Proposal for a Council Regulation amending the Annex to Council Regulation 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan
Date: 2002-08-30
Institutions: European Commission
Subjects: Japan, anti-dumping duty, import, originating product, recording equipment, television

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.8.2002
COM(2002) 478 final

Proposal for a

COUNCIL REGULATION

amending the Annex to Council Regulation 2042/2000 imposing a definitive anti-
dumping duty on imports of television camera systems originating in Japan

(presented by the Commission)

EXPLANATORY MEMORANDUM

By Council Regulation (EC) No 1015/94 (as subsequently amended) a definitive anti-
dumping duty was imposed on imports of certain television camera systems originating in
Japan. The Council specifically excluded from the scope of the anti-dumping duty the camera
systems listed in the Annex to that Regulation, representing high-end professional camera
systems technically falling within the product definition of the above mentioned Regulation,
but which cannot be regarded as broadcast camera systems.

In September 2000, the Council, by Regulation (EC) No 2042/2000, confirmed the above
definitive anti-dumping duties imposed in accordance with Article 11(2) of Council
Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from
countries not members of the European Community.

The Commission received requests from two Japanese exporting producers of television
camera systems to add certain models of professional camera systems to the Annex to Council
Regulation 2042/2000 and thus exempt them from the application of the duty.

The attached Council Regulation contains more detailed information, showing that the models
concerned are in fact successor models of professional camera systems which have been
previously exempted from the application of the duty and should be included in the above
mentioned Annex. Also, it is explained in detail why any such exemption can only be granted
from the date of receipt of the application by the Commission.

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Proposal for a

COUNCIL REGULATION

amending the Annex to Council Regulation 2042/2000 imposing a definitive anti-
dumping duty on imports of television camera systems originating in Japan

THE COUNCIL OF THE EUROPEAN UNION,

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 Community1,

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

Whereas:

(1)

(2)

(3)

(4)

1

2

3

4

1. PREVIOUS PROCEDURES

The Council, by Regulation (EC) No 1015/942, imposed a definitive anti-dumping
duty on imports of television camera systems (“TCS”) originating in Japan.

In Article 1(3)(e) of Regulation No 1015/94, the Council specifically excluded from
the scope of the anti-dumping duty camera systems listed in the Annex to that
representing high-end professional cameras systems
Regulation (“the Annex”),
technically falling within the product definition under Article 1(2) of Regulation (EC)
No 1015/94, but which cannot be regarded as television camera systems.

In October 1995, the Council, by Regulation (EC) No 2474/953, amended the above
mentioned Regulation (EC) No 1015/94, in particular as regards the like product
definition and as regards certain models of professional camera systems which were
explicitly exempted from the definitive anti-dumping duty.

In October 1997, the Council, by Regulation (EC) No 1952/974, amended the rates of
the definitive anti-dumping duty for two companies concerned, namely for Sony
Corporation and Ikegami Tsushinki in accordance with Article 12 of Regulation (EC)
No 384/96 of 22 December 1995 on protection against dumped imports from countries
not members of the European Community (the “Basic Regulation”). Furthermore, the
Council specifically excluded from the scope of the anti-dumping duty certain new
models of professional camera systems by adding them to the Annex.

OJ L 56, 6.3.1996, p.1. as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p.2)
OJ L 111, 30.4.1994, p.106 as last amended by Regulation (EC) No 176/2000 (OJ L 22, 27.1.2000,
p.29)
OJ L 255, 25.10.1995, p.11
OJ L 276, 9.10.1997, p.20

3

(5)

(6)

(7)

(8)

(9)

In January 1999 and 2000, the Council by Regulation (EC) No 193/19995 and
Regulation (EC) No 176/20006, amended Regulation (EC) No 1015/94 adding certain
successor models of professional camera systems to the Annex and thus excluding
those from the application of the definitive anti-dumping duty.

In September 2000, the Council by Regulation (EC) No 2042/20007, confirmed the
definitive anti-dumping duties imposed by Regulation (EC) No 1015/94 (as
subsequently amended) in accordance with Article 11(2) of the Basic Regulation.

In January 2001 and in May 2001, the Council by Regulation (EC) No 198/20018 and
Regulation (EC) No 951/20019, made the latest amendments to Regulation (EC) No
2042/2000 by adding certain successor models of professional camera systems to the
Annex and thus excluding them from the application of the definitive anti-dumping
duty.

Finally, in September 2001, the Council by Regulation (EC) No 1900/200110 further to
an interim review in accordance with Article 11(3) of the Basic Regulation confirmed
the level of the definitive anti-dumping duty imposed to the exporting producer
Hitachi Denshi Ltd.

2. INVESTIGATION CONCERNING NEW MODELS OF PROFESSIONAL
CAMERA SYSTEMS

2.1. Procedure

Two Japanese exporting producers, namely Victor Company of Japan Limited
(“JVC”) and Ikegami Tsushinki Co Ltd (“Ikegami”), informed the Commission on 17
April 2001, respectively 12 October 2001 that they intended to introduce new models
of professional camera systems into the Community market and requested the
Commission to add these new models of professional camera systems including their
accessories to the Annex and thus exempt them from the scope of the anti-dumping
duties.

(10)

The Commission informed the Community industry accordingly and commenced an
investigation limited to the determination of whether the products under consideration
fall within the scope of the anti-dumping duties and whether the operational part of
Regulation (EC) No 2042/2000 should be amended accordingly.

2.2. Models under investigation

(11)

The applications received concerned the following models of camera systems,
supplied with the relevant technical information:

(i) JVC

–

remote camera control unit RM-P210E

5

6

7

8

9

10

OJ L 22, 29.1.1999, p.10
OJ L 22, 27.1.2000, p.29
OJ L 244, 29.9.2000, p. 38
OJ L 30, 1.2.2001, p.1
OJ L 134, 17.5.2001, p.18
OJ L 261, 29.9.2001, p.3

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(ii) Ikegami

camera head HDL-37E

camera head HDL-10

camera head HDL-40

camera control unit MA-400

camera control unit CCU-37

camera control unit CCU-10

remote control unit RCU-400

remote control unit RCU-240A

camera adapter CA-450

–

–

–

–

–

–

–

–

–

All of the above models were presented as being part of professional camera systems
dedicated to the professional video market.

2.3. Findings

(12)

(13)

(14)

The Commission carried out a technical examination. It resulted from this analysis that
in spite of the technical development shown by these models, these are not sufficient
to classify them as broadcast or television camera systems. Therefore,
it was
concluded that all of the models concerned should be excluded from the scope of the
existing anti-dumping measures.

The Commission informed the Community industry and the exporter of the TCS of its
findings and provided them with an opportunity to present their views. On the basis of
the Commission’s findings and in the light of the fact that the interested parties did not
object to the Commission’s conclusions, all models and related equipment listed in
recital (11) above are considered as professional camera systems. It follows that they
should be exempted from the application of the anti-dumping duty applicable on TCS
originating in Japan, and the Annex should be amended accordingly.

Subsequently to the disclosure of above findings, one exporting producer, namely
Ikegami, requested that the camera models produced and exported by it should be
exempted retroactively from the anti-dumping measures in force, irrespective the date
of their importation. It was argued that since these models were found to be
professional camera systems, the anti-dumping duty should not apply on imports made
prior to the publication of the present Regulation.

(15) Camera systems listed in the Annex to Council Regulation (EC) No 2042/2000 can be
considered as exempted from the duty after it has been expressly determined that they
cannot be used for broadcast purposes. Such determination can only be made after
detailed examination by the Community institutions of the technical specifications of
the camera system concerned and accordingly, such camera systems can only be
exempted from the application of the duty from the moment an affirmative decision to
include the model in question in the Annex has been made. Accordingly the exemption

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should normally only produce its effects for the future, i.e. from the date of the
publication of the revised Annex.

(16) However, in specific cases, the Community Institutions found it appropriate to exempt
certain professional camera systems from the scope of the anti-dumping duty with
retroactive effect. In these cases, the camera models under examination had been
imported into the Community only between the moment of the request for exemption
and the publication of the relevant amendment of the Annex. Consequently these
the examination by the
transactions could be identified in the framework of
Commission. Under these particular circumstances it was considered acceptable not to
levy the duty on such imports occurring after the application for the exemption.

(17)

(18)

(19)

(20)

In the present case, retroactive effect is requested irrespective of the date of first
imports, and would hence cover imports that occurred prior to the request for
exemption. The investigation revealed that certain camera models concerned were
indeed imported already before an adequate request for exemption had been submitted
to the Commission, although initially Ikegami claimed that no imports of the models
subject to the request had taken place prior to such request.

In view of the above, it is considered that retroactive effect cannot be granted to
imports which took place before a request
for exemption was made to the
Commission. Exemptions can only be granted on the basis of an affirmative decision
to include certain camera types in the Annex. Indeed the nature of the camera system
in question cannot be determined prior to obtaining the technical specifications
contained in the request for exemption. There is no possibility for the Commission and
Member States Authorities to monitor the accuracy of CN classifications made by
exporting producers in respect of camera models not yet brought to the Commission’s
attention. As a result, should exemption from the duty be granted retroactively to a
date before the date of receipt of the application by the Commission, there would be
no risk borne by exporting producers seeking to avoid payment of the duty by first
importing their camera models under inappropriate CN codes, thus avoiding the duty,
and then subsequently applying for an exemption from the date of first importation if
and when the irregularities come to the authorities’ attention. Hence, whilst requests
for retroactive effect from the date of receipt of the application for exemption can be
considered, it is not appropriate to extend retroactive effect to imports that have taken
place before a request was made, taking account in particular of the serious risk of
circumvention of the measures.

Therefore, it is decided that imports of camera models of Ikegami subject to the
present examination imported on a date on or after the date of receipt of the
application for exemption, i.e. on or after 12 October 2001, should be exempted from
the duty.

For these same reasons, it is decided that camera models of JVC also subject to the
present examination should be exempted from the duty from the date of receipt of the
application for exemption by the Commission, i.e. from 17 April 2001.

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HAS ADOPTED THIS REGULATION:

Article 1

The Annex of Council Regulation (EC) No 2042/2000 shall be replaced by the Annex hereto.

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

Article2

2. This Regulation shall apply to imports of the following models produced and exported to
the European Community by the following exporting producers from the date of the receipt
by the Commission of the relevant request for exemption from the definitive anti-dumping
duty for these models, as specified below:

a) Ikegami Tsushinki Co Ltd from 12 October 2001:

–

–

–

–

–

–

–

–

–

camera head HDL-37E

camera head HDL-10

camera head HDL-40

camera control unit MA-400

camera control unit CCU-37

camera control unit CCU-10

remote control unit RCU-400

remote control unit RCU-240A

camera adapter CA-450

b) Victor Company of Japan Limited from 17 April 2001:

–

remote camera control unit RM-P210E

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

Done at Brussels,

For the Council
The President

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ANNEX

List of professional camera systems not qualified as television camera systems
(broadcast camera systems) which are exempted from the measures

Company
name

Camera heads

Viewfinder

Camera control unit

Operational
control unit

Master control
unit (*)

Camera adapters

Sony

DXC-M7PK

DXF-3000CE

CCU-M3P

RM-M7G

__

CA-325P

DXC-M7P

DXF-325CE

CCU-M5P

CA-325AP

CA-325B

CA-327P

CA-537P

CA-511

CA-512P

CA-513

VCT-U14(1)

DXC-M7PH

DXF-501CE

CCU-M7P

DXC-M7PK/1

DXF-M3CE

CUU-M5AP(1)

DXC-M7P/1

DXF-M7CE

DXC-M7PH/1

DXF-40CE

DXC-327PK

DXF-40ACE

DXC-327PL

DXF-50CE

DXC-327PH

DXF-601CE

DXC-327APK

DXF-40BCE

DXC-327APL

DXF-50BCE

DXC-327AH

DXF-701CE

DXC-537PK

DXF-WSCE(1)

DXC-537PL

DXF-801CE(1)

DXC-537PH

DXC-537APK

DXC-537APL

DXC-537APH

EVW-537PK

EVW-327PK

DXC-637P

DXC-637PK

8

Company
name

Camera heads

Viewfinder

Camera control unit

Operational
control unit

Master control
unit (*)

Camera adapters

DXC-637PL

DXC-637PH

PVW-637PK

PVW-637PL

DXC-D30PF

DXC-D30PK

DXC-D30PL

DXC-D30PH

DSR-130PF

DSR-130PK

DSR-130PL

PVW-D30PF

PVW-D30PK

PVW-D30PL

DXC-327BPF

DXC-327BPK

DXC-327BPL

DXC-327BPH

DXC-D30WSP(1)

DXC-D35PH(1)

DXC-D35PL(1)

DXC-D35PK(1)

DXC-D35WSPL(1)

DSR-135PL(1)

9

Company
name

Camera heads

Viewfinder

Camera control unit

Operational
control unit

Master control
unit (*)

Camera adapters

Ikegami

HC-340

VF15-21/22

MA-200/230

RCU-240

__

CA-340

HC-300

VF-4523

MA-200A(1)

RCU-390(1)

HC-230

VF15-39

MA-400(1)

RCU-400(1)

VF15-46(1)

CCU-37

RCU-240A

VF5040(1)

CCU-10

VF5040W(1)

HC-240

HC-210

HC-390

LK-33

HDL-30MA

HDL-37

HC-400(1)

HC-400W(1)

HDL-37E

HDL-10

HDL-40

Hitachi

SK-H5

GM-5 (A)

RU-C1 (B)

__

__

SK-H501

DK-7700

GM-5-R2 (A)

RU-C1 (D)

GM-5-R2

RU-C1

DK-7700SX

GM-50

RU-C1-S5

HV-C10

HV-C11

GM-8A(1)

GM-9(1)

RU-C10 (B)

RU-C10 (C)

HV-C10F

GM-51(1)

RC-C1

Z-ONE (L)

Z-ONE (H)

Z-ONE

Z-ONE A (L)

Z-ONE A (H)

Z-ONE A (F)

RC-C10

RU-C10

RU-Z1 (B)

RU-Z1 (C)

RU-Z1

RC-C11

10

CA-300

CA-230

CA-390

CA-400(1)

CA-450(1)

CA-Z1

CA-Z2

CA-Z1SJ

CA-Z1SP

CA-Z1M

CA-Z1M2

CA-Z1HB

CA-C10

CA-C10SP

CA-C10SJA

CA-C10M

CA-C10B

CA-Z1A(1)

CA-Z31(1)

CA-Z32(1)

CA-ZD1(1)

Z-ONE A

Z-ONE B (L)

Z-ONE B (H)

Z-ONE B (F)

Z-ONE B

Z-ONE B (M)

Z-ONE B (R)

FP-C10 (B)

FP-C10 (C)

FP-C10 (D)

FP-C10 (G)

FP-C10 (L)

FP-C10 (R)

FP- C10 (S)

FP-C10 (V)

FP-C10 (F)

FP-C10

FP-C10 A

FP-C10 A (A)

FP-C10 A (B)

FP-C10 A (C)

FP-C10 A (D)

FP-C10 A (F)

FP-C10 A (G)

FP-C10 A (H)

FP-C10 A (L)

RU-Z2

RC-Z1

RC-Z11

RC-Z2

RC-Z21

RC-Z2A(1)

RC-Z21A(1)

RU-Z3(1)

RC-Z3(1)

11

FP-C10 A (R)

FP-C10 A (S)

FP-C10 A (T)

FP-C10 A (V)

FP-C10 A (W)

Z-ONE C (M)

Z-ONE C (R)

Z-ONE C (F)

Z-ONE C

HV-C20

HV-C20M

Z-ONE-D

Z-ONE-D (A)

Z-ONE-D (B)

Z-ONE-D (C)

Z-ONE.DA(1)

V-21(1)

V-21W(1)

Matsushita

WV-F700

WV-VF65BE

WV-RC700/B

__

__

WV-AD700SE

WV-F700A

WV-VF40E

WV-RC700/G

WV-F700SHE

WV-VF39E

WV-RC700A/B

WV-F700ASHE

WV-VF65BE (*)

WV-RC700A/G

WV-F700BHE

WV-VF40E (*)

WV-RC36/B

WV-F700ABHE

WV-VF42E

WV-RC36/G

WV-F700MHE

WV-VF65B

WV-RC37/B

WV-F350

AW-VF80

WV-RC37/G

WV-F350HE

WV-CB700E

12

WV-AD700ASE

WV-AD700ME

WV-AD250E

WV-AD500E (*)

AW-AD500AE

AW-AD700BSE

WV-F350E

WV-F350AE

WV-F350DE

WV-CB700AE

WV-CB700E (*)

WV-CB700AE (*)

WV-F350ADE

WV-RC700/B (*)

WV-F500HE (*)

WV-RC700/G (*)

WV-F-565HE

WV-RC700A/B (*)

AW-F575HE

WV-RC700A/G (*)

AW-E600

AW-E800

AW-E800A

WV-RC550/G

WV-RC550/B

WV-RC700A

WV-CB700A

WV-RC550

WV-CB550

AW-RP501

AW-RP505

JVC

KY-35E

VF-P315E

RM-P350EG

__

__

KA-35E

KY-27ECH

VF-P550E

RM-P200EG

KY-19ECH

VF-P10E

RM-P300EG

KY-17FITECH

VP-P115E

RM-LP80E

KY-17BECH

VF-P400E

RM-LP821E

KY-F30FITE

VP-P550BE

RM-LP35U

KY-F30BE

VF-P116

RM-LP37U

KY-27CECH

VF-P116WE(1)

RM-P270EG

KH-100U

VF-P550WE(1)

RM-P210E

KY-D29ECH

KY-D29WECH(1)

13

KA-B35U

KA-M35U

KA-P35U

KA-27E

KA-20E

KA-P27U

KA-P20U

KA-B27E

KA-B20E

KA-M20E

KA-M27E

Company
name

Camera heads

Viewfinder

Camera control unit

Operational
control unit

Master control
unit (*)

Camera adapters

Olympus

MAJ-387N

OTV-SX 2

MAJ-387I

OTV-S5

OTV-S6

Camera OTV-SX

(*)Also called master set up unit (MSU) or master control panel (MCP).

(1) Models exempted under the condition that the corresponding triax system or triax-adapter is not sold on the EC market.

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