Proposal for a Council Regulation on the application of Regulation (EC) No 1531/2002 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: 2004-04-19
Institutions: European Commission
Subjects: anti-dumping duty, import, originating product, television, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.04.2004 
COM(2004) 280 final 

Proposal for a 

COUNCIL REGULATION 

on the application of Regulation (EC) No 1531/2002 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  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

On 20 March 2004, the Commission initiated a review investigation with regard to, inter alia, 
imports  of  colour  television  receivers  originating  in  the  People’s  Republic  of  China,  the 
Republic  of  Korea,  Malaysia  and  Thailand.  The  purpose  of  this  review  was  to  examine 
whether  these  measures  should  be  amended  to  take  account  of  the  enlargement  of  the 
Community. 

The  examination  showed  that  for  seven  Chinese  exporters  it  is  necessary  to  adapt  the 
quantitative element of the undertaking to take account of the fact that this quantity which had 
been calculated on the basis of a Community of 15 Member States should be recalculated on 
the basis of a Community of 25 Member States. 

It is therefore proposed to revise the existing undertaking for these seven exporters. 

Member Sates were consulted and did not oppose the proposal. 

It is proposed that the Council adopt the attached proposal for a Regulation, which should be 
published in the Official Journal no later than 20 May 2004. 

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Proposal for a 

COUNCIL REGULATION 

on the application of Regulation (EC) No 1531/2002 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  

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,  as  last 
amended  by  Regulation  (EC)  No  461/20042  (“the  basic  Regulation”),  and  in  particular 
Articles 8, 11(3) and 22 (c) thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory 
Committee,3 

Whereas: 

A. PROCEDURE 

1. Measures in force 

(1) 

By  Regulation  (EC)  No  1531/20024  the  Council  imposed  a  definitive  anti-dumping 
duty  on  imports  into  the  Community  of  colour  television  receivers  (“the  product 
concerned”)  originating  i.a.  in  the  People’s  Republic  of  China  (“China”).  By  the 
Commission Decision (2002/683/EC) of 29 July 20025, an undertaking was accepted 
for  seven  exporters  in  China:  (1)  Haier  Electrical  Appliances  Corporation  Ltd,  (2) 
Hisense Import & Export Co., Ltd, (3) Konka Group Co., Ltd, (4) Sichuan Changhong 
Electric Co. Ltd, (5) Skyworth Multimedia International (Shenzhen) Co., Ltd, (6) TCL 
King  Electrical  Appliances  (HuiZhou)  Co.,  Ltd,  (7)  Xiamen  Overseas  Chinese 
Electronic Co, Ltd. 

(2) 

The  rate  of  the  duty  applicable  to  the  net,  free-at-Community-frontier  price,  before 
duty, was set at 44,6% for imports of the product concerned from China by Regulation 
1531/2002. 

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2 
3 
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5 

OJ L 56, 6.3.1996, p. 1. 
OL L 77, 13.3.2004, p. 12. 
OJ C […] […], p. […] 
OJ L 231, 29.8.2002, p. 1. 
OJ L 231, 29.8.2002, p. 42. 

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2. Investigation 

(3) 

(4) 

(5) 

(6) 

On 20 March 2004 the Commission announced through the publication of a notice in 
the  Official  Journal  of  the  European  Union6  the  initiation  of  a  number  of  partial 
interim  reviews  of  anti-dumping  measures  applicable  to  imports  of  certain  products 
originating in the People’s Republic of China, the Russian Federation, Ukraine and the 
Republic of Belarus pursuant to Articles 11(3) and 22(c) of the basic Regulation. The 
Anti-dumping measure imposed  on imports of colour television receivers originating 
in China is one of the measures on which the review was initiated (“the measures”).  

The  review  was  launched  at  the  initiative  of  the  Commission  in  order  to  examine 
whether, as a consequence of the enlargement of the European Union on 1 May 2004 
(“Enlargement”), it would be appropriate to adapt the measures.  

Since a certain quantity of the imports of the product concerned originating in China is 
currently  subject  to  a  price  undertaking  for  a  specific  volume,  the  review  of  the 
measures was initiated in order to examine whether this undertaking, which was drawn 
up on the basis of data for a Community of 15 Member States, should be adapted to 
take account of the enlargement of the European Union to 25 Member States. 

3. Parties concerned by the investigation 

All  interested  parties  known  to  the  Commission,  including  the  Community  industry, 
associations  of  producers  or  users  in  the  Community,  exporters/producers  in  the 
countries  concerned,  importers  and  their  associations  and  the  relevant  authorities  of 
the  countries  concerned  as  well  as  interested  parties  in  the  ten  new  Member  States 
which acceded to the European Union on 1 May 2004 (“the EU10”) were informed of 
the initiation of the investigation and were given the opportunity to make their views 
known in writing, to submit information and to provide supporting evidence within the 
time limit set out in the notice of initiation. All interested parties who so requested and 
showed that there were reasons why they should be heard were granted a hearing. 

(7) 

In this regard, the following interested parties made their views known: 

(a) Community producer: 

- Royal Philips Electronics, Eindhoven, Netherlands 

(b) Exporting producers: 

-  China  Chamber  of  Commerce,  Beijing,  People’s  Republic  of  China;  acting  on 

behalf of following exporting producers: 

- Haier Electrical Appliances Corporation Ltd,  

- Hisense Import & Export Co., Ltd,  

- Konka Group Co., Ltd,  

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OJ C 70, 20.3.2004, p.15. 

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- Sichuan Changhong Electric Co. Ltd,  

- Skyworth Multimedia International (Shenzhen) Co., Ltd, 

- TCL King Electrical Appliances (HuiZhou) Co., Ltd, 

- Xiamen Overseas Chinese Electronic Co, Ltd, 

B. PRODUCT CONCERNED 

(8) 

The  product  concerned  is  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. 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.  

C. RESULTS OF THE INVESTIGATION 

1. Claims made by interested parties 

(9) 

The China Chamber of Commerce for Import and Export of Machinery and Electronic 
Products (CCCME) acting on behalf of the companies for whom the undertaking was 
granted  in  conjunction  with  CCCME  submitted  that  the  volume  of  imports  to  which 
the  price  undertaking  applies  was  established  on  the  basis  of  a  proportion  of  the 
apparent  consumption  of  the  Community  of  15  Member  States.  It  argued  that 
therefore, the undertaking should be revised in order to take due account of the market 
of the Community of 25 Member States. It claimed that such revision was essential in 
order to avoid discrimination in favour of the other exporters of the product concerned 
to the EU.  

2. Comments received from Member States 

(10)  The  Member  States  have  made  their  views  known  and  the  majority  of  them  support 
adapting  the  measures  in  order  to  take  account  of  the  enlargement  of  the  European 
Union.  

3. Assessment  

(11)  An analysis was made of the available data and information which confirmed that the 
import volumes of the product concerned from China into the EU10 were significant. 
Considering  that  the  volume  of  imports  subject  to  the  price  undertaking  currently  in 
force was established on the basis of the Community of 15 Member States, it does not 
take into account the effect of the increase of the market following the enlargement of 
the Community to 25 Member States  

4. Conclusion 

(12)  Considering  the  above,  it  is  concluded  that  to  take  account  of  Enlargement  it  is 
appropriate to adapt the measures in order to cater for the additional imports volume 
into the EU 10 market. 

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(13)  The original volume of imports subject to the price undertaking for the Community of 
15  Member  States  was  calculated  as  a  growing  amount  that  should  reach  a  given 
proportion of apparent Community consumption for the fifth year of the undertaking. 
The amount of the increase of the volume of imports subject to the price undertaking 
may be calculated following the same calculation method.  

(14)  Accordingly, it is considered appropriate that the Commission may accept a proposal 
for  a  modified  undertaking  reflecting  the  situation  after  Enlargement  on  the  basis  of 
the method described in recital 13. 

HAS ADOPTED THIS REGULATION:  

Article 1 

The Commission may accept a proposal for a modified undertaking increasing the volume of 
imports subject to the price undertaking accepted by Commission Decision (2002/683/EC) of 
29  July  2002  as  regards  imports  of  colour  television  receivers  originating  in  the  People’s 
Republic of China. The increase shall be calculated by using the same calculation method that 
was  used  when  the  original  price  undertaking  was  established  for  the  Community  of  15 
Member  States,  that  is  as  a  growing  amount  reaching  a  given  proportion  of  apparent 
Community consumption for the fifth year of the undertaking. 

Article 2 

This Regulation shall enter into force the day after its publication in the Official Journal of the 
European Union.  

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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