Council Regulation (EC) No 1696/2002 of 23 September 2002 amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan
Date: 2002-09-23
Institutions: Council of the European Union
Subjects: Japan, anti-dumping duty, import, originating product, recording equipment, television

27.9.2002

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1696/2002

of 23 September 2002

amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on
imports of television camera systems originating in Japan

THE COUNCIL OF THE EUROPEAN UNION,

camera systems which were explicitly exempted from
the definitive anti-dumping duty.

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),

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

Whereas:

1. PREVIOUS PROCEDURES

(1)

(2)

(3)

The Council, by Regulation (EC) No 1015/94 (2),
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 Regula-
tion (hereinafter
representing high-end
professional camera systems technically falling within
the product definition under Article 1(2) of Regulation
(EC) No 1015/94, but which cannot be regarded as tele-
vision camera systems.

the Annex),

In October 1995, the Council, by Regulation (EC) No
2474/95 (3), amended the abovementioned Regulation
(EC) No 1015/94,
in particular as regards the like
product definition and certain models of professional

(4)

(5)

(6)

(7)

In October 1997, the Council, by Regulation (EC) No
1952/97 (4), 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 Commu-
nity (hereinafter 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.

In January 1999 and 2000, the Council, by Regulation
(EC) No 193/1999 (5) and Regulation (EC) No 176/
2000 (6) amended Regulation (EC) No 1015/94 adding
certain successor models of professional camera systems
to the Annex and thus excluding those from the applica-
tion of the definitive anti-dumping duty.

In September 2000, the Council, by Regulation (EC) No
2042/2000 (7), confirmed the definitive anti-dumping
duties imposed by Regulation (EC) No 1015/94 in accor-
dance with Article 11(2) of the basic Regulation.

In January 2001 and in May 2001, the Council intro-
duced 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.

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

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

(2) OJ L 111, 30.4.1994, p. 106. Regulation as last amended by Regula-

tion (EC) No 176/2000 (OJ L 22, 27.1.2000, p. 29).

(3) OJ L 255, 25.10.1995, p. 11.

(4) OJ L 276, 9.10.1997, p. 20.
(5) OJ L 22, 29.1.1999, p. 10.
(6) OJ L 22, 27.1.2000, p. 29.
(7) OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regula-

tion (EC) No 951/2001 (OJ L 134, 17.5.2001, p. 18).

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(8)

(9)

(10)

(11)

Finally, in September 2001, the Council, by Regulation
(EC) No 1900/2001 (1), 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
they
2001 and 12 October 2001 respectively,
intended to introduce new models of professional
camera
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.

into the Community market

systems

that

The Commission informed the Community industry
accordingly and commenced an investigation limited to
the determination of whether the products under consid-
eration 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

applications

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

received concerned the

(i) JVC

— remote camera control unit RM-P210E;

(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 profes-
sional video market.

(13)

(14)

(15)

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 equip-
ment listed in recital 11 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
retroactively exempted from the anti-dumping measures
in force, irrespective the date of their importation. It was
argued that since these models were found to be profes-
sional camera systems, the anti-dumping duty should
not apply on imports made prior to the publication of
the present Regulation.

Camera systems listed in the Annex to 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 determina-
tion 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 applica-
tion of the duty from the moment an affirmative deci-
sion to include the model in question in the Annex has
been made. Being so, the exemption should in principle
produce its effects for the future only, 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 Commu-
nity only between the moment of the request for exemp-
tion and the publication of the relevant amendment of
the Annex. Consequently these transactions could be
identified in the framework of the examination by the
Commission. Under these particular circumstances it was
considered acceptable not
to levy the duty on such
imports occurring after the application for the exemp-
tion.

2.3. Findings

(17)

(12)

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 suffi-
cient to classify them as broadcast or television camera
the
systems. Therefore,

it was concluded that all of

(1) OJ L 261, 29.9.2001, p. 3.

In the present case, retroactive effect is requested, irre-
spective of the date of first imports, and would hence
cover imports that occurred prior to the request for
certain
exemption. The
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.

investigation revealed that

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(18)

(19)

(20)

it is considered that retroactive
In view of the above,
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 impor-
tation if and when the irregularities come to the authori-
ties' 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,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex of Regulation (EC) No 2042/2000 is replaced by
the Annex to this Regulation.

Article 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.

Article 3

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

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

Done at Brussels, 23 September 2002.

For the Council

The President

M. FISCHER BOEL

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ANNEX

‘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

RM-M7G

—

CCU-M3P

CCU-M5P

CCU-M7P

CUU-M5AP (1)

CA-325P

CA-325AP

CA-325B

CA-327P

CA-537P

CA-511

CA-512P

CA-513

VCT-U14 (1)

DXF-3000CE

DXF-325CE

DXF-501CE

DXF-M3CE

DXF-M7CE

DXF-40CE

DXF-40ACE

DXF-50CE

DXF-601CE

DXF-40BCE

DXF-50BCE

DXF-701CE

DXF-WSCE (1)

DXF-801CE (1)

Sony

DXC-M7PK

DXC-M7P

DXC-M7PH

DXC-M7PK/1

DXC-M7P/1

DXC-M7PH/1

DXC-327PK

DXC-327PL

DXC-327PH

DXC-327APK

DXC-327APL

DXC-327AH

DXC-537PK

DXC-537PL

DXC-537PH

DXC-537APK

DXC-537APL

DXC-537APH

EVW-537PK

EVW-327PK

DXC-637P

DXC-637PK

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)

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Operational
control unit

RCU-240

RCU-390 (1)

RCU-400 (1)

RCU-240A

Master control unit (*)

Camera adapters

—

CA-340

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)

Company name

Camera heads

Viewfinder

Camera control unit

VF15-21/22

VF-4523

VF15-39

VF15-46 (1)

VF5040 (1)

VF5040W (1)

MA-200/230

MA-200A (1)

MA-400 (1)

CCU-37

CCU-10

GM-5 (A)

GM-5-R2 (A)

GM-5-R2

GM-50

GM-8A (1)

GM-9 (1)

GM-51 (1)

RU-C1 (B)

RU-C1 (D)

RU-C1

RU-C1-S5

RU-C10 (B)

RU-C10 (C)

RC-C1

RC-C10

RU-C10

RU-Z1 (B)

RU-Z1 (C)

RU-Z1

RC-C11

RU-Z2

RC-Z1

RC-Z11

RC-Z2

RC-Z21

RC-Z2A (1)

RC-Z21A (1)

RU-Z3 (1)

RC-Z3 (1)

Ikegami

Hitachi

HC-340

HC-300

HC-230

HC-240

HC-210

HC-390

LK-33

HDL-30MA

HDL-37

HC-400 (1)

HC-400W (1)

HDL-37E

HDL-10

HDL-40

SK-H5

SK-H501

DK-7700

DK-7700SX

HV-C10

HV-C11

HV-C10F

Z-ONE (L)

Z-ONE (H)

Z-ONE

Z-ONE A (L)

Z-ONE A (H)

Z-ONE A (F)

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)

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Company name

Camera heads

Viewfinder

Camera control unit

Operational
control unit

Master control unit (*)

Camera adapters

Hitachi
(cont'd)

FP-C10 A (C)

FP-C10 A (D)

FP-C10 A (F)

FP-C10 A (G)

FP-C10 A (H)

FP-C10 A (L)

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)

WV-AD700SE

WV-AD700ASE

WV-AD700ME

WV-AD250E

WV-AD500E (*)

AW-AD500AE

AW-AD700BSE

Matsushita

WV-F700

WV-F700A

WV-F700SHE

WV-VF65BE

WV-VF40E

WV-VF39E

WV-RC700/B

WV-RC700/G

WV-RC700A/B

WV-F700ASHE

WV-VF65BE (*)

WV-RC700A/G

—

—

WV-F700BHE

WV-VF40E (*)

WV-F700ABHE

WV-VF42E

WV-F700MHE

WV-VF65B

AW-VF80

WV-F350

WV-F350HE

WV-F350E

WV-F350AE

WV-F350DE

WV-F350ADE

WV-F500HE (*)

WV-F-565HE

AW-F575HE

AW-E600

AW-E800

AW-E800A

WV-RC36/B

WV-RC36/G

WV-RC37/B

WV-RC37/G

WV-CB700E

WV-CB700AE

WV-CB700E (*)

WV-CB700AE (*)

WV-RC700/B (*)

WV-RC700/G (*)

WV-RC700A/B (*)

WV-RC700A/G (*)

WV-RC550/G

WV-RC550/B

WV-RC700A

WV-CB700A

WV-RC550

WV-CB550

AW-RP501

AW-RP505

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Company name

Camera heads

Viewfinder

Camera control unit

Operational
control unit

Master control unit (*)

Camera adapters

JVC

VF-P315E

VF-P550E

VF-P10E

VP-P115E

VF-P400E

VP-P550BE

VF-P116

RM-P350EG

RM-P200EG

RM-P300EG

RM-LP80E

RM-LP821E

RM-LP35U

RM-LP37U

VF-P116WE (1)

RM-P270EG

VF-P550WE (1)

RM-P210E

KY-35E

KY-27ECH

KY-19ECH

KY-17FITECH

KY-17BECH

KY-F30FITE

KY-F30BE

KY-27CECH

KH-100U

KY-D29ECH

KY-D29WECH (1)

Olympus

MAJ-387N

MAJ-387I

Camera OTV-SX

OTV-SX2

OTV-S5

OTV-S6

—

—

KA-35E

KA-B35U

KA-M35U

KA-P35U

KA-27E

KA-20E

KA-P27U

KA-P20U

KA-B27E

KA-B20E

KA-M20E

KA-M27E

(*) 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.’