No Chinese producer with exports of CTVs to the
Community during the review IP co-operated in the
investigation. However,
Turkish
one
company, Vestel Elektronik Sanayi ve Ticaret AS, was
found to be exporting significant quantities of CTVs of
Chinese origin. It was, therefore, considered appropriate
to calculate an individual dumping margin for this
company.

co-operating

(b) Normal value

(53) Due to the high inflation rate in Turkey during the
second half of the review IP, normal value was estab-
lished for the shortest possible meaningful period, i.e. on
a monthly basis,
in order to eliminate the effects of
inflation.

(a) Analogue country

this purpose,

(49) Since the PRC is a non market economy country, an
analogue market economy third country had to be
selected for
the establishment of normal value in
accordance with Article 2(7) of the basic Regulation.
For
initiation suggested
the notice of
Singapore, which was also the proposal made in the
review request. Within the time limit specified in the
relevant notice of initiation, certain Chinese companies
objected to this approach and requested that the lowest
normal value found in the other countries subject to the
investigation is used. One Chinese company suggested
the use of Malaysia, Thailand or Korea.

(50) However, producers in Korea, Singapore and Malaysia
did not co-operate with the investigation. Regarding
Thailand, the only company who co-operated with the
investigation had no domestic sales of CTVs and,
therefore, normal value could not be established for
this country. Consequently,
it was examined whether
Turkey could be used as an analogue country for estab-
lishing normal value. Turkey was also proposed as an
alternative option to Singapore in the review request.

(51) Turkey was considered as a reasonable choice of
analogue country as it is a competitive market and it
has significant production and domestic consumption.
There are several domestic producers leading to strong
internal competition and Turkish sales of the product
significant. Three Turkish producers
concerned are
which co-operated in the framework of the investigation
against Turkey, provided details
their
domestic sales and cost of production.

concerning

(52) In these circumstances, the Commission decided to use
the
Turkey as an analogue country. Since the IP of
investigation against imports of the product concerned
originating in Turkey overlapped with the review IP for
six months, normal value was established only for the
i.e. 1 July
common period of the two investigations,
the
1999 to 31 December 1999 (second half of

(54) Domestic

sales were

considered to be

sufficiently
representative in comparison with the export sales. In
addition, the Commission services examined whether the
domestic sales of each company could be considered as
being made in the ordinary course of trade pursuant to
Article 2(4) of the basic Regulation.

(55) This was done by establishing the proportion of
domestic sales
customers, of each
to independent
exported product model, sold in the ordinary course of
trade on the domestic market during the second half of
the review IP. For those product models where more
than 80 % by volume was sold at a profit on the
domestic market, and where the weighted average sales
price was equal to or higher than the weighted average
production cost, normal value, by product model, was
calculated as the weighted average of all domestic sales
prices of the type in question. For those product models
where at least 10 %, but no more than 80 %, by volume,
was sold at a profit on the domestic market, normal
the
value, by product model, was
weighted average of
sales
prices only, of the model in question.

calculated as
the profitable domestic

(56) Given that domestic sales of the like product by the
Turkish producers during the first half of the IP were
found to be made in sufficient quantities and in the
ordinary course of trade, normal value was based on
the actual prices paid or payable for the corresponding
product model, by independent customers in Turkey
during the second half of the review IP.

(c) Export Price

(57) The investigation showed that the exports of Chinese
origin CTVs by the Turkish company concerned, via
its related exporters in Turkey, were made both to
unrelated and to related customers in the Community.

(58) Therefore, for those sales made to unrelated customers
in the Community, the export price was established in
accordance with Article 2(8) of the basic Regulation, on
the basis of export prices actually paid or payable.

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(59) For sales made via related importers, the export price
was constructed on the basis of resale prices to inde-
pendent customers. Adjustments were made for all costs
incurred between importation and resale by that
including selling general and administrative
importer,
expenses (SG&A), and for the profit margin found in
the investigation to have been attained by unrelated
importers of
in accordance
the product concerned,
with Article 2(9) of the basic Regulation.

customers in the export market, then all the domestic
customers would qualify for the maximum rebate given
in the domestic market, were claimed. This claim could
not be accepted since in accordance with Article 2(10)(c)
the basic Regulation quantity discounts can be
of
considered for an adjustment only if they are actually
given for differences in quantities and not on the basis of
notional assumptions.

(d) Comparison

(60) For the purposes of a fair comparison between the
normal value and the export price, due allowance in
the form of adjustments was made for differences
which were claimed and demonstrated to affect price
comparability in accordance with Article 2(10) of the
basic Regulation. On this basis, adjustments were made
taxes and
where appropriate with regard to import
insurance, handling,
indirect
loading
costs,
sales
after
ancillary
and
commissions and credit.

transport,
costs,

taxes, rebates,

(64) A level of trade adjustment for OEM sales was also
claimed. However,
it was found that prices on the
domestic market for the same models of branded and
OEM CTVs did not show a different pattern. Therefore,
this claim could not be accepted since any such
difference did not affect price comparability.

(65) The comparison between normal value and export price

was made on an ex-works basis.

(61) A number of adjustments for differences in other factors,
such as bad debt costs, finance costs due to differences
in inventory levels, finance costs of import taxes and of
indirect taxes, brand value allowance, advertising costs
and SG&A of related domestic distributors were claimed.
However, these claims were not accepted since it was
not demonstrated that they affected price comparability.

(e) Dumping margin for
CTVs of Chinese origin

the Turkish company exporting

(66) According to Article 2(11) of the basic Regulation, the
monthly weighted average normal value by product
compared with the monthly weighted
model was
average export price by product model. The dumping
margin, expressed as a percentage to the CIF price at
Community frontier level duty unpaid for Vestel Elek-
tronik Sanayi ve Ticaret AS, Turkey is 69,2 %.

(62) VAT related adjustments

such as VAT interest on
imports destined for domestic production and VAT
financing of domestic sales, were claimed.
In this
respect, companies have the obligation to collect the
tax on behalf of the State and to reimburse to it the
amount due. VAT transactions do not affect the financial
results (profits or losses) of companies. Instead, the VAT
transactions affect either the current assets or the current
liabilities as set out in their accounts. Moreover, and in
relation to any financial costs associated to VAT trans-
actions, due to their rolling nature, there is a constant
flow of VAT transactions going both ways (payable and
receivable) that in any given period offset each other.
Thus, any substantial financial cost related to VAT trans-
actions would under normal circumstances occur only at
life where
the
its
early stages of an enterprise's
than its sales
procurement needs are much higher
if
activity. Claims related to finance costs for VAT,
considered as normal operational
any,
overheads
should be made
concerning such costs since they do not affect price
comparability.

and no adjustments

should be

(63) Notional quantity discounts with the argument that, had
domestic customers purchased the same quantities as the

(f) Dumping margin for Chinese producers

(67) For the non co-operating Chinese exporting producers
and for Chinese producers without exports during the
review IP the level of dumping was determined on the
basis of the facts available.

(68) In this respect, the normal value was established on the
basis of the overall average domestic sales prices for all
models of CTVs of
the three co-operating Turkish
producers during the first half of the IP. Regarding the
export price,
it was determined on the basis of facts
the weighted
available by reference to Eurostat,
average CIF value, adjusted for ocean freight and
insurance, of imports from the PRC for all models of
CTVs during the second half of
the review IP. The
this normal value and export price
comparison of
showed that exports from the PRC to the Community
were dumped to a significant level during that period. In
fact, the dumping margin established was in excess of
the residual dumping margin which was established
during the previous investigation, i.e. 44,6 %.

i.e.

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(69) Moreover, POETIC gave in its request for review prima
facie evidence that significant dumping takes place in
respect of imports originating in the PRC. In fact, the
dumping margins alleged in the review request were also
in excess of the residual dumping margin established in
the previous investigation.

(70) In these circumstances, there was no reason to believe
that the dumping margin for China would be less than
the residual dumping margin established during the
previous investigation. Pursuant
the
basic Regulation,
therefore, a dumping margin of
44,6 % has been attributed to all producers in the PRC.

to Article 18 of

2. Korea

(71) Given that no exporting producer co-operated in the
facts
investigation,
available to it for determining the level of dumping for
Korea.

the Commission examined the

(72) In this respect, the normal value was established on the
the information provided by the Korean
basis of
i.e. the weighted
producers for the sampling exercise,
average value of
the product concerned sold in the
domestic market during the review IP. Regarding the
it was determined on the basis of facts
export price,
available by reference to Eurostat,
the weighted
average CIF value, adjusted for ocean freight and
insurance, of
imports from Korea for all models of
this
CTVs during the review IP. The comparison of
normal value and export price showed that exports
from Korea to the Community were dumped to a
significant level during the review IP. In particular, the
dumping margin established was
the
residual dumping margin which was established during
the previous investigation, i.e. 21,2 %.

in excess of

i.e.

(73) Moreover, POETIC gave in its request for review prima
facie evidence that significant dumping takes place in
respect of
the
imports originating in Korea.
dumping margins alleged in the review request were
also in excess of the residual dumping margin estab-
lished in the previous investigation.

In fact,

(74) In these circumstances, there is no reason to believe that
the dumping margin for all
the non-co-operating
companies would be less than the residual dumping
margin established during the previous investigation.
Pursuant
the basic Regulation, a
dumping margin of 21,2 % was attributed to all
non-co-operating producers in Korea.

to Article 18 of

in
review request, confirmed that significant dumping,
line with the above mentioned margins, was taking
place.

3. Malaysia

(76) Given that no exporting producer co-operated in the
investigation,
facts
available to it for determining the level of dumping for
Malaysia.

the Commission examined the

i.e.

it was

the
appropriate

information for
considered

(77) In this respect, and given that no Malaysian exporting
sampling
producer provided
exercise,
use
to
information regarding Korea to establish normal value
for Malaysia. In this respect, the normal value was estab-
lished on the basis of the information provided by the
Korean producers for the sampling exercise,
the
weighted average value of the product concerned sold
in the Korean market during the review IP. Regarding
the export price, it was determined on the basis of facts
the weighted
available by reference to Eurostat,
average CIF value, adjusted for ocean freight and
insurance, of imports from Malaysia for all models of
CTVs during the review IP. The comparison of
this
normal value and export price showed that exports
from Malaysia to the Community were dumped to a
the
significant
dumping margin established was
the
residual dumping margin which was established during
the previous investigation, i.e. 25,1 %.

level during the review IP.

In fact,
in excess of

i.e.

(78) In these circumstances, there is no reason to believe that
the non-co-operating
the dumping margin for all
companies would be less than the residual dumping
margin established during the previous investigation.
Pursuant
the basic Regulation, a
dumping margin of 25,1 % was therefore attributed to
all non-co-operating producers in Malaysia.

to Article 18 of

(79) For the same reasons, the same dumping margin of
25,1 % was attributed to Thomson Television Thailand,
Thailand and Beko Elektronik AS, Turkey, which were
found to export CTVs of Malaysian origin during the IP.
A comparison of the overall average export price of
these CTVs with an overall normal value established
on the basis of information concerning domestic prices
of similar CTVs types sold in Malaysia, as derived from
the review request, confirmed that significant dumping,
in line with the above-mentioned margins, was taking
place.

(75) For the same reasons, the same dumping margin of
21,2 % was attributed to Thomson Television Thailand,
Thailand and Beko Elektronik AS, Turkey, which were
found to export CTVs of Korean origin during the IP. A
comparison of the overall average export price of these
CTVs with an overall normal value established on the
basis of
information concerning domestic prices of
similar CTVs types sold in Korea, as derived from the

4. Singapore

the Commission examined the

(80) Given that no exporting producer co-operated in the
investigation,
facts
available for determining the level of dumping for
Singapore.
It is noted that the volume of exports to
the Community as derived from Eurostat statistics was
very low.

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(81) The normal value and the export price was established
on the basis of the information concerning domestic
sales and export sales to the Community provided by
one Singaporean producer for the sampling exercise. The
comparison of an overall average normal value with an
overall average export price thus established showed
significant dumping.

(82) In these circumstances, there is no reason to believe that
the dumping margin for all
the non-co-operating
companies would be less than the residual dumping
margin established during the previous investigation.
Pursuant to Article 18 of the basic Regulation, therefore,
a dumping margin of 24,6 % was attributed to all
non-co-operating producers in Singapore.

5. Thailand

i.e.

Television

(83) Only one company in Thailand co-operated in the
proceeding,
Thailand.
Thomson
However, the exports of this company were found not
to be of Thai origin and are dealt with as far as the level
of dumping is concerned in recitals (71) to (75) and (76)
to (79). According to the information available,
i.e.
Eurostat,
the non-co-operating producers did not
export CTVs of Thai origin to the Community during
the review IP. Therefore, there was no data available in
order to determine a new level of dumping for Thailand.

E. CONTINUATION OR RECURRENCE OF DUMPING

(84) In accordance with Article 11(2) of the basic Regulation,
it was examined whether the expiry of the measures in
force would be likely to lead to a continuation or
recurrence of dumping.

(85) In order to determine whether there was a likelihood of
continuation of dumping, the Commission investigated
the existence of current dumping on exports from the
countries concerned to the Community on the grounds
that if dumping was taking place, then it was reasonable,
in the absence of any information to the contrary, to
consider that it would be likely to continue in the future.

(86) As to the examination of
i.e.

the likelihood of
should the

the likely recurrence of
increased exports at
dumping,
current measures be
dumped prices
repealed, which is necessary when the volumes from
the
the
Commission investigated whether future dumping was
likely and whether any such dumping would take
place in significant quantities.

concerned are

countries

relatively

small,

1. People's Republic of China

(87) As previously mentioned, no Chinese

co-operating
company has exported CTVs to the Community during
the review IP. However, according to the information
available from Eurostat, CTVs were exported from this
country during the review IP. In accordance with the
information available, as set out in recital (70), it was
confirmed that the level of dumping for the CTVs orig-
inating in and exported from this country continued to
be significant.

(88) In addition, the investigation showed that a significant
volume of CTVs exported to the Community from
Turkey originated in the PRC. It was found that these
CTVs were
significantly
exported from Turkey at
dumped prices.

(89) Moreover, the comparison of normal value established in
the analogue country, Turkey, with the prices of Chinese
exports to third countries showed that these exports
were made at considerably dumped prices.

(90) According to information submitted by the co-operating
Chinese companies, the production capacity for CTVs in
the PRC has increased since 1998, whilst domestic
consumption was not able
to absorb production.
there are significant
According to this information,
spare production capacities of CTVs for export in the
PRC as almost half of the existing capacity, representing
around 50 % of the Community market, is unused. It is
therefore, considered most likely that, should measures
be repealed, the dumped exports of Chinese CTVs to the
Community will increase significantly.

(91) Therefore, there is no reason to believe that dumping
will not continue if the measures in force were repealed.

2. Korea

(92) As previously mentioned, no producers

in Korea
co-operated in the investigation. Moreover, as derived
from Eurostat, CTVs were exported from this country
in relatively large quantities during the review IP.
In
accordance with the information available as set out in
recitals (74) and (75), the Commission confirmed that
the level of dumping for the CTVs exported from this
country continued to be significant.

(93) Furthermore,

in accordance with the

information
obtained by the co-operating producers
in Turkey
(Beko Elektronik AS) and Thailand (Thomson Television
Thailand), the investigation showed that CTVs sales orig-
inating in Korea and exported from these countries were
made at dumped prices.

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(94) According to the information available,

i.e. the review
request,
large capacities for CTVs production exist in
Korea and the domestic consumption absorbs less than
15 % of the production which leaves significant scope
for increased exports. Moreover, while this capacity
remained stable between 1996 and 1999, the domestic
consumption in the same period decreased by 23 %.
Although there
the market
demand in Korea will grow moderately, there remain
significant free production capacities of CTVs in Korea.
As the origin of the CPTs is often decisive in deter-
mining the origin of the CTVs, the production capacities
of CPTs in Korea were examined and were also found to
be significant.

expectations

that

are

(101) Since the imposition of anti-dumping measures in 1995,
imports of CTVs originating in Singapore decreased
from around 36 000 sets
to around 2 000 sets,
holding a share of
the Community market which
decreased from 0,1 % to close to 0 %. This decrease in
the volume of imports should be seen in the light of the
fact that two exporting producers had an anti-dumping
duty of 0 %. Furthermore, exports of Singaporean CTVs
to other main CTV markets, such as the USA were also
at very low levels (35 000 sets in 1999). It is therefore
reasonable to conclude that the decrease in the volume
of exports from Singapore is not due to the imposition
of anti-dumping measures on this country, but rather to
the focus of domestic production to local markets.

(95) In conclusion, the facts available indicate the existence of
significant capacities which could be directed to the
Community should the current measures be repealed.
In these circumstances, there is no reason to believe
that
lead to
repeal of measures would not
continuation of dumping in significant quantities from
Korea.

the

(102) Information provided by the applicant in the request for
review shows that production in Singapore substantially
decreased from an estimated 4,5 million sets in 1995 to
an estimated 1,3 million sets in 1999. Capacity was also
reduced due to the discontinuation of production by
several Singaporean producers.

3. Malaysia

(96) As previously mentioned, no producer

in Malaysia
co-operated in the investigation. Moreover, Eurostat
shows that certain quantities of CTVs were exported
from this country during the review IP. In accordance
with the information available, as set out in recital (78)
to (79), the Commission confirmed that the level of
dumping for
the CTVs exported from this country
continued to be significant.

(97) Furthermore,

in accordance with the

information
obtained by the co-operating producers
in Turkey
(Beko Elektronik AS) and Thailand (Thomson Television
Thailand), the investigation showed that significant CTVs
sales originating in Malaysia and exported from these
countries were made at dumped prices.

(98) According to the information available, in particular the
review request,
large capacities for CTVs production
exist in Malaysia. As the origin of the CPTs is often
the CTVs,
decisive in determining the origin of
the
in Malaysia were
production capacities of CPTs
examined and were also found to be significant.

(99) In conclusion, there is no reason to believe that the
repeal of measures would not lead to continuation of
dumping in significant quantities from Malaysia.

4. Singapore

(100) Given the very low volume of dumped exports during
the review IP, it was considered appropriate to examine
the likelihood of recurrence of dumping.

(103) In view of the above, it is not expected that the repeal of
the anti-dumping measures in force would lead to a
recurrence of dumping in significant quantities from
Singapore.

5. Thailand

the CTVs

(104) Although several CTVs producers exist in Thailand, only
one which had exported CTVs to the Community during
the review IP co-operated in the investigation. However,
as mentioned above,
exported to the
found to be
Community by this producer were
dumped but being of Korean and Malaysian origin.
According to the information available,
i.e. the review
request,
large capacities for CTVs production exist in
Thailand and the domestic consumption absorbs less
than 16 % of the production which leaves significant
scope
this
capacity increased by 17 % between 1996 and 2000,
same period
the
consumption in the
free
decreased by 30 % leaving,
production capacities of CTVs in Thailand.

increased exports. Moreover, while

significant

domestic

thus,

for

(105) As the origin of the CPTs is often decisive in deter-
mining the origin of the CTVs, the production capacities
of CPTs in Thailand were examined and were also found
to be significant.

in significant

(106) There are, therefore, sound reasons to believe that the
repeal of measures would lead to a recurrence of
dumping
from Thailand.
Regarding the level of dumping, there are no reasons
to believe that
it would be less than the residual
margin established for the non-cooperating exporting
and 14,7 % for Thomson
producers
Television Thailand as found in the context of
the
previous anti-dumping investigation.

(i.e. 33,6 %)

quantities

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F. COMMUNITY INDUSTRY

1. Community production

to conclude that any of
belong to the Community production.

these producers should not

(107) In the Community CTVs are manufactured by the

following operators:

— Five producers who lodged and/or supported the
complaint and co-operated during the investigation:
(IT), Grundig (D), Philips Elec-
Industrie Formenti
tronic Consumers (NL), Seleco Formenti
(IT) and
Tecnimagen (E).

— One producer who lodged the complaint but finally
did not co-operate: AR Systems (E). The company
was informed of its exclusion from the Community
industry and raised no objections.

— Six producers, which were not

complainants,
submitted some basic information, even not
fully
replying to the questionnaire, did not oppose the
(F), Matsushita Panasonic
proceeding: Great Wall
(UK) Mivar (I), Sanyo (E), Semitech Turku (FI), and
Thomson Multi Media (F). The latter opposed the
continuation of the anti-dumping measures.

— Other producers which did not co-operate but did

not oppose to the procedure.

(108) It was assessed whether the above mentioned companies
could be considered as constituting the Community
production, within the meaning of Article 4(1) of the
basic Regulation.

(109) One non complainant Community producer was found
to be related to one exporter concerned and to be
importing itself CTVs originating in two of
the
In accordance with Article 4 of
countries concerned.
this
the basic Regulation it was examined whether
producer was merely supplementing their Community
production with an additional
activity based on
imports or it was rather an importer with relatively
limited additional production in the Community.

(110) It was found that

the activities of

this
the core of
company (i.e. production sites, headquarters and R&D)
lies within the Community and therefore this company
should not be excluded from the definition of
the
Community production. As
to other Community
producers which neither participated in the investigation
nor provided any information, there were no indications

(111) One Turkish exporter claimed that one complainant
Community producer
should be excluded from the
Community production, considering that it had moved
the bulk of its CTV production outside the Community,
It should
i.e. to its factories in Poland and Hungary.
firstly be noted that the basic Regulation merely allows
for the exclusion of Community producers which are
related to the exporters concerned or are themselves
importers of the allegedly dumped product. Nonetheless,
since the complainant
this
Community producer in question produces the product
concerned in the Community and still has the core of its
activities in the Community (i.e. consumer electronics,
production sites, headquarters and R&D) and should
therefore not be excluded from the definition of the
Community production.

the case here,

is not

(112) It is therefore considered that all the above mentioned
operators are Community producers and thus constitute
the Community production within the meaning of
Article 4(1) of the basic Regulation.

2. Definition of the Community industry

(113) The

five

co-operating Community producers,

i.e.
Industrie Formenti, Grundig, Philips Consumer Elec-
tronics, Seleco Formenti and Technimagen,
the
requirements of Article 5(4) of the basic Regulation,
since they account for 30 % of the total Community
production of CTVs. They are therefore deemed to
constitute the Community industry within the meaning
of Article 4(1) of
the basic Regulation and will be
referred to as the ‘Community industry’.

fulfil

G. ANALYSIS OF THE SITUATION OF THE COMMUNITY
CTV MARKET

1. Preliminary remark

(114) It should be noted that Seleco Formenti was declared
in April 1997 and was purchased by
bankrupt
Industrie Formenti
in March 1998. The new entity
re-started CTV production in October 1998. Thus, for
reason of comparability of the trends pertaining to the
situation of the Community industry, the data provided
by Seleco Formenti has been excluded from the total of
the Community industry.

(115) As already mentioned above at

the analysis of
(23)
trends relevant
injury covered
for the assessment of
the period 1995 to 30 June 2000 (‘period considered’).
In this respect it is worth noting that the review IP
corresponds to the year 1999.

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2. Apparent Community Consumption

by

and

other

industry

(116) Apparent consumption was based on the combined
volume of sales in the Community market by the
Community
co-operating
Community producers as reported in their question-
naires replies, the volume of sales provided by certain
other Community producers, the estimated volume of
sales by other non co-operating Community producers
for a review and the
as
information on the
as
reported by Eurostat, cross-checked where possible by
reference to the information provided by co-operating
exporters.

reported in the request

volume of

imports

total

(117) Consumption of CTVs is influenced by major sporting
such as world and European football cham-
event
pionships and Olympic games, when sales of CTVs
generally increase.

(118) Over the period considered consumption of CTVs in the
Community increased by 31 % from 24,7 million in
1995 to 24,5 million in 1996,
to 27,7 million in
1997, to 31 million in 1998, to 30,7 million in 1999
and to 32,4 million during the IP.

3. Imports from the countries concerned

(119) In view of

the above findings concerning origin,

in
particular the lack of imports of CTVs originating in
Thailand, the assessment of imports from the countries
concerned will be limited to imports originating in the
PRC, Korea, Malaysia and Singapore.

(a) Volume of the imports concerned and market share

(120) The volume of

imports originating in the countries
concerned during the IP includes also those CTVs
which were found to originate in a country concerned
different from that of exportation as explained above. In
order to have comparable trends, in the case of imports
of CTVs originating in the countries concerned but
exported from other countries, the ratio of CTVs orig-
inating in the countries concerned found for the IPs was
applied for the previous years.

(121) Total imports concerned increased by 73 %, going from
1,4 million in 1995, to 1,2 million in 1996, to 1,3
million in 1997, to 1,8 million in 1998, to 2 million
in 1999 and to 2,5 million in the IP.

(122) The share of the Community market of the imports
concerned evolved from 5,6 % in 1995 to 4,8 % in

1996, 4,6 % in 1997, 5,7 % in 1998, 6,6 % in 1999 and
7,5 % during the IP.

(b) Prices of the dumped imports

(i) E v o l u t i o n o f p r i c e s

(123) According to data supplied by Eurostat and co-operating
exporters,
import prices
the weighted average unit
(duties unpaid) in the IP amounted to EUR 101 in the
case of imports originating in the PRC, EUR 123 in the
case of Imports originating in the PRC but exported
imports orig-
from Turkey, EUR 180 in the case of
inating in Korea, EUR 115 for imports originating in
Malaysia, EUR 82 for imports originating in Malaysia
and exported from Thailand and EUR 170 for imports
originating in Singapore.

(124) These prices are the result of the mix of all models and
screen sizes. If only the small screen size segment is
considered (14''), which represents around 50 % of all
imports into the Community; the weighted average unit
import prices in the IP amounted to EUR 90 for the
PRC, EUR 86 for imports originating in the PRC and
exported from Turkey, EUR 151 for Korea, EUR 93 for
Malaysia, EUR 82 for imports originating in Malaysia
and
EUR 147 for
Singapore.

from Thailand

exported

and

(ii) P r i c e u n d e r c u t t i n g

industry

(125) In order to examine the price behaviour of Chinese
imports in the Community market, the prices of the
the
imports concerned were compared to those of
sales made by
in the
the Community
Community market, net of all rebates and discounts, at
the same level of trade. In the case of CTVs exported
from Turkey and originating in the PRC, Korea and
Malaysia, this examination was done on the basis of
data pertaining to a period of six months, since as
mentioned above the investigation periods of both
proceedings only overlapped from 1 July 1999 to
31 December 1999. The import prices were at the CIF
Community frontier level and were duly adjusted for
and anti-dumping duties paid and post-
customs
importation costs. The prices of
the Community
industry were those to the first unrelated customer at
an ex-works level.

(126) In view of the large number of models, the CTVs sold in
the Community market were categorised according to
those features considered to have the greatest impact
on the cost of CTVs, namely screen size,
screen
format, screen type, picture frequency, sound, teletext
countries where no
and TV system.
those
co-operation was
exporting
from the
producers, price comparisons were carried out on the
basis of
i.e. data obtained
the information available,
from Eurostat, taking into account screen sizes.

For
obtained

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(127) The differences

in prices, when expressed as

a
percentage of the Community industry's prices showed
margins of price undercutting ranging between 1,9 %
and 34,3 % for all
concerned with the
countries
exception of Singapore, for which no price undercutting
was found.

4. Economic situation of the Community industry

(a) Preliminary remark

(128) The situation of the Community industry should be seen
in the light of
in 1997 the largest
Community producer closed some production facilities
of CTVs and delocalised them to Poland, which is in
itself a consequence of a critical
the
Community industry on the Community market.

situation of

the fact

that

(135) The Community industry's share of

the Community
market went from 24 % in 1995 to 17 % during the
IP, which corresponds to a decrease of 7 percentage
points.

(e) Growth

(136) While Community consumption increased by around
30 % over the period considered, the sales volume of
the Community industry decreased by around 7 % and
the volume of imports concerned increased by 73 %.
Despite the growth in consumption, the Community
industry did not increase its share of the Community
market, which went from 24 % in 1995 to 17 % in
the IP. Thus, the Community industry could not fully
benefit from the growth of the market.

(b) Production, capacity and utilisation

(129) The production of

the Community industry evolved
from 6,5 million in 1995, to 6,6 million in 1996, 6
million in 1997, 6,1 million in 1998, 5,9 million in
1999 and 6 million during the IP i.e. an overall
decrease of 7 percentage points.

(f) Sales prices and factors affecting Community prices

(137) CTVs are progressively becoming a mature product,
where prices are eroded regularly. The erosion in
prices is more evident in the small screen sizes, with a
limited number of features and generally used as second
or third set in households.

(130) The Community industry production capacity evolved
from 7,5 million in 1995 to 7,7 million in 1996, to
7,3 million in 1997,
to 7,1
million in 1999 and during the IP, with an overall
decrease of 4 percentage points during the whole period.

to 7 million in 1998,

(131) The Community industry's capacity utilisation remained
stable, evolving from 87 % in 1995 to 85 % in 1996,
82 % in 1997, 86 % in 1998, 83 % in 1999 and to 85 %
in the IP.

(c) Stocks

(132) The level of stocks by the Community industry went
from around 500 000 in 1995, to around 400 000 in
1996 and 1997, to around 500 000 in 1998 and to
around 400 000 in 1999.With the exception of 1998,
the volume of stocks remained relatively stable over the
period considered, both as a percentage of production
volume (7 %) as well as a percentage of sales volume
(8 %).

(d) Sales volume and market share

(133) The

sales volume of

the Community industry to
unrelated customers in the Community evolved from
5,9 million in 1995 and 1996, to 5,4 million in 1997
and 1998, to 5,3 million in 1999 and 5,5 million during
the IP.

(138) The main costs element for CTVs is the price of the CPT,
often representing between 40 % and 60 % of the price
of CTVs. In this respect, certain Community producers
indicated the existence of a shortage of CPTs in the
Community market during the period considered,
especially in 1999 and the
several
Community producers also indicated that given the
fact that a part of CPTs incorporated in CTVs manu-
factured in the Community is purchased in US dollars,
the average cost of CPTs increased in 1999 and during
the IP for Community producers due to the development
of exchange rates.

IP. Moreover,

(139) Weighted average unit prices of the Community industry
to unrelated customers went from EUR 300 in 1995 to
EUR 302 in 1996, EUR 306 in 1997, EUR 320 in
1998, EUR 309 in 1999 and EUR 319 during the IP.
The average sales prices do not reveal a price erosion,
because it is the result of the product mix of types sold.

(140) However, the price erosion is evident if the average sales
prices per screen sizes are examined. For instance the
weighted average sales price of 14'' CTVs by the
Community industry decreased from EUR 105 in
1999 to EUR 102 during the IP. Those of 21'' CTVs
decreased from EUR 172 to EUR 168 whereas those
of 28'' CTVs decreased from EUR 380 to EUR 350.

(134) Sales decreased by 7 % between 1995 and the IP. They
remained stable between 1995 and 1996 and decreased
by 8 % between 1996 and 1997. Between 1997 and the
IP, sales increased by 3 %.

(141) In conclusion, the increase in the weighted average sales
prices by the Community industry is the result of a
change in the product mix, towards those models with
a higher value added.

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(g) Employment

(142) Employment of

the Community decreased by 20 %
during the period examined, evolving from 6 500
employees in 1995, to 6 000 employees in 1996, to
in
5 600 employees
1998,
to 5 100 in 1999 and to 5 200 employees
during the IP.

to 5 000 employees

in 1997,

(h) Productivity

(143) Productivity of the Community industry increased from
1 000 units per employee in 1995 to 1 100 in 1996
and 1997, 1 200 in 1998 and 1 150 in 1999 and in the
IP, with an overall growth of 16 %.

(i) Wages

(144) Wages of

the Community industry per

employee
remained stable in 1995 and 1996,
increased by 2 %
in 1997, by 1 % in 1998 and by a further 7 % in 1999.

(j) Investments

IP,

(145) Investments by the Community industry related to CTVs
increased from EUR 48 million in 1995, to EUR 52
an increase of 10 %.
i.e.
million during the
Investments represented around 2 % of
the turnover.
With the exception of 1996 and 1997, the level of
investments by the Community industry remained
relatively
considered.
Investments made by the Community industry in the
IP consisted mostly in the setting up of automatic
storage facilities.

during

period

stable

the

(k) Profitability

(146) The return on net sales made by the Community
industry in the Community market, before
taxes,
evolved from – 2,7 % in 1995 to + 1,3 % during the
IP. Following restructuring efforts, the break even was
reached in 1996. The profitability of the Community
industry improved in 1997, coinciding with further
the
restructuring through the relocation of part of
to
the main Community producer
production of
Poland. In 1998 the profitability remained at the same
level, due to an increase in the sales prices, coinciding
with important
the world
football championship. Between 1998 and 1999 profit-
ability deteriorated, due to a decrease in sales prices.
Between 1999 and the IP profitability improved, due
to an increase in sales prices resulting from a change
in the product mix, although it remained at a low level.

sporting events

such as

(l) Cash flow,
capital

return on investments and ability to raise

(147) Cash flow of the Community industry calculated as the
profit before taxes including non-cash items, after a
recovery in 1997, decreased progressively until the IP.

(148) Concerning the return on investments,

it was around
15 % in 1995, negative in 1996, clearly positive in

1997 and 1998, slightly positive in 1999 and during
the IP.

(149) None of

the companies constituting the Community
industry indicated any particular difficulties to raise
capital.

(m) Magnitude of the dumping margin and recovery from

past dumping

(150) As concerns the impact on the Community industry of
the magnitude of the actual dumping margin, given the
volume and the prices of the imports from the countries
this impact cannot be considered to be
concerned,
the Community industry
negligible. The situation of
improved in the period considered. However,
it did
not fully recover from past dumping and continues to
be weak.

5. Conclusion

(151) After the imposition of measures in 1995, the situation
of the Community industry improved, and by 1997, the
year in which significant restructuring took place,
its
profitability reached a satisfactory level.

(152) However, after 1998, the situation of the Community
industry deteriorated,
in particular in terms of profit-
ability which decreased to 1,3 % in the IP. The poor
profitability in 1999 was due to a decrease in the sales
prices, which were insufficient to cover the increasing
costs of the Community industry. In the IP, despite an
increase in the prices, costs increased above prices,
mostly due to an increase in the prices of CPT, main
input in the production of CTVs, and to the pressure
exerted on prices by the imports, thus preventing the
profitability of the Community industry from improving
to the levels in 1997 and 1998.

(153) Furthermore,

despite

increase

in Community
an
consumption (31 % over the period considered),
the
Community industry did not benefit from this growth
of the market and lost market share, which went from
24 % in 1995 to 17 % in the IP.

(154) In view of the above it is concluded that the situation of
the Community industry improved as from 1995 but
continues to be weak.

6. Impact of the imports concerned

(155) The investigation has shown that, despite the existence
imports from the countries
of anti-dumping measures;
concerned have increased by 73 % over
the period
considered, whereas consumption only increased by
31 %. The biggest increase took place between 1997
and 1998, when imports rose by 42 %, coinciding
increase in consumption (+ 12 %).
with the sharpest
The share of
the Community market held by the
imports concerned increased from 5,7 % in 1995 to
7,5 % in the IP.

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(156) The

export performance has

varied between the
countries concerned.
Imports originating in Singapore
have decreased over the period considered, holding a
share of the Community market close to 0 % in the IP.
Imports originating in the PRC increased substantially,
the increase being attributable to the imports of CTVs
originating in the PRC exported from Turkey. The
from 1,2 % in 1995 to
Chinese market share went
3,9 % during the IP.
Imports originating in Korea
increased substantially between 1998 and 1999 and
their market share went from 0,4 % in 1995 to 2 %
during
in Malaysia
decreased Their market share decreased from 3,9 % to
1,6 %.

originating

Imports

the

IP.

those originating in Singapore,

(157) Regarding the prices of the imports concerned, with the
exception of
they
undercut those of the Community industry during the
imports concerned exerted a
IP. Furthermore,
pressure on the prices of
the Community industry
which prevented them from reflecting the increased
the Community industry especially in 1999
costs of
and in the IP. Thus, the price pressure exerted by the
countries concerned contributed to the deterioration of
the profitability of the Community industry.

the

7. Import volumes and prices from other third
countries

(158) Imports from other third countries have been established
on the basis of Eurostat data and also include CTVs
exported from Turkey but originating in any of these
third countries, according to the findings on origin for
the IP. It should be noted that Eurostat figures, which
were the only information available, may not reflect the
actual origin of CTVs imported into the Community
from other third countries.

than 800 % over

from 1 million units

(159) The volume of CTVs imports from other third countries
the period
increased by more
considered,
in 1995 to 8,9
million in the IP. The main exports originated in
Poland (from 401 000 in 1995 to 5,3 million during
the
IP), Hungary (from 115 000 to 1,6 million),
Lithuania (from 114 000 to 920 000) and the Czech
Republic (from 2 000 to 660 000).

(160) Concerning their share of the Community market,

it
from 4,2 % in 1995 to 27,3 % in the IP, of
went
which Poland hold 16,4 %, Hungary 4,8 %, Lithuania
2,8 %, Czech Republic 2 % and other exporters 1,3 %.

(161) Regarding the prices of these imports, those originating
in Poland and Lithuania are below those of
the
Community industry and along the lines of those of
some of the countries concerned.
It cannot therefore
be excluded that these imports have also contributed

to the stagnation of the sales and market share by the
Community industry and to the price depression and
decreasing profitability in the IP.

(162) In conclusion,

imports

from other

third countries
increased significantly during the period considered,
well above the increase in apparent consumption and
above the increase in the volume of imports from the
countries concerned.

H. LIKELIHOOD OF CONTINUATION OR RECURRENCE
OF INJURY

1. Analysis of

the situation of
producers from the countries concerned

the exporting

(a) The PRC

(163) In the examination of the likelihood of continuation or
recurrence of injury account was taken of CTVs orig-
inating in the PRC whether exported from the PRC or
from other countries, such as Turkey.

(i) L i k e l y e x p o r t v o l u m e

(164) Imports into the Community of Chinese originating
CTVs increased by 413 % over the period considered.
Export
from the PRC decreased between 1995 and
1996 and remained at around the same level between
1996 and the IP. Exports
from Turkey increased
continuously from around 190 000 sets in 1995 to
around 1,2 million sets in the IP. Over 95 % of the
imports originating in the PRC in the IP corresponded
to small screen CTVs (14'').

(165) Information provided by the applicant in the request for
review shows that substantial production capacity exists
in the PRC, for around 40 million sets. Furthermore,
information was provided showing that production
was around 31 million sets and domestic consumption
around 23 million sets, leaving substantial amounts of
CTVs available for export.

(166) The Chinese exporting producers have in turn argued
that while production and capacity currently exceed
the Chinese domestic demand for CTVs is
demand,
likely to increase
leaving no
in the near
available production capacity for export. However, no
evidence was provided in support of this claim.

future,

(167) The

that Chinese

investigation showed

domestic
consumption has continuously increased, going from
an estimated 17 million sets in 1996 to an estimated
23 million sets in 2000. However, production also
increased during the same period, at a level exceeding
domestic consumption by between 7 and 10 million
sets.

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(168) It was also found that exports of Chinese CTVS to the
USA as reported in the Eurostat statistics increased
substantially from around 220 000 sets in 1996 to
around 900 000 sets in 2000, at prices which were
substantially below those of the Chinese exports to the
Community. Exports of Chinese CTVs to Japan increased
from around 1,3 million sets in 1996 to around 2,3
million sets in 2000.
Information provided by the
applicant in the request for review indicated that these
were exports of CTVs produced by subsidiaries of
Japanese producers
in the PRC and sold in Japan
through their own distribution network.

in domestic

consumption in the

(169) In view of the above it is concluded that despite an
increase
PRC,
substantial excess production and capacity exist in the
PRC for export. Based on the above, it is likely that the
volume of exports of Chinese CTVs to the Community
would increase
should anti-dumping measures be
repealed.

(ii) L i k e l y e x p o r t p r i c e s

those of

(170) A comparison of the prices of Chinese CTVs as reported
by Eurostat and by the co-operating Turkish exporting
producer with those of the Community industry in the
IP shows that the prices of the CTVs originating in the
the Community
PRC substantially undercut
industry, between 18,9 % and 34,3 %.
Information
provided by interested parties shows that the bulk of
Chinese exports to the Community is in small screen
sizes (14 inches) with generally less features and where
the scope for price differentials between models is more
reduced. Thus,
it is considered that the calculation of
price undercutting on this basis adequately reflects the
price differential between Chinese and Community
CTVs.

(171) The weighted average Chinese exports prices to the USA,
without distinction of
screen sizes, converted to a
constructed CIF Community border price were also
significantly lower than the Community industry's prices.

(174) In the examination of the likelihood of continuation or
recurrence of injury account was taken of Korean orig-
inating CTVs exported from Korea and also from other
countries concerned, such as Thailand and Turkey.

(i) L i k e l y e x p o r t v o l u m e

In 1998 the volume of

(175) Exports of CTVs originating in Korea decreased from
around 98 000 sets in 1995 to around 80 000 in
1997.
imports increased to
around 200 000 sets. Imports continued to increase to
around 500 000 sets in 1999 and to around 650 000
sets in the IP. The biggest increase in the volume of
imports took place in medium/large screen sizes. The
share of
the Community market held by Korean
imports in the IP amounted to 2 %.

since 1984. However,

(176) Imports of Korean CTVs into the USA were subject to
anti-dumping measures
in
November 1998 the USA allowed the anti-dumping
the USA
to expire given the failure of
measures
domestic industry to reply to the notice of initiation of
the expiry review. The volume of imports of Korean
CTVs into the USA, on the basis of
the Eurostat
statistics, increased continuously from around 150 000
sets in 1996 to around 600 000 sets in 1999 and 2000.
The significant increase in the volume of exports to the
USA in 1999 coincided with the revocation of the anti-
dumping duties in force in the USA on imports orig-
inating in Korea.

(177) Exports of Korean CTVs

to Japan, decreased from
around 1 million sets in 1996 to around 700 000 in
1999 and further decreased significantly to around
380 000 in 2000.

(178) Information available to the Commission shows that
significant production capacity exists in Korea and that
than 15 % of
domestic
domestic production,
for
scope
increased exports. There are also significant production
capacities for CPTs in Korea.

consumption absorbs

leaving substantial

less

(172) From the above it can be concluded that prices of
exports from the PRC to the Community market are
likely to undercut
the Community
industry should measures be allowed to lapse. Thus, it
can be concluded that there is a likelihood of recurrence
of injury.

the prices of

(179) From the above it can be concluded that the likelihood
exists that
imports will continue to
increase should anti-dumping measures be allowed to
lapse.

the volume of

(b) Korea

(173) In 1998, the CTV Regulation was amended as regards
imports originating inter alia in Korea. The dumping
margin found for two Korean exporting producers, LG
Electronics and Samsung Electronis, was de minims and
thus no anti-dumping duties were imposed on these two
exporting producers.

(ii) L i k e l y e x p o r t p r i c e s

(180) A comparison of the prices of Korean CTVs as reported
by Eurostat and by the cooperating Turkish and Thai
exporting producers with those of
the Community
industry in the review IP per screen sizes shows that
the prices of the CTVs originating in Korea undercut
those of the Community industry between 11 % and
36 %.

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(181) The weighted average Korean exports prices to the USA
in the IP, without distinction of screen sizes, converted
to a constructed CIF Community border price were also
below those of the Community industry.

undercut
17 % and 21 %.

those of

the Community industry between

(182) From the above it can be concluded that prices of
Korean exports
likely to
undercut the prices of the Community industry should
measures be allowed to lapse. Thus, it can be concluded
that there is a likelihood of recurrence of injury.

to the Community are

(c) Malaysia

(183) In the examination of the likelihood of continuation or
recurrence of injury account was taken of CTVs orig-
inating in Malaysia, whether exported from Malaysia or
from other countries, such as Thailand and Turkey.

(i) L i k e l y e x p o r t v o l u m e

(184) Exports of CTVs originating in Malaysia decreased from
around 970 000 sets in 1995 to around 530 000 in the
IP and their share of the Community market decreased
from 3,9 % in 1995 to 1,6 % in the IP. Around 90 % of
these exports were made from Thailand.

(185) The volume of imports of Malaysian CTVs into the USA,
increased from
in 1996 and 1997 to 3,6
to 5,4 million in 1999 and to 7

on the basis of the Eurostat statistics,
around 3 million sets
million in 1998,
million sets in 2000.

(186) The volume of imports of Malaysian CTVs into Japan,
increased from 2,5 million sets between 1996 and 1998
to 3 million sets in 1999 and then to 4 million sets in
2000.

(187) Information provided by the applicant in the request for
the Malaysian producers are fully
review shows that
utilising their capacity and that only around 5 % of
domestic production is destined for
the domestic
market, the rest being destined basically to Japan, the
USA and the Community market.

(188) It is therefore concluded that a certain increase in the
volume of Malaysian imports of CTVs could take place if
the anti-dumping measures were repealed.

(ii) L i k e l y e x p o r t p r i c e s

(189) A comparison of

the prices of Malaysian CTVs as
reported by Eurostat and by the co-operating Turkish
and Thai
the
Community industry in the IP per screen sizes shows
the CTVs originating in Malaysia
that

exporting producers with those of

the prices of

(190) The weighted average Malaysian exports prices to the
USA in the IP, without distinction of screen sizes,
converted to a constructed CIF Community border
price, were below those of the Community industry.
Given the level of pricing practised by Malaysian
exporters in the USA, a major third country market, it
cannot be excluded that, should anti-dumping measures
be repealed, significant quantities of CTVs of Malaysian
origin could be exported to the Community at dumped
prices, causing injury to the Community industry.

(191) From the above it can be concluded that prices of
Malaysian exports
to the Community are likely to
undercut the prices of the Community industry should
measures be allowed to lapse. Therefore, there is a like-
lihood of recurrence of injury.

(d) Singapore

(192) Since no cooperation was obtained from any exporting
producers in this country, the analysis of the likelihood
of continuation or recurrence of injury was based on the
information available, in accordance with Article 18 of
the basic Regulation.

(i) L i k e l y e x p o r t v o l u m e

(193) As already mentioned above in recital

it

(103),

the fact

is
unlikely that a repeal of
the anti-dumping measures
will result in an increase in the volume of Singaporean
exports to the Community. This conclusion was reached
in
in view of
Singapore have decreased due to the discontinuation of
production by several local producers, the fact that the
volume of imports did not increase during the period
considered despite the 0 % anti-dumping duty applicable
to two exporting producers and the low volume of
exports of Singaporean CTVs to other third markets.

that production capacities

(ii) L i k e l y e x p o r t p r i c e s

(194) A comparison of the prices of the CTVs exported from
Singapore with those of the Community industry in the
the prices of the CTVs originating in
IP shows that
Singapore were
the
Community industry.

undercutting

those

not

of

(195) The average prices of the exports from Singapore to the
USA, without distinction of screen sizes were higher
then those of exports to the Community in 1997,
1998 and 2000, with the exception of 1999.

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(196) From the above,

it is unlikely that in the absence of
anti-dumping measures
such imports would be at
prices which could contribute to the deterioration of
the situation of the Community industry. It is therefore
concluded that a recurrence of injury caused by imports
originating in Singapore is unlikely.

converted to a constructed CIF Community border price,
were below those of the Community industry and along
the lines of those originating in Malaysia, for which it
has been concluded that a likelihood of recurrence of
injurious dumping exists.

(e) Thailand

investigations. However,

(197) According to the information presented in the request
for a review a number of CTV producers exists in
them co-operated
Thailand, although only one of
during the
exporting
the
producer was
Community CTVs originating in countries concerned
other than Thailand. In view of the above, the exam-
ination of the likelihood of continuation or recurrence of
the
injurious dumping was done on the basis of
information available.

this
exported

to have

found

to

(i) L i k e l y e x p o r t v o l u m e

(198) According to the information submitted by the applicant
in the request
substantial production
for a review,
capacity for CTVs exists in Thailand, which increased
from around 4,5 million units in 1996 to around 5,3
million in 2000.

(199) During the same period domestic consumption in
Thailand was found to have decreased from around
1,2 million units in 1996 to around 840 000 in 2000,
leaving, thus, substantial quantities available for export.

(200) On the basis of the information provided by Eurostat,
the volume of imports of Thai CTVs into Japan went
from 1,5 million units in 1996 to 1,3 million in 2000.
By contrast, the volume of imports of Thai CTVs into
the USA went from 1,2 million units in 1996 to 4,7
million in 2000. It is therefore concluded that domestic
consumption, which
period
examined,
is able to absorb only a marginal part of
the total Thai production of CTVs.

contracted

over

the

(201) Furthermore, according to information available to the
Commission services, substantial production capacity for
CPT exists in Thailand, which has increased from around
6,6 million in 1997 to around 7,7 million in 2000.

(202) From the above it can be concluded that an increase in
the volume of imports of CTVs originating in Thailand
could take place if
the anti-dumping measures were
repealed.

(204) Given the level of pricing practised by Thai exporters in
other major third country markets, mainly USA (4,7 Mln
it cannot be
sets) and Japan (1,4 Mln sets)
excluded
be
allowed to lapse, significant quantities of Thai CTVs
could be exported to the Community at dumped
prices, causing injury to the Community industry.

anti-dumping measures

in 2000,

should

that,

(205) It is therefore concluded that there is a likelihood of
recurrence
from
imports of CTVs originating in Thailand should the
current anti-dumping measures be repealed.

dumping

injurious

resulting

of

2. Conclusion on the likelihood of recurrence of
injury for the Community industry

(206) On the basis of the above it is likely that the repeal of
the anti-dumping measures on imports of CTVs orig-
inating in the PRC, Korea, Malaysia and Thailand
would result in an increase in the volume of imports
originating in these countries into the Community, thus
eroding the share of the Community market held by the
Community industry.

(207) Given the findings regarding the price behaviour of
these imports into the Community and, where available,
into other third countries, it is likely that an increase in
volume of imports at low prices will depress the prices
of the Community industry. This would in turn lead to a
deterioration of the financial situation of the Community
industry. Therefore it is concluded that there is a like-
lihood of
injury caused by dumped
imports originating in the countries concerned.

recurrence of

(208) On the other hand, given the findings regarding imports
of CTVs originating in Singapore, it is unlikely that these
the
imports will contribute to the deterioration of
situation of the Community industry. Consequently,
it
is not considered that there is a likelihood of recurrence
imports from
of
Singapore be repealed.

injury should the measures against

(ii) L i k e l y e x p o r t p r i c e s

(203) The weighted average Thai export prices to the USA and
to Japan in the IP, without distinction of screen sizes,

(209) According to Article 21 of the basic Regulation, the
Commission examined whether the maintenance of the
anti-dumping measures would be in the overall interest
of the Community.

I. COMMUNITY INTEREST

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(210) It is recalled that the anti-dumping measures have been
in force on imports of CTVs originating in Korea since
1990, the PRC since 1991 and Malaysia, Singapore and
Thailand since 1995.

the Community
the profitability of
improvement of
industry in the IP was due to a moderate increase in
its sales prices.

1. Interest of the Community Industry

(a) Change in the situation of the Community industry

(211) In the present investigation the Community industry is
composed of 5 producers out of which one is a large
multinational company operating inter alia in the market
of CTVs world-wide, one is a medium company with
two production sites
in the Community and the
remaining three are small companies with production
sites in Italy and Spain.

(212) The investigation has

shown that

the Community
industry has benefited from the anti-dumping measures
in place. In recent years, it has made considerable efforts
to restructure and to improve its productivity through
rationalisation. Since the imposition of the initial anti-
dumping measures
in 1990 certain Community
producers have closed down their facilities; others have
considerably restructured by concentrating in core
production sites and others have delocalised part of
In
their production facilities to other third countries.
particular,
anti-dumping
measures in 1995,
the largest Community producer
has delocalised part of its production facilities to Poland.

imposition of

since

the

(215) Thus, despite an overall improvement of the situation of
the Community industry over the period considered, its
situation still seems difficult, notably in terms of profit-
ability. In this context, any change in the commercial
environment of
the product concerned may have a
significant adverse effect on the situation of the CTV
industry.

(216) In view of

it

the above,

is considered that

the measures would

the
allow the
continuation of
Community industry both to maintain its share of the
Community market and to restore its profitability. The
continuation of the measures would therefore be in the
interest of the Community industry.

(c) Impact of the expiry of the measures

is expected that

the volume of
increase,

(217) Should the anti-dumping measures be allowed to expire,
imports from the
it
countries concerned will
thus eroding the
market share of the Community industry. Furthermore,
the prices of
these imports are likely to exert a
downward pressure on the Community industry's
prices which will result in a deterioration of its profit-
ability.

(b) Impact of the continuation of the measures

2. Interest of the importers/traders

certain

industry

improved,

(213) Although over the period considered the situation of the
economic
Community
show a declining trend. The Community
indicators
industry's decrease in production,
sales and market
share between 1995 and 1997 is mainly explained by
the closure of some production facilities in the EU by
the largest Community producer of CTVs. Between 1997
and the IP the Community industry regained production
the Community market
and sales but
decreased, since the increase in consumption during
that period was only to the benefit of imported CTVs.

share of

its

(218) At the outset of the investigation questionnaires were
sent to 33 importers/traders. No response was received
regarding the review investigations on the measures in
place on imports originating in the PRC, Korea,
Malaysia, Singapore, and Thailand. However, responses
were received from 3 importers/traders in the investi-
gation regarding imports
representing
around 9 % of the imports originating in the countries
concerned and in other
into the
Community in the IP.

third countries

from Turkey,

(214) Regarding profitability, the return on sales achieved by
the Community industry improved significantly from
– 2,7 % in 1995 to 5,3 % in 1998, but it deteriorated
to 0,8 % in 1999 and then reached 1,3 % in the IP. The
sharp deterioration in the profitability in 1999 can be
attributed to a decrease in the sales prices of
the
Community industry under the pressure of low import
prices, combined with an increase in its costs. The slight

(219) The arguments raised by these importers related mostly
to the limited availability of small screen CTVs with a
limited number of features in the Community. It was
argued that the majority of Community production is
in branded CTVs with a high number of features thus
commanding higher prices, whereas no-brand CTVs with
limited features
imported from third
countries. Thus, it was argued that the continuation of
measures would limit the access of importers and also of
consumers to these CTVs.

are mostly

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found.

(220) The investigation revealed that although a large part of
Community production is in branded CTVs with a large
number of features, a certain production of non-branded
CTVs by both the Community industry and other
a
Community producers was
substantial
including
of
part
of CTVs,
into the Community are not
non-branded CTVs,
covered by anti-dumping measures
the
continuation of measures on imports of CTVs orig-
not
inating
significantly limit the availability of non-branded CTVs
with a limited number of features. Finally, substantial
price competition exists among Community producers
themselves.

concerned would

Furthermore,

and thus

countries

imports

the

in

(221) In view of

the above,

continuation of
would significantly limit
importers/traders to certain types of CTVs.

it cannot be argued that

the
the anti-dumping measures in place
the access of Community

3. Interest of the consumer

(222) At

the outset of

the investigation the Commission
services informed the European Consumers Organisation
(BEUC) of the initiation of the investigation and invited
the
to provide comments on the likely effects of
it
continuation or repeal of the anti-dumping measures
in place. No response was received from BEUC or
from any other consumer organisation. Thus the exam-
ination of the interest of consumers in the present inves-
tigation was carried out on the basis of
the facts
available.

found that

the anti-dumping measures

the impact on consumers of

(223) In the course of the previous investigations on CTVs it
was
the
existence of anti-dumping measures was limited given
that
in place did not
restrict the range of products available to consumers,
the large number of players present in the Community
market and the large range of products which they offer.
Furthermore it was also found that the large number of
players ensured a high level of price competition
between brands.

(224) The present investigation has not brought to light any
new facts or arguments that would invalidate the above
mentioned findings. Indeed, a large number of players
continue to be active in the CTV market and thus the
range of products available to the consumer is very
large. Furthermore, substantial price competition takes
place between brands. This price
competition is
evident in the price erosion suffered by the simplest
CTV models (14 inches CTVs) where the competition
is more acute.

(225) It is therefore concluded that the continuation of the
the

in place is not against

anti-dumping measures
interests of consumers.

4. Conclusions on the Community Interest

(226) On the basis of the above it is concluded that there are
no compelling reasons on the grounds of Community
interest against the continuation of the anti-dumping
measures.

J. DETERMINATION IN RESPECT OF SINGAPORE

(227) In view of the findings in recitals (192) to (196), the
anti-dumping measures in place regarding imports orig-
inating in Singapore should be allowed to lapse.

K. ANTI-DUMPING MEASURES

(228) In view of the findings as described above and in order
to adequately reflect in particular changes in the pricing
behaviour of exporters it is considered appropriate to
maintain the same level of anti-dumping duties for
the
PRC and Thailand, and to modify the level of
applicable anti-dumping duties for Korea and Malaysia.

it

to eliminate the injury found.

(229) For the purpose of establishing the injury elimination
is considered appropriate to base it on an
level
amount sufficient
In
Council Regulation (EC) No 710/95 the duty was
based on the price undercutting taking account of the
fact that factors other than the dumped imports appear
to have contributed to the injury to the Community
industry and secondly that on a world-wide basis this
industry had for a number of years realised no or
extremely low profits.

(230) The Community industry argued that eliminating the
price undercutting found was
to fully
restore the situation of the Community industry and
allow it to introduce new products. It requested that a
minimum profit rate of 10 % be used to calculate the
injury elimination level, in line with that used in Regu-
lation (EC) No 2584/98.

insufficient

(231) It should be noted that the profit margin to be used
when calculating the injury elimination level should be
the one that the Community industry could reasonably
It is therefore not
reach in the absence of dumping.
consistent with the Community institutions' practice to
use a profit margin which the Community industry
could not have achieved if
there was no dumping.
This examination should be based on the information
relating to the relevant investigation period and may
thus be different
from that used in a previous
proceeding covering the same product but relating to
a different
investigation period, such as is the case
with Regulation (EC) No 2584/98.

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(232) Information available to the Commission and relating to
the IP showed a number of factors which lead to the
conclusion that it was appropriate in the context of the
current investigations to base injury elimination on the
level of price undercutting. Firstly, as stated in recital
(137), CTVs are a mature product whose prices are
regularly eroded, thus leading to relatively low levels
of profitability. Secondly, as stated in recital
(161),
during the IP imports from other third countries, to
increased
which
substantially, at prices which could have also contributed
to the low level of profitability of
the Community
industry. Finally, profitability levels of other CTV
producers world-wide are in line with those of
the
Community industry.

dumping was

attributable,

no

(233) In view of the above,

to eliminate price undercutting.

it is considered appropriate to
continue to base the injury elimination level on the
amount sufficient
In
the case of Thomson Television Thailand, given its
lack of exports to the Community of CTVs originating
in Thailand during the IP, it is considered appropriate to
maintain the rate of the anti-dumping duty imposed by
Council Regulation No 710/95. The rate of the duties,
based on the dumping margin or on the undercutting
margin where the latter was found lower than the
dumping margin, would be as follows:

PRC

Vestel Elektronik Sanayi ve Ticaret AS: 24,5 % (CTVs
assembled in Turkey)

All other exporters: 44,6 %

Korea

Beko Elektronik AS: 12,3 % (CTVs assembled in Turkey)

Thomson Television (Thailand) Co. Ltd: 0 % (CTVs
assembled in Thailand)

All other exporters: 15,0 %

Malaysia

Beko Elektronik AS: 18,2 % (CTVs assembled in Turkey)

Thomson Television (Thailand) Co. Ltd: 0 % (CTVs
assembled in Thailand)

All other exporters: 25,1 %

Thailand

Thomson Television (Thailand) Co. Ltd: 3 %

All other exporters: 29,8 %.

(234) The

company

individual

the present

the findings of

anti-dumping duty

(as opposed to the

rates
specified in this Regulation were established on the
basis of
investigation.
Therefore, they reflect the situation found during that
to these companies. These
investigation with respect
duty rates
country-wide 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’.

(e.g.

(235) Any claim requesting the application of these individual
following a
company anti-dumping duty rates
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 e.g. that name change
or that change in the production and sales entities. The
if appropriate, will, after consultation of
Commission,
the Advisory Committee,
the Regulation
amend
accordingly by updating the list of companies benefiting
from individual duty rates.

L. UNDERTAKINGS

(236) Seven Chinese companies offered a joint undertaking in
conjunction with the China Chamber of Commerce for
Products
Import & Export of Machinery & Electronic
the
(CCCME) within the meaning of Article 8(1) of
basic Regulation. The undertaking offer was supported
by the Chinese authorities. The elimination of
the
injurious effect of dumping is achieved by two means:
first, a price undertaking covering imports up to an
agreed volume threshold, and second an ad valorem
duty levied on imports over and above that threshold.
The CCCME will also provide the Commission with
regular
the
exports to the Community of the companies presenting
the joint undertaking, meaning that the undertaking can
be monitored effectively by the Commission. In addition,
the support given by the Chinese authorities is such that
the
the undertaking is
minimised.

information concerning

circumvention of

risk of

detailed

and

(1) European Commission

Directorate-General Trade
Directorate B
B-1049Brussels.

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(237) In view of this, the joint undertaking offered is therefore
considered acceptable and the companies concerned and
the CCCME have been informed of the essential facts,
considerations and obligations upon which acceptance is
based.

(238) To further enable the Commission to effectively monitor
the compliance of the companies with their joint under-
taking, when the request for release for free circulation is
presented to the relevant customs authority, exemption
from the anti-dumping duty shall be conditional on the
presentation of a commercial invoice containing at least
the elements listed in the Annex I, and a certificate
for
issued by the China Chamber of Commerce
Import & Export of Machinery & Electronic
Products
(CCCME) containing the elements of Annex II. This
also necessary to enable
level of
customs
sufficient
ascertain with
precision that shipments correspond to the commercial
documents. Where no such invoice is presented, or
when it does not correspond to the product presented
to customs, the appropriate rate of anti-dumping duty
will instead be payable.

information is
to
authorities

(239) It should be noted that a breach or withdrawal of the
undertaking or a suspected breach by any of
the
companies concerned or the CCCME shall be considered
as a breach of the undertaking by all signatories, and an
anti-dumping duty may be imposed, pursuant to Article
8(9) and (10) of the basic Regulation.

M. OTHER PROVISIONS

(240) In order to ensure an effective collection of the duty and
taking account of the findings of the investigation that
in most cases the origin of the CTV is the same as the
origin of the cathode ray tube,
importers should be
asked to declare the origin of the cathode ray tube. If
the latter originates in Malaysia, Thailand, the People's
Republic of China or the Republic of Korea and the CTV
originates in a country other than the country of origin
of the cathode ray tube, the importer shall be asked to
submit a separate declaration of origin issued by the
final producer.

(241) Importers shall be informed about the consequences of
non-cooperation or failure to submit correct information
when the customs authorities determine the origin of the
CTVs, i.e. the use of best facts available with the conse-
quence that the result may be less favourable than if
they had cooperated.
Importers shall be informed in
case information submitted is not accepted and they
shall be given an opportunity to provide further expla-
nations,

HAS ADOPTED THIS REGULATION

Article 1

A definitive anti-dumping duty is hereby imposed on
1.
imports of colour television receivers with a diagonal screen
size of more than 15,5 cm, whether or not combined in the
same housing with a radio broadcast receiver and/or clock,
other than those incorporating a modem and a computer
operating system (CTVs)
and falling within CN Codes
ex 8528 12 52 (TARIC code: 8528 12 52*11), ex 8528 12 54,
ex 8528 12 56, ex 8528 12 58, ex 8528 12 62 (TARIC code:
8528 12 58*10,
8528 12 54*10,
8528 12 56*10,
and ex 8528 12 66
8528 12 62*11 and 8528 12 62*92)
(TARIC code: 8528 12 66*10), and originating in Malaysia,
Thailand, the People's Republic of China and the Republic of
Korea.

The rate of

2.
free-
at-Community-frontier price, before duty, shall be as follows:

the duty applicable to the net,

Country

Malaysia

Thailand

People's Republic of China

Republic of Korea

Duty

25,1 %

29,8 %

44,6 %

15,0 %

TARIC
Additional Code

8900

8900

8900

8900

with the exception of imports which are manufactured by the
following companies, which shall be subject to the following
rate of the duty:

Duty

TARIC
Additional Code

(a) CTVs originating in Malaysia manu-

factured by:

Thomson Television (Thailand) Co.
Ltd, Pathumthani, Thailand

0 %

8815

B.

Beko Elektronik AS, Beylikduzu
Cekmece,
Mevkii,
34901
Istanbul, Turkey and its
related
company Ram Dis
export
Ticaret, Buyukdere Caddesi 101,
Mecidiyekoy, Istanbul, Turkey

sales

18,2 %

A281

(b) CTVs originating in the Republic of

Korea manufactured by:

Thomson Television (Thailand) Co.
Ltd, Pathumthani, Thailand

0 %

8815

B.

Beko Elektronik AS, Beylikduzu
Cekmece,
Mevkii,
34901
Istanbul, Turkey and its
related
export
company Ram Dis
Ticaret, Buyukdere Caddesi 101,
Mecidiyekoy, Istanbul, Turkey

sales

12,3 %

A281

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(c) CTVs originating in the People's
Republic of China manufactured by:

Vestel Elektronik Sanayi ve Ticaret
AS, Ambarli Petrol Ofisi Dolum
Tesisleri Yolu Avcilar,
Istanbul,
Turkey and its related export sales
companies:
i) Vestel Dis Ticaret
AS, Ambarli Petrol Ofisi Dolum
Tesisleri Yolu Avcilar,
Istanbul,
Turkey ii) Vestel Dis Ticaret AS
Ege Serbest Bolge SB, Akcay Cad.
Gunduz Sokak 144/1, Gaziemir,
Izmir, Turkey iii) Vestel Bilisim
Teknolojileri Sanayi ve Ticaret AS,
Ambarli
Dolum
Ofisi
Tesisleri Yolu Avcilar,
Istanbul,
Turkey iv) Vestel Komunikasyon
Sanayi
Sehit
Fethibey Cad. 116/301 Kat: 3
20157 Pasaport, Izmir, Turkey

Ticaret AS,

Petrol

ve

d) CTVs originating in Thailand manu-

factured by:

Duty

TARIC
Additional Code

24,5 %

A282

If evidence or information is not accepted, the supplying
4.
party shall be informed forthwith of the reasons therefor and
shall be granted an opportunity to provide further explanations
specified.
within the time limit
the explanations are
the reasons for rejection of such
considered unsatisfactory,
evidence or
information shall be disclosed to the parties
concerned prior to any final decision being taken. The final
decision shall also contain a statement of reasons.

If

5.
If a determination of origin is based on the facts available,
it shall, where practicable and with due regard to the time
limits of
to
information from other independent sources which may be
interested
available or
parties during the investigation.

the investigation, be checked by reference

information obtained from other

If an interested party does not cooperate, or cooperates
6.
only partially, so that relevant information is thereby withheld,
the result may be less favourable to the party than if it had
cooperated.

Thomson Television (Thailand) Co.
Ltd, Pathumthani, Thailand

3,0 %

8815

Article 3

Unless otherwise

3.
concerning customs duties shall apply.

specified,

the provisions

Article 2

in force

1.
Imports under one of the following TARIC additional
codes which are produced and directly exported (i.e. shipped
and invoiced) by a company named below to a company in the
Community acting as an importer shall be exempted from the
anti-dumping duty imposed by Article 1 provided that they are
imported in conformity with paragraph 2.

Upon presentation of the customs declaration for release
1.
into free circulation to the Member State's customs authority,
the importer shall declare the origin of the cathode ray tube
incorporated in the CTV. In cases where the cathode ray tube
originates in Malaysia, Thailand, the People's Republic of China
or the Republic of Korea and the CTV originates in a country
other than the country of origin of the cathode ray tube, the
importer shall also submit a declaration of origin issued by the
final producer of the CTV in conformity with the requirements
in Annex III.

Should a

subsequent

the Commission of

investigation by the

customs
2.
authority of a Member State or
the
European Communities reveal that any declaration of origin
in the customs declaration for release into free circulation in
the Community was incorrect or if a party involved in the
determination of origin refuse access to or otherwise does
not provide the information or documentation necessary for
the determination of the non-preferential origin of the CTV, its
origin may be determined by the competent authorities on the
basis of the best facts available. Where it is found that any
interested party has supplied false or misleading information,
the information shall be disregarded and use may be made of
facts available. Interested parties should be made aware of the
consequences of non-cooperation.

3. Where the information submitted by an interested party
in all respects it
in the context of this Article is not ideal
should nevertheless not be disregarded, provided that any defi-
ciencies are not such as to cause undue difficulty in arriving at
a reasonably accurate finding and that
the information is
appropriately submitted in good time and is verifiable, and
that the party has acted to the best of its ability.

Country of origin

Company

TARIC
Additional Code

People's Republic
of China

Electrical Appliances
Ltd, Haier Road 1,
Park,

Industrial

Haier
Corp.
Haier
Qingdao, China

People's Republic
of China

Hisense Import and Export Co.
Ltd, 11 Jiangxi Road, Qingdao
266071, China

People's Republic
of China

People's Republic
of China

People's Republic
of China

People's Republic
of China

KONKA Group Co., Ltd —
Town,
Overseas
Guangdong
Shenzhen,
Province, China

Chinese

Sichuan Changhong Electric
Co., Ltd, 35, East Mianxing
Park,
High-Tech
Road,
Mianyang, Sichuan, China

Inter-
Skyworth Multimedia
national
(Shenzhen) Co., Ltd
— 4F, 425 Ba Gua Ling Ind.
District, Shenzhen, China

TCL King Electrical Appliances
(HuiZhou) Co., Ltd — 19#,
ZhongKai Development Zone
Huizhou, Guangdong, China

People's Republic
of China

Xiamen Overseas Chinese Elec-
tronic Co., Ltd, 22 Huli Dadao,
Xiamen, 361006, China

A291

A292

A293

A294

A295

A296

A297

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Imports mentioned in paragraph 1 shall be exempted

2.
from the duty on condition that:

Article 4

The proceeding regarding imports of the product described in
Article 1(1) and originating in Singapore is hereby terminated.

of

(a) a commercial invoice containing at least the elements listed
in the Annex I, as well as a certificate issued by the China
Chamber
of
Machinery & Electronic Products (CCCME) containing at
least the elements listed in the Annex II are presented to
Member States customs authorities upon presentation of
the declaration for release into free circulation; and

Import & Export

Commerce

for

Article 5

This Regulation shall enter into force on the day following that
of
the European
Communities.

its publication in the Official

Journal of

(b) the goods declared and presented to customs correspond
precisely to the description on the commercial invoice and
the certificate.

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

ANNEX I

Necessary information for commercial invoices accompanying sales made subject to the undertaking

1. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

2. The name of the company mentioned in Article 2.1 issuing the commercial invoice.

3. The commercial invoice number.

4. The number of the relevant Undertaking Certificate.

5. The date of issue of the commercial invoice.

6. The TARIC additional code under which the goods on the invoice are to be customs cleared at the Community

frontier.

7. The exact description of the goods, including:

— the product code number (PCN),

— the technical specification of the goods (including size in cm, format of the screen, existence of the options

teletext and/or stereo),

— the company product code number (CPC) (if applicable),

— CN code,

— quantity (to be given in units).

8. The description of the terms of the sale, including:

— price per unit,

— the applicable payment terms,

— the applicable delivery terms,

— country of destination and port of entrance into the EU,

— total discounts and rebates,

— Country of origin.

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9. Name of the company acting as an importer to which the invoice is issued directly by the company.

10. The name of the official of the company that has issued the invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this
invoice is being made within the scope and under the terms of the undertaking offered by [company], and accepted
by the European Commission through Decision [. . .]. I declare that the information provided in this invoice is
complete and correct.’

ANNEX II

Necessary information for the certificate of CCCME accompanying sales made subject to the undertaking

1. The name, address, fax and telephone number of the China Chamber of Commerce for Import & Export of

Machinery & Electronic Products (CCCME).

2. The name of the company mentioned in Article 3.1 issuing the commercial invoice.

3. The commercial invoice number.

4. The date of issue of the commercial invoice.

5. The TARIC additional code under which the goods on the invoice are to be customs cleared at the Community

frontier.

6. The exact description of the goods, including:

— the product reporting code (PRC),

— the technical specification of the goods (including size in cm, format of the screen, existence of the options

teletext and/or stereo),

— the company product code number (CPC) (if applicable),

— CN code.

7. The precise quantity in units exported.

8. The number of the certificate.

9. The name of the official of CCCME that has issued the certificate and the following signed declaration:

‘I, the undersigned, certify that this license is given for direct exports to the European Community of the goods
covered by the commercial invoice accompanying sales made subject to the undertaking and that the license is
issued within the scope and under the terms of the undertaking offered by [company] and accepted by the
European Commission through Decision [. . .].
the information provided in this certificate is
I declare that
correct and that the quantity covered by this certificate is not exceeding the threshold of the undertaking.’

10. Date

11. The seal of CCCME

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ANNEX III

Declaration of Origin