Council Regulation (EC) No 999/2004 of 17 May 2004 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: 2004-05-17
Institutions: Council of the European Union
Subjects: China, Malaysia, Singapore, South Korea, Thailand, anti-dumping duty, anti-dumping legislation, import, originating product, television

20.5.2004

EN

Official Journal of the European Union

L 183/7

COUNCIL REGULATION (EC) No 999/2004

of 17 May 2004

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
Community,

establishing the European

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), (‘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,

Whereas:

A. PROCEDURE

1. Measures in force

concerned’) originating i.a.
(‘China’). By

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

The rate of
the duty applicable to the net,
Community-frontier price, before duty, was
44,6 % for
China by Regulation 1531/2002.

free-at-
at
set
the product concerned from

imports of

(1)

(2)

(3)

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 origi-
nating in China is one of the measures on which the
review was initiated (‘the measures’).

(4)

(5)

(6)

review was

launched at

The
the
Commission in order to examine whether, as a conse-
quence of the enlargement of the European Union on 1
May 2004 (‘Enlargement’),
it would be appropriate to
adapt the measures.

initiative of

the

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.

3. Parties concerned by the investigation

in the Community,

interested parties known to the Commission,
All
associations of
including the Community industry,
exporters/
producers or users
importers and
producers in the countries concerned,
the
their associations and the relevant authorities of
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 oppor-
tunity 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.

2. Investigation

On 20 March 2004 the Commission announced through
the publication of a notice in the Official Journal of the
European Union (4) 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

(7)

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

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

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 231, 29.8.2002, p. 1.
(3) OJ L 231, 29.8.2002, p. 42.
(4) OJ C 70, 20.3.2004, p.15.

(a) Community producer:

— Royal Philips Electronics, Eindhoven, Netherlands

L 183/8

EN

Official Journal of the European Union

20.5.2004

(b) Exporting producers:

3. Assessment

— China Chamber of Commerce, Beijing, People's
the
Republic of China; acting on behalf of
following exporting producers:

— Haier Electrical Appliances Corporation Ltd,

— Hisense Import & Export Co., Ltd,

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

the volume of

— Konka Group Co., Ltd,

4. Conclusion

— Sichuan Changhong Electric Co. Ltd,

— Skyworth Multimedia International

(Shenzhen)

Co., Ltd,

— TCL King Electrical Appliances (HuiZhou) Co.,

Ltd,

— Xiamen Overseas Chinese Electronic Co, Ltd,

(12)

(13)

B. PRODUCT CONCERNED

Considering the above,
to take
account of Enlargement it is appropriate to adapt the
measures in order to cater for the additional
imports
volume into the EU10 market.

is concluded that,

it

imports subject

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

the undertaking. The amount of

(8)

(9)

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
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.

clock. This product

receiver

and/or

(14) Accordingly,

it

considered appropriate

the
that
is
Commission may accept a proposal
for a modified
undertaking reflecting the situation after the Enlargement
on the basis of the method described in recital 13,

C. RESULTS OF THE INVESTIGATION

HAS ADOPTED THIS REGULATION:

1. Claims made by interested parties

imports

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
to which the price undertaking
applies was established on the basis of a proportion of
the apparent consumption of
the EU of 15 Member
States. It argued that, therefore, the undertaking should
be revised in order to take due account of the market of
the EU of 25 Member States.
It claimed that such
in order to avoid discrimination
revision was essential
in favour of
the product
concerned to the EU.

exporters of

the other

Article 1

colour

The Commission may accept a proposal for a modified under-
taking increasing the volume of imports subject to the price
undertaking accepted by Decision 2002/683/EC as regards
television receivers originating in the
imports of
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 EU of 15
Member States, that is as a growing amount reaching a given
proportion of apparent EU consumption for the fifth year of the
undertaking.

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.

Article 2

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

20.5.2004

EN

Official Journal of the European Union

L 183/9

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

Done at Brussels, 17 May 2004.

For the Council
The President

B. COWEN