2006/258/EC: Commission Decision of  6 March 2006  repealing Decision 2002/683/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating,  inter alia , in the People’s Republic of China
Date: 2006-03-27
Institutions: European Commission
Subjects: China, anti-dumping legislation, electrical engineering, television equipment

31.3.2006

EN

Official Journal of the European Union

L 93/63

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 6 March 2006

repealing Decision 2002/683/EC accepting an undertaking offered in connection with the anti-
dumping proceeding concerning imports of colour television receivers originating, inter alia, in
the People’s Republic of China

(2006/258/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 Article 8 thereof,

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 exempted from the
definitive anti-dumping duties.

B. BREACHES OF THE UNDERTAKING

1. Obligations of companies with undertakings

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

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

inter

alia,

by

parallel,

Commission,

the
accepted a

In
Decision
2002/683/EC (3),
joint undertaking (the
undertaking) by Haier Electrical Appliances Corp., Ltd,
Hisense Import & Export Co., Ltd, Konka Group Co.,
Ltd, Sichuan Changhong Electric Co., Ltd, Skyworth
(Shenzen) Co., Ltd, TCL King
Multimedia International
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 Electronics
Products (CCCME).

(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.

(4)

(5)

(6)

to the

The undertaking offered by the Companies obliges them
to, inter alia, export the product covered by the under-
taking
in the
Community at or above certain minimum import price
levels (MIPs) and to respect certain quantitative ceilings
laid down in the undertaking. These price levels and
ceilings eliminate the injurious effects of dumping.

independent

customer

first

For the purposes of ensuring compliance with the under-
taking, CCCME and the Companies also agreed to
information considered necessary by the
provide all
Commission and to allow on-spot verification visits at
their premises in order to permit verifications of 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

L 93/64

EN

Official Journal of the European Union

31.3.2006

(7)

(8)

(9)

sales of

In this regard, the Commission requested to carry out
on-spot verification visits at
the premises of CCCME
the two companies with the largest reported
and of
volume of
the product concerned, namely
Xiamen Overseas Chinese Electronic Co., Ltd and
Konka Group Co., Ltd. The Commission sent pre-verifi-
cation letters to CCCME, Xiamen Overseas Chinese Elec-
tronic Co., Ltd and Konka Group Co., Ltd with an indi-
cation of the dates for the on-spot verification.

2. Results of the verification request

The CCCME and Xiamen Overseas Chinese Electronic
Co., Ltd confirmed the acceptance of
the verification
requested by the Commission. However, Konka
visit
Group Co., Ltd refused to accept a verification visit.

of

5.6

undertaking,

The company was requested to clarify whether this was
its final position and was reminded that according to
the Companies
Clause
the
undertook to cooperate in providing all
information
considered necessary by the European Commission for
the purpose of ensuring compliance with the joint under-
taking and to allow officials of the European Commission
information and data furnished. This
to verify all
these officials performing
included the possibility of
on-spot
the
at
Companies and/or the CCCME, even at short notice.

investigations

premises

the

of

(10)

By letter, the company Konka Group Co., Ltd, confirmed
that they had no interest to cooperate and this position
taken by the company was furthermore confirmed by the
CCCME.

(11) Accordingly,

the CCCME and the Companies were
informed of the essential
facts and considerations on
the basis of which it was intended to withdraw the
Commission’s acceptance of
the undertaking, due to
the undertaking by Konka Group Co.,
the breach of

Ltd, and to impose the definitive anti-dumping duty in its
place. A period was granted within which representations
could be made both in writing and orally. No comments
were received.

(12)

(13)

C. REPEAL OF DECISION 2002/683/EC

In the light of the above, it is considered that acceptance
of
in
the undertaking offered by the Companies
conjunction with the CCCME, should be withdrawn.
Decision 2002/683/EC accepting an undertaking should
be repealed.

In parallel to this Decision, the Council, by Regulation
(EC) No 511/2006 (1) has amended Regulation (EC) No
1531/2002 so as to impose a definitive anti-dumping
duty on imports exported to the Community by the
companies concerned of colour television receivers,

HAS DECIDED AS FOLLOWS:

Decision 2002/683/EC is hereby repealed.

Article 1

Article 2

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Union.

Done at Brussels, 6 March 2006.

For the Commission

Peter MANDELSON
Member of the Commission

(1) See page 26 of this Official Journal.