Council Regulation (EC) No 511/2006 of  27 March 2006  amending Regulation (EC) No 1531/2002 imposing a definitive anti-dumping duty on imports of colour television receivers originating,  inter alia , in the People's Republic of China
Date: 2006-03-27
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, television equipment

L 93/26

EN

Official Journal of the European Union

31.3.2006

COUNCIL REGULATION (EC) No 511/2006

of 27 March 2006

amending Regulation (EC) No 1531/2002 imposing a definitive anti-dumping duty on imports of
colour television receivers originating, inter alia, in the People's Republic of China

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 and 9 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

(4)

In August 2002, by Regulation (EC) No 1531/2002 (2),
the Council imposed a definitive anti-dumping duty on
(the product
imports of colour
People's
concerned) originating,
Republic of China (the PRC).

television receivers

in the

alia,

inter

by

parallel,

Commission,

the
accepted a

In
Decision
2002/683/EC (3),
joint undertaking (the
undertaking) offered by Haier Electrical Appliances
Corp. Ltd, Hisense Import & Export Co. Ltd, Konka
Group Co. Ltd, Sichuan Changhong Electric Co. Ltd,
(Shenzen) Co. Ltd,
Skyworth Multimedia International
TCL King Electrical Appliances (Hui Zhou) Co. Ltd and
Xiamen Overseas Chinese Electronic Co. Ltd,
(the
Companies) in conjunction with the China Chamber of
Commerce for Import and Export of Machinery and Elec-
tronics Products (CCCME).

As a result, imports into the Community of the product
concerned of PRC origin, produced by the Companies,
and of a type covered by the undertaking (the product
covered by the undertaking), were exempt from the defi-
nitive anti-dumping duties.

B. FAILURE TO COMPLY WITH THE UNDERTAKING

The undertaking offered by the Companies obliges them
to, inter alia, export the product covered by the under-
in the
taking

independent

customer

to the

first

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

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 231, 29.8.2002, p. 1.
(3) OJ L 231, 29.8.2002, p. 42.

Community at, or above, certain minimum import
price levels (MIPs) and to respect certain quantitative
laid down in the undertaking. These price
ceilings
levels and ceilings eliminate the injurious effects of
dumping.

For the purposes of ensuring compliance with the under-
taking, CCCME and the Companies also agreed to
provide all
information considered necessary by the
Commission and to allow on-the-spot verification visits
at their premises in order to verify the accuracy and
veracity of data submitted in the said quarterly reports.

As noted in recital 239 of Regulation (EC) No
1531/2002, the undertaking specifically provides that a
breach by any of the Companies or the CCCME shall be
considered as a breach of the undertaking by all signa-
tories.
European
Commission in monitoring the undertaking is considered
as a breach of the undertaking.

cooperate with

Failure

the

to

at

verification visits

In this regard, the Commission requested to carry out
on-the-spot
the premises of
the two companies with the largest
CCCME and of
reported volume of sales of
the product concerned,
namely Xiamen Overseas Chinese Electronic Co. Ltd
and Konka Group Co. Ltd. The Commission sent pre-
verification letters to CCCME, Xiamen Overseas Chinese
Electronic Co. Ltd and Konka Group Co. Ltd with an
indication of the dates for the on-the-spot verification.
The CCCME and Xiamen Overseas Chinese Electronic Co.
Ltd confirmed the acceptance of the on-the-spot verifi-
cation visit
requested by the Commission. However,
Konka Group Co. Ltd refused to accept an on-the-spot
verification visit, thereby breaching the undertaking.

Commission Decision 2006/258/EC (4) sets out in more
detail the nature of the breach found.

has

been withdrawn

In view of the breach, acceptance of the undertaking
in conjunction with the
offered by the Companies
CCCME
by Decision No
2006/258/EC. A definitive anti-dumping duty should
therefore be imposed forthwith on imports of
the
product concerned exported to the Community by the
companies concerned.

(5)

(6)

(7)

(8)

(9)

(4) See page 63 of this Official Journal.

31.3.2006

EN

Official Journal of the European Union

L 93/27

(10)

In accordance with Article 8(9) of the basic Regulation,
the rate of the anti-dumping duty must be established on
the basis of the facts established within the context of the
investigation which led to the undertaking. As the inves-
tigation in question was concluded by a final determi-
nation as to dumping and resulting injury by Regulation
(EC) No 1531/2002, it is considered appropriate that the
definitive anti-dumping rate be set at the level and in the
form imposed by that Regulation, namely 44,6 % of the
net, cif free-at-Community-frontier price, before duty.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1531/2002 is hereby amended as follows:

1. Article 3, Annex I and Annex II shall be repealed;

2. Articles 4 and 5 shall become Articles 3 and 4 respectively.

C. AMENDMENT TO REGULATION (EC) No 1531/2002

Article 2

(11)

In view of the above, Regulation (EC) No 1531/2002
should be amended accordingly,

This Regulation shall enter into force on the day following 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, 27 March 2006.

For the Council
The President

H. GORBACH