Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of television camera systems and parts thereof originating in Japan
Date: 2005-09-29
Institutions: European Community
Subjects: Japan, anti-dumping duty, anti-dumping legislation, import, recording equipment, television

29.9.2005

EN

Official Journal of the European Union

C 239/9

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
television camera systems and parts thereof originating in Japan

(2005/C 239/05)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of television
camera systems originating in Japan, (‘country concerned’), the
Commission has received a request
for review pursuant to
Article 11(2) of Council Regulation (EC) No 384/96 on protec-
tion against dumped imports from countries non members of
the European Community (‘the basic Regulation’) (2), as last
amended by Council Regulation (EC) No 461/2004 (3).

The allegation of continuation of dumping in respect of Japan
is based on a comparison of normal value, established on the
basis of domestic prices, with the export prices of the product
concerned to the Community.

On this basis, the dumping margin calculated is significant.

1. Request for review

The request was lodged on 29 June 2005 by Grass Valley (‘the
applicant’) on behalf of producers representing a major propor-
tion,
in this case more than 60 %, of the total Community
production of television camera systems.

2. Product

ex 8537 10 91

8525 30 90 10),

The product under review is television camera systems and
parts thereof originating in Japan (‘the product concerned’),
currently classifiable within CN codes ex 8525 30 90 (TARIC
Code
Code
ex 8537 10 99
Code
8537 10 91 91),
ex 8529 90 81
Code
8537 10 99 91),
ex 8529 90 88
Code
8529 90 81 38),
Code
ex 8543 89 95
8529 90 88 32),
Code
ex 8528 21 14
8543 89 95 39),
8528 21 14 10), ex 8528 21 16 (TARIC Code 8528 21 16 10)
and ex 8528 21 90 (TARIC Code 8528 21 90 10). These CN
codes are given only for information.

(TARIC
(TARIC
(TARIC
(TARIC
(TARIC

(TARIC

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 2042/2000 (4).

4. Grounds for the review

With regard to the recurrence of dumping, it is also alleged
that the exports to other third countries, i.e. China and India,
are made at dumped prices.

In addition, it is alleged that assembly of cameras by certain
Japanese companies in the EU has occurred mainly due to the
existence of measures and that the lapsing thereof would in all
likelihood lead to a replacement of such cameras by imports
from Japan. These imports could allegedly follow the same
price patterns as
to cameras
assembled in the EU. Such prices would in all likelihood be
dumped as alleged by the applicant.

currently applicable

those

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of the product concerned is likely to increase due to the exis-
tence of unused capacity and the potential of the manufac-
the exporting producers in the country
turing facilities of
concerned.

In addition, the applicant alleges that the removal of injury by
dumped imports is mainly due to the existence of measures
and that any recurrence of substantial
imports at dumped
prices from the country concerned would likely lead to a recur-
rence of
the Community industry should
measures be allowed to lapse.

further injury of

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

The request is based on the grounds that the expiry of the
measures would be likely to result in a continuation or recur-
rence of dumping and injury to the Community industry.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

(1) OJ C 309, 15.12.2004, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 77, 13.3.2004, p.12.
(4) OJ L 244, 29.9.2000, p. 38.

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

C 239/10

EN

Official Journal of the European Union

29.9.2005

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the Community industry and to any association of
producers in the Community, to the exporters/producers in
Japan, to any association of exporters/producers,
to the
importers, to any association of importers named in the
request or which cooperated in the investigation leading to
the measures subject to the present review, and to the
authorities of the exporting country concerned.

interested parties should contact

In any event, all
the
Commission forthwith by fax in order to fin out whether
they are listed in the request and, if necessary, request a
questionnaire within the time limit set in point 6(a), given
that the time limit set in point 6(b) applies to all interested
parties.

(b) Collection of information and holding of hearings

submit

information other

All interested parties are hereby invited to make their views
than questionnaire
known,
replies and to provide supporting evidence. This informa-
tion and supporting evidence must reach the Commission
within the time limit set in point 6(b). Furthermore, the
Commission may hear interested parties, provided that they
make a request showing that there are particular reasons
why they should be heard. This request must be made
within the time limit set in point 6(c).

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain, or repeal the anti-dumping measures
would not be against the Community interest. For this reason
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, provided that they prove that there is an objective
link between their activity and the product concerned, may,
within the time limits set
in point 6(b), make themselves
known and provide the Commission with information. The
parties which have acted in conformity with the previous
sentence may request a hearing, setting the particular reasons
why they should be heard, within the time limit set in point
should be noted that any information submitted
6(c).
It
if
to Article 21 will only be taken into account
pursuant
supported by factual evidence at the time of submission.

6. Time limits

(a) For parties to request a questionnaire or other claim forms

All interested parties who did not cooperate in the investi-
to the present
gation leading to the measures subject

review should request a questionnaire as soon as possible,
but not later than 15 days after the publication of this
notice in the Official Journal of the European Union.

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

All
their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission, present
their views and submit questionnaire replies or any other
information within 40 days of the date of publication of
this notice in the Official
the European Union,
unless otherwise specified. Attention is drawn to the fact
that the exercise of most procedural rights set out in the
basic Regulation depends on the party's making itself
known within the aforementioned period.

Journal of

(c) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

7. Written submissions, questionnaire replies and cor-

respondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified) and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.
All written submissions, including the information requested in
this notice, questionnaire replies and correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘FOR INSPECTION BY INTER-
ESTED PARTIES’.

shall be

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

(1) This means that

the document

is for internal use only.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It

29.9.2005

EN

Official Journal of the European Union

C 239/11

8. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested

party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.