2002/683/EC: Commission Decision of 29 July 2002 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating in Malaysia, the People's Republic of China, the Republic of Korea, Singapore and Thailand (notified under document number C(2002) 2835)
Date: 2002-07-29
Institutions: European Commission
Subjects: China, South Korea, South-East Asia, anti-dumping legislation, import, originating product, television equipment

L 231/42

EN

Official Journal of the European Communities

29.8.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 29 July 2002

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of colour television receivers originating in Malaysia, the People’s Republic of China, the
Republic of Korea, Singapore and Thailand

(notified under document number C(2002) 2835)

(2002/683/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1), as last
amended by Regulation (EC) No 2238/2000 (2), and in parti-
cular Articles 8 and 9 thereof,

imports of CTVs originating in Malaysia, the People’s
Republic of China, the Republic of Korea and Thailand,
and terminating the proceeding concerning the imports
of CTVs originating in Singapore.

After consulting the Advisory Committee,

B. UNDERTAKING

Whereas:

A. PROCEDURE

(1)

The Commission, following the publication in the Official
Journal of the European Communities (3) of a notice of initia-
tion of an expiry and an interim review pursuant to
Article 11(2) and (3) of Regulation (EC) No 384/96 (the
Basic Regulation), started a review investigation of the
anti-dumping measures imposed by Council Regulation
(EC) No 710/95 (4), as last amended by Regulation (EC)
No 2584/98 (5), on imports of colour television receivers
(CTVs) originating in Malaysia, the People’s Republic of
China, the Republic of Korea, Singapore and Thailand.

(3)

Subsequent to the disclosure to the interested parties of
the essential facts and considerations on the basis of
which definitive measures should be maintained on
imports of CTVs originating in the People’s Republic of
China, the China Chamber of Commerce for Import and
Export of Machinery and Electronics Products (CCCME)
and seven Chinese companies offered a joint under-
taking, implying that a breach by any of the Companies
or the CCCME shall be considered as a breach of the
undertaking by all Signatories. The undertaking offer was
supported by the Chinese authorities.

(2)

The definitive findings and conclusions of the investiga-
tion are set out in Council Regulation (EC) No 1531/
2002 (6),
imposing definitive anti-dumping duties on

(4)

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ C 94, 1.4.2000, p. 2.
(4) OJ L 73, 1.4.1995, p. 3.
(5) OJ L 324, 2.12.1998, p. 1.
(6) See page 1 of this Official Journal.

According to this undertaking the exporters/producers in
question have offered to sell
the product concerned
directly from the PRC (excluding any independent
customs territory) to unrelated customers in the Commu-
nity at minimum prices. In addition, this undertaking
provides for quantitative ceilings in defined periods for
sales to the Community of the product concerned. When
the relevant ceilings are reached, the anti-dumping duty
in force would be levied.

29.8.2002

EN

Official Journal of the European Communities

L 231/43

(5)

The Commission considers that the undertaking offered
by the CCCME and the Chinese companies concerned
can be accepted since it eliminates the injurious effects
of dumping. Moreover, the regular and detailed reports
which the CCCME undertook to provide to the Commis-
sion, will allow effective monitoring of the terms of the
undertakings. Under the circumstances, it is considered
that the risk of circumvention will be limited.

(6) When the request

for release for free circulation is
presented to the relevant customs authority, exemption
from the anti-dumping duty should be conditional,
pursuant to the undertaking, upon presentation of a
commercial invoice containing the information listed in
Annex I to Council Regulation (EC) No 1531/2002 and
of a certificate issued by the CCCME containing the
elements listed in Annex II of the said Regulation.

(7)

(8)

These documents are necessary for customs to ascertain
with sufficient precision that shipments correspond to
the commercial documents. Where no such invoice and
certificate are presented, or where they do not corre-
spond to the product presented to customs, the appro-
priate rate of anti-dumping duty established in the
abovementioned Regulation should instead be payable.

In the event of a breach, suspected breach, or withdrawal
of
the undertaking an anti-dumping duty may be
imposed, pursuant to Article 8(9) and (10) of the Basic
Regulation,

HAS ADOPTED THIS DECISION:

Article 1

In the framework of the anti-dumping proceeding concerning
imports of colour television receivers originating in Malaysia,
the People’s Republic of China, the Republic of Korea, Thailand
and Singapore, the joint undertaking offered in conjunction
with the China Chamber of Commerce for Import and Export

of Machinery and Electronics Products by the following compa-
nies:

(i) Haier Electrical Appliances Corp., Ltd, 1, Haier Road, Haier
Industrial Park, Qingdao, China — TARIC additional code
A291;

(ii) Hisense Import & Export Co., Ltd, 11 Jiangxi Road,
Qingdao 266071, China — TARIC additional code A292;

(iii) Konka Group Co., Ltd, Overseas Chinese Town, Shenzhen,
Guangdong Province, China — TARIC additional code
A293;

(iv) Sichuan Changhong Electric Co., Ltd, 35 East Mianxing
Road, High-Tech Park, Mianyang, Sichuan, China —
TARIC additional code A294;

(v) Skyworth Multimedia International

(Shenzhen) Co., Ltd,
4F, 425 Ba Gua Ling Ind. District Shenzen, China —
TARIC additional code A295;

(vi) TCL King Electrical Appliances (Hui Zhou) Co., Ltd, 19,
ZhongKai Development Zone Huizhou, Guangdong,
China — TARIC additional code A296;

(vii) Xiamen Overseas Chinese Electronic Co., Ltd, 22 Huli
Dadao, Xiamen SEZ, Fujian Province, China — TARIC
additional code A297,

is hereby accepted.

Article 2

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Communities.

Done at Brussels, 29 July 2002.

For the Commission

Pascal LAMY

Member of the Commission